Last updated July 17, 2015
1.1 “Automate Green” means the entity Automate Green LLC
1.2 “Services” means the any and all services and hosted software applications provided by Automate Green, including but not limited to, the Automate Green API, Automate Green website and any other software services offered by Automate Green.
1.3 “You” means yourself and any entities you represent.
1.4 “Products” means the physical products produced and sold by Automate Green.
1.5 “Third Party Products” - includes but is not limited to applications, websites, APIs, software, or hardware, produced by anyone other than Automate Green, that interact with, use or connect to any Automate Green Products or Services.
1.6 “Website(s)” means any web domains owned, operated, branded or co-branded by Automate Green LLC
1.7 “APIs” means any API (Application Programming Interface) owned and operated by Automate Green, including the REST (Representational State Transfer) API (for communicating with servers, software developers, web applications, and mobile applications).
2.1 This legal agreement between you and Automate Green (“Terms”) applies to You and your use of any and all Automate Green Products, Services and Websites.
2.4 Automate Green reserves the right to make updates, changes or improvements to Services or payment structure from time to time with or without notice. We will endeavor to make You aware of said changes prior to installation if we deem them significant but make no promises.
3.1 In order to access certain Services, You must create an account with Automate Green with a valid email address and password.
3.1.1 By creating an account, You are confirming that any and all information You provide upon registration is accurate and complete. You are also certifying that you are (1) over the age of 13 and (2) allowed to legally use these services in the US and other countries and are not barred from doing so by any legal entities.
3.1.2 Only one account may be created per unique email address.
3.1.3 You are responsible for the confidentiality of Your login information and are fully responsible for the activities of Your account.
3.1.4 You agree to notify Automate Green immediately if You have reason to believe Your account has been compromised or You suspect unauthorized use of Your account. Automate Green cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.2 When you set up an account, you are agreeing to all Terms & Conditions outlined in this agreement, including but not limited to You bearing the sole responsibility for any and all activities, communications or behaviors that occur under your account or with any Products and Services connected to Your account.
3.3 By creating an account, You grant Automate Green the ability to interact with any and all Products, hardware and Services connected to Your account. Interactions may include reading data from sensors, controlling physical actuators, and otherwise interfacing with the physical world. Once You have set up this account, Automate Green will continue to have access to Products, hardware and Services connected to Your account until you specifically revoke access by altering your settings or closing Your account.
3.4 Automate Green reserves the right to revoke Your access to Your account if it believes You are engaged in (1) activities that violate this agreement, (2) unauthorized or suspected illegal activities.
3.5 After account has been initially set-up, this agreement will be binding on any active any active users of Product or Services. You, the account creator, will continue to be responsible for all Products and devices connected to his or her account. If Account Creator allows others to use Products or Services connected or associated with the Account, it becomes the Account Creator’s responsibility; All terms apply to any user.
3.6 You and any legal entity connected to the account remain responsible for informing any person and/or entity to whom You provide access to Products or Services connected to Your account of their own use responsibilities and these terms which they accept by using any Products or Services. You agree to indemnify Automate Green for any damages that may arise if accounts, Products or Services are shared with others.
4.1 By using any and all Automate Green Products and Services, You agree to abide by all applicable local, state, national, foreign and international laws and regulations and you agree that You will be solely responsible for all acts or omissions that occur under Your account or password, including the content of Your transmissions through the Service.
4.2 You further agree to not use Automate Green Products or Services to: (a) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products or Services; (b) engage in, our enable others to engage in, illegal activities; (c) access or attempt to access the accounts, materials, information, computer systems, networks or devices owned or created by Automate Green or otherwise , through password mining or any other means; (d) violate, tamper with, or circumvent the encryption codes or technological protection measures of the Services; (e) solicit personal information from anyone under the age of 18.
4.3 You acknowledge and agree that You are solely responsible for compliance with all legal, regulatory and safety-related requirements concerning Your products and projects, and any use of Automate Green Products or Services in its applications. By creating products and projects using Automate Green Products and Services, You represent and agree that you have all the necessary expertise to: (1) create and implement safeguards which anticipate dangerous consequences of failures; (2) monitor failures and their consequences; (3) lessen the likelihood of failures that might cause harm; and (4) take appropriate remedial actions. Products and Services are not recommended, authorized or warranted for use in military, air craft, space, life saving, or life sustaining applications. You will fully indemnify Automate Green and its representatives against any damages and/or losses arising out of the use of any Automate Green components in safety- or security-critical applications.
