Pinoccio helps you build wireless, web-enabled projects in minutes. These Service Terms and Conditions are the entire agreement between you and Pinoccio, Inc., a Delaware corporation ("Pinoccio"), concerning your use of the Service. By using the Service, you agree to and accept this Agreement, including the specific limitation set forth in Section 15, Section 16, and Section 19. You may use the Service only in accordance with this Agreement. If you do not agree with all of the terms of this Agreement, you may not use the Service.
These are our Terms & Conditions. We're going to try and translate the legalese for you.
By using this site, you are agreeing to these terms.
As used in this Agreement, the following terms shall have the following meaning:
Ok, here, we're defining the terms that we're going to use in this document.
2.1 Pinoccio shall provide the Service to you for the Term as provided in this Agreement. During the Term or otherwise, you shall not: (i) modify, disassemble, decompile or reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (ii) share, rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service; (iii) use the Service to provide time sharing or similar services for any third party; (iv) make any copies of the Service except as necessary for archival and backup purposes; (v) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; (vi) delete the copyright and other proprietary rights notices on the Service; (vii) integrate the Service with any other software except as provided in the Documentation; or (viii) engage in any fraudulent or illegal activity, violate any laws or third party rights, or violate the policies and procedures contained in the Documentation.
2.2 You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
2.3 During the Term, Pinoccio grants you, and you accept, a limited, personal, non-exclusive, non-transferable, non-assignable, terminable license to internally use the Service, including any Pinoccio's proprietary software and firmware in connection with the Service, subject to this Agreement and as specifically provided in the Documentation. The foregoing license grant under this Agreement is not a sale of the Service or Pinoccio software or firmware or any copy thereof and Pinoccio or its third party licensors retain all right, title, and interest in the Service and software and firmware (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement is void. Pinoccio reserves all rights not expressly granted under this Agreement.
Pinoccio will provide you with a Service, as long as you don't break these Terms. Pinoccio will give you a right to use internal license.
To use the Service, you are required to create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Service. You are responsible for all activity occurring under your account and you shall abide by all applicable local, state, national, and foreign, laws, treaties and regulations in connection with your use of the Service. Pinoccio may suspend or terminate your account and your ability to use this site or portion thereof for failure to comply with this Agreement.
Please try to keep your account information accurate, and up-to-date. If you think that someone is using your account without your permission, please notify us at email@example.com, and we'll help you out.
4.1 You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Content submitted to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, Pinoccio or any other third party. You may be held legally responsible for damages suffered by other users, Pinoccio or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which you post to this site. Pinoccio is not legally responsible for any Content, even if such Content is defamatory or otherwise legally actionable.
4.2 You are and will remain solely responsible for the Content you post and distribute on or through the Service in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your Content. By submitting Content to any Public Forum on the Service, you automatically grant, or warrant that the owner of such material has expressly granted, Pinoccio the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other users to access, view, store or reproduce the material for that user's personal use. You hereby grant Pinoccio the right to edit, copy, publish and distribute any Content you make available on any Public Forum. These rights which you are granting to Pinoccio and other users survive any expiration or termination of this Agreement.
4.3 You acknowledge that your use or reliance upon any Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using this site or Public Forum.
Things you say in the public areas of the site will be visible…to the public.
You agree that you will not submit any Content or take part in any conduct on the Service that:
a. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
b. is bigoted, hateful, or racially or otherwise offensive;
c. is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person, animal, or entity;
d. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including Content or activity that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
e. infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
f. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
g. contains a virus or other harmful component, or otherwise tampers with, impairs or damages this site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of this site;
h. with respect to Public Forums, (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or
i. is false or misleading.
We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any Content from the Service that violates this Agreement and specifically these rules of conduct.
No trolls, spambots, jerks, bullies, or creeps. We reserve the right to kick you out if you don't follow the rules. Be cool, man.
