Ignition Exchange - Terms & Conditions

Effective Date: September 19, 2019

Thanks for being a part of the Ignition Exchange Community. We are happy to have You join us. Ignition Exchange (the “Exchange”) allows us to partner with You to provide a robust forum to spotlight Your creativity, problem solving skills and imagination when using the Ignition platform to solve industrial control system problems.

These terms and conditions are the foundation that allows us to safely and legally provide the Exchange to our Ignition Community. Consequently, it is very important that You read, understand and are willing to abide by our Terms of Use Agreement (the “Agreement”) set out below before using the Exchange. For Your convenience, we have summarized the key provisions in the table below; however, to use our site, You must agree to all of the terms before You can access the Exchange.

 

A. Definitions

Summary: We use these terms throughout the Agreement. Each term’s meaning is set out below.

1. "Account" is the foundation of Your relationship with the Exchange and IA. As part of setting up Your “User Account”, You agree to be bound by the Terms of Use of the Exchange. This account also represents an individual User’s authorization to log in to and use the Exchange and serves as a User’s identity on the Exchange. A User can be a member of any number of Organization Accounts, defined below.

2. “Agreement” refers to all the terms, conditions, rights, duties and obligations contained in or referenced in this document (the “Terms of Use” or the "Terms") and all other operating rules, policies (including IA’s Privacy Statement, available at https://inductiveautomation.com/privacypolicy) and procedures that are published from time to time on the IA Website, including, but not limited to the Website’s general Terms of Use found here: https://inductiveautomation.com/termsofuse.

3. “Content” refers to content featured or displayed on the Exchange, including without limitation text, data, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Exchange.

4. “IA,” “We,” and “Us” refer to Inductive Automation, LLC, as well as our affiliates, managers, directors, subsidiaries, officers, agents and employees.

5. “Organization Accounts” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. Terms specific to the setting up and uploading of materials to an Organization Account must be accepted the first time any individual User uploads material to that account.

6. “Service” refers to the applications, software, products, and services provided by IA.

7. “Website” refers to IA’s website located at https://inductiveautomation.com/, and all content, services, and products provided by IA, including access to the Exchange, at or through the Website. It also refers to all IA-owned subdomains of inductiveautomation.com.

8. “ User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts.

9. “User-Generated Content” is Content, written or otherwise, created or uploaded by Exchange Users.

10. "Your Content" is Content that You create. If You post it to the “public” area of the Exchange, You will accept the MIT open source license as part of the process of uploading to that part of the Site. If You upload Your Content to Your private Account, You will have sole ownership and control over that Content.

 

B. Account Terms

Summary: User Accounts and Organization Accounts have different administrative controls. A human must create Your Account. You must be at least 13 years old to set up an account. You must provide us with a valid email address. You are responsible for Your Account and anything that happens while You are signed in to or using Your Account. You are responsible for keeping Your Account secure.

1. Account Controls

• Users. Subject to these Terms, You retain ultimate administrative control over Your User Account and any private Content within it.

• Organizations. The "owner" of an Organization Account has administrative control over that Organization Account and the Content within it. The “owner” is the human who sets up the account. An owner has the right to manage User access to the Organization’s data and projects. An Organization may have multiple Users, but there must be at least one User Account designated as an owner of an Organization. If You are the owner of an Organization under these Terms, we consider You responsible for the actions that are performed on or through that Organization Account.

2. Required Information

You must provide a valid email address in order to set up an IA account, which is a requirement to access the Exchange. If You intend to upload material to the Public area of the Exchange or are accepting the Terms on behalf of a legal entity, You must provide Your real name. We will also need additional information regarding the legal entity for any Organization Account.

3. Account Requirements

• You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.

• One person or legal entity may maintain no more than one free Account.

• You must be at least 13 years old to set up an Account. IA does not target the use of the Exchange to children under the age of 13. If we become aware of an Account set up by a User under the age of 13, we will terminate that User’s Account immediately. If You are a resident of a country outside the United States, Your country’s minimum age may be older; in such a case, You are responsible for complying with Your country’s laws.

• Your login may only be used by one person — i.e., a single login may not be shared by multiple people. An Organization Account may be shared with multiple Users, all of whom must be employed or contracted with the Organization.

• You may not use the Exchange in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use the Exchange if You are a Specially Designated National (SDN) or are working for an individual so designated by the U.S. government or if You are, or work for, a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. IA may allow persons in certain sanctioned countries or territories to access certain IA services pursuant to U.S. government authorizations.

4. User Account Security

• You are responsible for keeping Your Account secure while You use the Exchange.

• You are responsible for all Content posted by You and activity that occurs through Your Account.

• You are responsible for maintaining the security of Your Account and password. IA has no liability for any loss or damage from Your failure to comply with this security obligation.

• You will promptly notify IA if You become aware of any unauthorized use of, or access to, the Exchange through Your Account, including any unauthorized use of Your password or Account.

