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EDGEIMPULSE, INC. TERMS OF SERVICE
Last Updated: January 28, 2020
Welcome to the Edge Impulse website.
These Terms of Service govern your access to, and use of, our Site, and our provision of a variety of services.
1. Agreement to Terms
By accessing or using the Site, and/or using a Service, (i) you agree to these Terms and (ii) you represent that you are at least 18 years old.
2. Changes to Terms or Services
We may modify the Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site, or through other communications. If you continue to use the Site and the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms, and to license our Services as further detailed below.
3. Your Right to Use the Site; Your Restrictions
A. Things you can do. Subject to your compliance with these Terms, Edge Impulse grants you a personal, limited, non-exclusive, non-transferable, non-sublicenseable license to electronically access and use the Site solely as provided for in these Terms.
B. Things you can’t do. You will not (and you will not allow any other person to) do any of the following:
i. circumvent or manipulate any Edge Impulse fee structure or billing process;
ii. publish on or upload to the Site anything unlawful, misleading, malicious, or discriminatory;
iii. access or attempt to access any other Edge Impulse systems, programs, data or accounts that are not made available for public or your use;
iv. copy, reproduce, republish, upload, post, transmit, resell or distribute in any way any material from the Site;
v. work around any technical limitations in the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble, or otherwise reverse engineer the Site except as otherwise permitted by applicable law;
vi. perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or the use of the Site by Edge Impulse’ other licensees or customers, or impose an unreasonable or disproportionately large load on Edge Impulse’ infrastructure;
vii. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Edge Impulse or the Site or use any Edge Impulse trademark or service marks, unless authorized to do so in writing by Edge Impulse;
viii. attempt to probe, scan, or test the vulnerability of any Edge Impulse system or network or breach any security or authentication measures;
ix. attempt to access or search the Site or download content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Edge Impulse or other generally available third-party web browsers;
x. send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
xi. impersonate or misrepresent your affiliation with any person or entity; or
xii. otherwise use the Site except as expressly allowed under the Terms.
The license granted in these Terms does not include any right of resale of any Service; or any collection and use of any service listings, descriptions, or prices; any derivative use of any Service or its contents. No Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Edge Impulse. The licenses granted by Edge Impulse terminate if you do not comply with these Terms.
4. Intellectual Property Rights
A. Edge Impulse’ (and its licensors’) Ownership of IP. The content, organization, graphics, design, compilation, know-how, concepts, methodologies, procedures, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights. Some of the content on the Site may be the copyrighted work of third parties. Edge Impulse, the Edge Impulse logo, and other Edge Impulse trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Edge Impulse. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You will have no rights in any trademarks, the Edge Impulse Materials or the Site except as expressly set forth in these Terms.
B. Your Ownership of IP. You own all right, title and interest in and to your Customer Data. You grant us a license to your Customer Data as provided for in Section 5D.
C. Intellectual Property Infringement. We do not encourage, and we seek to prevent, any infringement of any intellectual property rights in connection with Services. If you believe that any aspect of the Services infringes any third-party intellectual property rights, please contact us at [email protected] Impulse.com, and we will use commercially reasonable efforts to work with you to investigate such alleged infringement.
5. Use of the Services; Providing Us Information; Licensing our Product
A. Creating an Account; Information You Must Provide. If you register any account with Edge Impulse, You agree to provide accurate, complete registration information, and to keep that information current. You agree that Edge Impulse may store and use your registration information to maintain your account.
B. Information You Must NOT Provide; DISCLAIMERS.
i. Confidential Information of Third Parties. Despite anything to the contrary in these Terms, under no circumstances will you upload to the Site or otherwise provide to Edge Impulse any data or information (including but not limited to third-party product or pricing information) which you are restricted from disclosing pursuant to any confidentiality (or similar) agreement with any third party. EDGE IMPULSE EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY SUCH THIRD-PARTY CONFIDENTIAL INFORMATION.
ii. Personal Health Information. Despite anything to the contrary in these Terms, under no circumstances will you upload to the Site or otherwise provide to Edge Impulse any data or information which may qualify as protected health information (or any similar information) regulated under the Health Insurance Portability and Accountability Act of 1996 and related regulations (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) (all such data or information, collectively, “PHI”). EDGE IMPULSE EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY PHI.
