Terms of Service
At a minimum, violation of any of the terms below will result in the termination of your Account.
By accepting these terms by clicking a box indicating your acceptance or by purchasing GroveStreams products or services you agree to be bound to these terms.
GroveStreams allows its customers to re-brand, OEM or white label, GroveStreams.com. Customers that are re-branding can supply their own terms of service link within the re-branded application. For these customers, the GroveStreams terms of service still apply to them and their branded users. The re-branded terms of service and privacy pages must contain links back to the GroveStreams terms of service and privacy pages.
Service DescriptionGroveStreams enables organizations to store time-series data from users and devices from anywhere (“User Data”). GroveStreams does not select or screen User Data and does not verify its accuracy; this license does not imply or create any liability on the part of Grove Streams LLC for User Data provided by other users. ALL SERVICES, SOFTWARE AND INFORMATION ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. GROVE STREAMS LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITIES, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
- You must be 13 years or older to use this Service
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process
- Your login may be used by only one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Grove Streams LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
- You are responsible for all User Data posted and activity that occurs within your Account and the Organizations you own.
- One person or legal entity may not maintain more than one account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- You agree not to interfere with or disrupt our services or servers.
- You agree that we reserve the right to set limits on the number of transactions you may send or receive using our services at any time, with or without notice.
- You agree that our services may involve the transmission of your data over various networks and may require changes to conform to the technical requirements of connecting networks.
- By using our services, you agree that we may access and preserve your account information and any data associated with your account if required to so by law, if required to enforce any part of these terms, or to detect or prevent any fraud, security, or technical issues. User account names must not contain trademarks that are not under license by the registering party.
- All rights and interest in our intellectual property,
including technology, shall remain solely and exclusively our
property. You agree that our have no rights to or ownership of any
of our intellectual property, in whole or in part.
API TermsYou may access your User Data via an API (Application Programming Interface). Any use of the API, including use of the API through a third party product that accesses the Service, is bound by the terms of this agreement, plus the following specific terms:
- You expressly understand and agree that Grove Streams LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Grove Streams LLC has been advised of the possibility of such damages), resulting from your use of the API or third party products that access data via the API.
- Abuse or use of the API outwith the limits specified for your Account may result in the temporary or permanent suspension of your account's access to the API. Grove Streams LLC in its sole discretion will determine abuse or excessive usage of the API. Grove Streams LLC will make a reasonable attempt to notify the account owner, via the email address we have on record for you, prior to suspension or termination.
- Grove Streams LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof), with or without notice.
- You are responsible for maintaining the security of any user email addresses, passwords or API secret keys used to access your account via the API. Grove Streams LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Microsoft Bing Maps TermsSee here.
Payment and Refunds Terms
- User accounts are free.
- User organizations are free.
- Initial monthly usage of the Grove Streams is free until usage metrics exceed the posted free amounts.
- A valid credit card is required for accounts exceeding the free usage metrics. Accounts with usages below the free metrics are not required to have a valid credit card associated with their user account.
- If your usage exceeds any of the free monthly metrics, you will be billed for that usage monthly. If your account does not have a credit card account associated with it and your usage is exceeding the free metrics, you will have very limited access to your organization account and stream feed upload/downloads may be disabled. Grove Streams LLC does not accept any liability for such loss.
- The Service is billed on a monthly basis. Each billing cycle starts at the beginning of the day, UTC time, a user signs up and ends one month later. Billing plans, such as the old metered plan, which billed based on transaction and stream counts, have a fixed billing cycle that starts and ends at the beginning and ending of each month, UTC time.
- Organization billing metrics are based on the user's billing cycle. If the organization's Payer is changed to a new Payer, the new new Payer's billing cycle range will be used for gathering organization billing metrics such as Data I/O. Certain Payer changeover scenarios may result in some hour's metrics not be included in anyone's invoice or it may result in some metrics being included in the previous owner's invoice along with in the new owner's invoice. It is up to the Payers to determine the optimal time to make the change to avoid some of the metrics being payed for twice.
- Monthly stream counts are calculated by counting the number of streams, usually once per day, and then averaging the counts by using the number of times the stream counts were calculated during the month and rounding up.
- The Enterprise billing plan allows for free usage of all of GroveStreams. GroveStreams reserves the right to negotiate the terms of this plan if usage exceeds extreme amounts deemed by GroveStreams.
- Data I/O usage is calculated by summing the amount of data flowing into and out of the grovestreams.com website via its API in one monthly periods. Data size calculations include the URL parameters size and the size of the body of the HTTP call. Calls that hit our web server caches are not included in size calculations. Our billing module assumes one Megabyte equals 1,048,576 bytes.
- Grove Streams no longer allows new users to select the deprecated "old" metered plan based on monthly transaction counts and the number of streams. Grove Streams is allowing users who were on that plan to remain on that plan. Grove Streams reserves the right to enforce usage limits on the old metered plan at any time and reserves the right to force users to switch to newer plans at any time.
- Unless otherwise stated, Our fees do not include any
taxes, levies, duties or similar governmental assessments of any
nature, including but not limited to value-added, sales, use or
withholding taxes, assessable by any local, state, provincial,
federal or foreign jurisdiction (collectively, "Taxes"). You are
responsible for paying all taxes associated with your purchases
hereunder. If we have the legal obligation to pay or collect taxes
for which you are responsible under this paragraph, the
appropriate amount shall be invoiced to and paid by you, unless
You provide us with a valid tax exemption certificate authorized
by the appropriate taxing authority. For clarity, we are solely
responsible for taxes assessable against it based on our income,
property and employees.
