Terms of Service
Welcome to the Preset Inc. (“Preset”) website located at www.preset.io (the
“Site”). Please read these Terms of Service (the “Terms”) and our
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
email@example.com for information.
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.
how we collect, use and share your information. You acknowledge and agree
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.
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.
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.
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
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.
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
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
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.
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.
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 firstname.lastname@example.org].
Upon any termination, discontinuation or cancellation of the Site or your
account, the following Sections will survive: 9, 10, 11, 12 and 13.
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.
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.
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
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.
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
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
Contact Information. If you have any questions about these Terms or
the Site, please contact Preset at email@example.com.
Please email firstname.lastname@example.org
(must include company name with report) if you would like to report any issues
or concerns anonymously.