C. International Access. If you access and use this Site from outside the United States, you are responsible for complying with your local laws and regulations.
D. Your License Grant to Us. You grant to Us a non-exclusive worldwide, transferable and sublicensable license to use, copy, modify, distribute, publish and process, your Customer Data, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways: (i) You can end this license for specific content by deleting such content from the Site, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems; (ii) while we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression; and (iii) because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others. You and We agree that if content includes personal data, it is subject to our Privacy Policy. You agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of our Privacy Policy. In addition, despite anything to the contrary, we shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Product and Services and for other development, diagnostic and corrective purposes in connection with the Services, and (ii) disclose such data solely in anonymous or other de-identified form in connection with our business.
E. Licensing Our Products. You can license our products and services by contacting us and entering into a Software and Services License Agreement. In addition, we may offer limited, no-cost product subscriptions to developers as set forth in this paragraph. Any such limited, no-cost subscription is entered into pursuant to the terms of the license agreement (or such successor URL as may be designated by Us). By reviewing the terms of such license agreement, and clicking “I accept”, you agree to be bound by such terms with respect the limited, no-cost subscription.
6. How We’ll Use Your Information; Our Privacy Policy
Protecting your privacy is really important to us. With this in mind, we will protect your personal information in accordance with our Privacy Policy and in accordance with applicable law.
7. Data Security; Disclaimer
A. The Security of Your Information is Important to Edge Impulse. Edge Impulse takes reasonable administrative, physical and electronic measures designed to protect from unauthorized access, use or disclosure of the information that we collect from you. Edge Impulse servers are located in professional and secure hosting facilities designed to host servers with protection from unwanted attacks over the Internet and physical attacks to the building or server itself. In particular, edgeimpulse.com’s servers are in a private network with a firewall. Our software infrastructure is regularly updated with the latest security patches.
B. Edge Impulse Will Notify You and Try to Fix any Breaches of Security. If there is a suspected, threatened or actual security incident or breach of security involving Your Information (a “Security Breach”), Edge Impulse will at its own expense: (i) investigate and take all steps to identify, prevent and mitigate the effects of such Security Breach; (ii) promptly notify you of the incident; and (iii) as soon as reasonably possible (A) conduct any recovery reasonably possible to remediate the impact of such Security Breach and (B) comply with applicable law and industry practices relating to such Security Breach. Despite the foregoing, you acknowledge and agree that this clause constitutes notice by Edge Impulse to you of the ongoing existence and occurrence or attempts of Unsuccessful Security Incidents for which no additional notice to Client shall be required. “Unsuccessful Security Incidents” means, without limitation, pings and other broadcast attacks on Edge Impulse’s firewall, port scans, unsuccessful log-on attempts, denial of service attacks, and any combination of the above, so long as no such incident results in unauthorized access, use or disclosure of Your Information.
C. You Have Security Responsibilities. You agree to: (i) keep your password and online ID secure and strictly confidential; (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person; (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person; and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. You agree to indemnify and hold harmless Edge Impulse from and against any and all liability arising in any way from the access to the Site by persons to whom you have provided your online ID and/or online password. In addition, you are responsible for your information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by you or through the use of third-party services. You agree to abide by all applicable local, state, national, and international laws and regulations in connection with using the Site, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Service and all privacy and data protection laws, rules and regulations.
