By using OHMense ("Company") services, APIs and web site ("Service"), you agree to the following terms and conditions.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Violation of any of the terms below will result in the termination of your Account. While The Company prohibits such conduct and Content on The Service, you understand and agree that The Company cannot be responsible for the Content posted on The Service and you nonetheless may be exposed to such materials. You agree to use The Service at your own risk.
You may only use The Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, (a) "Your Content" includes any "Company Content" and any "Customer Content." As part of The Services, you may be allowed to use certain software (including related documentation) provided by us or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of The Services. You may not transfer it outside The Services without specific authorization to do so.
The Company does not warrant that (i) The Service will meet your specific requirements, (ii) The Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of The Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through The Service will meet your expectations, and (v) any errors in The Service will be corrected.
You expressly understand and agree that The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use The Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on The Service; (v) or any other matter relating to The Service.
The failure of The Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service governs your use of The Service, superseding any prior versions of the Terms of Service). Your continued use of The Service constitutes acceptance of the latest version. You agree that these Terms of Service and Your use of The Service are governed under Massachusetts law.
Abuse or excessively frequent requests to The Service may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to The Service (or any part thereof) with or without notice.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of The Service, for any reason at any time. Such termination of The Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Company reserves the right to refuse service to anyone for any reason at any time.
In the event that The Company takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.
If you cancel The Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Service (or any part thereof) with or without notice. You agree the maximum harm you can experience in such an event cannot be more than the pro-rated cost of your remaining subscription.
Prices of all Services, including but not limited to monthly subscription plan fees to The Service, are subject to change upon 30 days notice from The Company. Such notice may be provided at any time by posting the changes to the Company Site or The Service itself.
The Company uses reasonable efforts to make The Services available 24 hours a day, 7 days a week. However, there will be occasions when The Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control.
The Company shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of The Service.