Effective date: 1st March, 2020
1. Our Services
ESP RainMaker Platform (“Platform”) is a service devised and managed by Espressif Systems (Shanghai) Co., Ltd., which allows Users to build connected devices with ESPRESSIF’s ESP32 SoCs without hassle of managing the infrastructure. It provides a device SDK, self-adapting phone apps, transparent cloud middleware, REST APIs and host utilities to reduce complexity in development of connected devices.
2. User’s Account
To the User wishing to create an Account a unique username (email address) and password will be associated, the account can be also created by using the email address provided by third party identity providers such as GitHub, Google, Facebook, upon approval from the User. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information. ESPRESSIF may suspend or terminate your Account if you breach any of the terms of this Agreement. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify ESPRESSIF of any unauthorized use, or suspected unauthorized use, of your Account, or any other breach of security. ESPRESSIF will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. The User’s duties
3.1 Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-assignable, non-transferable license to use and access the Service. Specifically, when creating, modifying and publishing contents created by the User, such as for example, softwares or libraries (hereinafter “Contents”), the User must comply with the provisions of this Agreement, and with the applicable legal provisions, abiding by principles of good faith, truthfulness and fairness in dealings with the other Users.
3.2 The User undertakes to use the platform solely in accordance with this Agreement and solely for purposes of using the Services. Specifically, the User undertakes not to:
(i) transfer or resell the Services or his or her right to use the platform to others;
(ii) tamper with or operate on the platform hardware without ESPRESSIF’s intervention and authorisation;
(iii) use the Platform should the Account have been temporarily or permanently suspended;
(iv) use the platform to create or incorporate other datasets correlated to ESPRESSIF to be used for a service which is similar or identical to the Service;
(v) provide ESPRESSIF with data which is false, inexact, misleading or which gives rise to adverse consequences for third parties, particularly when the User registers to create the Account;
(vi) spread viruses, malwares or any other technology designed to harm the Platform, other Users’ devices, to breach ESPRESSIF’s rights or the rights of other Users, or in any way to hinder or disturb the use of the Services by other Users;
(vii) copy, modify or disseminate the content of the Platform documentation, Apps, Services or proprietary information belonging to ESPRESSIF and/or others, however without prejudice to open source software;
(viii) use any mechanism, software or procedure which may interfere with the proper operations of the Platform;
(iv) circumvent instruments prepared by ESPRESSIF to ensure the security of the platform and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);
(x) upload to the platform or in any way communicate or send through the Platform to other Users content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to ESPRESSIF’s image or contrary to law, or in breach of third parties’ rights.
4. Use of the Services
4.1 ESPRESSIF undertakes to ensure that the Platform remains active and accessible, providing technical assistance in order to resolve problems relating to use of the Account due to platform problems attributable to ESPRESSIF, through the email Account firstname.lastname@example.org. Given the characteristics of the Services, the User acknowledges that ESPRESSIF will not be accountable for problems in accessing the Platform due to causes which are not directly connected to ESPRESSIF’s activities or for which it is responsible and, specifically:
(i) problems relating to connectivity and continuity of Internet traffic available to the User;
(ii) problems relating to the User’s IT systems;
(iii) problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smart phones, tablets, computers) are not compatible or fast enough to allow use of the Services;
(iv) interruption of access to the User’s Internet network;
(v) non-compatibility between the User’s mobile device or browser and the platform;
(vi) any other event which is not caused by ESPRESSIF.
4.2 Through use of the Services, the User may encounter differences between the real conditions and those indicated in the data accessible through the Platform.The User acknowledges and undertakes to exercise their own judgement irrespective of use of the Platform and its functions, according to the User’s own responsibility and at the User’s own risk and peril. The User is liable for his or her conduct and for the consequences of the same.
4.3 The Platform may include links to third-party websites which are not controlled or managed directly by ESPRESSIF. ESPRESSIF is not liable for the information and, in general, for the User’s browsing on these websites operated by third parties.
5. Publishing Content and moderation
5.1 Through sending information to ESPRESSIF or publishing content through the Platform, the User grants to ESPRESSIF a non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use the content and to reproduce, modify, adapt, translate, distribute, publish and create derived works, make publicly visible the content throughout the world using any means and for any purpose and to use the Username or the nickname specified in relation to the content.