D. Forums and Online Communities. Edge Impulse may provide or invite You to participate in an online community, surveys or forum (“Forums”) for the purpose of increasing the usability and functionality of the Site. Edge Impulse will moderate the Forum but is not responsible for the information or posts of any member of the Forum. We reserve the right to remove any posts which do not fit the spirit of the Forum or do not follow the guidelines of these Terms, and to disallow access to any Forum participants who violate the intent and spirit of these Terms. No reproduction of the Forum content is permitted without written authorization from Edge Impulse.
E. Some Third Parties May have Incidental Access to Your Information. Edge Impulse works with other companies to provide information technology services to users of the Site. These companies may have access to Edge Impulse’ databases, but only for the purposes of providing service to Edge Impulse. For example, a third party (such as Amazon Web Services) may obtain access to information you provide to us in an effort to update database software. These companies will operate under consumer confidentiality agreements with Edge Impulse.
F. The Internet is Not Guaranteed to be Safe. Please be aware that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. EDGE IMPULSE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS, USE, CORRUPTION OR LOSS OF ANY OF YOUR INFORMATION, EXCEPT TO THE EXTENT THAT SUCH UNAUTHORIZED ACCESS, USE, CORRUPTION, OR LOSS IS DUE SOLELY TO EDGE IMPULSE’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
8. Disputes
A. Disputes between Customers and Third-Party Advertisers; Indemnification. In the event that a dispute arises between a Customer and a Third-Party Advertiser, each party will first attempt to resolve such dispute between the parties. Edge Impulse shall not be a party to, and shall have no interest in the outcome of, such dispute. All rules, policies (including privacy policies) and operating procedures of Third-Party Advertisers will apply to you in connection with the use of their sites. We are not responsible for information provided by you to Third-Party Advertisers. We and the Third-Party Advertisers are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Despite the foregoing, in the event of such an unresolved dispute, we may at our sole option use commercially reasonable efforts to help resolve the dispute. Please email us at [email protected] You acknowledge, agree, and understand that Edge Impulse does not, in any way, supervise, direct, control, or evaluate Third-Party Advertisers or Third-Party Products and is not responsible for any Third-Party Advertisers or Third-Party Products. Edge Impulse makes no representations about and does not guarantee, and Customer agrees not to hold Edge Impulse responsible for, the quality, safety, or legality of Third-Party Products, or the ability or willingness of a Third-Party Advertiser to actually complete a transaction. You hereby agree to indemnify Edge Impulse from and against any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that are related to a dispute between you and any Third-Party Advertiser.
9. No Warranties; Disclaimer
WARRANTY DISCLAIMER. EDGE IMPULSE MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES OR THIRD-PARTY PRODUCTS OR SERVICES, AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES OR GUARANTEES WITH RESPECT TO THE SITE, SERVICES, OR ANY THIRD-PARTY PRODUCT OR SERVICE WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE ANY SERVICES OR THIRD-PARTY PRODUCT WILL BE ERROR FREE OR THAT ANY SERVICE WILL SUCCEED IN RESOLVING ANY PROBLEM.
10. Feedback
We welcome feedback, comments and suggestions for improvements to the Site and the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or through the functionality available on the Site. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to copy, modify, create derivative works based upon and otherwise use the Feedback for any purpose.
11. Links to Third Party Websites or Resources
The Site may contain links to third-party websites or resources. We provide these links, if any, only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. Your browsing and interaction on any third-party websites, app, or service, including those that have a link or advertisement on our Sites are subject to that third party’s own rules and policies. We are not responsible for the practices employed by websites, mobile apps, or services linked to or from the Service, including the information or content contained therein; you acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. In addition, you agree that we are not responsible for and we do not have any control over any third parties that you authorize to access your Personal Information. However, we seek to protect the integrity of our Site and welcome any feedback about these websites.
12. Termination
A. Term. These Terms commence on the date on which you accept them and, unless terminated earlier, will continue until terminated. If you are entering into the Terms on behalf of a company, business or other legal entity, you represent that you have the authority to contractually bind such entity to these Terms. IF YOU DO NOT HAVE SUCH AUTHORITY TO CONTRACTUALLY BIND SUCH ENTITY TO THESE TERMS, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS OR USE THE SERVICES.
