Effective date: July 1st, 2019
Last update: May 10th, 2021
These Terms of Use (“Terms”) govern your usage ("Usage") of the software services (“Services”) offered by Trestle Labs (“we”, “ us”, “our” or “Trestle Labs”) including but not limited to Kibo Android application, Kibo iOS application, Kibo Desk Web application, Kibo XS Web application, Trestle Labs Store and Trestle Labs website. Please read these Terms carefully before using our Services. By accessing or using our Services, it is understood that you agree to be legally bound by these terms of use ("Terms of Use") as set out on this page. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use our Services. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
These "Terms of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
BASIC TERMS
1. Under the age of 16, you must have parental consent to use our Services.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via our Services.
3. You agree that you will not solicit, collect or use the login credentials of other Service users.
4. Other than as expressly set out in these terms or additional terms, we don’t make any commitments about the content within our Services, the specific function of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
5. To the extent permitted by law, we exclude all warranties for our Services.
6. You must not post private or confidential information via our Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use our Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, national, local and provincial) applicable to your use of the Services and your Content (defined below), including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Services.
9. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Trestle Labs.
10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any of us or users of our Services.
11. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Services’ page is rendered or displayed in a user's browser or device.
12. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
13. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use or any other terms and policies of Trestle Labs.
14. Violation of these Terms of Use may, in our sole discretion, result in termination of your Services accounts. You understand and agree that we cannot and will not be responsible for the Content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Services to you.
GENERAL TERMS
1. We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Services or deactivate your account, metadata related to your usage will no longer be accessible through your account but may continue to persist in our Database. In all cases, the data/content that you scan, upload or access using our Services will never persist in our Database as specified in our Privacy Policy
2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease
3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms
4. We reserve the right to refuse access to the Services to anyone for any reason at any time
5. There may be links from the Services, or from communications you receive from the Services, to third-party web sites or features. We do not control any of these third-party web Services or any of their content. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party Services or features
6. You agree that you are responsible for all data charges you incur through use of the Services
7. You agree that there is no legal or contractual relationship or obligation between you and Trestle Labs for whatever reason by using the Services.
RIGHTS
1. We do not claim ownership of any User Content that you scan, upload or access using our Services. For more details, you can check our Privacy Policy, available here https://trestlelabs.com/privacy
2. You also acknowledge that we may use your email address and other identifiable information you provide during sign up to periodically communicate with you through newsletters or any other electronic campaigns.
3. You represent and warrant that:
i) you own the Content posted by you on or through the Service;
ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
4. The Services contain content owned or licensed by Trestle Labs (“Trestle Labs Content”). Trestle Labs Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Trestle Labs, Trestle Labs owns and retains all rights in the Trestle Labs Content and the Services. You will not remove, alter or conceal any copyright, trademark, Services’ mark or other proprietary rights notices incorporated in or accompanying Trestle Labs Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Trestle Labs Content.
5. The Services’ name and logo are trademarks of Trestle Labs, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trestle Labs. In addition, all page headers, custom graphics, button icons and scripts are Services’ marks, trademarks of Trestle Labs, and may not be copied, imitated or used, in whole or in part, without prior written permission from Trestle Labs.
6. Although it is our intention that the Services are up and running always, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, we reserve the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Trestle Labs will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
7. You agree that Trestle Labs is not responsible for, and does not endorse, Content posted within the Service. Trestle Labs does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
8. As described in our Privacy Policy, available at https://trestlelabs.com/privacy, as between you and us, any Content that you scan/upload on the services will be not disclosed, unless specified otherwise in the Privacy Policy.
9. It is our policy not to accept or consider ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited ideas, and take no responsibility for any ideas so transmitted. If, despite our policy, you choose to send us ideas, suggestions, or other materials, you further agree that we are free to use any such ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Services, without any liability or payment of any kind to you.
REPORTING COPYRIGHT AND OTHER IP VIOLATIONS
We respect other people's rights, and expect you to do the same. If you repeatedly infringe other people's intellectual property rights, we will disable your access to the Services.
DISCLAIMER OF WARRANTIES
The Services, including, without limitation, are provided on an "as is", "as available" and "with all faults" basis to the fullest extent permissible by law. Trestle Labs does not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Services; (b) the Trestle Labs Content; (c) The User Content; or (d) security associated with the transmission of information to Trestle Labs or via the Services. In addition, Trestle Labs hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. Trestle Labs does not represent or warrant that the Services will be error-free or uninterrupted; that defects will be corrected; or that the Services or the server that makes the Services available is free from any harmful components, including, without limitation, viruses. Trestle Labs does not make any representations or warranties that the information (including any instructions) on the Services is accurate, complete, or useful. You acknowledge that your use of the Services is at your sole risk. Trestle Labs does not warrant that your use of the Services is lawful in any particular jurisdiction, Trestle Labs specifically disclaims such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use. By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services. Trestle Labs does not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
INDEMNIFICATION
You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Trestle Labs’ request), indemnify and hold Trestle Labs harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf):
i) Your Content or your access to or use of the Services;
ii) Your breach or alleged breach of these Terms of Use;
iii) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
iv) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
v) Any misrepresentation made by you. You will cooperate as fully required by Trestle Labs in the defense of any claim. Trestle Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Trestle Labs.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Trestle Labs must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
These Terms of Use are governed by and construed in accordance with the laws of India. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Trestle Labs exclusively in a court located in Bengaluru, India, and to submit to the personal jurisdiction of the courts located in India for the purpose of litigating all such disputes. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Trestle Labs’ failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Trestle Labs reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Trestle Labs.
ENTIRE AGREEMENT
If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Trestle Labs and governs your use of the Services, superseding any prior agreements between you and Trestle Labs. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Trestle Labs. Any purported assignment or delegation by you without the appropriate prior written consent of Trestle Labs will be null and void. Trestle Labs may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
GEOGRAPHICAL RESTRICTIONS
The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Trestle Labs to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Services or other feature that Trestle Labs provides. The effective date of these Terms of Use is July 1st, 2019. These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.