We run a service called Amahi and would love for you to use it. Our basic service is free. We are currently in Beta, and we require that you do not use software in connection with Amahi with valuable data. The vast majority of software in Amahi is GPL software, so we do not take responsibility over bugs we have or other software that we require may have.
If you find something in our site or software that you believe violates our terms of service, please contact us.
NOTE: We’ve decided adopt the Terms of Service below adapted from the Terms of Service of our friends at wordpress.com, which they graciously made available under a Creative Commons Sharealike license. Thanks Automattic!
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site or downloading any of our software (even without signing up as a user), you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Amahi, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Amahi Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account and its profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Amahi may change or remove any account, profile, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Amahi liability. You must immediately notify Amahi of any unauthorized uses of your account or any other breaches of security. Amahi will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you
operate a web site, post material to the Website, post code,
media, or links on the Website, or otherwise make (or allow any
third party to make) material available by means of the Website
(any such material, “Content”), You are entirely responsible for
the content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Amahi or otherwise.
By submitting Content to Amahi for inclusion on your account or Website, you grant Amahi a permanent, irrevocable, world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for any purpose, including display, distribution and promotion. If you delete Content, Amahi may use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Amahi has the right (though not the obligation) to, in Amahi’s sole discretion (i) refuse or remove any content that, in Amahi’s reasonable opinion, violates any Amahi policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Amahi’s sole discretion. Amahi will have no obligation to provide a refund of any amounts previously paid.
Amahi reviews and considers app submissions and idea submissions (“Submissions”) only at its sole discretion. The purpose of this policy is to avoid potential misunderstandings or disputes if any of Amahi’s services or products would be identical to or appear to be similar to any Submissions sent to Amahi. Submissions sent to Amahi will not be considered confidential or proprietary. Amahi may independently have developed products, trademarks or services that are identical to or appear to be similar to your Submissions sent to Amahi. By submitting, you agree that all rights to any Submissions are assigned to Amahi without any compensation to you. If a dispute would arise in relation to Submissions sent by you, you shall discharge Amahi, its employees or any of its contracting parties from any and all claims.
- Services and Apps.
- Service Fees and Payment. Optional premium paid services and applications (“apps") may available on the Website. Applications available through the Services are made available or distributed or licensed, as the case may be for each app, not sold. Amahi Credit is deposited in your account by you. By selecting a premium service or depositing Amahi Credit, you agree to pay Amahi the one-time, monthly, quartely, semi-annual or annual subscription fees indicated for that service or credit amount. Service payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly, quartely or annual period as indicated. Premium service fees and Amahi Credit are not refundable. Amahi Credit may only be used towards the purchase of convenience fees to install apps and nothing else not allowed by the website. Unused Amahi Credit expires after one year of app purchase inactivity. Amahi reserves the right to change the payment terms and fees upon thirty (30) days prior written or email notice to you. Services can be canceled by you at anytime on 30 days written notice to Amahi.
- App Install Fees and Payment. Optional apps may be available to install via Amahi's “one-click installer". Apps are made available with an applicable convenience fee for making them available to install. Apps are made available to install by paying the install fee in advance of installation. This includes apps with no fee. Apps transacted through the app install service are not being sold, only licensed for delivery to an Amahi-enabled device. Amahi reserves the right to change the payment terms and fees upon thirty (30) days prior written or email notice to you. Services can be canceled by you at anytime on 30 days written notice to Amahi. By adding credit to your account, you agree that this credit can only be used towards the one-click convenience fee for apps.
- Support. Services may include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Amahi to respond within one business day) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for users of the standard, free Amahi services. All Services support will be provided in accordance with Amahi standard Services practices, procedures and policies.
- Responsibility of Website Visitors. Amahi has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Amahi does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Amahi disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Amahi links, and that link to Amahi. Amahi does not have any control over those non-Amahi websites and webpages, and is not responsible for their contents or their use. By linking to a non-Amahi website or webpage, Amahi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Amahi disclaims any responsibility for any harm resulting from your use of non-Amahi websites and webpages.
- Copyright Infringement and DMCA Notice. As Amahi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Amahi violates your copyright, you are encouraged to notify Amahi in accordance with Amahi’s Digital Millennium Copyright Act (”DMCA”) Notice. Amahi will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Amahi or others, Amahi may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Amahi will have no obligation to provide a refund of any amounts previously paid to Amahi.
- Intellectual Property. This Agreement does not transfer from Amahi to you any Amahi or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Amahi. Amahi, the Amahi logo, HDA, "Home Digital Assistant" and all other trademarks, de facto trademarks, service marks, graphics and logos used in connection with Amahi, or the Website are trademarks or registered trademarks of Amahi or Amahi’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Amahi or third-party trademarks.
- Changes. Amahi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Amahi may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination.Amahi may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Amahi account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Amahi if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Amahi’s notice to you thereof; provided that, Amahi can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website and software is provided “as is”. Amahi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Amahi nor its suppliers and licensors, makes any warranty that the Website, its software or any other software provided by or through Amahi will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Amahi, or its suppliers, application providers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Amahi under this agreement during the twelve (12) month period prior to the cause of action. Amahi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Amahi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Amahi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Amahi, or by the posting by Amahi of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sunnyvale, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Amahi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail.