Terms and Services
This page contains a lot of legalese pertaining to our policies and terms. It's all very formal but everything here is guided by the following principles:
- We deliver the platform. You own your data.
- Stability and uptime of our platform are paramount.
- We strive to make every interaction with our platform and OneWhitePixel an easy and painless experience.
If you have any questions, please don't hesitate to contact us at firstname.lastname@example.org. An always up-to-date and detailed copy of our policies and terms can be found right here at athens.onewhitepixel.com/terms-and-services.
These articles are inspired by the policies of similar popular and trusted services like Google App Engine, Heroku, and Parse. The original works have been modified. OneWhitePixel is not affiliated with or sponsored by Google, Heroku, and Parse.
- Terms of Service
- Acceptable Use
OneWhitePixel offers limited free technical support to all applications running on the OneWhitePixel platform. Free support is best effort and has no guaranteed response time. In order to provide the best support possible, we limit the scope and channels as outlined in this policy.
1.1 Support Scope
OneWhitePixel's free Support offering is available only for active subscribers, official applications, command centers or APIs provided by OneWhitePixel and is included in our standard pricing plans. Before contacting us for support, please make sure any (mobile) devices and/or browsers you use have been updated with the latest official manufacturer firmwares and software updates. Our free Support is limited to the following:
- Installation and configuration of apps, command center instances and APIs
- General questions about our apps, command center instances and APIs
- Providing workarounds or resolutions for known problems
- Answering general how-to questions, and providing pointers to documentation
OneWhitePixel does not offer support for the following:
- Implementation of and rewriting platform code for compatibility with systems other than our official apps, command center instances and APIs.
- Modifying and/or patching third party or Open Source software packages for compatibility with our platform.
1.2 Official Support Channels
Free technical support is available exclusively by posting your questions to our account-based support environment or designated e-mail address.
1.3 Unofficial Support Channels
OneWhitePixel team members participate in the following community channels at OneWhitePixel's discretion. There is no guarantee of response for support issues unless they are submitted through one of the official channels above.
- Twitter via @OneWhitePixel
1.4 Proactive Monitoring
The OneWhitePixel platform infrastructure is monitored 24x7 by comprehensive automated systems at our supplier. In the event of any issue affecting the health and operation of OneWhitePixel's infrastructure, core systems, or tools, a dedicated operations team will be notified and will respond immediately to diagnose and, if possible, correct any issues. This monitoring covers all of our platform customers.
1.5 Premium Support
Please contact us at email@example.com if you'd like to discuss additional services and fee structures for Premium Support with guarantees on response time and availability.
Any included pre-paid amount of 'adjustments' or other specified changes to your product are limited to the areas specified on our website and/or in the project definition materials we provide to you before registration or payment.
We enable our customers to focus on interacting with their user-base and collecting relevant data without worrying about infrastructure, scaling, security and daily operations. We do our best to protect customers from threats by employing strict security controls at every layer from physical to application level.
2.1 Data Center Security Assessments and Compliance
Our platform’s physical infrastructure is hosted and managed within Amazon’s secure data centers and utilize the Amazon Web Service (AWS) technology. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards. Amazon’s data center operations have been accredited under:
- ISO 27001
- SOC 1/SSAE 16/ISAE 3402 (Previously SAS 70 Type II)
- PCI Level 1
- FISMA Moderate
- Sarbanes-Oxley (SOX)
For additional information and specifications please visit: AWS Security Center
2.2 Access to Customer Data
OneWhitePixel staff does not access or interact with customer data or applications as part of normal operations. There may be cases where OneWhitePixel is requested to interact with customer data or applications at the request of the customer for support purposes or where required by law. OneWhitePixel may also inspect customer data to debug and troubleshoot platform issues.
3. Terms of Service
3.1 Your Agreement with OneWhitePixel
3.1.1 Your use of the OneWhitePixel services is governed by this agreement (the "Terms"). OneWhitePixel is a registered company in (1) the Netherlands, Europe, with the national Dutch Chamber of Commerce (KvK) and (2) The United States, North America, with the State Corporation Commission of the Commonwealth of Virginia. The “OneWhitePixel Services” means the products and services OneWhitePixel makes available through their platform, including any website(s), cloud services, applications, command center instances, APIs and any other software or services offered by OneWhitePixel in connection to any of those.
