TERMS OF USE

PYLON Terms of Service Use

Pylon Interactive Technologies, Inc. owns and operates the marketing platform. For the purposes of Pylon’s Terms of Service (“Terms of Service”), “Pylon” and “Pylon Team” will be used interchangeably in referring to the persons responsible for implementing and enforcing Pylon. The term “User(s)” will be defined as a person(s) utilizing Pylon service. The term “Account Representative” is used to define Pylon representative that interacts with “Users”.

About Pylon Interactive Technologies Inc.

Pylon provides visitor and employee management services (the “Services”) for brands (“Brands”) subject to the following Terms of Use (“TOU”, “Terms of Use” or “Terms”). By utilizing and accessing any part of (dashboard.accesshub.app) or a by-product web page thereof, you agree that you have read, understood, and will adhere to the Terms of Service. Pylon reserves the right to amend Pylon Terms of Service at any time.

1.1.1   ELIGIBILITY CHILDREN UNDER 18.

The Pylon Cam Experience is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Pylon under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

The Pylon Experience is also not available to any Users previously removed from the Pylon network. Finally, the Pylon Experience is not available to any persons barred from receiving them under the laws of the United States (such as it’s export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY USING THIS APPLICATION, OR OTHERWISE ENGAGING THE PYLON SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE PYLON SERVICES.

1.1.2  Prohibited Conduct

Pylon Users may not use Pylon services in any way that adversely affects other Pylon users or infringes upon the intellectual property rights of Pylon. This includes, but is not limited to:

  1. Accessing the Pylon system for the purposes of creating services and product features mimicking, or perceived to mimic those of Pylon. This includes user-interface designs, workflows, and service offerings. Access or use Pylon services, content,
    documentation in any manner or for any purpose that infringes, misappropriated, or otherwise violates any intellectual property right or another right of any third party. You further agree to comply with all applicable international, federal, state, and local laws, rules, regulations, directives, and governmental requirements (“Laws”) relating to your use of the Pylon system.
  2. Gaining or attempting to gain unauthorized access to servers or services. Such attempts include: “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring, or testing for system or network vulnerabilities.
  3. Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots, cross-site scripting, SQL injection, or other computer programming routines that are intended to damage, detrimentally interfere with,
    surreptitiously intercept or expropriate any system, data, or personal information.
  4. You must not (a) make the Pylon Platform available to anyone other than to your Authorized Users within your Account; (b) allow or enable access to Pylon to people who are not direct employees of, or contractors to your organization; (c) allow multiple users to share the same user credentials; (d) sell, trade, or otherwise transfer your Accounts users to another party; or (e) authorize, permit, or encourage any third party to do any of the above. Please contact Pylon Customer Support to learn more about Agency Licensing and Sales for reselling opportunities.
  5. Using Pylon for illegal, unauthorized, or other improper purposes.

1.1.3   Registration Service

Users of Pylon must provide their real names and information (including physical contact address and email), to ensure security and accountability for accounts. While registering, Users make the following commitments to Pylon, in order to maintain said security:

  1. Users will not provide any false personal information to Pylon
  2. Users will keep their contact information and billing information accurate and up-to-date.
  3. Users will not use another individual’s name or personal information without his or her consent or be subject to applicable fraud and legal action

1.1.4   Payments

Pylon accepts American Express, Visa, MasterCard, and Discover credit cards as forms of payment. Please see Pylon or contact an account representative for more information. Payment for a User’s account activity is facilitated via an online payment system.

Pylon Monthly Subscriptions

Pylon Monthly Subscription is an automatic recurring monthly subscription service. By signing up for a Monthly Pylon Subscription and by entering a payment method, you authorize Pylon and/or our third-party payment processor to automatically charge your payment method an amount that correlates to your chosen Feature Package and Data plan so long as your account is active. These payments WILL BE AUTOMATICALLY RECURRING UNLESS AND UNTIL YOU DEACTIVATE YOUR ACCOUNT. If you wish to end your subscription and cease automatic recurring billing, you must deactivate your account and can do so by navigating to the Account Settings page and or contacting us directly at the email listed at www.Pylon.cam.

The entered payment method will be charged for one month of service upon initial sign-up and then one month (30 days) and one day after the account’s initial sign-up on a monthly recurring basis. The amount charged during this period and each subsequent month while holding an active subscription with Pylon will correlate to the user’s chosen Feature and Data plan.

Pylon Annual Subscriptions

By signing up for a Yearly Pylon Subscription and by entering in payment information, you authorize Pylon and/or our third-party payment processor to charge your payment method for 12-months upon initial sign-up. Upon the conclusion of the yearly subscription period, your account will be temporarily locked until a renewal payment is submitted.

