Terms of Service

About Thington:

Thington is a concierge for interacting with a world of connected objects, at home and in the wider world.

Thington has several parts - (1) an application that may be downloaded to your smartphone or table (the “Thington App”) (2) a website at thington.com (the “Thington Site”) and (3) a cloud service that connects to the Thington mobile app and to various manufacturers of (and service providers for) connected devices in the home and the wider world (the “Thington Cloud”). Collectively, these three components constitute the “Thington Service”, "The Service" or “Thington”.

The Thington Service—and the information that we receive from your use of it—are controlled by Thington Inc. You can contact Thington Inc. at 2017 Mission St #300, San Francisco CA 94110, USA.

About this Terms of Service Document:

This document describes the terms and conditions (“Terms of Service”, “Terms”) which govern how you can use the Thington Service as well as explaining your legal rights. By using the Thington Service you agree to be bound by these Terms of Service and our Privacy Policy (https://thington.com/privacy). You may also have other legal rights depending on jurisdiction.

We revise and republish these Terms of Service from time to time - with the most current version published at https://thington.com/terms. If we make a change to this policy that—in our discretion—is material we will inform you via the e-mail address associated with your account and/or by posting a notice on Thington. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms of Service.

This Privacy Policy was last updated on Tuesday, January 26, 2016.

IT IS IMPORTANT TO REMEMBER THAT THIS IS A LEGAL AGREEMENT WHICH YOU SHOULD READ CAREFULLY BEFORE ACCESSING OR USING THE THINGTON SERVICE. YOU MAY ONLY ACCESS OR USE THE SERVICE IF YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS, AND ARE OF LEGAL AGE IN YOUR JURISDICTION TO USE THE SERVICE (AND THAT YOU AVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS SERVICE IF APPLICABLE). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE THINGTON SERVICE.

If you have any questions or comments about this Privacy Policy, please contact us at terms@thington.com.

Basic Terms

We reserve the right to refuse service to anyone for any reason at any time.

You may not use the Thington Service for any illegal or unauthorized purpose nor may you, in the use of Thington, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Your License to use Thington

Thington Inc provides you with a worldwide, personal, royalty-free, non-assignable and non-exclusive license to use the Thington Service for the sole purpose of enabling you to use the Thington Service within the Terms here outlined.

This Agreement does not transfer from Thington Inc to you any Thington Inc or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Thington Inc. Thington, Thington Inc, the Thington logo, the Thington ‘Hi Bubble’ and all other trademarks, service marks, graphics and logos used in connection with Thington, are trademarks or registered trademarks of Thington Inc or our licensors. Other trademarks, service marks, graphics and logos used in connection with Thington may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Thington Inc or third-party trademarks.

Content on Thington

The Thington Service allows you control, edit and to see updates from devices that you own as well as from devices that other persons or organizations may have made ‘public’. All content or data provided through Thington is the sole responsibility of the person or organization who originated them. Any use or reliance on any Content or materials posted via Thington or obtained by you through Thington is at your own risk.

The originating entity retains the right to any data or content distributed through the Thington Service. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any data and content that you create or distribute through Thington in any and all media or distribution methods (both that exist today or that may be developed in future).

You understand that by using Thington you may be exposed to updates and content that might be offensive, deceptive, mislabelled, harmful, misleading, inaccurate or inappropriate. Under no circumstances will Thington be liable in any way for any errors or omissions in this content, or loss or damages incurred by the use of any content available on the Thington Service.

We may, but have no obligation to, monitor, edit or remove content, updates or accounts that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Feedback and Suggestions from Users

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Privacy and Personal Information

The information that you provide to Thington either directly or via your use of the service is subject to our Privacy Policy. The Privacy Policy details and governs how we collect and use your information. When you use Thington you consent to our collection, use and disclosure of information about you as described in that policy, including the transfer of this information to the United States and/or other countries for storage, processing and use by Thington Inc.

While it is possible for you to opt-out of many Thington communications via e-mail and elsewhere, there are some communications - including service announcements and administrative messages - that we need to provide you with as they constitute core parts of the Thington Service, or are required for legal or privacy purposes. By using the Service you agree that we can continue to send them to you.

Limitations of Liability / Disclaimers

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Thington connects to third-party resources and websites as well as to the online services of various network-connected devices and appliances (“Third-party services”). You agree and acknowledge that Thington Inc. is not responsible or liable for the accuracy of information provided by Third-Party Services, or for any of the services, products or content that they provide. Links to such Third-party services do not imply that the services, products or content available on them are endorsed by Thington Inc. You agree that you alone are responsible for—and assume all risk arising—from your use of such Third-party services.

In no case shall Thington Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Thington Service or any Network-Connected devices and/or products that you connect to the Thington Service, or for any other claim related in any way to your use of the service (or said Network-Connected devices and/or products), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the service or any Third-Party Content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Third Party Products

Thington allows you to connect third-party devices, data sources and pieces of software to your Thington account on the Thington Service. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party products.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy—and we do not warrant and will not have any liability or responsibility—for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Thington or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification

You agree to indemnify, defend and hold harmless Thington Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Governing Law

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of the State of California. Any and all legal proceedings, claims and litigation relating to these terms will be brought solely in the courts (federal or state) located in San Francisco County, California, United States. You waive any objection as to inconvenient forum and consent to the jurisdiction of and venue in these courts.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of Thington Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. In the event that any individual provisions of these Terms are deemed invalid, then those provisions will be limited to the minimum extent necessary, leaving the remaining provisions in full force and effect.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Thington Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between Thington Inc. and you (including , but not limited to, any prior versions of the Terms of Service).