3.1.2 In order to use the OneWhitePixel Services, you must first agree to the Terms. You understand and agree that OneWhitePixel will treat your use of the OneWhitePixel Services as acceptance of the Terms from that point forward.
3.1.3 You may not use the OneWhitePixel Services if you are a person barred from receiving the OneWhitePixel Services under the laws of the United States, the Netherlands or other countries, including the country in which you are resident or from which you use the OneWhitePixel Services. You affirm that you are over the age of 13, as the OneWhitePixel Services are not intended for children under 13.
3.1.4 You agree your purchases of OneWhitePixel Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by OneWhitePixel or any of its affiliates regarding future functionality or features.
3.1.5 You understand that any delay in delivery of necessary design input, program registrations (e.g. Apple Developer Account) or other source materials needed for us to finish your product could lead to delayed test, submission and/or launch deadlines of your application and/or accompanying services.
3.2 Your Account and Use of the OneWhitePixel Services
3.2.1 You must provide accurate and complete registration information any time you register to use the OneWhitePixel 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 OneWhitePixel immediately.
3.2.2 Registering for, gaining access to or using any of the OneWhitePixel Services by any automated method or process (e.g. “bots”), other than according to OneWhitePixel’s official API documentation or official applications, is not permitted. API (Application Programming Interface) access is limited to registered clients with active subscription plans and the persons they appoint. Any potential fraudulent use of the API might have your API access revoked for the full duration of your remaining subscription time.
3.2.3 Customers who purchase, use, and deploy any of the OneWhitePixel Services, technology or technical data purchased hereunder, assume sole responsibility for complying with all applicable national, regional and local laws and regulations and for obtaining any required authorizations. OneWhitePixel may suspend all or any of the OneWhitePixel Services if a customer is in violation of applicable regulations.
3.2.4 You agree not to (a) access (or attempt to access) the administrative interface of the OneWhitePixel Services by any means other than through the interface that is provided by OneWhitePixel in connection with the OneWhitePixel Services, unless you have been specifically allowed to do so in a separate agreement with OneWhitePixel, or (b) engage in any activity that interferes with or disrupts the OneWhitePixel Services (or the servers and networks which are connected to the Service).
3.2.5 You may use the OneWhitePixel Services only to monitor, control and maintain your application account using the provided interfaces. You may not access the OneWhitePixel Services for the purpose of bringing an intellectual property infringement claim against OneWhitePixel or for the purpose of creating a product or service competitive with the OneWhitePixel Services.
3.3 Service Policies
3.3.1 You agree to comply with the OneWhitePixel Acceptable Use Policy as provided in section 4, which is incorporated herein by this reference and which may be updated from time to time.
3.4 Fees for Use of the OneWhitePixel Services
3.4.1 Subject to the Terms, the OneWhitePixel Services is provided to you without any additional charges up to certain limits. Usage over this limit requires your purchase of additional resources or services. Pricing information for additional resources and services is included in our pricing plans and can be delivered upon request. Your available monthly resources will be reset each month to the amounts specified in our pricing plans. Yearly resources will be reset each year to the amounts specified in our pricing plans.
3.4.2 The OneWhitePixel Services are non-refundable and billed in advance on a yearly basis unless agreed upon otherwise in a custom additional agreement. Additional resources, as specified in our pricing plans, will be billed monthly if the specified limits have been exceeded. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Without a prior notice of termination, you will automatically be invoiced to renew your subscription at least thirty (30) days before your current plan expires.
3.4.3 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
3.4.4 OneWhitePixel may change its fees and payment policies for the OneWhitePixel Services by notifying you at least fifteen (15) days before the beginning of a new 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 OneWhitePixel may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
3.4.5 You may not purchase multiple accounts to simulate or act as a single application or otherwise access the OneWhitePixel Services in a manner intended to avoid incurring fees.
3.4.6 Downgrading your services may cause the loss of content, features, or capacity of your account. OneWhitePixel does not accept any liability for such loss.
3.5 Content on the OneWhitePixel Services and Take Down Obligations
3.5.1 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 OneWhitePixel 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 Content you originally create yourself using the OneWhitePixel Services.