Declined Payments

If at any point during the lifetime of your active subscription we are unable to successfully process a payment to your account due to an expired credit card, declined payment, and/or a related error, you will receive a notice and via an account notification and email. You will be given three (3) days from the date of the failed payment to submit an updated payment method. Upon update of payment information, the new payment method is immediately charged to reconcile the failed payment, and your billing cycle will be reset.

If an updated payment method is not remitted within three days of the date of failed payment, your account will default to the free plan or be deactivated. Your feed and visuals will be kept for 30 days at which point all data in your will be deleted.

Deactivation and Downgrades

Users can cancel their accounts at any time using the deactivation feature found under your account settings. Deactivating your subscription means that your account will be canceled and you will no longer be billed. Feed and visuals will also be deleted. Pylon is not responsible for retrieving past messaging items (i.e. public social media content) after cancellation. There are no refunds for partial months.

Pylon and/or its representatives are not responsible for the deactivation of your subscription unless a contractual agreement is established with a Pylon representative stating otherwise.

If you would like to downgrade your current package or data plan, you may contact the Pylon account representative, or email your request to our Customer Experience team. A downgrade may result in the deletion of data and visuals to accommodate functionality supported in each of the respective subscription packages.

Refunds

Software Subscription Refunds:

 

Pylon WILL NOT ISSUE REFUNDS FOR ANY VALID PAYMENTS MADE TO ACTIVE ACCOUNTS. Valid payments are defined as charges incurred by the subscriber on an active amount correlating to the account’s corresponding Feature Package and Data plan, as well as any Feature package or Data Plan upgrades.

Pylon IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED ON AN ACTIVE SUBSCRIPTION DUE TO A FAILURE TO DEACTIVATE THE SUBSCRIPTION BEFORE THE BEGINNING OF A BILLING CYCLE. We are also not responsible for payments incurred on “unused” active accounts.

If you wish to dispute any charges, you must notify Pylon within sixty30 days after the date of the disputed invoice. Under no circumstances will Pylon issue a refund for transactions more than 90 days old.

Any requests for a refund will be met in accordance with these terms.

 

Hardware Purchase Refunds:

Pylon WILL NOT ISSUE REFUNDS FOR ANY HARDWARE PURCHASED AFTER 30-DAYS. Valid payments are defined as authorized and final orders.

 

Credits

Pylon, may at its sole and absolute discretion, issue Credits at any time to, anyone, for any reason. Credits can be issued in the form of complimentary subscription periods, promo codes, complimentary upgrades, discounts, or other considerations. The form and amount of any such credits are at our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

1.1.5  Upgrading Your Account

Users have the right to upgrade their accounts at any time and also retain the right to move from monthly to yearly payments at any time. If upgrading between monthly packages, the User’s bill, and expected payment will reflect the account upgrade on the next statement. Annual charges are expected to be paid at the time of upgrade.

1.1.6  Accountability/Liability

Messaging displayed via Pylon service does not reflect the values, opinions, or judgments of Pylon. Pylon User will not falsely publish information on behalf of a user. Pylon Users are not liable for any computer viruses or any other harmful content that can be passed via links in posted Tweets, Facebook Posts/Comments, Instagram’s, YouTube Videos/Comments, Google+ Posts/Comments or passed to other users via Pylon service. Pylon Users and viewers of the display outputs assume responsibility for any potentially threatening content posted that can be passed through Pylon service. Any links and websites promoted via Pylon service do not qualify as an endorsement for the said website by Pylon. Pylon service is dependent upon the Twitter, Facebook, Instagram, YouTube, and Google+ APIs (Application Programming Interface). If Pylon service is down due to limited access provided through these APIs, Pylon is not responsible for any lag in service, nor are the providers of those APIs. By creating a Pylon service account you acknowledge that this service is dependent upon APIs that are not controlled by Pylon. View real-time Twitter API availability and performance status at http://dev.twitter.com/status. Current real-time Facebook API availability and performance status can be found at https://developers.facebook.com/live_status/. Current Google+ availability and performance status can be viewed

at https://developers.google.com/+/api/

Pylon makes no representations and/or warranties regarding uptime for Pylon service. By making a conscious decision to login to Pylon service or view the web pages associated with the feeds of Pylon, you understand and agree that Pylon and its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. You agree to defend, indemnify and hold harmless Pylon, its contractors, partners, and its licensors, and their respective affiliates against any and all claims and expenses, including attorneys’ fees, arising out of your use of Pylon service.

1.1.7  Service/Website updates

Service and website updates will be made routinely and do not require notification to Pylon Users.

