Terms of Use
Terms and Conditions of Use - Please read these terms carefully before using the services offered by Plaid Systems, LLC ("Plaid Systems").By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’). The User Agreement set forth below, together with other guidelines, terms or rules that may be posted by Plaid Systems on this site, constitute a legal agreement governing your access to and use of the information, resources, services, products, mobile applications,and tools we provide (collectively, the “Services”) . We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
General
Subject to the terms and conditions of this User Agreement, Plaid Systems may offer to provide Services solely for your own use, and not for the use or benefit of any third party. Plaid Systems may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. You agree that Plaid Systems will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. Plaid Systems may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your account and will need to register for a separate account with Plaid Systems. Upon termination, your Account and your right to use the Services will automatically terminate. You may use the Services only if you can form a binding contract with Plaid Systems, and if you are in compliance with these Terms and all applicable laws, rules, and regulations. Any use or access to the Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms. You represent and warrant to Plaid Systems that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This User Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.User Account
In order to access our Services, you may be required to create a user account and provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You represent and warrant that all required information you submit to create an Account is truthful and accurate and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account(s). You may not use another user’s account without the express permission of the account holder. You agree to maintain your password securely to prevent others from gaining access without your permission. Plaid Systems cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services. through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Use of Services
The Website, the Services, and their contents are intended solely for personal, non-commercial use and may only be used in accordance with the terms of this Agreement.Plaid Systems may develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Product. You acknowledge that you may be required to install Updates to use the Services and the Product and you agree to promptly install any Updates Plaid Systems provides.
Plaid Systems may allow you to interface the Products and Services to one or more third party products and services (“Third Party Products and Services”), through and using the Services. You agree that Plaid Systems may exchange information and control data regarding you and your products, in order to enable the interface you have authorized. You further agree that your use of any Third Party Products or Services is at your own risk. Plaid Systems is not responsible for damages or loss that may be caused by third-parties that interact with Plaid Systems’ resources.
The Services are intended to be accessed and used for non-time-critical information and control of Plaid Systems products. While we strive for the Services to be highly reliable and available, they are not guaranteed to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Plaid Systems’ control, including network traffic intermittency, third party service uptime, service provider uptime, mobile notifications and carriers, electromagnetic interference of power line communications, among others. You acknowledge these limitations and agree that Plaid Systems is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications. Plaid Systems cannot and does not guarantee you will receive notifications in any given time or at all. You agree you will not rely on the Services for any life safety or critical purposes. Mobile notifications regarding the status and alarms on the Products are provided for informational purposes only – they are not a substitute for a third-party monitored emergency notification system. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Plaid Systems does not offer any specific uptime guarantee for the Services.
Plaid Systems does not guarantee or promise any specific level of water savings or other monetary benefit from the use of the Products or Services or any feature of them. Actual water savings and monetary benefits vary with factors beyond Plaid Systems’ control or knowledge. From time to time, Plaid Systems may use the Services to provide you with information that is unique to you and your water usage and suggests an opportunity to save money on water bills if you adopt suggestions or features of the Product or Services. You agree these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from Plaid Systems if your savings differ. Plaid Systems’ Services that actuate, automate, control, or interact with the physical world are used at your own risk. Plaid Systems is not responsible for any damages or harm that may result from using Plaid Systems’ Services.