3.5.2 OneWhitePixel reserves the right (but shall have no obligation) to remove any or all Content from the OneWhitePixel Services. You agree to immediately take down any Content that violates the Acceptable Use Policy as defined in Section 4 of this document including pursuant to a take down request from OneWhitePixel. In the event that you elect not to comply with a request from OneWhitePixel to take down certain Content, OneWhitePixel reserves the right to directly take down such Content or to terminate its services.
3.5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately inform OneWhitePixel. OneWhitePixel reserves the right to disable accounts, and individual users, in response to a violation or suspected violation of the Acceptable Use Policy.
3.5.4 You agree that you are solely responsible for (and that OneWhitePixel 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 OneWhitePixel Services and for the consequences of your actions (including any loss or damage which OneWhitePixel may suffer) by doing so.
3.5.5 You agree that OneWhitePixel 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 Content.
3.6 Proprietary Rights
3.6.1 You acknowledge and agree that OneWhitePixel (or OneWhitePixel's licensors) own all legal right, title and interest in and to the OneWhitePixel Services, including any intellectual property rights which subsist in the OneWhitePixel Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
3.6.2 Except as provided in Section 3.8, OneWhitePixel acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the OneWhitePixel Services, including any intellectual property rights which subsist in that Content (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 OneWhitePixel, you agree that you are responsible for protecting and enforcing those rights and that OneWhitePixel has no obligation to do so on your behalf.
3.7 License from OneWhitePixel and Restrictions
3.7.1 OneWhitePixel gives you a worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the software provided to you by OneWhitePixel as part of the OneWhitePixel Services as provided to you by OneWhitePixel. This license is for the sole purpose of enabling you to use and enjoy the benefit of the OneWhitePixel Services as provided by OneWhitePixel, in the manner permitted by the Terms.
3.7.2 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 OneWhitePixel 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 OneWhitePixel, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the OneWhitePixel Services or any applications running on the OneWhitePixel Services.
3.7.3 Open source software licenses for components of the OneWhitePixel 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 OneWhitePixel for the use of the components of the OneWhitePixel Services released under an open source license.
3.8 License from You
3.8.1 OneWhitePixel claims no ownership or control over any Content. You retain copyright and any other rights you already hold in the Content, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the OneWhitePixel Services you give OneWhitePixel 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 OneWhitePixel to provide you with the OneWhitePixel Services.
3.8.2 By adding an administrator to your OneWhitePixel Services account, 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 Content as permitted by the relevant OneWhitePixel Services functionality or features for the sole purpose of collaborating on OneWhitePixel Services.
3.8.3 You may choose to or we may invite you to submit comments or ideas about the OneWhitePixel Services, including without limitation about how to improve the OneWhitePixel Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place OneWhitePixel 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.
3.8.4 You agree that OneWhitePixel, 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 OneWhitePixel Services unless specifically agreed upon otherwise.
3.9 Modification and Termination of the OneWhitePixel Services
3.9.1 OneWhitePixel 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 OneWhitePixel Services which OneWhitePixel provides may change from time to time without prior notice to you, subject to the terms in Section 3.4.3. Changes to the form and nature of the OneWhitePixel Services will be effective with respect to all versions of the OneWhitePixel Services; examples of changes to the form and nature of the OneWhitePixel Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
3.9.2 You may terminate these Terms at any time by canceling your account with thirty (30) days advanced notice. You will not receive any refunds if you cancel your account and effective cancellation of the Terms will only take effect upon confirmation of your cancellation by OneWhitePixel.
3.9.3 You agree that OneWhitePixel, 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 OneWhitePixel Services may be without prior notice, and you agree that OneWhitePixel will not be liable to you or any third party for such termination.
3.9.4 You are solely responsible for exporting your Content from the OneWhitePixel 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 with a maximum of thirty (30) days.
3.9.5 Upon any termination of the OneWhitePixel Services or your account these Terms will also terminate, but Sections 3.6.1, 3.9, 3.10, 3.11, 3.12, and 3.16 shall continue to be effective after these Terms are terminated.