Pinoccio does not own any of your Data. You, not Pinoccio, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of your Data, and Pinoccio shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your Data. In the event this Agreement is terminated (other than by reason of your breach), Pinoccio will make available to you a file of your Data within thirty (30) days of termination if you so request at the time of termination. Pinoccio reserves the right to withhold, remove, and/or discard your Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Service, including, without limitation, your access to your Data, immediately ceases, and Pinoccio shall have no obligation to maintain or forward any of your Data to you. Notwithstanding the foregoing, nothing in this Agreement shall prevent Pinoccio from using your anonymized Data, alone or aggregated with other anonymized user data, for any purpose.
You own your data, not us. If you wanna break up with us, you can take your data with you. Of course, we'll need to keep this chair. That's all we need is that chair.
Except as otherwise provided in the Documentation, Pinoccio (and its licensors, where applicable) shall exclusively own all right, title, and interest, including all related Intellectual Property Rights, in and to the Pinoccio Technology and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Pinoccio Technology or the Intellectual Property Rights owned by Pinoccio. Pinoccio's name, Pinoccio's logo, and the product names associated with the Service are trademarks of Pinoccio or third parties, and no right or license is granted to use them. Notwithstanding the foregoing, certain Pinoccio hardware and firmware, as provided in the Documentation, may be subject to one or more open source licenses. Please refer to the Documentation for the Pinoccio hardware and firmware subject to open source licensing and the specific licenses applicable thereto.
Pinoccio owns everything it has created and will create.
During use of the Service, you may use or integrate the Service with certain third-party services and platforms. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. Pinoccio and its licensors shall have no liability, obligation, or responsibility for any such activity between you and any such third party. Pinoccio does not endorse any sites on the Internet that may be integrated with or linked through the Service. Pinoccio provides these integrations and links to you only as a matter of convenience, and in no event shall Pinoccio or its licensors be responsible for any content, products, or other materials on or available from such services or platforms. Pinoccio provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of ancillary software, hardware, or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
If you want to use third party solutions in conjunction with Pinoccio, awesome, but we have no idea what the third party wants you to agree to they have their own rules.
Pinoccio currently offers both free accounts, which are available to users without charge, and paid accounts, which are provided on a paid basis. If you subscribe for a paid account, you shall pay all charges to your account in accordance with the charges and billing terms in effect at the time the charge is due and payable. The charges for paid accounts may be based on your subscription level, data usage, payment plan, and/or other criteria as provided in the Documentation. Payments of charges must be made in advance. All payment obligations are non-cancelable and all amounts paid are nonrefundable. Pinoccio reserves the right to modify its offered accounts and charges and to introduce new accounts and charges at any time, upon at least thirty (30) days prior notice to you, which notice may be provided by email; provided, however, such modified fees and charges shall only be applicable to any renewal term.
Pinoccio has free accounts and paid accounts. If we change the fees for paid accounts, we'll let you know.
10.1 Pinoccio charges and collects in advance for use of the Service under paid accounts. Pinoccio will automatically charge your credit card in accordance with your selected billing cycle (typically, monthly or yearly). The renewal charge will be equal to your then-current charges under your paid account during the prior term, unless Pinoccio has given you at least thirty (30) days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Charges are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only U.S. (federal or state) taxes based solely on Pinoccio's income.
10.2 You agree to provide Pinoccio, and/or its third-party payment processing vendor, with complete and accurate credit card and other payment information. This information may include your full and legal name, street address, email address, and telephone number. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, Pinoccio reserves the right to terminate your access to the Service in addition to any other legal remedies.
10.3 If you believe credit card charge is incorrect, you must contact Pinoccio via email to firstname.lastname@example.org within thirty (30) days of such charge to be eligible to receive an adjustment or credit.
If you have a paid account, we'll need some payment information from you. Please make sure that this info is correct, and that we've charged you for the correct amount.
11.1 In addition to any other rights granted to Pinoccio herein, Pinoccio reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent. Delinquent invoices and accounts are subject to interest of one percent (1%) per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged during any period of suspension. If you or Pinoccio initiates termination of this Agreement, you will be obligated to pay the balance due on your account. You agree that Pinoccio may bill you for such unpaid fees.
