PLEASE READ THE FOLLOWING ACCEPTABLE USE POLICY RELATING TO YOUR ACCESS AND USE OF THE PLATFORM CAREFULLY.
Scope of This AUP
The SLINGR platform (the “Platform”) permits you and developers to access, build, host, and manage applications that are created through the Platform to perform a specific function for a user using a “no-code” development tool, along with other services (together, the “Services”). The Platform is owned and operated by Idea2 Ltd., d/b/a SLINGR, a Colorado limited liability company (“SLINGR”). Your use of the Platform and Services is subject to and conditioned on your agreement to this Acceptable Use Policy (“AUP”). Your use of the Platform and Services is also governed by the terms and conditions of the Platform License and Services Agreement (“Agreement”) under which you or your company purchased the license. You acknowledge and agree that, by accessing or using the Platform or Services, you indicate that you have read, understand, and affirmatively agree to be bound by this AUP. This is a legally binding contract between you and SLINGR and governs your use of the Platform and any related Services. You should consult an attorney if you do not understand it. THIS AUP LIMITS YOUR LEGAL REMEDIES AND SLINGR’S LIABILITIES TO YOU. IF YOU DO NOT ACCEPT THIS AUP IN ITS ENTIRETY AND WITHOUT MODIFICATION, DO NOT USE THE PLATFORM OR ANY SERVICES OFFERED ON THE PLATFORM. This AUP does not apply to your use of the software or plugins of any other companies, organizations or individuals to which the Platform links.
Acceptance of This AUP
SLINGR, its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”)make the information, products, and Services provided on the Platform available to you, conditioned on your acceptance of this AUP. We reserve the right to modify this AUP, in our sole discretion, either with or without written notice, at any time. You should check this AUP periodically for changes. By using the Platform or Services after we post any changes to this AUP you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept this AUP at any time, do not use the Platform or Services. The most current version of this AUP supersedes all previous versions. In addition to any other representations and promises in this AUP, you represent and warrant that you are 18 years of age or older and of legal competence, and if you are using the Services on behalf of a third party, you represent and warrant that you are an authorized representative of that third party.
Disclaimer Regarding Third Party Software
The Platform may include links or plugins to third party software. Your use of any third party software is subject to such third party’s policies, if applicable. We are not responsible for the availability of any other website to which the Platform links. We do not take responsibility for the services, contents, advertising, products, privacy policies or other material made available through any other website or software.
Account Registration; Account Use
If you create an account to use the Platform or any of the Services, then during the registration process you must select a username and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your user name. We may assume that any communications we receive under your account have been made by you. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by us or a third party due to someone else using your account. We may, in our sole and absolute discretion, suspend access to all or part of the Platform or Services at any time in accordance with the Agreement. Grounds for such suspension include, but are not limited to, (a) breaches or violations of this AUP or other agreements, (b) requests by law enforcement or government agencies, (c)discontinuance or material modification of the Platform or Services (or any part thereof), (d) unexpected technical or security issues or problems, (e)extended periods of inactivity, (f) activities related to protecting the rights, property or safety of SLINGR, its agents and affiliates, its users, and the public, or (g) if you provide any information, including registration information, that is false, inaccurate, out-of-date, or incomplete. If we terminate your right to access the Platform or Services, this AUP will terminate and all rights you have to access the Services will terminate in accordance with the Agreement; however, certain provisions of this AUP will still apply post termination, including without limitation, Sections 8 and 11.
Intellectual Property Rights Ownership
The Platform is owned and operated by SLINGR and may contain material which is derived in whole or in part from other sources. The Platform is SLINGR’s intellectual property and is protected by intellectual property laws. All of our names, logos, service marks and trademarks appearing on the Platform (collectively “IP”), is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by SLINGR. You may not copy, reproduce, republish, upload, post, transmit, distribute or exploit such IP in any way, without proper license agreements. Nothing in this AUP shall confer any right of ownership of any of the IP to you. Further, nothing in this AUP shall be construed as granting by implication, estoppel or otherwise, any license or right to use any IP without the express written consent of SLINGR. The misuse of any IP on the Platform is strictly prohibited.