 

C. Acceptable Use

Summary: While using the Exchange, You must follow the rules set out below. They include, but are not limited to, certain restrictions on content You can post, Your conduct on the Exchange.

Your use of the Exchange must not violate any applicable laws, including, but not limited to, copyright, trademark, export control laws.

You are responsible for making sure that Your use of the Exchange complies with all applicable laws and regulations.

You agree that You will not under any circumstances violate our Acceptable Use Policies .

 

D. User-Generated Content

Summary: You own the content You create and upload to Your private User account. You agree to accept the open source license for all content You upload to the public portions of the Exchange and provide IA with certain rights to control the materials in the public domain. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content

You may create and upload User-Generated Content to the public domain, to Your private account or to an Organization’s account. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that You post, upload, link to or otherwise make available via the Exchange, regardless of the form of that Content.

2. IA May Remove Content

We do a very basic pre-screen User-Generated Content. We retain the right (though not the obligation) to refuse to post or to later remove any User-Generated Content that, in our sole discretion, violates our terms or policies.

3. Ownership of Content, Right to Post and License Grants

You retain ownership of and responsibility for the Content You post, including what You post in the Public domain. If You're posting anything You did not create Yourself or if You do not own the rights to something You intend to post, You agree that You are responsible for obtaining the rights to post that Content or for the consequences of posting Content You do not own or that You are not authorized to use or post. You agree that You will only submit Content that You have the right to upload to the Exchange.

Because You retain ownership of and responsibility for Your Content, in order to upload Content to the Public domain on the Exchange, You must grant to IA and to anyone who chooses to download Your Public Content certain legal permissions, which are set out in the open source license agreement found here. This license grants apply to all Content You upload to the Public domain of the Exchange and must be accepted for each upload to this section of the Exchange. You understand that You will not receive any payment for any of the rights granted to others by You through the license agreement. Once You upload Content to the Public portion of the Exchange, the right to use that Content is forever associated with that open source license and cannot be taken back by You.

4. License Grant

Content You upload to Your Private Account or to an Organization Account remains private and belongs solely to You or the Organization. With regard to that Content, You grant us and our legal successors the right to store Your Content and make incidental copies as necessary to operate the Exchange and our related Website. This includes the right to do things like copy it to our database and make backups; show it to You and, as it relates to Content uploaded to the Public domain, to other users. With regard to Content uploaded to the Public domain, parse it into a search index or otherwise analyze it on our servers and share it with other users.

5. Moral Rights

You retain all moral rights to Your Content that You upload, publish or submit to any part of the Exchange, including the rights of integrity and attribution. However, You waive these rights and agree not to assert them against us or our users as they relate to any Content uploaded to the Public domain and to which You agree to freely license for all to use at no charge under the applicable open source license discussed above.

To the extent this Agreement is not enforceable by applicable law, You grant IA the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

 

E. Private Accounts

Summary: You may set up a Private or Organization account. The Content uploaded to a personal Private Account or an Organization’s Account is treated as confidential, and we only access it for support reasons, with Your consent, or if required to for security reasons.

1. Control of Private Accounts

The default account setting for the Exchange is a Private Account, which allows the User to control what Content is included in that account. This can be an individual account or an Organization Account.

2. Confidentiality of Private Accounts

The Content of a Private Account is confidential to You. IA will protect the Content of all Private Accounts from unauthorized use, access or disclosure in the same manner that it protects its own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

IA employees may only access the content of Your Private Account in the following situations:

• With Your consent and knowledge, for support reasons.

• When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of the Exchange and/or the Website.

4. Exclusions

If we have reason to believe that Content in Your Private Account is in violation of the law or of these Terms, we have the right to access, review and remove that Content only. Additionally, we may be compelled by law to disclose the contents of Your Private Account.

F. Copyright Infringement and DMCA Policy

If You believe that content on the Exchange violates Your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If You are a copyright owner and You believe that content on the Exchange violates Your rights, please contact us via this web form There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, You must consider legal uses such as fair use and licensed uses.

We will terminate the account of repeat infringers of this policy.

G. Intellectual Property Notice

Summary: We own the Exchange and all of our posted Content. In order for You to use our Content, we give you certain rights to it, but You may only use our content in the way we have allowed.

1. IA's Rights to Content

IA retains ownership of all intellectual property rights of any kind related to the Exchange and our Website. We reserve all rights that are not expressly granted to You under this Agreement or by law. The look and feel of the Exchange and the Website is copyright © Inductive Automation, LLC. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements or concepts without express written permission from IA.

2. IA Trademarks and Logos

You may not use any of IA’s trademarks without our express written permission. Please contact marketing@ia.io if You have such a request and include which trademark You wish to use and for what purpose. IA shall decide, in its sole discretion, whether to grant that permission or not. Use of our trademarks without our express written permission is a violation of our intellectual property rights and may result in legal action being taken against You.

