Last updated: Nov 10th, 2017
Blynk Inc.("Blynk", "we" or "us") provides a platform to enable clients ("Blynk Clients") to create and manage various mobile and/or web applications ("App" or "Apps") as well as related support and hosting services. Blynk Clients in turn make the Apps available to their customers ("End Users") for use.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We offer various services (the "Service" or "Services") to you, the "User". Services include our Apps, online services that integrates with the individual items of hardware ("Device") that have been provisioned to access Blynk Cloud (or "Cloud") to perform various Internet of Things related tasks and functions.
Services are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service, your download of an App, or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. These Terms of Service apply to all visitors and all who access our Services.
- In connection with your use of the Service, you agree and represent as follows:
- You are of legal age (at least 13 years of age) and are otherwise capable of forming a legally binding contract.
- You have authority to bind the legal entity (the Blynk Client) with which you are associated.
- You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications by us, and third parties, if relevant, regarding our Services.
- You hereby grant us permission to email you or display your profile and such other information as may be supplied by you for public display as you designate.
- By using the Service, you are granting us (and any service providers or Providers used by us) permission to access your account and those messages, data, information, text, graphics, audio, video or other material and content of any kind posted/uploaded/transmitted to or through the Service using your account, to process and submit said material to End Users.
Except as set forth below, Blynk will use its registered developer account with each Provider and will be the sole publisher of your Applications with any mobile platform provider including, but not limited to, the Apple Inc. ("Apple") App Store™ and Google Play™ Mobile platform providers are referred to in this document as "Providers." You may use your own Account to self-publish an Application developed using our Web Site and/or Service with any such Providers only with prior written permission from Blynk, in which case additional fees may apply.
You represent and warrant that your Device will not: (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v) contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, text messages, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) offer or promote services that may be damaging to, disparaging of, or otherwise detrimental to Blynk or its licensors, licensees, affiliates and partners.
Blynk will have the right, in its sole discretion, to refuse to permit your use of the Blynk Services with a particular Device. Unless Blynk states otherwise, such rejection will not terminate this Agreement with respect to any other Device. Blynk will have no liability to you for such refusal.
You agree to provide us with access to your Device and other materials related to your use of the Blynk Service as reasonably requested by us to verify your compliance with this Agreement.
You understand that the Blynk Services are not designed, intended, authorized or warranted to be suitable for use in the following "Unauthorized Applications": life support applications, devices or systems, the operation of nuclear facilities; aircraft navigation systems; aircraft communication systems; air traffic control; direct life support machines; weapons systems; military or space equipment requiring radiation hardened components; and Enhanced 911 or E911 emergency calling system. You warrant that you will not use the Blynk Properties for Unauthorized Applications.
As between you and Blynk, Blynk owns all right, title and interest in and to the Blynk Services. Except for the license granted (License Grant), this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by us, including the Blynk Service, Software and Brand Features (as defined below). You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices and restrictions contained in this Agreement. We claim no ownership or control over your Device or the content sent, posted or displayed through your Device, except for any Blynk Services therein.
We grant you a limited, non-exclusive license to display our name, logos and domain names (collectively, "Brand Features") to promote and advertise your use of the Blynk Services in accordance with this section. When you promote your Device, you must not imply that your Device is created or endorsed in any manner by Blynk, although you may state facts (e.g., the Device is used with the Blynk Service). You agree, however, not to remove, obscure, distort, or alter any of our Brand Features or display our Brand Features in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Blynk. All use by you of the Brand Features (including any goodwill associated therewith) will inure to the benefit of Blynk. At no time during or after the term of this Agreement will you challenge or assist others to challenge the Brand Features (except to the extent such restriction is prohibited by law) or the registration thereof by Blynk, nor will you attempt to register any trademarks that are confusingly similar in any way to any Brand Features. You must submit to us a copy or image of any media release or advertising that includes any the Brand Features by emailing us at email@example.com
We may publicly refer to you, orally or in writing, as a Blynk Properties licensee of Blynk (including in a directory of our developers) and we may publish your name and logo on the Blynk website or promotional materials without prior written consent. You grant us all necessary rights and licenses to do so.
We may provide you with support, upgrades, or modifications for the Blynk Services in accordance with our service level agreement set forth at www.blynk.io/plans In the event we provide any support, it will be considered part of the Blynk Services for purposes of Section 9 (Disclaimer and Liability) and Section 10 (Indemnification) below, and we may terminate the provision of such support or modifications to you at any time without notice or liability to you. You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Device. We may redirect users and potential users of your Device to your email address on file for purposes of answering general Device inquiries and support questions.
You acknowledge and agree that Blynk may be independently creating applications, content and other products and services that may be similar to or competitive with your Device and its content, and nothing in this Agreement will be construed as restricting or preventing Blynk from creating and fully exploiting such applications, content and other items, without any obligation to you. If you elect to provide us with any comments, suggestions, or feedback related to our Blynk Services, you assign all right, title and interest in and to such comments, suggestions and feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution, accounting, or compensation or other duty to account.
Payment and Refund Terms
Certain services and functionalities available via the Blynk Service are free of charge. However, Blynk may, in its sole discretion charge fees in connection with certain services, such as extending the current services functionality and limiting number of messages that can be sent from Device(s) to the Cloud.