3.10 EXCLUSION OF WARRANTIES
3.10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 4.10 AND 4.13, SHALL EXCLUDE OR LIMIT ONEWHITEPIXEL'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
3.10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ONEWHITEPIXEL SERVICE IS AT YOUR SOLE RISK AND THAT THE ONEWHITEPIXEL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
3.10.3 ONEWHITEPIXEL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE ONEWHITEPIXEL SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONEWHITEPIXEL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE ONEWHITEPIXEL SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE ONEWHITEPIXEL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE ONEWHITEPIXEL SERVICES WILL BE ACCURATE.
3.11 LIMITATION OF LIABILITY
3.11.1 SUBJECT TO SECTION 3.10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONEWHITEPIXEL, 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.
3.11.2 THE LIMITATIONS ON ONEWHITEPIXEL'S LIABILITY TO YOU IN PARAGRAPH 3.11.1 ABOVE SHALL APPLY WHETHER OR NOT ONEWHITEPIXEL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
3.12.1 You agree to hold harmless and indemnify OneWhitePixel, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "OneWhitePixel and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the OneWhitePixel Services, (c) your violation of applicable laws, rules or regulations in connection with the OneWhitePixel Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, OneWhitePixel will provide you with written notice of such claim, suit or action.
3.13 Copyright Policy
3.13.1 We have set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is OneWhitePixel's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your OneWhitePixel Services or, if necessary, the Services itself upon receipt of a valid DMCA notice.
3.14 Other Content
3.14.1 The OneWhitePixel Services may include hyperlinks to other web sites or content or resources or email content. OneWhitePixel may have no control over any web sites or resources which are provided by companies or persons other than OneWhitePixel.
3.14.2 You acknowledge and agree that OneWhitePixel is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
3.14.3 You acknowledge and agree that OneWhitePixel is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
3.15 Changes to the Terms
3.15.1 OneWhitePixel may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least fifteen (15) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
3.15.2 You understand and agree that if you use the OneWhitePixel Services after the date on which the Terms have changed, OneWhitePixel will treat your use as acceptance of the updated Terms.
3.16 General Legal Terms
3.16.1 The Terms constitute the whole legal agreement between you and OneWhitePixel and govern your use of the OneWhitePixel Services (but excluding any services which OneWhitePixel may provide to you under a separate written agreement), and completely replace any prior agreements between you and OneWhitePixel in relation to the OneWhitePixel Services.
3.16.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
3.16.3 If OneWhitePixel provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
3.16.4 You agree that OneWhitePixel may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or by clearly marked postings on the OneWhitePixel Services. By providing OneWhitePixel your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
3.16.5 You agree that if OneWhitePixel does not exercise or enforce any legal right or remedy which is contained in the Terms (or which OneWhitePixel has the benefit of under any applicable law), this will not be taken to be a formal waiver of OneWhitePixel's rights and that those rights or remedies will still be available to OneWhitePixel.
3.16.6 OneWhitePixel shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, labor conditions, power failures, and Internet disturbances.
3.16.7 These Terms of Service and any dispute arising in connection with these Terms of Service will be governed by the laws of (1) the state of Virginia, United States of America, for orders placed in the Americas, or (2) the Netherlands, for orders placed in Europe or any other unspecified location.
3.16.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the OneWhitePixel Services upon written notice to the assigning party.
4. Acceptable Use
Your use of the Service is subject to this Acceptable Use Policy. OneWhitePixel reserves the right to terminate your account and cease all service if you are found to be in violation of this policy. We may change these policies at any time. It is your responsibility to keep up-to-date with and adhere to them. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
4.1 Prohibited Content
The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:
- Content that infringes a third party's rights (e.g., copyright) according to applicable law;
- Excessively profane content;
- Hate-related or violent content;
- Content advocating racial or ethnic intolerance;
- Content intended to advocate or advance computer hacking or cracking;
- Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
- Drug paraphernalia;
- Malicious content;
- Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
4.2 Prohibited Actions
Customer agrees not to, and not to allow third parties (including End Users) to use the Service:
- to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act);
- to engage in, promote or encourage illegal activity
- for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- to interfere with the use of the Services, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users;
- to disable, interfere with or circumvent any aspect of the Service;
- to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”)