You accept sole responsibility for all the content you upload or contribute to the Platform, in whole or in part (“User Generated Content”). You represent and warrant that all your User Generated Content will meet the following requirements: You have the right to use, reproduce, display, and link to the User Generated Content, and the right to grant to us the licenses you make under this AUP. The User Generated Content is not illegal, obscene, offensive, pornographic, indecent, or infringing on any rights of any third party (including intellectual property, privacy, and contract rights). To your best knowledge, the User Generated Content does not contain viruses, worms and/or Trojan horses, malware, or any other type of virus or invasive software or code, or links to such code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications. The User Generated Content does not constitute “spam” or any other communication unrelated to the purposes of this AUP. We reserve the right to monitor use of the Platform to determine compliance with this AUP and may but are not obligated to, in our sole and absolute discretion, remove any User Generated Content.
License and Use Restrictions
Subject to your compliance with this AUP, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Platform and Services consistent with this AUP, the Agreement, and all applicable laws. By using the Platform, you warrant to SLINGR that you will not use the Platform for any unlawful purpose or any use prohibited pursuant to this AUP. Your violation of any of these prohibitions automatically terminates your right to use the Platform, and you are on notice that we intend to pursue our legal remedies for any violation. You may not do any of the following while using the Platform: Post User Generated Content that is unlawful, harmful, tortious, false, or defamatory on the Platform. Violate any laws or third party rights, or remove any proprietary notices from the Platform. Copy, modify, or create derivative works of the Platform, in whole or in part. Rent, lease, lend, sell, sub license, assign, distribute, publish, transfer, or otherwise make available the Platform to any unauthorized users. Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Platform, in whole or in part. SLINGR also reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, in its sole discretion.
Limitation of Liability; Warranties; Indemnification
You agree not to hold SLINGR liable for your use of third-party products or services acquired through the Platform. You also agree not to hold SLINGR liable for the actions, failures to act, or statements of any third parties on the Platform. Your use of the Services provided here are used at your own risk and you agree not to hold SLINGR liable for your reliance on any information on the Platform, whether provided by SLINGR, another user, a third-party provider, or otherwise.IN NO EVENT WILL SLINGR BE LIABLE UNDER OR IN CONNECTION WITH THIS AUP UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SLINGR ARISING OUT OF OR RELATED TO THIS AUP UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL FEES PAID AND PAYABLE TO US UNDER THE APPLICABLE AGREEMENT THROUGH WHICH YOU WERE PROVIDED ACCESS TO THE PLATFORM IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ADDITIONALLY, THE PLATFORM IS PROVIDED "AS IS" AND TO THE EXTENT PERMITTED BY LAW, SLINGR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SLINGR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SLINGR MAKES NO WARRANTY OF ANY KIND THAT THE PLATFORM, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY PLATFORM, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. YOU RELEASE SLINGR (AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AFFILIATED COMPANIES) FROM ANY CLAIMS AND DAMAGES OF ANY KIND, ARISING FROM THE ACTIONS OF OTHER USERS OF THE PLATFORM OR YOUR USE OF THIRD-PARTY PRODUCTS OR SERVICES PROVIDED THROUGH THE PLATFORM. Some states do not permit the exclusions of certain types of liability or limitations on certain types of warranties. If these state laws apply to you, some of the limitations and exclusions above may not apply to you, and you may have other rights or remedies. You will defend, indemnify and hold SLINGR (and its employees, officers, directors, and affiliated companies) harmless from and against any and all liability, damages, loss or expense (including reasonable attorney’s fees) in any claim, demand, action or proceeding initiated by any third-party for your unauthorized use of the Services, your violation of the AUP, your violation of applicable law, your submission of User Generated Content to the Platform in violation of Sections 6and 7, your use of third-party products and/or services purchased through the Platform, or from your breach of this or any other Agreement.
Updates to The Platform
SLINGR may make updates or improvements to the Platform at any time without notice to you in accordance with the Agreement.
You consent to electronic communications from SLINGR in the form of electronic mail. You can opt out of receiving such electronic communications by changing the user settings of your account.
The laws of the State of Colorado (excluding any laws that direct the application of another jurisdiction’s law) govern all matters arising out of or relating to this AUP, including its validity, interpretation, construction, performance, and enforcement. Any legal suit, action, or proceeding arising out of or related to this AUP will be instituted in the federal courts of the United States or the courts of the State of Colorado in each case located in the city and County of Denver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. If any provision of this AUP is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or un-enforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this AUP so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. This AUP, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this AUP and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. No waiver by any party of any of the provisions hereof will be effective unless explicitly set for thin writing and signed by the party so waiving. Except as otherwise set forth in this AUP, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this AUP will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this AUP. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. This AUP will not be construed against the drafter. This Agreement may be modified only by our publishing of changes to this AUP. Any inquiries regarding this AUP should be directed through https://www.slingr.io/contact.