These Terms & Conditions ("Terms") govern access to and use of the Cairn Signal asset management software and related services (the "Service") provided by Cairn Signal ("Cairn Signal," "we," "us," or "our"). By accessing or using the Service, you ("you" or "Authorized User") agree to these Terms. If you use the Service on behalf of an organization ("Customer"), you represent that you are authorized to accept these Terms for that organization.
Subject to these Terms and any applicable Master Agreement, Cairn Signal grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service for the Customer's internal business purposes during the license term. All rights not expressly granted are reserved.
Access is by invitation and requires an individual account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to notify us or your administrator promptly of any unauthorized use. Accounts may not be shared, and credentials may not be transferred.
You agree not to: (a) access or use the Service except as permitted; (b) upload content you do not have the right to upload; (c) attempt to gain unauthorized access to any part of the Service or its infrastructure; (d) reverse engineer, decompile, or copy the Service or its software except as permitted by law; (e) interfere with or disrupt the integrity or performance of the Service; (f) use the Service to store or transmit malicious code; or (g) use the Service in violation of applicable law.
As between the parties, the Customer owns all Customer Content. The Customer grants Cairn Signal a limited license to host, process, transmit, and display Customer Content solely to provide and support the Service. The Customer is responsible for the accuracy of Customer Content and for having all rights and permissions necessary to upload it, including any personal information about third parties (such as residents), and for handling that information in compliance with applicable law.
Cairn Signal and its licensors own all right, title, and interest in and to the Service, including all software, designs, and trademarks (including the Cairn Signal name and logo). These Terms do not transfer any ownership in the Service to the Customer or Authorized Users.
Each party may access confidential information of the other. Each party agrees to protect the other's confidential information with reasonable care and to use it only as necessary to exercise rights and perform obligations under these Terms.
The Service relies on third-party providers, including Google Firebase / Google Cloud Platform and an email delivery provider. Your use of the Service may be subject to those providers' terms, and Cairn Signal is not responsible for third-party services outside its control.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CAIRN SIGNAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAIRN SIGNAL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. CAIRN SIGNAL'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The Customer agrees to indemnify and hold harmless Cairn Signal from claims, damages, and expenses arising out of the Customer Content or the Customer's or its Authorized Users' use of the Service in violation of these Terms or applicable law.
These Terms apply while you have access to the Service. We may suspend or terminate access for violation of these Terms or as set out in any Master Agreement. Upon termination, the right to access the Service ceases, and Customer Content will be handled in accordance with the applicable Master Agreement and our Privacy Policy.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, except where a Master Agreement provides otherwise.
We may modify these Terms from time to time. Material changes will be indicated by updating the effective date above. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms may be directed to Cairn Signal at legal@cairnsignal.com.