Last Updated: October 26, 2023
Welcome to the Matterbeam, Inc. ("Matterbeam", "we", or "us") website and data agility platform that makes it easier and faster for organizations to get more out of their data (collectively, the "Service"). The Service enables visitors and registered users ("Users," "you" or "your") to collect, transform, and emit their data.
Matterbeam may modify the Terms from time to time and each modification will be effective when it is posted on the Service. You agree to be bound to any changes to the Terms through your continued use of the Service.
Each User hereby warrants that the User is either (a) an authorized employee, director, officer, agent or assign of a legitimate legal entity, or (b) an individual either more than 18 years of age, and User is fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
You do not need an account to access our publicly-facing website.
If you are a Matterbeam design partner, Matterbeam will allow you to create an account using our platform (your “Account”). To complete your account, we ask you to provide certain personal information such as your Company name, website, email address, other business contact information, and a brief description of your business services.
You are responsible for ensuring that any personal information you provide is accurate and up to date. Matterbeam reserves the right to verify the accuracy of the information you provide at any time. You are responsible for creating a username and a secure password and protecting your Account from unauthorized access. You agree to notify Matterbeam immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your Account.
The User acknowledges and agrees that:
(a) all video, images, information, data, text, software, music, sound, photographs, messages or other materials User uploads, collects, communicates or transmits using the Services (“Content”) are the sole responsibility of the User;
(b) the User owns or has the necessary licenses, rights, consents, and permissions to use and authorizes Matterbeam to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all Content User creates or uploads in accordance with these Terms;
You agree not to copy materials on the Service, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of the Service is at the discretion of Matterbeam and we may terminate your use of the Service at any time.
You will be held solely responsible for your conduct on and use of the Service. You agree that you will not use or attempt to use this Service for any purpose: that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract, that is any way unlawful or prohibited, that transmits any harmful or disabling computer codes, files, programs or viruses, that harvests e-mail addresses or personally identifiable information from Matterbeam, or that interferes with our network services or the proper working of the Service.
Matterbeam reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service.
Matterbeam does not own any data or information that you submit in the course of creating your Account or any Content that is provided by you or collected from your use of the Service.
We or our licensors own and retain all proprietary rights in the Service. Neither the Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Matterbeam, unless it is in the public domain. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of Matterbeam or our third-party service providers, and any unauthorized use terminates the permission to use the Service granted by Matterbeam.
Except for the Content, all content made available by Matterbeam to you on the Service, such as report formats, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Matterbeam or its content/software suppliers and protected by United States and international copyright laws. All software used on our website and platform is the property of Matterbeam or its software suppliers and protected by United States and international copyright laws.
You agree to indemnify and hold Matterbeam, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
WITH RESPECT TO ANY MESSAGING OR CHAT FUNCTIONALITY OF THE SERVICE (“MESSAGE”), MATTERBEAM DOES NOT ACCEPT ANY LIABILITY FOR ANY DIRECT, CONSEQUENTIAL OR OTHER LOSS ARISING FROM RELIANCE ON THE CONTENTS OF THE INFORMATION CONTAINED WITHIN SUCH MESSAGE.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, MATTERBEAM MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. MATTERBEAM EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE. FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY MATTERBEAM IN THIS AGREEMENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MATTERBEAM BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MATTERBEAM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO MATTERBEAM IN THE IMMEDIATELY PRECEDING TWELVE-MONTH PERIOD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Matterbeam may terminate or suspend your access to all or part of the Service, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.
Matterbeam operates the Service from its offices within the United States. The Services are designed for Users within the United States, and Matterbeam makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations.
These Terms are not assignable, transferable, or sublicensable by you except with Matterbeam’s prior written consent. Matterbeam may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
These Terms will be governed by and construed in accordance with the laws of The State of Massachusetts without regard to its conflict of laws provisions. Any action brought against Matterbeam to enforce these Terms or matters related to the Service will be brought in either the state courts or, if there is exclusive federal jurisdiction, the federal courts of Middlesex County, Massachusetts. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Matterbeam concerning your use of the Service.
Should you have any questions about these Terms, please contact us at firstname.lastname@example.org.