1.1.8  Service Level Agreement

Pylon does not guarantee any uptime of its services. Pylon inherits the service level agreements of the APIs from which Pylon consumes content (i.e., Facebook, Twitter, Instagram, YouTube, or Google+). Pylon does not guarantee the offering of any of its

social sources. At any time, Pylon can desist working with any APIs of the social media sources from which it consumes content without notice or liability.

Below outlines the service levels provided through the APIs from which Pylon consumes content:

  1. Twitter does not guarantee Pylon and Pylon’s customers any up-time of the Twitter service. This includes, but is not limited to: the ability to view a Tweet in its native environment on Twitter.com; the ability to initiate a retweet, reply or favorite from the Pylon interface; and the ability to collect Tweets published on Twitter.com and collection of any data accompanying a Tweet.
  2. Through Pylons services, Twitter reserves the right to limit the calls (search requests) you make to Twitter. This may affect the number of Tweets you will be able to collect in the Pylon platform and the collection of any data accompanying a Tweet.
  3. Instagram does not guarantee Pylon and Pylon’s customers any up-time of its services. This includes, but is not limited to: the ability to view an Instagram in its native environment on Instagram.com; and the ability to collect Instagrams published on Instagram and collection of any data accompanying an Instagram.
  4. Instagram reserves the right to limit or block applications that make a large number of calls (search requests) to the API. This may affect the number of Instagrams you will be able to collect on the Pylon platform and the collection of any data accompanying an Instagram.
  5. Facebook does not guarantee Pylon and Pylon’s customers any up-time of its services. This includes, but is not limited to: the ability to view the Post or Comment in its native environment on Facebook.com; and the ability to collect Posts and Comments published on Facebook.com and collection of any accompanying data of a Post or Comment.
  6. Through Pylon’s services, Facebook may limit the calls (search requests) you make to Facebook. This may affect the number of Posts and Comments you will be able to collect on the Pylon platform and the collection of any data accompanying a Post or Comment.
  7. Google+ does not guarantee Pylon and any of Pylon’s customers any up-time of its services. This includes, but is not limited to, the ability to view Posts or Comments in its native environment of plus.google.com; and the ability to collect Posts and Comments published on plus.google.com and collection of any accompanying data of a Post or Comment.
  8. Through Pylon’s services, Google+ may limit the calls (search requests) you make to Google+. This may affect the number of Posts and Comments you will be able to collect on the Pylon platform and the collection of any data accompanying a Post or Comment.
  9. YouTube does not guarantee Pylon and any of Pylon’s customers any up-time of its services. This includes, but is not limited to, the ability to view Videos or Comments in its native environment of youtube.com; and the ability to collect Videos and Comments published on youtube.com and collection of any accompanying data of a YouTube or Comment.
  10. Through Pylon’s services, YouTube may limit the calls (search requests) you make to YouTube. This may affect the number of Videos and Comments you will be able to collect in the Pylon platform and the collection of any data accompanying a Video or Comment.

1.1.9  Content & Imagery

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content acquired by using the Pylon platform and, we cannot take responsibility for such Content & Imagery. Any use or reliance on any Content or materials posted via the Pylon platform or obtained by you through the Pylon platform is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Pylon platform. You understand that by using the Pylon platform, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Pylon be liable in any way for any Content or Imagery, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Pylon platform or broadcast elsewhere.

By uploading or providing Pylon imagery to place on display in affiliation with your moderated Pylon feed, you confirm that the said imagery is, in fact, your property to publish, or you have received permission to publish. Pylon reserves the right to remove any imagery that is believed to break copyright law, without prior notice. Accounts of repeat infringers can be deactivated without prior notice.

1.1.10  Exporting Pylon Data

As a paying customer of Pylon, you may export any data provided by Pylon via direct export or Pylon APIs. This data may be exported directly to any CRM or Marketing Automation product.

Pylon data integrated into any system cannot be exported or shared via any API from such systems without the written approval of Pylon.

You cannot sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, to Pylon data without the written approval of Pylon.

Should you terminate your use of Pylon, you agree to delete all Pylon data within all your systems within 7 days of termination and shall provide Pylon written confirmation of having done so.

1.1.11  Trademarks

Pylon is a trademark of Pylon, LLC. Use of Pylon Services grants no right or license to reproduce or use Pylon products or third-party trademarks.

The following are additional trademarks associated with Pylon name:

  1. Pylon
  2. Access Pad
  3. Access Hub
  4. Pylon Visitors

1.1.12  Communication

Any issues, concerns, or questions should be directed to Pylon Team via the contact us page. For urgent concerns, it is recommended that communications be directed to the Pylon Team via the contact us page to ensure a timely and prompt response. For issues, concerns, or questions regarding any Pylon customization, please contact your Pylon Account Representative.

