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This page contains a lot of legalese pertaining to policies and terms. It’s all very formal but everything here is guided by the following principles:
* Your data is safe.
* You own your data.
* Stability and uptime of the Graphcool cloud platform are paramount.
* Prisma is built by developers for developers. We will strive to make every interaction with Prisma an easy and painless experience.
1.1 Your use of the Prisma service is governed by this agreement (the “Terms”). “Prisma” means Prisma, Inc and its subsidiaries or affiliates involved in providing the Prisma Service. The “Prisma Services” means the services Prisma makes available through this website, including this website, the Graphcool cloud computing platform, the Prisma API, the Prisma Add-ons, and any other software or services offered by Prisma in connection to any of those.
1.2 In order to use the Prisma Services, you must first agree to the Terms. You can agree to the Terms by actually using the Prisma Services. You understand and agree that Prisma will treat your use of the Prisma Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Prisma Services if you are a person barred from receiving the Prisma Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Prisma Services. You affirm that you are over the age of 13, as the Prisma Services may not be used by children under 13.
1.4 You agree your purchases of Prisma Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Prisma or any of its affiliates regarding future functionality or features.
2.1 You must provide accurate and complete registration information any time you register to use the Prisma Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Prisma immediately.
2.2 Your use of the Prisma Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Prisma Services by any means other than through the interface that is provided by Prisma in connection with the Prisma Services, unless you have been specifically allowed to do so in a separate agreement with Prisma, or (b) engage in any activity that interferes with or disrupts the Prisma Services (or the servers and networks which are connected to the Service).
2.4 You may use the Prisma Services only to develop and run applications on the Prisma infrastructure. You may not access the Prisma Services for the purpose of bringing an intellectual property infringement claim against Prisma or for the purpose of creating a product or service competitive with the Prisma Services.
3.1 You agree to comply with the Prisma Acceptable Use Policy available at acceptable use policy (the “Acceptable Use Policy”) which is incorporated herein by this reference and which may be updated from time to time.
3.2 The Prisma Services shall be subject to the [privacy policy](#privacy-policy). You agree to the use of your data in accordance with Prisma’s privacy policies.
3.3 You agree that you will protect the privacy and legal rights of the End Users of your application. You must obtain any consents required by applicable data protection laws and provide legally adequate privacy notice, access, and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the End Users aware that the information will be available to your application and to Prisma.
4.1 Subject to the Terms, the Prisma Services are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://www.graph.cool/pricing (or such URL as Prisma may provide).
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Prisma fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Prisma incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Prisma’s measurements of your use of the Prisma Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Prisma and only in the form of credit for the Prisma Services. Nothing in these Terms obligates Prisma to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Prisma may be shared by Prisma with companies who work on Prisma’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Prisma and servicing your account. Prisma may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Prisma shall not be liable for any use or disclosure of such information by such third parties. Prisma reserves the right to discontinue the provision of the Prisma Services to you for any late payments.
4.3 Prisma may change its fees and payment policies for the Prisma Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Prisma may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.4 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the Prisma Services in a manner intended to avoid incurring fees.
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Prisma Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the Prisma Services and any source code written by you to be used with the Prisma Services (collectively, “Applications”).
5.2 Prisma reserves the right (but shall have no obligation) to remove any or all Content from the Prisma Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Prisma. In the event that you elect not to comply with a request from Prisma to take down certain Content, Prisma reserves the right to directly take down such Content or to disable Applications.
5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user’s account on your Application. Prisma reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 You agree that you are solely responsible for (and that Prisma has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Prisma Services and for the consequences of your actions (including any loss or damage which Prisma may suffer) by doing so.
5.5 You agree that Prisma has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6.1 You acknowledge and agree that Prisma (or Prisma’s licensors) own all legal right, title and interest in and to the Prisma Services, including any intellectual property rights which subsist in the Prisma Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, Prisma acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Prisma Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Prisma, you agree that you are responsible for protecting and enforcing those rights and that Prisma has no obligation to do so on your behalf.
7.1 Prisma grants you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Prisma as part of the Prisma Services as provided to you by Prisma. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Prisma Services as provided by Prisma, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Prisma Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Prisma, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Prisma Services or any applications running on the Prisma Services; or (c) use the Prisma Services in any way that may subject the Prisma Services to any obligations under any open source software license, including, without limitation any license which imposes any obligation or restriction with respect to Prisma’s patent or other intellectual property rights in the Prisma Services.
7.3 Open source software licenses for components of the Prisma Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Prisma for the use of the components of the Prisma Services released under an open source license.
8.1 Prisma claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Prisma Services you give Prisma a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Prisma to provide you with the Prisma Services. Furthermore, by creating an Application through use of the Prisma Services, you give Prisma a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Prisma to provide you with the Prisma Services.
8.2 By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Prisma Services functionality or features for the sole purpose of collaborating on development of the Application(s).
8.3 You may choose to or we may invite you to submit comments or ideas about the Prisma Services, including without limitation about how to improve the Prisma Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Prisma under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that Prisma, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Prisma Services.
9.1 Prisma is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Prisma Services which Prisma provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Prisma Services will be effective with respect to all versions of the Prisma Services; examples of changes to the form and nature of the Prisma Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
9.2 You may terminate these Terms at any time by canceling your account on the Prisma Services. You will not receive any refunds if you cancel your account.
9.3 You agree that Prisma, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Prisma Services may be without prior notice, and you agree that Prisma will not be liable to you or any third party for such termination.
9.4 You are solely responsible for exporting your Content and Application(s) from the Prisma Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
9.5 Upon any termination of the Prisma Services or your account these Terms will also terminate, but Sections 6.1, 9, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 13, SHALL EXCLUDE OR LIMIT Prisma’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Prisma SERVICE IS AT YOUR SOLE RISK AND THAT THE Prisma’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
10.3 Prisma, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE Prisma’S SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Prisma’S, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE Prisma’S SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE Prisma’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE Prisma’S SERVICES WILL BE ACCURATE.
11.1 SUBJECT TO SECTION 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Prisma, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
11.2 THE LIMITATIONS ON Prisma’S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT Prisma HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