Restrictions
You must abide by the following restrictions. You agree not to: (i) license, sell, rent, lease, transfer, assign, distribute, publish, host, or otherwise commercially exploit the Services, content, software, materials, in whole or in part; (ii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) access the Services in order to build a similar or competitive service; (iv) copy, reproduce, distribute, republish, download, display, post or transmitted in any form or by any means any part of the Services, except as explicitly authorized; (v)store any significant portion of any Content in any form; (vi) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vii) interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (viii) access (or attempt to access) any of the Services by means other than through the interface provided by Plaid Systems; (ix) remove, obscure or alter any proprietary rights notices which may be contained in or displayed in connection with the Services; and (x) You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of anyone, and that the Plaid Systems is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.Certain items of independent, third party code may be included in the Web App and/or Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
Limitations of Services due to Third Parties
Some Services rely on or interoperate with third party products and services - such as, for example, communication through SmartThings. These third party products and services are beyond Plaid Systems’ control, but their operation may impact or be impacted by the use and reliability of Plaid Systems’ Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Plaid Systems' Services operate, (iii) third party products and services are subject to change at any time and may impact the way that the Plaid Systems' Services operate, (iv) Plaid Systems is not responsible for damages and losses due to the operation of these third party products and services.Intellectual Property
All content and materials available in the Servies and Websites, including but not limited to text, articles, graphics, website name, code, images, photographes, illustrations, design, and logos are the intellectual property of Plaid Systems, and are protected by applicable copyright and trademark law. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Service. Any inappropriate use, including but not limited to the reproduction, modification, translation, publication, broadcast, distribution, display or transmission, licensing, selling, or any other exploitation of any content on this site is strictly prohibited, unless specifically authorized by Plaid systems.You agree that all intellectual property rights, including copyrights, patents, trademarks and trade secrets in the Product, Product Software, and Services (i.e., the Site, Web App, and Mobile Apps) are owned by Plaid Systems its affiliates and/or licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Plaid Systems and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. You may download or copy content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such content. You shall not store any significant portion of any content in any form. Copying or storing of any content other than personal, noncommercial use, including your own website, is expressly prohibited without prior written permission from Plaid Systems or from the copyright holder identified in such content’s copyright notice.
You may choose to, or Plaid Systems may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Plaid Systems under any fiduciary or other obligation. Plaid Systems may use, copy, modify, publish, redistribute, create derivative works of, excerpt, and translate the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Plaid Systems does not waive any rights to use similar or related ideas previously known to Plaid Systems, developed by its employees, or obtained from other sources.
Indemnity
You agree to indemnify and hold harmless Plaid Systems and its affiliates and suppliers, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.Warranty Disclaimer
By using our website, you understand and agree that all Services we provide are “as is” and “as available”. This means that we do not represent or warrant to you that (i) the use of our Services will meet your needs or requirements; (ii) will be compatible with your home network; (iii) the use of our Services will be uninterrupted, timely, secure or free from errors; (iv) the information obtained by using our Services will be accurate or reliable; and (v) any defects in the operation or functionality of any Services we provide will be repaired or corrected. No advice or information, whether oral or written, obtained by you from Plaid Systems or though the services shall create any warranty, guarantee, or conditions of any kind. Any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.Plaid Systems has no special relationship with or fiduciary duty to you. You acknowledge that Plaid Systems has no control over, and no duty to take any action regarding: which users gain access to the Services; what content you access via the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Plaid Systems from all liability for you having acquired or not acquired content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Plaid Systems makes no representations concerning any content contained in or accessed through the Services, and Plaid Systems will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Plaid Systems makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Plaid Systems or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service.
Limitation of Liability
To the maximum extent permitted by applicable law, in addition to the above warranty disclaimers, in no event will (a) Plaid Systems, its suppliers, or their respective officers, directors, employees, or agents be liable for any consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the Services or Products, or for any matter beyond Plaid Systems' reasonable control, even if Plaid Systems knew or should have known of the possibility of such damages, and (b) Plaid Systems’s total cumulative liability arising from or related to the Services and Products, whether in contract or tort or otherwise, exceed the fees actually paid by customer to Plaid Systems or Plaid Systems’s authorized reseller for the services or the product at issue in the prior 12 months (if any). This limitation is cumulative, and will not be increased by the existence of more than one incident or claim. Plaid Systems disclaims all liability of any kind of Plaid Systems’s licensors and suppliers.Termination
This User Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.Governing Law
This website is controlled by Plaid Systems. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.Other Terms
Fees: Although some of our Services are currently free to users, Plaid Systems reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the website in connection with those Services selected by you. Plaid Systems reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at support@plaidsystems.com
This agreement is in effect as of September 17, 2015.