11.2 Pinoccio reserves the right to impose a reactivation fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Pinoccio has no obligation to retain your Data and that such Data may be irretrievably deleted if your account is thirty (30) days or more past due.
It would be a bummer if you didn't pay your bill. We'd have to suspend your account, charge you interest, and possibly charge you a reactivation fee. We would rather see you build cool stuff with Pinoccio. Again, be cool.
This Agreement commences on the Effective Date. The initial Term, typically monthly or yearly, will be selected by you during account registration. Upon the expiration of the initial Term, this Agreement will automatically renew for successive, equal Terms. Either party may terminate this Agreement effective only upon the expiration of the then current Term, by notifying the other party in writing at least thirty (30) days prior to the expiration of the Term. In the event this Agreement is terminated (other than by reason of your breach), Pinoccio will make available to you a file of your Data within thirty (30) days of termination if you so request at the time of termination. You agree and acknowledge that Pinoccio has no obligation to retain your Data, and may delete such Data, more than thirty (30) days after termination.
If you have a paid account, it will auto-renew. If you cancel your account, you'll have a chance to download your data before your account is deleted.
Any breach of your payment obligations or unauthorized use of the Pinoccio Technology or Service will be deemed a material breach of this Agreement. Pinoccio, in its sole discretion, may terminate your account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that Pinoccio has no obligation to retain your Data, and may delete such Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within thirty (30) days of notice of such breach.
We're sure this won't happen, but we can terminate your account if you fail to comply with this agreement.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Pinoccio represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the Documentation under normal use and circumstances and as otherwise provided in this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is valid and correct.
Pinoccio is who it says it is. You are who you say you are.
You shall indemnify and hold Pinoccio, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, shareholders, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Content or your use of the Service infringes the rights of, or has caused harm to, a person, animal, or entity; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you of this Agreement.
If you do something that someone else feels is infringing on their rights, you will protect Pinoccio from whatever that person does, if they involve Pinoccio.
Except as specifically provided in section 17, the service is distributed and provided "as is" without any warranties, whether written, oral, statutory, express or implied. To the maximum extent permitted by applicable law, pinoccio specifically disclaims any warranties of non-infringement, merchantability and fitness for a particular purpose. This waiver of warranty affects your specific legal rights; you may have rights which may vary depending upon where you are located. Some jurisdictions do not allow limitations on implied warranties, so the limitations above may not apply.
The service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Pinoccio is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Although no system can be up and running 100%, we'll do whatever we can to make sure Pinoccio is.
Pinoccio represents and warrants that the Service will perform substantially in accordance with the Documentation, and as otherwise provided in this Agreement; that it has the legal right to grant the licenses granted herein; and that the Service does not contain any known viruses. Pinoccio agrees to defend you from and against any third party claim or action based on any alleged infringement of any United States patent, copyright, trade secret, or other proprietary right as a result of the use of the Service according to the terms and conditions of this Agreement, and Pinoccio agrees to indemnify you from any damages awarded against you in any such infringement claim or action or settlement thereof; provided, however, that (i) Pinoccio is promptly notified in writing of such claim, (ii) Pinoccio is granted sole control of the defense and any related settlement negotiations, and (iii) you cooperate with Pinoccio in defense of such claim. Notwithstanding the foregoing, Pinoccio shall have no obligation to indemnify you under this Agreement in the event the third-party infringement claim arises from your own infringing activity.
We're going to provide you with a service. We're legally allowed to provide this service. Pinoccio will defend you accordingly.
Any hardware purchased by you for use with the Service, including any hardware manufactured and sold by Pinoccio, is subject to the manufacturer's warranty, if any, for such product.
If you buy hardware from Pinoccio, there might be a warranty policy with it.
