Trafficmind Terms of Service
Introduction and Acceptance of Terms
These Terms of Service (the “Terms”) are a binding agreement between TMN SA (“Trafficmind,” “we,” “our,” or “us”) and the individual who uses the Services and, if applicable, any legal entity on whose behalf such individual acts (“you” or “your”). The “Services” include Trafficmind’s websites, dashboards, APIs, software, and global edge networking and security offerings, as well as any related documentation, content, and support that we make available.
By accessing or using any part of the Services, or by clicking “Accept,” you agree to these Terms. If you do not agree, do not access or use the Services. Your continued use of the Services constitutes your continuing acceptance of these Terms as they may be updated from time to time.
Title and Intellectual Property
Trafficmind and its licensors own all rights, title, and interest in and to the Services, including all software, interfaces, technologies, products, documentation, content, and any improvements, updates, adaptations, or derivative works. The Services are protected by international copyright, trademark, patent, and trade secret laws. No title or ownership interest is transferred to you under these Terms; your rights are limited to the permissions expressly granted here.
Any license or access right you receive to use the Services is non-exclusive, non-transferable, non-sublicensable, and revocable, and exists solely to enable your lawful use of the Services in accordance with these Terms and any applicable documentation. All rights not expressly granted are reserved by Trafficmind and its licensors.
Infringement and Abuse
Trafficmind operates pass-through and edge networking functions intended to improve performance, availability, and security. We generally do not host, control, or have the ability to remove content on our customers’ origin servers, third-party sites, or decentralized name registries. Accordingly, we cannot delete or alter material that resides outside our control.
If you believe content delivered through the Services infringes intellectual property or violates applicable law, you should contact the relevant hosting provider, domain registrar, or content owner directly. Where legally required or appropriate, and where we have sufficient information, we may pass on notices to our customer, limit or suspend Service features, or comply with valid legal process.
Termination of Use
Trafficmind may suspend or terminate your access to some or all of the Services at any time, with or without notice, if we believe (a) you have violated these Terms or applicable law; (b) your use poses a risk to the Services, our infrastructure, other customers, or the public; (c) doing so is needed to maintain Service integrity or comply with legal obligations; or (d) we choose to discontinue the Services in whole or in part. We are not liable to you or any third party for any such suspension or termination.
Upon termination, your right to use the Services ends immediately, but provisions that by their nature should survive (including intellectual property, indemnities, warranties, disclaimers, limitations of liability, governing law, and dispute resolution) will continue to apply. We may refer suspected fraudulent, abusive, or illegal activity to law-enforcement or other appropriate authorities.
Prohibited Uses
You will not use the Services for any unlawful purpose or in a manner that violates these Terms or our documentation. Without limiting the foregoing, you will not: damage, disable, or interfere with the operation of the Services or any network connected to them; attempt to gain unauthorized access to accounts, systems, or data; transmit malware or other harmful code; circumvent or exceed technical or rate limits (including API call limits) or security controls; harvest or attempt to harvest data except as expressly permitted; use the Services to violate the privacy or intellectual property rights of others; or use the Services in violation of any applicable laws or regulations (including export controls and sanctions).
Trafficmind may, but is not obligated to, block, limit, or remove content or traffic that we determine, in our sole discretion, to be illegal, harmful, or in violation of these Terms. This includes content that promotes or facilitates child sexual exploitation or human trafficking; infringes intellectual property or other rights; unlawfully exposes sensitive personal information, incites violence, or seeks to defraud the public; or distributes malware, facilitates phishing, or otherwise constitutes technical abuse.
Indemnity
You are responsible for your use of the Services. You agree to defend, indemnify, and hold harmless Trafficmind and its affiliates, officers, directors, employees, licensors, vendors, agents, and suppliers from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your unauthorized or improper use of the Services; (ii) your violation of these Terms, our documentation, or any applicable law or regulation; (iii) your infringement or violation of any third-party rights (including intellectual property, privacy, or data-protection rights); or (iv) instructions, configurations, or content you provide. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will cooperate with our defense.
Disclaimers; No Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICMIND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH YOUR SYSTEMS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY OUTPUT, DATA, OR METRICS DERIVED FROM THE SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICMIND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICMIND’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO TRAFFICMIND (IF ANY) FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Changes to These Terms
We may modify these Terms at any time. The updated Terms will be posted on our website and are effective upon posting. If you continue to use the Services after the updated Terms take effect, you agree to the updated Terms.
General
You may not assign, delegate, or transfer your rights or obligations under these Terms without Trafficmind’s prior written consent, and any attempted assignment in violation of the foregoing is void. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Failure to enforce any provision is not a waiver. No agency, partnership, joint venture, or employment relationship is created by these Terms.
These Terms are governed by the laws of the Swiss Confederation, without regard to its conflict-of-laws principles. All disputes arising out of or relating to these Terms or the Services will be resolved exclusively by the competent courts sitting in Switzerland. These Terms constitute the entire agreement between you and Trafficmind regarding the Services and supersede any prior or contemporaneous understandings on the subject matter. If Trafficmind approves your Service Order through any of its subsidiaries or invoices you via such subsidiaries, these Terms apply between you and the applicable subsidiary.
Third-Party Technology
Certain software, components, data, or services provided by third parties (“Third-Party Technology”) may be made available or necessary for use with the Services and are subject to the license terms of their respective owners or licensors. Your use of Third-Party Technology is also subject to these Terms to the extent applicable. Third-party licensors are intended third-party beneficiaries of the relevant provisions of these Terms with respect to their Third-Party Technology.
Contact Information
The Services are operated by TMN SA, Rue du Grand-Chêne 5, 1003 Lausanne, Switzerland. You may contact us by mail at that address or by email at support@trafficmind.com.