4.4 Automate Green may provide an opportunity to interact with, interface with, and use Third Party Products.
4.4.1 These Third-Party Products are not Automate Green Products and Services and you agree that Automate Green is not responsible for damages or loss that may be caused by them.
4.4.2 Once you have granted authorization to a Third Party, it will continue to be able to send and receive messages to designated products (Automate Green Products or otherwise), share data with Automate Green, access parts of Your Account and interact with Automate Green in ways you have granted permission until you specifically revoke access by altering your settings.
4.4.3 You release Automate Green for any future claims, liabilities or damages arising from (1) the behavior or actions of Third Party Products or their owners, or (2) resulting from Your use of the APIs or Third-Party Products that access data via the APIs.
4.5 You may at points use Services, including the REST API (Application Program Interface), to control, access or provision access to Your account and products (Automate Green products or otherwise) connected to Your account.
4.5.1 The terms of this agreement also cover the use of the APIs through a Third-Party Product that accesses Automate Green.
4.5.2 Abuse or excessively frequent requests to any Automate Green API may result in the temporary or permanent suspension of Your account's access to the API and other Services. Automate Green, at its sole discretion, will determine abuse or excessive usage.
4.5.3 Automate Green reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part of Services thereof) with or without notice.
4.6 If You choose to update firmware on Products with code not provided by Automate Green, the code and results are Your responsibility.
6.1 By starting a subscription and providing or designating a Payment Method, you authorize Automate Green to charge you a monthly or yearly subscription fee at the then current rate.
6.2 Automate Green reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in Automate Green's sole and absolute discretion.
6.3 Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notice to you.
7.1 Automate Green does NOT warrant that (i) Services and Products will meet your specific requirements, (ii) Services and Products will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Services and Products will be accurate or reliable, (iv) the quality of any Services, Products, information, or other material purchased or obtained by you through will meet your expectations, and (v) any errors in the Service will be corrected.
7.2 Services are subject to sporadic interruptions and failures for a variety of reasons beyond Automate Green’s control, including, but not limited to, network intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Automate Green is not responsible for any damages allegedly caused by the failure or delay of the Services.
7.3 You acknowledge that Automate Green uses third party service providers to enable aspects of the Services and Products – such as, for example, but not limited to, data storage, synchronization, and communication through third-party servers, and mobile device notifications through mobile operating system vendors and mobile carriers.
8.1 You expressly understand and agree that Automate Green 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 Automate Green has been advised of the possibility of such damages) resulting from: (i) the cost of procurement for substitute products or services; (ii) the interruption of use or loss or corruption of data; (iii) actions or choices by any third parties using Services or Products; (iv) the interruption of access to or inability to access Services; (vi) Access, authorized or unauthorized, to Your data, or Your devices (Automate Green Products or otherwise) making use of Services (v) Your use of the Services (including the APIs or Third-Party Products that access data via the APIs) or Products.
8.2 Force Majeure: No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.
9.1 You agree to indemnify, defend and hold Automate Green, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or relating to Your use of Products or Services; this includes your use of Products or Services in a project, product, device or any other item that you sell, pass or give to another person.
10.1 Automate Green reserves the right to modify this Agreement, including policy or rule changes at any time. Automate Green reserves the right to make changes and/or update these terms of service from time to time by posting them on the Automate Green website. Continued use of our services will imply acceptance of these updated terms.
11.1 This agreement shall be governed by the laws of the State of Georgia, USA.
11.2 All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Georgia or another location mutually agreeable by the parties.
12.1 If Automate Green does not immediately enforce any aspect of these provisions it does not mean that Automate Green approves of, allows, or will not enforce said provisions in the future.
12.2 The section headers in this agreement are for structure only.
12.3 Questions about these Terms and Conditions can be directed toward firstname.lastname@example.org