Terms of Service
Section 1: Definitions
1.1 “Particle Platform” means the Third Party Product known as the Particle prototype-to-production platform for developing Internet of Things products.
1.2 “Porter Platform” means the Bright/Contrast suite of development, prototyping and testing Products and Services for use with the Particle Platform and other Third Party Products to automatically build user interfaces and control devices, among other things.
1.3 “Products” means the application and other software provided by Bright/Contrast under the Porter brand that is available for download either directly from Bright/Contrast or via a third-party app store.
1.4 “Service Companies” means third-party service companies providing certain services to Bright/Contrast (e.g., credit card billing) for which it is necessary to provide users’ personally identifiable information.
1.5 “Services” means any and all services and hosted software applications provided by Bright/Contrast under the Porter brand, including but not limited to those provided in connection with the Website and any other software services offered as part of Bright/Contracts’ Porter brand offerings.
1.6 “Third Party Product” includes but is not limited to any application, website, API, software, or hardware that interacts with, uses or connects to any Products or Services but which is not provided by Bright/Contrast.
1.7 “You” means yourself and any entities you represent or act on behalf of.
1.8 “Website(s)” means any web domains owned, operated, branded or co-branded by Bright/Contrast under the Porter name, including, without limitation, www.porterapp.com.
Section 2: General Terms
2.1 Subject to the payment of any applicable fees, Bright/Contrast grants You a non-exclusive, non-transferable, non-sublicensable, world-wide, personal license, in object code format only, to use the Porter Platform solely for the purpose of developing user interfaces and controlling devices on the Particle Platform and other Third Party Products. This license to the Porter Platform is revocable at any time for any reason. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Porter Platform and destroy all copies of the Porter Platform. You are being granted a right and license to use the Porter Platform - Bright/Contrast does not transfer title of the Porter Platform. You are only entitled to the limited use of the intellectual property rights granted to you under this foregoing license.
2.2 You agree not to, and to not assist any third party to, reverse engineer, disassemble, alter or decompile any portion of the Porter Platform.
2.3 Bright/Contrast may provide assistance to its users, in its sole and absolute discretion, but is not obligated to do so and may terminate any assistance at any time without notice to you. Bright/Contrast does not undertake nor is it obligated to provide You with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Porter Platform.
2.4 The information, data, services, documentation, and materials available from or through the Porter Platform are owned by Bright/Contrast and its affiliates, partners, licensors or suppliers and are protected by copyright and other intellectual property laws and treaties. Bright/Contrast and such third parties reserve all rights therein.
Section 3: Account Creation and Use
3.1 In order to access certain Services, You must create an account with Bright/Contrast with a valid email address and password.
3.1.1 By creating an account, You are confirming that any and all information You provide upon registration is accurate and complete. You are also certifying that you are (1) over the age of 13 and (2) allowed to legally use these services in the US and other countries and are not barred from doing so by any governmental agencies.
3.1.2 Only one account may be created per unique email address.
3.1.3 You are responsible for the confidentiality of Your login information and are fully responsible for any and all activities, communications or behaviors that occur under your account or with any use of the Porter Platform connected to Your account.
3.1.4 You agree to notify Bright/Contrast immediately if You have reason to believe Your account has been compromised or You suspect unauthorized use of Your account. Bright/Contrast cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.2 By creating an account, You grant Bright/Contrast the ability to interact with any and all portions of the Porter Platform and Third Party Products connected to Your account in order to provide you with support at your request. Once You have set up this account, Bright/Contrast will continue to have access to all portions of the Porter Platform and Third Party Products connected to Your account until you specifically revoke access by altering your settings or closing Your account.
3.4 You and any legal entity connected to Your account remain responsible for informing any person and/or entity to whom You provide access to any portion of the Porter Platform connected to Your account of their own use responsibilities and these terms which they accept by using any portion of the Porter Platform. You agree to indemnify Bright/Contrast for any damages that may arise if accounts or any portion of the Porter Platform are shared with others.
