Terms of Service

Last Updated: April 15, 2020

Welcome to the Preset Inc. (“Preset”) website located at www.preset.io (the
Site”). Please read these Terms of Service (the “Terms”) and our
Privacy Policy (“Privacy Policy”) carefully
because they govern your use of our Site.

Use of our open source analytics and data visualization platform are governed
by a separate written agreement between you and Preset. Please contact us at
info@preset.io for information.

  1. Agreement to Terms. By using our Site, you agree to be bound by these
    Terms. If you don’t agree to be bound by these Terms, do not use the Site.

  2. Privacy Policy. Please refer to our Privacy Policy for information on
    how we collect, use and share your information. You acknowledge and agree
    that your use of the Site is subject to our Privacy Policy.

  3. Changes to these Terms or the Site. We may update the Terms from time
    to time in our sole discretion. If we do, we’ll let you know by posting the
    updated Terms on the Site and may also send other communications. It’s
    important that you review the Terms whenever we update them or you use the
    Site. If you continue to use the Site after we have posted updated Terms it
    means that you accept and agree to the changes. If you don’t agree to be
    bound by the changes, you may not use the Site anymore. Because our Site
    are evolving over time we may change or discontinue all or any part of the
    Site, at any time and without notice, at our sole discretion.

  4. Who May Use the Site? You may use the Site only if you are 18 years or
    older and capable of forming a binding contract with Preset, and not
    otherwise barred from using the Site under applicable law. For certain
    features of the Site you’ll need an account. It’s important that you
    provide us with accurate, complete and current account information and keep
    this information up to date. If you don’t, we might have to suspend or
    terminate your account. To protect your account, keep the account details
    and password confidential, and notify us right away of any unauthorized
    use. You’re responsible for all activities that occur under your account.

  5. Feedback. We appreciate feedback, comments, ideas, proposals and
    suggestions for improvements to the Site (“Feedback”). If you choose to
    submit Feedback, you agree that we are free to use it without any
    restriction or compensation to you.

  6. Your Content.

    • Posting Content. Our Site may allow you to store or share content
      such as text, files, documents, graphics, images or software. Anything
      (other than Feedback) that you post or otherwise make available through
      the Site is referred to as “User Content”. Preset does not claim any
      ownership rights in any User Content and nothing in these Terms will be
      deemed to restrict any rights that you may have to your User Content.

    • Permissions to Your User Content. By making any User Content
      available through the Site you hereby grant to Preset a non-exclusive,
      transferable, worldwide, royalty-free license, with the right to
      sublicense, to use, copy, and modify your User Content in connection
      with operating and providing the Site.

    • Your Responsibility for User Content. You are solely responsible for
      all your User Content. You represent and warrant that you have (and will
      have) all rights that are necessary to grant us the license rights in
      your User Content under these Terms. You represent and warrant that
      neither your User Content, nor your use and provision of your User
      Content to be made available through the Site, nor any use of your User
      Content by Preset on or through the Site will infringe, misappropriate
      or violate a third party’s intellectual property rights, or rights of
      publicity or privacy, or result in the violation of any applicable law
      or regulation.

    • Removal of User Content. You can request deletion of your User
      Content pursuant to applicable law. You should know that in certain
      instances, some of your User Content may not be completely removed and
      copies of your User Content may continue to exist on the Site. To the
      maximum extent permitted by law, we are not responsible or liable for
      the removal or deletion of (or the failure to remove or delete) any of
      your User Content.

    • Preset’s Intellectual Property; Reservation of Rights. We may make
      available through the Site content that is subject to intellectual
      property rights. We retain all rights to that content. Preset and its
      licensors exclusively own all right, title and interest in and to the
      Site, including all associated intellectual property rights. You
      acknowledge that the Site are protected by copyright, trademark, and
      other laws of the United States and foreign countries. You agree not to
      remove, alter or obscure any copyright, trademark, service mark or other
      proprietary rights notices incorporated in or accompanying the Site.

  7. General Prohibitions and Preset’s Enforcement Rights. You agree not to
    do any of the following:

    • Post, upload, publish, submit or transmit any content that:
      (i) infringes, misappropriates or violates a third party’s patent,
      copyright, trademark, trade secret, moral rights or other intellectual
      property rights, or rights of publicity or privacy; (ii) violates, or
      encourages any conduct that would violate, any applicable law or
      regulation or would give rise to civil liability; (iii) is fraudulent,
      false, misleading or deceptive;

    • Use, display, mirror or frame the Site or any individual element within
      the Site, Preset’s name, any Preset trademark, logo or other proprietary
      information, or the layout and design of any page or form contained on a
      page, without Preset’s express written consent;

    • Access, tamper with, or use non-public areas of the Site, Preset’s
      computer systems, or the technical delivery systems of Preset’s
      providers;

    • Attempt to probe, scan or test the vulnerability of any Preset system or
      network or breach any security or authentication measures;