1.1.13   Testimonials

By using Pylon service, you give permission for Pylon to use any public display outputs produced by your use of the service and your organization name in product endorsements, case studies, or any other users to produce material that could be used for marketing purposes of Pylon product.

1.1.14  Audit usage

By using Pylon, you give consent to Pylon to audit any and all accounts at any given time. This is to ensure your use of the application is safe for users, that you are abiding by the Terms of Service, and that you are refraining from any activity that includes prohibited content.

1.1.15  Passwords

Users of Pylon are responsible for safeguarding their passwords. Pylon is not responsible for the repercussions of lost or stolen passwords that are not a direct result of Pylon system management and liability. Pylon recommends the use of “strong” passwords, which are defined by combining letters, numbers, and both uppercase and lowercase letters. Pylon is not liable for any loss or damage arising from your failure to comply with the above requirements or if your computer is left unattended and passwords are manipulated. When logged into the Pylon and Pylon service window is left unattended for an extended period of time (as defined by the system) the service will automatically log you out and you will need to log in again to access your account. If for any reason you believe your account password is compromised please reset your password through the Pylon login page.

1.1.16  Representations and Warranties

Pylon represents and warrants that we own or control our platform and services. You represent and warrant that (a) you own all customer content or have obtained all rights, approvals, licenses, consents, and permissions as are necessary to grant the licenses to the customer content granted by you to us and (b) the customer content does not, and will not, infringe, violate or misappropriate any third party’s rights, including any intellectual property rights. You acknowledge and agree that Pylon does not control, and therefore we do not make any promise, warranty, or other assurance with respect to, any of the social media feeds you create, collect information, and use.

1.1.17  Termination

Pylon reserves the right to terminate any customer’s use of Pylon at its discretion at any time. This includes access to and use of Pylon public-facing site and its services. Reasons for termination may include, but are not limited to, failure to pay the outstanding balance, copyright infringement, actions deemed to create risk or possible legal exposure for Pylon, presumed illegal activity through state and national ordinances, or any other action that breaches Pylon Terms of Service. Pylon service account holders will be notified of service termination(s) via email or at the next attempt to access the account. Users may also delete their accounts or disable their applications of Pylon at any time. In all such cases, if no outstanding issues or payment exist, this Statement shall terminate. If an account is terminated for a violation of the terms of service, the Users associated with that account will not receive a refund.

1.1.18  Copyright or Intellectual Property Infringement

Pylon is committed to helping people and organizations protect their intellectual property rights and ask you to do the same. If you believe that your work has been violated in a way that constitutes copyright infringement, you may notify Pylon. Pylon will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized below.

If you believe that any User Content or other material residing on or accessible through the Site or Services infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following “Designated Agent” for purposes of receiving notice under the DMCA relating to the Site and Services:

Pylon Interactive Technologies Inc.

25133 Avenue Tibbitts, Suite: J

Valencia, CA 91355

All written notifications must include the following:

  1. A physical or an electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  2. A description of the alleged copyrighted work or other intellectual property that you claim has been infringed;
  3. A description directing Pylon to where the material that you claim is infringing is located with sufficient information to permit Pylon to locate and identify the material;
  4. Your contact information, including your address, telephone number, relevant social media handles, and email;
  5. A statement by the complaining party that has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the information in your notice is accurate, and made under penalty of perjury, that the copyright or intellectual property owner or authorized party to act on the copyright or intellectual property owner’s behalf.

Once the completed infringement notification is received by the Designated Agent, it is Pylon’s policy to (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that is has been removed or disabled access to such material, and (c) terminate repeat infringers’ access to the Site and Services.

1.1.19  Terms Of User-Generated Uploaded Content

You may directly upload User Content or post User Content to your social media accounts. By uploading User Content and posting User Content that you have tagged with Brand hashtags to social media platforms, you grant to the Brand, its third-party service providers who provide content management services including Pylon, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable right to use your uploaded or Brand-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its web pages, social media pages operated by the Licensed Parties, promotional emails, and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of your User Content.

You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to the copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge, and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using the Services, you are consenting to Pylon’s collection of any personal information you provide, on behalf of the Licensed Parties for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not use the Services or otherwise provide Pylon with personal information. Your personal information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on Pylon’s and its customers’ behalf. By using the Services or otherwise providing Pylon with personal information, you agree to such collection, use, disclosure, transfer, and processing of your information in accordance with the terms of these Terms, the Privacy Policy, and applicable data protection laws and regulations.

You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law, or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.

The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties, and the Services at any time, for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please contact us.

Last update: December 12, 2020