3.6 You agree that Bright/Contrast, in its sole discretion and at any time, may modify, terminate or suspend your password, account ID, Account, or access to or use of the Porter Platform (or any part thereof) for any reason whatsoever, including, without limitation, if Bright/Contrast believes that you have violated or acted inconsistently with the letter or spirit of these Terms or acted to the detriment of Bright/Contrast or its customers or partners or any other holders of an Account. Bright/Contrast reserves the right to (a) suspend, terminate, or deactivate any accounts that are inactive for an extended period of time, or (b) terminate, block, or prevent access to the Porter Platform by any users or groups of users that are not legitimate users of the Porter Platform. You agree that any termination or suspension of your access to the Porter Platform under any provision of these Terms or otherwise may be effected without prior notice, and you acknowledge and agree that Bright/Contrast may immediately deactivate or delete your account and all related data in your account and/or bar any further access to such data or the Porter Platform without prior notice. Further, you agree that Bright/Contrast shall not be liable to you or any third party for any termination or suspension of your account or use of or access to the Porter Platform.
Section 4: Use of the Porter Solution
4.1 You agree to comply with all applicable laws, rules and regulations with respect to your use of the Porter Platform. Unless otherwise explicitly stated, all information, data, and materials obtained from or through the Porter Platform are solely directed to individuals, companies, or entities legally permitted to receive such information, data, and materials. You agree that all such information, data and materials are subject to the US Export Administration Regulations and other applicable export laws and regulations. You agree that such information, data and materials, or the direct product therefrom, is not and will not be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals. You certify that you are not on the US Department of Commerce's Denied Persons List or affiliated with or on the US Department of Treasury's Specially Designated Nationals List. If you use the Porter Platform from any non-US location, you agree to comply with all local rules regarding your use thereof.
4.2 You further agree to not use Porter Platform to: (a) interfere with or disrupt the Services or servers or networks connected to the Services, or violate any requirements, procedures, policies or regulations of networks connected to the Porter Platform; (b) engage in, our enable others to engage in, illegal activities; (c) access or attempt to access the accounts, materials, information, computer systems, networks or devices owned or created by Bright/Contrast or otherwise , through password mining or any other means; (d) violate, tamper with, or circumvent the encryption codes or technological protection measures of the Services; (e) solicit personal information from anyone under the age of 18.
4.3 You acknowledge and agree that You are solely responsible for compliance with all legal, regulatory and safety-related requirements concerning Your products and projects, and any use of the Porter Solution. By creating products and projects using Porter Solution, You represent and agree that you have all the necessary expertise to: (1) create and implement safeguards which anticipate dangerous consequences of failures; (2) monitor failures and their consequences; (3) lessen the likelihood of failures that might cause harm; and (4) take appropriate remedial actions. Use of the Porter Platform is not authorized or warranted for use in military, air craft, space, life saving, or life sustaining applications. You will fully indemnify Bright/Contrast and its representatives against any damages and/or losses arising out of the use of any portion of the Porter Solution with or in safety- or security-critical applications.
4.4 Porter Products and Services may provide an opportunity to interact with, interface with, and use of Third Party Products.
4.4.1 These Third-Party Products are not Bright/Contrast Products and Services and you agree that Bright/Contrast is not responsible for damages or loss that may be caused by them or any interaction of the Porter Platform with them.
4.4.2 Once You have granted authorization for any such interaction, interfacing or use, it will continue to be able to send and receive messages to designated products (Porter Products or otherwise), share data with Porter Products and Services, access parts of Your account and interact with Porter Products and Services to the extent you have granted authorization until You specifically revoke access by altering Your settings.
4.4.3 You release Bright/Contrast for any claims, liabilities or damages arising from (1) the behavior or actions of Third Party Products or their owners, or (2) resulting from Your use of the APIs or Third-Party Products that access data via the APIs.
4.5 You may use portions of the Porter Platform, including device sharing, to control, access or provision access to Your account and certain products (Porter Products and Services, Third Party Products or otherwise) connected to Your account. Abuse or excessively frequent requests to any Porter Platform may result in the temporary or permanent suspension of Your account's access to the Porter Platform. Bright/Contrast, at its sole discretion, will determine abuse or excessive usage.
4.6 Bright/Contrast reserve the right at any time to change, modify, add to, delete suspend or discontinue, temporarily or permanently, the Porter Platform (or any part thereof) with or without notice. Bright/Contrast makes no commitment to continue the Porter Platform in its existing or any future form. You agree that Bright/Contrast shall not be liable to you or to any third party for any change, modification, suspension or discontinuance of the Porter Platform. Unless explicitly stated otherwise, any new features or services that augment, supplement, complement or enhance the current Porter Platform shall be subject to these Terms.
