THESE TERMS OF SERVICE (“AGREEMENT”) DESCRIBE THE TERMS AND CONDITIONS ON WHICH ROBINAPP.CO, INC. (“ROBINAPP”) PROVIDES ITS SERVICES TO ANY CUSTOMER ACCESSING STREAM’S PROPRIETARY SYSTEMS AND APPLICATION PROGRAMMING INTERFACES (THE “API”) TO BUILD UNIQUE SCALABLE NEWSFEEDS and RESPONSIVE CHAT, OR OTHERWISE RECEIVING THE BENEFIT OF ROBINAPP’S SERVICES (THE “CUSTOMER” or “YOU”). BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THE SERVICE, CUSTOMER IS ENTERING INTO A LEGALLY BINDING AGREEMENT WITH ROBINAPP. IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, CUSTOMER MUST NOT COMPLETE THE ORDER PROCESS AND MUST NOT USE THE SERVICE. IF CUSTOMER OR THE THIRD PARTY ON BEHALF OF WHOM CUSTOMER IS ACTING (ALSO, A “CUSTOMER”) AND ROBINAPP HAVE ALREADY ENTERED A SEPARATE AGREEMENT GOVERNING PROVISION OF ROBINAPP’S SERVICES THAT HAS BEEN SIGNED ON BEHALF OF BOTH ROBINAPP AND CUSTOMER, THEN THAT OTHER AGREEMENT SHALL APPLY IN PLACE OF THE TERMS HEREIN, NOTWITHSTANDING ANY CHECKBOX OR ELECTRONIC ACCEPTANCE REQUIRED IN ORDER TO USE THE SERVICE.
This Agreement incorporates any current or future order(s) for Robinapp Services (collectively, “Order”) submitted online or in written or electronic form between the parties after the Effective Date and until the last expired Order (“Term”). Each order will specify the service period, or if not shall default to mean each calendar month (“Service Period”).
Customer agrees not to attempt to, nor allow any third party to: (i) copy or make derivative works of the RobinApp Services, expand the rights of access or use beyond the Order, or make the RobinApp Services available to any third party via sublicense, rent service bureau or time sharing basis, (ii) decompile, reverse engineer, or disassemble the RobinApp Services or otherwise attempt to reconstruct or discover any source code, underlying ideas or algorithms of the RobinApp Services; (iii) disclose or publish, without RobinApp’s express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the RobinApp Services; (iv) use the RobinApp Services to develop a competitive product offering promote or support any product or service that is competitive with the RobinApp Services; (v) attempt to gain unauthorized access to the RobinApp Services, including access to other RobinApp customer’s data; (vi) remove any identification, patent, trademark, copyright, or other notice from the RobinApp Services; (vii) interfere with or disrupt the integrity or performance of the RobinApp Services, or unreasonably burden the infrastructure utilized by RobinApp to deliver the RobinApp Services; (viii) use the RobinApp Services including the transmission of Customer Data, in any manner that violates any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency or political subdivision, whether federal, state, local, or foreign; (ix) use, reproduce, distribute, or permit others to use, reproduce, or distribute any RobinApp Confidential Information for any purpose other than as explicitly specified in this Agreement; or (x) utilize RobinApp’s sandbox environment for commercial use, use in an app store or app marketplace, or in a manner that is noncompliant with the restrictions set forth by RobinApp.
Data Generally. All account and billing information, and all data and information which the Customer inputs into the Service (collectively, “Customer Data”) will not be used by RobinApp except as permitted herein. RobinApp agrees to protect Customer Data with no less than reasonable and appropriate administrative, technical, and physical data security safeguards taking into account the nature and sensitivity of the data. Customer hereby grants to RobinApp a limited, non-exclusive, non-transferable, royalty-free right to use, reproduce, manipulate, and display the Customer Data solely in connection with providing the Service to Customer, and improving, developing and marketing the Service (provided that RobinApp may only use deidentified or aggregated Customer Data to improve, develop and market the Service). RobinApp may analyze Customer Data, and data of other customers, to create deidentified or aggregated statistics or data that do not identify Customer or any individual, household, user, browser, or device and RobinApp may during and after the Subscription Term use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, Customer shall be solely responsible for providing, updating, uploading, and maintaining all Customer Data. The content of Customer Data shall be Customer’s sole responsibility.
Additional Customer Responsibilities. Customer shall not upload or otherwise make available to RobinApp any Customer Data that: (a) constitutes an infringement, misappropriation, or violation of any intellectual property rights, proprietary rights, rights of publicity, rights of privacy or any other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases or contract rights; (b) violates this Agreement; (c) is unlawful or violates any applicable laws, rules, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise illegal in any way; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment; (e) interferes with or disrupts the Service or servers or networks connected to the Service; (f) constitutes protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or any regulation, rule or standards issued thereunder, or constitutes similarly protected sensitive personal information under any applicable law, rule or regulation; (g) is harmful to minors in any way; (h) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (i) causes RobinApp to violate any applicable law, rule or regulation, including those regarding the export of technical data. RobinApp reserves the right, but has no obligation, to review any Customer Data, investigate any claim related to Customer Data, or take appropriate action against Customer in its sole discretion if Customer Data creates any liability for RobinApp. Such actions may include removing or modifying Customer Data, exercising any indemnity and termination rights contained herein, and reporting such Customer Data to law enforcement authorities. Without limiting the foregoing, RobinApp will not be held liable to Customer or any third party for any Customer Data under a Federal Law called the Communications Decency Act or CDA, 47 U.S.C. § 230.