To the maximum extent permitted by applicable law, pinoccio (and its licensors or vendors) shall not be liable for any indirect, special, incidental, punitive or consequential damages in connection with or arising out of this agreement or the use of the platform, however such damages arise and/or whether such damages are claimed in tort, contract or other action, even if pinoccio has been informed of the possibility of such damages. Except for pinoccio's indemnification obligations under section 17, in no event shall pinoccio's liability for any claim whatsoever hereunder (or associated herewith) exceed the amount paid by you for the service in the twelve (12) month period immediately preceding the claim or, if no such amounts were paid, $500. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you.
Pinoccio's liability for any claim made against it is limited.
20.1 It is the policy of Pinoccio to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Pinoccio's response to these notices may include removing or disabling access to Content claimed to be the subject of infringing activity and/or terminating user accounts. If Pinoccio removes or disables access to any Content in response to such a notice, Pinoccio will make a good-faith attempt to contact the user that uploaded the Content, so that they may make a counter notification. Pinoccio will, in appropriate circumstances, terminate the accounts of repeat infringers.
20.2 If a copyright owner or an agent thereof believes that any Content or link on the Service infringes upon such owner's copyrights, the copyright owner may submit a notice pursuant to the DMCA, a copy of which can be found here: http://www.copyright.gov/legislation/pl105-304.pdf ("DMCA"). Pinoccio's designated DMCA copyright agent to receive notices of infringing material may be contacted at the following email address: email@example.com. Only DMCA notices should go to our DMCA copyright agent. DMCA notice may not be valid if they fail to comply with all of the requirements of the DMCA.
20.3 In some instances a user who has uploaded or posted Content which has been removed pursuant to a DMCA notice may supply a counter-notification. The owner of such affected Content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When Pinoccio receives a counter-notification, Pinoccio may reinstate the Content in question. To file a counter-notification, the user must provide a written communication (by email to our copyright agent) that sets forth all of the items required by the DMCA.
If you think that Pinoccio is infringing on your copyright, please let us know so we can fix it ASAP.
21.1 Notices. All notices to either party shall be in writing and shall be considered given on the date of (i) confirmed delivery if sent by overnight courier or express mail service, (ii) confirmed delivery if sent by postage pre-paid certified or registered mail (or the equivalent), return receipt requested or (iii) personal delivery.
21.2 Assignment. You shall assign or otherwise transfer any of your rights or obligations under this Agreement. Pinoccio may assign or otherwise transfer this Agreement without notice or consent.
21.3 Governing Law; Jurisdiction; Arbitration. Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed, construed and enforced in all respects by the laws of the State of Michigan, excluding its choice of law/conflict of law provisions, and shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. Unless Pinoccio elects (in its sole option) to proceed in your local jurisdiction, the jurisdiction and venue of any arbitration, litigation or other dispute resolution method between the parties (which arises out of or relates to this Agreement) shall be exclusively in Washtenaw County, Michigan; you expressly submit and consent to such exclusive jurisdiction and venue. Other than Pinoccio's right to seek injunctive relief, any claim or dispute arising out of or relating to this Agreement shall be decided by confidential binding arbitration before a single arbitrator. The parties shall equally split the arbitrator's fees.
21.4 Export Controls. You agree to comply with all applicable laws, domestic or foreign. You further understand that the Service may be subject to restrictions and controls imposed by the U.S. Export Administration Act, as amended, and agree, if informed by Pinoccio, to comply with applicable export and import control laws and regulations issued from time to time by the U.S. Department of Commerce and other governmental agencies, foreign or domestic.
21.5 Entire Agreement; Amendments; Waiver. This Agreement constitutes the entire understanding and agreement between you and Pinoccio with respect to its subject matter. We may revise this Agreement from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Agreement. The failure of either party to object to or act with respect to any conduct of the other party that is in violation of the terms of this Agreement shall not be construed as a waiver thereof. If any provision of this Agreement is for any reason and/or to any extent determined to be unenforceable under applicable law, the remaining provisions of this Agreement shall remain in full force and effect.
21.6 Providing Notice. Should you wish to or is required to notify Pinoccio under this Agreement, use the contact information provided at http://pinocc.io. If Pinoccio is require to notify you, Pinoccio may use the contract information associated with your account.
Did you really read the whole thing? Good job, that's impressive.