 

H. Cancellation and Termination

Summary: You may close your Account at any time.

1. Account Cancellation

It is Your responsibility to properly cancel Your Account with us. You can cancel Your Account at any time by contacting us at accountservices@ia.io.

2. Upon Cancellation

We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your Private Account within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.

We will not delete Content that you have contributed to the Public domain or to an Organization’s Account unless you are the Organization administrator and have the sole authority to cancel an Organization’s Account.

3. IA’s Right to Terminate Your Account

IA has the right to suspend or terminate Your access to all or any part of the Exchange at any time, with or without cause, with or without notice, effective immediately.

4. Survival

All provisions of this Agreement which by their nature should survive termination of the Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitation of liability and choice of law and venue.

 

I. Communications with IA

Summary: We use email and other electronic means to stay in touch with our Users.

1. Electronic Communication Required

For contractual purposes, You consent to receive communications from IA in electronic form via the email address You used when You set up Your account. You also agree that all Terms of Use, agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that the communications would satisfy if they were delivered to You in paper form. This section is not applicable to any rights that are non-waivable.

2. Legal Notice to IA Must Be in Writing

Communications with IA made through email do not constitute legal notice to IA or any of its officers, managers, employees, agents or representatives in any situation where notice to IA is required by contract or any law or regulation. Legal notice to IA must be in writing and served on IA’s legal agent as set forth in its required filing with the California Secretary of State’s office.

3. No Phone Support

IA only offers support related to anything posted on the Exchange via email. If the issue is related to Content posted in the Public domain, all questions should be sent to the author of the Content whose information is available with the Content. IA does not offer telephone support for the Exchange.

 

J. Disclaimer of Warranties

Summary: We are providing the Exchange for Your use “as is”, with no promises or guarantees related to the use of the Exchange by You. Please read this section carefully so that You understand what this means.

IA provides the Website and the Exchange “as is” and “as available,” without any warranties of any kind. Without limitation, IA expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Exchange, including without limitation of the warranty of merchantability, fitness for a particular purpose, security and non-infringement.

IA does not warrant that the Exchange will meet Your requirements or that its use will be uninterrupted, timely, secure or error-free; that the information provided through the Exchange is accurate, reliable or correct; that any defects or errors will be corrected; that the Exchange will be available at any particular time or location or that the Exchange is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, Content or other material obtained from the Exchange.

 

K. Limitation of Liability

Summary: We will not be liable for any damages or losses arising from Your use or inability to use the Exchange or otherwise arising under this Agreement. Please read this section carefully as it limits our obligations to You.

You understand and agree that we will not be liable to you or any third party for any loss of any kind, including, but not limited to, loss of profits, data, use or goodwill or for any incidental, consequential, indirect, special or exemplary damages, whether arising from an alleged act or omission, that result from

• the use, disclosure, or display of your User-Generated Content;

• your use or inability to use the Exchange;

• any modification, suspension, availability or discontinuance of the Exchange;

• unauthorized access to or alterations of your Private Account;

• statements or conduct of any third party on the Exchange;

• any interactions with other users on the Exchange; or

• any other act or omission relating to the Exchange.

We will have no liability for any failure or delay due to matters beyond our reasonable control.

 

L. Release and Indemnification

Summary: You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

If You have a dispute with one or more of the other Users, You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities and expenses, including all attorneys’ fees and related costs, that arise out of Your use of the Website and the Exchange, including, but not limited to, any violation of this Agreement, provided that IA (1) promptly gives You written notice of the claim, demand, suit or proceeding; (2) gives You control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases IA of all liability, and, further, there is no representation made on IA’s behalf by You in the settlement); and (3) IA provides You with all reasonable assistance, at your expense.

If You have a dispute with one or more Users, You agree to release IA from any and all claims, demands and damages of all kinds, including, but not limited to, actual, incidental and/or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

M. Changes to These Terms

Summary: IA may modify this Agreement at any time. We will notify You any changes that affect your rights at least 30 days before that change or changes take effect.

IA reserves the right, in its sole discretion, to amend these Terms at any time and will update these Terms of Use in the event of any such amendments. We will notify Users of material changes to this Agreement at least 30 days prior to the change taking effect by posting a notice on our Website and on the Exchange. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Exchange (or any part of it) with or without notice.

 

N. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and IA and any access to or use of the Website or the Exchange are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and IA agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Sacramento, California.

2. Non-Assignability

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that invalidity will not affect the enforceability of the remaining portions of the Agreement. Any failure on the part of IA to enforce any provision of this Agreement will not be considered a waiver of its right to enforce such provision. IA’s rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of IA, or by the posting by IA of a revised version in accordance with Section M. Changes to These Terms set out above. These Terms of Use, together with the IA Privacy Statement and Website Terms of Use, represent the complete and exclusive statement of the agreement between You and IA. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between You and IA relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Contact us.