TOS Updated on 06/13/2023
Terms of Service for Metrotechs
These Terms of Service ("Terms") govern your access to and use of the website, services, and applications (collectively, the "Services") offered by Metrotechs ("Company", "we", "us", or "our"), a content creation tool and web hosting platform designed primarily for small businesses. By accessing or using our Services, you ("User", "you", or "your") are agreeing to be legally bound by these Terms and all applicable laws, regulations, and policies. If you do not agree to these Terms, you shall not use our Services.
2. Eligibility and Account Registration
2.1. To be eligible for the Services provided by us, you must be 18 years of age or older, have the legal capacity to enter into a binding agreement with us, and not be barred from using the Services under any applicable law or regulation.
2.2. When registering an account with us, you represent and warrant that you meet the eligibility requirements set forth in Section 2.1 and shall provide accurate, truthful, and complete information about yourself as requested in the account registration process. You shall update any such information, as necessary, to maintain its accuracy.
2.3. You understand and agree that you are responsible for maintaining the confidentiality and security of your account information and for any activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use or access of your account or any breach of security. We are not responsible for any loss or damage arising from your failure to comply with these security responsibilities.
3. Acceptable Use and Prohibited Conduct
3.1. You agree to use our Services only for lawful purposes and in accordance with these Terms, as well as any applicable laws and regulations. You are responsible for your access and use of our Services and shall not engage in any activities which, in our sole discretion, are harmful, abusive, or otherwise prohibited.
3.2. You expressly agree not to engage in any of the following prohibited activities, including, but not limited to:
3.2.1. Using the Services for any illegal purpose or to promote or further illegal activities, or to deceive, harm, harass, or exploit any individual or entity;
3.2.2. Disrupting, misusing, or interfering with the normal functioning of our Services or the access or use of others, including, but not limited to, hacking, spreading viruses, spamming, or engaging in any other similar activities;
3.2.3. Accessing or attempting to access another user's account or private information without authorization, or impersonating any person or entity, including, but not limited to, any Company representative or fellow user;
3.2.4. Scraping, crawling, or using any automated means, including bots and crawlers, to collect information from our Services without our prior written consent;
3.2.5. Violating or attempting to violate the security, integrity, or functionality of our Services, including unauthorized access to users’ data or our proprietary technologies or intellectual property;
3.2.6. Circumventing or attempting to circumvent any content-filtering techniques we employ, or any other security measures we have in place to protect our Services and users;
3.2.7. Creating multiple free accounts in violation of these Terms;
3.2.8. Encouraging or assisting any third party to engage in any activities prohibited under this Section;
3.2.9. Using any portion of our intellectual property for commercial purposes, unless expressly authorized by us in writing;
3.2.10. Reverse engineering, decompiling, disassembling, or otherwise deriving the source code for our Services, except where the foregoing restrictions are prohibited by law;
3.2.11. Uploading, posting, transmitting, or otherwise making available any content or material that constitutes or encourages the infringement of any proprietary rights (including, but not limited to, copyrights, trademarks, patents, or trade secrets) of any third party.
4. Intellectual Property Rights and License Grant
4.1. The Services and all materials, content, software, and intellectual property rights related thereto, including but not limited to, copyrights, trademarks, patents, trade secrets, and other proprietary rights (collectively, the "Company IP"), are owned by or licensed to the Company, subject to any rights, licenses, and permissions necessary to use any materials, content, software, or intellectual property rights not owned by the Company.
4.2. The Company IP may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission, unless otherwise specified within these Terms. You represent and warrant that you have all rights necessary to grant the licenses granted in this Section.
4.3. The Company grants you a revocable, non-exclusive, non-transferable, royalty-free personal license to access and use our Services in accordance with these Terms. This license does not grant you any rights to access, use, or modify the Company IP, except through the normal use of our Services in accordance with these Terms.
4.4. You retain ownership of any intellectual property rights in the content you create or upload to our platform. However, by using our Services, you hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, and worldwide license to use, reproduce, modify, publish, distribute, display, publicly perform, and create derivative works of your content in connection with the provision, promotion, and operation of our Services.
5.1. We reserve the right to terminate your access to and use of our Services, with or without notice, for any reason, including but not limited to your violation of these Terms, at any time and in our sole discretion.
5.2. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease. All provisions of these Terms that by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall remain in full force and effect after the termination of these Terms.
6. Disclaimer of Warranties and Limitation of Liability
6.1. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6.2. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our Services; (b) your violation of these Terms; or (c) your infringement of any intellectual property or other rights of any third party.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction to resolve any disputes arising out of or in connection with these Terms or the use of our Services.
9. Modifications to Terms
The Company reserves the right, in its sole discretion, to modify or revise these Terms at any time. Users will be notified of any such changes through email, notice on our website, or any other methods we deem appropriate. Your continued use of our Services following any such modifications constitutes your acceptance of the amended Terms.
10.1. Our failure to enforce or exercise any provision of these Terms or any related right or remedy shall not constitute a waiver of that provision, right, or remedy, and no waiver by us of any breach or default of these Terms shall be deemed a waiver of any subsequent breach or default of the same or any other provision of these Terms.
10.2. If any provision of these Terms is held to be invalid, illegal, or unenforceable, then that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
10.3. These Terms constitute the entire understanding and agreement between you and the Company with respect to your use of our Services and supersede all prior representations, agreements, and understandings, whether written or oral, between you and us regarding the same subject matter.
For any questions, concerns, or notices related to these Terms, please contact us at the following email address: firstname.lastname@example.org