Section 5: Disclaimer of Warranties
5.1 ANY PRODUCTS AND SERVICES PROVIDED BY BRIGHT/CONTRAST, AND ITS AFFILIATED COMPANIES AND PARTNERS ON BEHALF OF BRIGHT/CONTRAST, THROUGH THEIR WEBSITES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION, GUARANTY, OR WARRANTY OF ANY KIND INCLUDING REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OF ANY RESULTS OR OF QUALITY, SUITABILITY, ADEQUACY, GENUINENESS, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY PORTION THEREOF. Bright/Contrast does NOT warrant that (i) the Porter Platform will meet your specific requirements, (ii) the Porter Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Porter Platform will be accurate or reliable, (iv) the quality of any Services, Products, information, or other material purchased or obtained by you through will meet your expectations, and (v) any errors in the Porter Platform will be corrected.
5.2 The Services, including access to the Websites, are subject to sporadic interruptions and failures for a variety of reasons beyond Bright/Contrast's control, including, but not limited to, Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Bright/Contrast is not responsible for any damages allegedly caused by the failure or delay to access the Services.
5.3 You acknowledge that Bright/Contrast uses third party service providers to enable or provide aspects of the Porter Platform functionality including, but not limited to, data storage, synchronization, and communication through third-party servers, and mobile device notifications through mobile operating system vendors and mobile carriers. Bright/Contrast is not liable for any performance or failure to perform by such third party service providers.
Section 6: Limitation of Liability
Notwithstanding anything in these Terms to the contrary, to the extent permitted by law:
6.1 You expressly understand and agree that Bright/Contrast shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bright/Contrast has been advised of the possibility of such damages) resulting from: (i) the cost of procurement for substitute products or services; (ii) the interruption of use or loss or corruption of data; (iii) actions or choices by any third parties using the Porter Platform; (iv) the interruption of access to or inability to access the Porter Platform; (vi) Access, authorized or unauthorized, to Your data, or Your devices (Third Party Products or otherwise) making use of Services (v) Your use of the Porter Platform (including the APIs or Third-Party Products that access data via the APIs) or Products.
6.2 In no event shall the aggregate liability of Bright/Contrast relating to these Terms, the Porter Platform or the subject matter hereof under any legal theory (whether in tort, contract or otherwise), including any liability for any loss or damages directly or indirectly suffered by You relating to the Porter Platform, exceed the lesser of (a) the aggregate amount of the license fees actually paid by You for use of the Porter Platform, or (b) One Hundred U.S. Dollars ($100).
Section 7: Indemnification
7.1 You agree to indemnify, defend and hold Bright/Contrast, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or relating to Your use of the Porter Platform or your violation of these Terms; this includes your use of Porter Platform in a project, product, device or any other item that you sell, provide or offer to another person or entity. The foregoing indemnification shall not apply to the extent arising solely and directly from the gross negligence or willful misconduct of the indemnitee.
Section 8: Miscellaneous
8.1 These Terms and the relationship between you and Bright/Contrast with respect to the Porter Platform shall be governed by the internal laws of the State of California, and the United States of America, without regard to its conflict of law provisions, and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. You and Bright/Contrast agree to submit to the exclusive personal jurisdiction and venue of the courts located within the City and County of San Francisco, California.
8.3 The failure of Bright/Contrast to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or other right or provision.
8.4 If any provision of these Terms, or any portion thereof, is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
8.5 Neither party shall be responsible for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control.
8.6 Bright/Contrast reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to an affiliated company, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms.
8.7 Bright/Contrast reserves the right to make changes to these Terms at any point without prior notification and approval. If that happens, Bright/Contrast will endeavor to promptly update these Terms. Continued use of the Porter Platform, including the Websites, once these changes are announced will confirm Your approval of and agreement to any and all changes. For ease of your review of any changes, the following is a list of the date of all revisions to these Terms:
|Version 1.0||October, 2015|
|Version 2.0||January 14, 2016|
If you have any questions regarding these Terms you may contact Bright/Contrast at firstname.lastname@example.org.