Accepting the Terms
You agree that we may automatically upgrade our Service, and these terms will apply to any upgrades. If you reside in the United States, your agreement is with Simbe Robotics, Inc. (“Simbe” or “we”).
Please read this Agreement carefully before accessing or using our Service. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Simbe, acceptance is expressly limited to these terms.
Use of our Service may requires a Simbe account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.
Privacy and your personal information
Your Registration Information
You agree that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address or other contact information you provide form your “Registration Information”.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Simbe Robotics immediately at the email address email@example.com.
Use of our Service with your mobile device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. SIMBE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES; AND (iv) ANY FEES APPLICABLE BY YOUR TELECOMMUNICATIONS PROVIDER DUE TO THE USE OF OUR SERVICE.
Online and mobile alerts
Simbe may provide automatic alerts following certain changes to your account or information, such as a change in your Registration Information, as well as alerts part of our Service.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Simbe makes reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Simbe shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. Because alerts are not encrypted, we will never include your passcode. However, alerts may include Registration Information and some information about your accounts.
All provisions of this Agreement which by their nature shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of warranties
Our Service is provided “as is.” Simbe Robotics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Simbe nor its suppliers and licensors, makes any warranty that our Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you access, or otherwise obtain content or services through, our Service at your own discretion and risk.
Limitation of liability
SIMBE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICE, THE SITES OR THIS AGREEMENT, EVEN IF SIMBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing law and forum for disputes
California state law governs this Agreement without regard to its conflicts of laws provisions.
This section shall survive expiration, termination or rescission of this Agreement.
You agree to indemnify and hold harmless Simbe, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Service, including but not limited to your violation of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Simbe may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Changes to these Terms
We are constantly updating our Service, and we may amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on Simbe’s website or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Service. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Service. Except as otherwise expressly stated by us, your access and use of the Service are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
If you have any questions, comments or concerns regarding these Terms, please contact us at firstname.lastname@example.org