5.2 The User has sole liability for the content published or sent to ESPRESSIF and undertakes not to publish, upload or otherwise make public content which:
(i) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
(ii) may constitute, encourage, promote or incite unlawful conduct;
(iii) may breach patents, trademarks, trade secrets, copyright or any other intellectual or industrial property rights belonging to any party;
5.3 The User states that he or she has no objection as to publication, use, modification, deletion and usage of the content by ESPRESSIF or its successors and assignees and the User states that he or she permanently waives all complaints or claims in respect of the content.
6. Industrial and Intellectual Property
6.1 The User acknowledges that:
(i) ESPRESSIF has exclusive title to the intellectual and industrial property rights in respect of the Platform, software and databases connected hereto;
(ii) ESPRESSIF has exclusive title to the ESPRESSIF project, the related know-how and all technical and trade information relating to this project; and the User undertakes not to infringe or disrupt these rights.
6.2 All the contents of the Platform, inclusive of texts, artwork, images, audio material, video and all else, together with domains, taglines, organisation and user look and feel interface are protected by laws governing intellectual and industrial property rights and are the sole property of ESPRESSIF or third parties who have licensed them to ESPRESSIF. Should the Platform allow the downloading of specific contents, it is possible to download a copy of same to just one computer for exclusively personal domestic and not commercial use, subject to the condition that the user (a) does not remove or alter ownership or copyright notices in the downloaded content, (b) does not sell or modify this content, does not reproduce, view, publicly use, distribute or utilise same in any other manner for commercial purpose without our prior written authorisation, (c) does not use what he or she downloads in such a manner as to suggest any association with ESPRESSIF’s products, services or trademarks. Without our prior written authorisation it is prohibited to copy (being known as “mirror”) any Platform contents to any other server. The use of the Platform contents on other websites or on networked computers for any purpose is prohibited without our express written authorisation.
7. Term and Termination
7.1 This Agreement is open-ended and shall cease to be effective in those cases of termination contemplated below, in the event of closure of the Account and cessation of Service.
7.2 Suspension and Termination. We may change, suspend, or discontinue the availability or any functionality of the service, at any time without notice to you and without incurring any liability to you. We may also impose limits on certain features and services or restrict your access to part or all of the Service without notice to you and without incurring any liability to you. In addition, ESPRESSIF shall be entitled to cancel the Account should the User breach any obligation provided for under this Agreement following written notice sent by ESPRESSIF, without prejudice to any other remedy provided by law or provided by this Agreement in favour of ESPRESSIF.
7.3 Your Termination. You may terminate this Agreement for any reason or no reason at all, at your convenience, by ceasing your use of the Service.
7.4 Effect on Termination. Upon termination of this Agreement, all rights and licenses granted will terminate immediately. Neither party will be liable to the other party for damages of any sort resulting solely from the termination of this Agreement.
7.5 Deletion of Data. ESPRESSIF will use reasonable efforts to delete your password, name and all related information associated with or inside your Account (or any part thereof) upon termination of this Agreement, or upon request.
8. Privacy and protection of personal data
9. DISCLAIMER AND LIABILITY
9.1 Disclaimer. THE SERVICE ARE PROVIDED “AS IS,” “WHERE IS,” “WITH ALL FAULTS” AND WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. ESPRESSIF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/ NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT, OR MAKE ANY CONDITION THAT THE SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, ALL OF WHICH IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE USER AGREEMENT.
9.2 Limitation of Liability. ESPRESSIF WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR RELIANCE DAMAGES RELATED TO THIS AGREEMENT OR THE SERVICES. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND LOST BUSINESS OPPORTUNITIES, WHETHER YOU WERE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PARTIES HAVE NEGOTIATED THIS AGREEMENT WITH DUE REGARD FOR THE BUSINESS RISK ASSOCIATED WITH THE ARRANGEMENTS DESCRIBED IN THIS AGREEMENT.
10.1 Independent Relationship. Nothing in this Agreement will be deemed to create an agency, employment, partnership, fiduciary, or joint venture relationship between the You and ESPRESSIF.
10.2 Governing Law. This Agreement will be governed in accordance with the laws of the People’s Republic of China.
10.3 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such term or provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
10.4 Assignment. ESPRESSIF may assign this Agreement to an associated company. The User provides his or her consent to such assignment.