B. Termination. Edge Impulse is eager to have a long-term relationship with you. Edge Impulse may, however, may cancel your account, and/or terminate your rights to any or all of the Site if you provide false, inaccurate or incomplete information to us, if you are in breach of any of your obligations under these Terms, or if your account is associated with a competitor of Edge Impulse. You may cancel your account at any time by sending an email to us at [email protected]
C. Effect of Termination. Upon termination of these Terms (i) your right to access and use the Site and Services will immediately terminate; and (ii) any fees you may owe will become immediately due and payable.
D. Survival. Sections 3(B), 4, 5(B), 5(D), 7(F), 7(G), and 8-11, 12(C), 12(D), and 13-17, plus all related definitions and all accrued rights to payment (if any) will survive any termination or expiration of these Terms.
13. Important Disclaimers
EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE SITE AND THE SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. IN ADDITION TO THE DISCLAIMERS IN SECTION 9 ABOVE, EDGE IMPULSE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICE ITS SERVERS, ANY APPLICATIONS, OR ANY THIRD-PARTY PRODUCT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT THE NATURE OF INTERNET-BASED SERVICE DELIVERY IS SUCH THAT CONFIDENTIALITY AND PERFORMANCE CANNOT BE COMPLETELY ASSURED. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS, USE, CORRUPTION OR LOSS OF ANY OF CUSTOMER DATA, EXCEPT TO THE EXTENT THAT SUCH UNAUTHORIZED ACCESS, USE, CORRUPTION, OR LOSS IS DUE SOLELY TO OUR GROSS NEGLECT OR MISCONDUCT. Despite any other provision of the Agreement, in the case of loss or PHI or other personally identifiable information due to our actions or inactions, your sole remedy shall be for is to restore such PHI and/or other personally identifiable information from the latest available backup.
Edge Impulse is not responsible or liable for any user content posted on the Site or in connection with the Service. We do not control and are not responsible for what you or other users of the Site post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site content.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Edge Impulse assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, data loss, theft or destruction or unauthorized access to, or alteration of, any communications. Edge Impulse is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or the Service.
14. Indemnity
You agree to defend, indemnify and hold harmless Edge Impulse, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including payment terms; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; and (iv) any claim that any of your Customer Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Edge Impulse Site. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Edge Impulse and its affiliates, officers, directors, employees and agents.
15. Limitation of Liability
Edge Impulse shall have no liability for any loss, damage, or injury resulting from your or any third parties’ negligence, lack of training, use or misuse, or misapplication of any Service. You agree to indemnify, defend, and hold harmless Edge Impulse and its employees from any claims, damages and actions of any kind or nature arising from or caused by the use or misuse of any Service.
IN NO EVENT WILL EDGE IMPULSE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR THE SITE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF EDGE IMPULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EDGE IMPULSE’S TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO EDGE IMPULSE BY YOU UNDER THESE TERMS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM MADE UNDER THIS AGREEMENT.
Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Edge Impulse and you regarding the Services, and supersede and replace any and all prior oral or written understandings or agreements between Edge Impulse and you regarding the Site and the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Edge Impulse’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Edge Impulse may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
All notices must be in writing and in the English language and will be deemed given only when sent by mail (return receipt requested), hand-delivered, sent by documented overnight delivery service, or sent by email if receipt is electronically confirmed, to the party to whom the notice is directed (if to Edge Impulse at 3031 Tisch Way, 110 Plaza West, San Jose, CA 95128 USA; if to You at the address (including email address) you have most recently provided to us), or such other address as to which the other party has been notified.
Edge Impulse’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Edge Impulse. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material.
These Terms and all matters arising out of, or relating to, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The sole venue for all disputes relating to these Terms shall be in Santa Clara County, California.
17. Contact Information
If you have any questions about these Terms or the Services, please contact Edge Impulse at [email protected]