DevicesYou are solely responsible and liable for your Devices, and for supporting the Devices. On each Device in which you use the Blynk Service, you shall prominently display and comply with a privacy policy on such Device that includes a full, accurate and clear disclosure regarding Blynk's collection, use and distribution of personal information collected via the Blynk Service in accordance with our
Privacy Policy.
You represent and warrant that your Device will not: (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v) contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, text messages, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) offer or promote services that may be damaging to, disparaging of, or otherwise detrimental to Blynk or its licensors, licensees, affiliates and partners.
Blynk will have the right, in its sole discretion, to refuse to permit your use of the Blynk Services with a particular Device. Unless Blynk states otherwise, such rejection will not terminate this Agreement with respect to any other Device. Blynk will have no liability to you for such refusal.
MonitoringYou agree to provide us with access to your Device and other materials related to your use of the Blynk Service as reasonably requested by us to verify your compliance with this Agreement.
Unauthorized ApplicationsYou understand that the Blynk Services are not designed, intended, authorized or warranted to be suitable for use in the following "Unauthorized Applications": life support applications, devices or systems, the operation of nuclear facilities; aircraft navigation systems; aircraft communication systems; air and road traffic control; direct life support machines; weapons systems; military or space equipment requiring radiation hardened components; and Enhanced 911 or E911 emergency calling system. You warrant that you will not use the Blynk Properties for Unauthorized Applications.
OwnershipAs between you and Blynk, Blynk owns all right, title and interest in and to the Blynk Services. Except for the license granted (License Grant), this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by us, including the Blynk Service, Software and Brand Features (as defined below). You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices and restrictions contained in this Agreement. We claim no ownership or control over your Device or the content sent, posted or displayed through your Device, except for any Blynk Services therein.
Brand FeaturesWe grant you a limited, non-exclusive license to display our name, logos and domain names (collectively, "Brand Features") to promote and advertise your use of the Blynk Services in accordance with this section. When you promote your Device, you must not imply that your Device is created or endorsed in any manner by Blynk, although you may state facts (e.g., the Device is used with the Blynk Service). You agree, however, not to remove, obscure, distort, or alter any of our Brand Features or display our Brand Features in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Blynk. All use by you of the Brand Features (including any goodwill associated therewith) will inure to the benefit of Blynk. At no time during or after the term of this Agreement will you challenge or assist others to challenge the Brand Features (except to the extent such restriction is prohibited by law) or the registration thereof by Blynk, nor will you attempt to register any trademarks that are confusingly similar in any way to any Brand Features. You must submit to us a copy or image of any media release or advertising that includes any the Brand Features by emailing us at iot@blynk.cc
Marketing.
We may publicly refer to you, orally or in writing, as a Blynk Properties licensee of Blynk (including in a directory of our developers) and we may publish your name and logo on the Blynk website or promotional materials without prior written consent. You grant us all necessary rights and licenses to do so.
SupportWe may provide you with support, upgrades, or modifications for the Blynk Services in accordance with our service level agreement set forth at
www.blynk.io/plans In the event we provide any support, it will be considered part of the Blynk Services for purposes of Section 9 (Disclaimer and Liability) and Section 10 (Indemnification) below, and we may terminate the provision of such support or modifications to you at any time without notice or liability to you. You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Device. We may redirect users and potential users of your Device to your email address on file for purposes of answering general Device inquiries and support questions.
Independent DevelopmentYou acknowledge and agree that Blynk may be independently creating applications, content and other products and services that may be similar to or competitive with your Device and its content, and nothing in this Agreement will be construed as restricting or preventing Blynk from creating and fully exploiting such applications, content and other items, without any obligation to you. If you elect to provide us with any comments, suggestions, or feedback related to our Blynk Services, you assign all right, title and interest in and to such comments, suggestions and feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution, accounting, or compensation or other duty to account.
Commercial UseThe only legal way to use Blynk products and services for commercial purposes is to sign up for a paid licensing subscription plan listed here:
https://blynk.io/plans