    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise
      circumvent any technological measure implemented by Preset or any of
      Preset’s providers or any other third party (including another user) to
      protect the Site;

    • Attempt to access or search the Site or download content from the Site
      using 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 Preset or other generally
      available third-party web browsers;

    • Use any meta tags or other hidden text or metadata utilizing a Preset
      trademark, logo URL or product name without Preset’s express written
      consent;

    • Use the Site, or any portion thereof, for the benefit of any third
      party or in any manner not permitted by these Terms;

    • Attempt to decipher, decompile, disassemble or reverse engineer any of
      the software used to provide the Site;

    • Interfere with, or attempt to interfere with, the access of any user,
      host or network, including, without limitation, sending a virus,
      overloading, flooding, spamming, or mail-bombing the Site;

    • Collect or store any personally identifiable information from the Site
      from other users of the Site without their express permission;

    • Impersonate or misrepresent your affiliation with any person or entity;

    • Violate any applicable law or regulation; or

    • Encourage or enable any other individual to do any of the foregoing.

    Preset is not obligated to monitor access to or use of the Site or to review or
    edit any content. However, we have the right to do so for the purpose of
    operating the Site, to ensure compliance with these Terms and to comply with
    applicable law or other legal requirements. We reserve the right, but are not
    obligated, to remove or disable access to any content, at any time and without
    notice, including, but not limited to, if we, at our sole discretion, consider
    it objectionable or in violation of these Terms. We have the right to
    investigate violations of these Terms or conduct that affects the Site. We may
    also consult and cooperate with law enforcement authorities to prosecute users
    who violate the law.

  8. Links to Third Party Websites or Resources. The Site may allow you to
    access third-party websites or other resources. We provide access only as a
    convenience and are not responsible for the content, products or services
    on or available from those resources or links displayed on such websites.
    You acknowledge sole responsibility for and assume all risk arising from,
    your use of any third-party resources.

  9. Termination. We may terminate your access to and use of the Site, at
    our sole discretion, at any time and without notice to you.
    [You may cancel your account at any time by sending us an email at info@preset.io].
    Upon any termination, discontinuation or cancellation of the Site or your
    account, the following Sections will survive: 9, 10, 11, 12 and 13.

  10. Warranty Disclaimers. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY
    OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY
    IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
    QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
    COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site
    will meet your requirements or be available on an uninterrupted, secure,
    or error-free basis. We make no warranty regarding the quality, accuracy,
    timeliness, truthfulness, completeness or reliability of any information
    or content on the Site.

  11. Indemnity. You will indemnify and hold harmless Preset and its
    officers, directors, employees and agents, from and against any claims,
    disputes, demands, liabilities, damages, losses, and costs and expenses,
    including, without limitation, reasonable legal and accounting fees
    arising out of or in any way connected with (a) your access to or use of
    the Site, (b) your User Content, or (c) your violation of these Terms.

  12. Limitation of Liability.

    • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE
      JURISDICTION, NEITHER PRESET NOR ANY OTHER PARTY INVOLVED IN CREATING,
      PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL,
      SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST
      PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS
      OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM
      FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF
      OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO
      USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
      NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER
      OR NOT PRESET OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY
      OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO
      HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE
      JURISDICTION, IN NO EVENT WILL PRESET’S TOTAL LIABILITY ARISING OUT OF
      OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO
      USE THE SITE EXCEED ONE HUNDRED DOLLARS (\$100).

    • THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
      FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRESET AND
      YOU.

  13. Governing Law and Forum Choice. These Terms and any action related
    thereto will be governed by the the laws of the State of California,
    without regard to its conflict of laws provisions. The exclusive
    jurisdiction for all disputes between you and Preset will be the state and
    federal courts located in the Northern District of California, and you and
    Preset each waive any objection to jurisdiction and venue in such courts.

  14. General Terms.

    • Entire Agreement. These Terms constitute the entire and exclusive
      understanding and agreement between Preset and you regarding the Site,
      and these Terms supersede and replace all prior oral or written
      understandings or agreements between Preset and you regarding the Site.
      If any provision of these Terms is held invalid or unenforceable by a
      court of competent jurisdiction, 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 Preset’s prior written
      consent. Any attempt by you to assign or transfer these Terms, without
      such consent, will be null. Preset 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.

    • Notices. Any notices or other communications provided by Preset
      under these Terms will be given: (i) via email; or (ii) by posting to
      the Site. For notices made by email, the date of receipt will be deemed
      the date on which such notice is transmitted.

    • Waiver of Rights. Preset’s failure to enforce any right or
      provision of these Terms will not be considered a waiver of such right
      or provision. The waiver of any such right or provision will be
      effective only if in writing and signed by a duly authorized
      representative of Preset. 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.

  15. Contact Information. If you have any questions about these Terms or
    the Site, please contact Preset at info@preset.io.
    Please email reports@lighthouse-services.com
    (must include company name with report) if you would like to report any issues
    or concerns anonymously.