Last Updated: March 17, 2023
Prismatic Software Inc. ("Prismatic") operates the website at https://prismatic.io/ (the "Site") subject to these terms of use (the "Terms"). These Terms describe the rules for using the Site, including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and are legally binding between you, the person using this Site, and Prismatic. Terms such as "we," "our" and "us" refer to Prismatic. By accessing and using the Site, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Site. By continuing to use this Site after the Terms are updated and posted, you consent to any such updated version of these Terms.
Trial accounts for the Prismatic development platform with solutions and services to facilitate the development, hosting and delivery of software integrations (collectively the "Services") is also governed by these terms. Non-trial usage of the Services is subject to a separate agreement entered into between Prismatic and you (if applicable). To understand our practices regarding collection, use, and storage of information received through our Site, please read our Privacy Policy. Prismatic reserves the right to make changes to these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. By using Site after updated Terms are posted, you agree to be bound by such updated Terms.
Use of Site Content
The content on the Site is intended to provide general information about Prismatic and its affiliates and our projects and offerings. All content on the Site, including text, graphics, icons, logos, and images and their selection and arrangement (collectively "Site Content"), is the exclusive property of Prismatic or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Prismatic may, in its sole discretion, suspend or discontinue the Site or any Site Content at any time without notice. Prismatic gives you permission to access, download, display and print one copy of the Site Content for your personal or internal business use, provided that you do not modify any Site Content and that you retain all copyright and proprietary notices contained in the materials. You may not otherwise "mirror," reproduce, modify, distribute, transmit, post, or use the Site Content in any other media without Prismatic's prior written consent.
Intellectual Property
You acknowledge that, as between you and Prismatic, Prismatic owns all right, title, and interest, including all intellectual property rights, in and on the Site and, with respect to any third-party products made available through the Site, the applicable third-party, owns all right, title, and interest, including all intellectual property rights, in and to the third-party products.
Prismatic names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Prismatic. All rights are reserved. You are not authorized to use any Prismatic name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Prismatic. All other trademarks appearing in connection with the Site are the property of their respective owners.
The entire contents and design of the Site is protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Prismatic, are licensed to it, or are used with permission. Prismatic and its licensors, vendors or other service providers retain and reserve all proprietary rights to the contents of the Site.
Links to Third-Party Website
Our Site may provide links to third-party websites. Any links to third party websites do not constitute an endorsement for such sites or their content by Prismatic. The providers of any websites other than our Site are responsible for their websites and you should review and understand any terms of use and privacy policies that govern your use of the websites that you visit.
Additionally, if you access a non-Prismatic website that includes a Prismatic trademark, for example the website of a Prismatic partnering organization or client, please understand that such websites and their content are not controlled, operated or endorsed by Prismatic.
Disclaimers
While we strive to maintain the Site as accurate and up-to-date, the Site Content may include inaccurate or outdated information or information about Site or functionality that are no longer available. Prismatic does not warrant the accuracy or reliability of any statement or information made available on or through the Site.
THE SITE AND ALL SITE CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRISMATIC AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, ADEQUACY OF THE SITE, OR SITE CONTENT.
If you register for or create an account to use the Services for a limited trial, you may access and use the Services ("Trial") for the period stated when you register for the account, or if no time is stated, for thirty (30) days from the date access is granted. Prismatic is not obligated to provide any technical support with regard to a Trial account and all Trials are provided on an "AS-IS" basis. ANY DATA YOU ENTER OR THAT IS COLLECTED DURING YOUR TRIAL WILL NOT BE STORED OR AVAILABLE AFTER THE TRIAL ENDS.
Limitations of Liability
IN NO EVENT WILL PRISMATIC BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) LOSS OF GOODWILL OR REPUTATION; (iii) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA OR ORGANIZATION CONTENT, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PRISMATIC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PRISMATIC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $50. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold Prismatic, its parent and affiliate entities, and all of their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to arising out of or related to your breach of these Terms or your use or misuse of the Site Content or Site.
Dispute Resolution; Governing Law
These Terms are governed by and construed in accordance with the laws of South Dakota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the South Dakota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
General Terms
If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Terms shall remain enforceable. The failure to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
These Terms and the Privacy Policy constitute the sole and entire agreement between you and Prismatic regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Contact Information
If you have questions or comments about the Site or these Terms, please contact us as noted below:
Prismatic Software Inc.
5013 S Louise Ave #122
Sioux Falls, SD 57108
Email: info@prismatic.io
Phone: 888-305-5453
Updated on March 17, 2023. Made substantial changes throughout document.