Publishing an App requires a valid credit card. If you prefer to pay by wire transfer or any alternate methods, please contact Blynk's support team, as exceptions may be made from time to time for an alternate method of payment with Blynk.
You will be responsible for payment of the applicable fee for the Blynk Services (each, a "Service Subscription Fee") at the time you create your Account and select your monthly or annual plan (each, a "Subscription Renewal Date"). Except as set forth herein, all fees for the Blynk Services are non-refundable. Your subscription will continue indefinitely until terminated in accordance with the terms herein. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each, a "Subscription Renewal Date") and continue for an equivalent period, at Blynk's then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
All fees 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 United States (federal or state) taxes on Blynk income.
Blynk will use commercially reasonable efforts to have the Application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Application is denied by the appropriate Provider, you will be notified. However, there are no refunds under any circumstances.
If invoiced, payment is due upon receipt.
Prices for the Service are subject to change upon 30 days' notice. Such notice may be provided at any time by posting the changes to the Site or through the Service itself.
You agree to pay all fees or charges to your account in accordance with the applicable fees, charges and billing terms in effect at the time a fee or charge is due and payable.
Responsibility For User Content (DMCA Policy)
We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials (defined below) posted or transmitted by you and other third-party information providers via the Service. You expressly agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this web site: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Service or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are personal, nor will you use this Service in violation of the law or these Terms of Service. While we are not under any obligation to monitor content provided by Users, we may, in its sole determination, remove any content that we deem objectionable, offensive, unlawful or in violation of these Terms of Service.
Sharing Your Content
We make various mobile Apps to access the Service via a mobile device. To use the Apps you must have a mobile device that is compatible with our mobile service. We do not warrant that the App will be compatible with your mobile device. We grant to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of each App for one account on one mobile device owned or leased solely by you, for your personal, non-commercial use.
You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). You agree to comply with all United States and foreign laws related to use of the App and the Service. Standard carrier data charges may apply to your use of the App.
Mobile App from iTunes - The following also applies to any App you acquire from us from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
Mobile App from Google Play and other online and offline sources sources - The following also applies to any App you acquire from us from the Google Play Store ("Google Play Sourced Software"): You acknowledge and agree that these Terms are solely between you and us, not Google, and that Google has no responsibility for the Google Play Sourced Software or content thereof. Your use of the Google Play Sourced Software must comply with the Google Play Terms of Service. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Google Play Sourced Software.
Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify, defend and hold harmless us, and its officers, directors, employees, agents, and contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
Disclaimers and Limitations
We intend that the information contained in our Service be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $99.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
Errors and Delays
We are not responsible for any errors or delays or other technical problems beyond our reasonable control.
Termination and Cancellation
You are solely responsible for canceling your subscription. Cancellation requests must be submitted in writing to email@example.com or canceled at the payment service . Cancellations by phone or sent to any other email address will not be considered valid. If you cancel a subscription, we will still provide access to your account as well as basic account functions during the subscription term. For example, if you subscribed to a one-event app on March 1st and then cancelled the subscription on November 1st, you would still have access to the information for the App through February 28th.
After you cancel the Service, your Dedicated Cloud Server will be turned off within 14 (fourteen) calendar days. All of the Devices will loose connection to the Dedicated Cloud Server. All the data stored on the Dedicated Cloud Server will be deleted without prior notice. If you need to export the data you need to deliver a written notice addressed to firstname.lastname@example.org. You shall be responsible for ensuring delivery of the notice to us.
After you cancel the Service, Client apps will remain in the App Store and Google Play. If you need to remove the Apps, you need to deliver a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to us. After the Service is canceled, Blynk may remove Apps without prior notice
If you desire to cancel your entire account, please contact us at firstname.lastname@example.org. In addition to cancelling your account you may also delete individual Apps, in which case underlying app data may not be recoverable." We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights or another User or the law. You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to us.
Transfer of Ownership
In the case when Blynk is no longer capable of providing the Services, Blynk will issue an official notice to it's Clients notifying about this matter. Blynk will apply all reasonable efforts to transfer products and services under Client's ownership. These actions are limited to Cloud Server migration, data migration and transferring Applications to Client's developer account.
If you need to transfer the ownership, you need to deliver a written reply addressed to firstname.lastname@example.org within 30(thirty) days from the initial notice. You shall be responsible for ensuring delivery of the notice to us. Blynk is not responsible for any Client's expenses and losses involved in any process associated with the Transfer of Ownership process.
Blynk will not disclose source-code for the Applications.
If any dispute, claim or controversy arises under this Agreement, such dispute shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then pertaining, except where such rules conflict with this section, in which case this section shall control. Any court with jurisdiction shall enforce this section and enter judgment on any award. The arbitrator shall be selected within twenty (20) Business Days from commencement of the arbitration from the AAA's National Roster of Arbitrators pursuant to agreement or through selection procedures administered by the AAA. Within forty-five (45) days of initiation of arbitration, the Parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than eight (8) months from selection of arbitrators or, failing agreement, procedures meeting such time limits will be designed by the AAA and adhered to by the Parties. The arbitration shall be held in New York City, New York and the arbitrators shall apply the substantive law of the State of New York, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United States and foreign countries. Blynk exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written consent from Blynk.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS SERVICE IMMEDIATELY.