- Refund Policy: If you are not satisfied, you can request a
refund. Grove Streams will refund any charges made in the 30 days
prior to your refund request, and cancel your subscription. You
can request a refund by emailing firstname.lastname@example.org with the
login email address of the subscriber, the date of the charge, and
the amount. To request a refund of a credit card charge, please
provide the type of credit card, and the last 4 digits of the
credit card. It can take 1 to 5 days to review the request, after
which we will send you a confirmation email.
Cancellation/Termination of Account
- You are solely responsible for properly cancelling your Account. To cancel your account, first delete each organization by accessing it through the Admin/ Organization Information menu. After all of your organizations have been deleted you may delete your user account from your GroveStreams user account profile profile tab.
- If you delete an organization before the end of your billing cycle, you will still be billed for its usage during that billing cycle and you will not be charged again for that organization. Detailed usage metrics will not be available for an organization once it has been deleted.
- Once your final charge transaction has succeeded, all of your User Data and billing information will be immediately deleted from the Service upon deletion. This information cannot be recovered once your account has been deleted.
- The designated Payer of an organization, at the time of bill generation, will be billed for the entire month the bill is generated for. All organization charges for the current month will be combined into one bill for the current Payer.
- GroveStreams LLC, in its sole discretion, has the right to suspend or terminate your organization or user Accounts and refuse any and all current or future use of the Service, or any other service operated by GroveStreams LLC for any reason, and at any time. Such termination of the Service will result in the deactivation or deletion of your Account or limited access to your Account, and the forfeiture and relinquishment of all User Data in your Account. GroveStreams LLC reserves the right to refuse service to anyone for any reason at any time.
Modification to the Service or Prices
- Grove Streams LLC reserve the right to modify or discontinue, temporarily or permanently the Service, its terms, or any part thereof, with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes on the GroveStreams website (https://www.grovestreams.com). In addition we will attempt to notify you at the primary email address we hold on record for you.
- Grove Streams LLC shall not be liable to you or to any third party for any modification, price change, suspension or termination of the Service.
Limits on LiabilityIn no event shall We be responsible or liable under this Agreement for (1) failure to record or store data or communications, (2) the loss or corruption of said data, (3) the recording or storage of incorrect data, (4) loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation resulting from the use of Our website, services, or products, (5) any losses suffered by third parties, (6) any indirect or direct damages resulting from the use of Our website or services, (7) any damages resulting from unavailability of its products, (8) damages resulting from improper or incorrect use of Our products, either alone or in conjunction with other third-party software or products, (9) damages resulting from any use not in accordance with all applicable laws, regulations, and guidelines, or (10) damages caused by defects or failures of third-party products or services.
Governing Law and DisputesTHIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA. The United Nations Convention on Contracts for the International Sale of goods shall not apply. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. The parties agree that the courts of the State of Minnesota shall have exclusive jurisdiction over any claim, or dispute or controversy (whether in contract, tort or otherwise) against Seller, its agents, employees, successors, assigns or affiliates arising out of or relating to this document, Seller's Products advertising, or any related purchase. Customer agrees to appear in any such action and hereby consents to the jurisdiction of such court.
Users outside the United States: You agree to use purchases services only for purposes that comply with all local laws and guidelines. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this agreement. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (i) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction.
Relationship with parties that are independent contractors: This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. You shall pay on demand all of Our reasonable attorney fees and other costs incurred by Us to collect any fees or charges due Us under this Agreement following Your breach of any payment obligation of Yours hereunder.
You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent (not to be unreasonably withheld). Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by both parties. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your purchase order or other order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
Surviving Provisions: All Provisions of these Terms which by their nature or meaning have applicability following the conclusion or termination of an Order shall survive in accordance with their respective terms.
Proprietary RightsRestrictions: You shall not (i) permit any third party to access the Services except as permitted herein or in an Order Form, (ii) reverse engineer the Services, or (iii) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
Ownership of Your Data: As between Us and You, You exclusively own all rights, title and interest in and to all of Your Data.
Suggestions: We shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Services.
Federal Government End Use Provisions: We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
Mutual IndemnificationIndemnification by Us: We shall defend and hold You harmless from and against any claim, demand, suit, or proceeding ("Claim") made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify You for any damages finally awarded against, and for reasonable attorney’s fees incurred by, You in connection with any such Claim; provided, that You (a) promptly give Us written notice of the Claim; (b) give Us sole control of the defense and settlement of the Claim (provided that We may not settle any Claim without your consent unless the settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expense.
Indemnification by You: You shall defend and hold Us harmless from and against any Claim made or brought against Us relating to any of the following: (i) a third party alleging that Your Data, or Your use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, (ii) your modification of Our products or services, (iii) any breach by You of this agreement, (iv) any omission, misrepresentation, or negligence by You, (v) any damages to third parties caused by Our products or services that are sold or resold by you in breach of this agreement, or (vi) your failure to abide by all applicable laws or regulations, and shall indemnify Us for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Us in connection with any such Claim; provided, that We (a) promptly give You written notice of the Claim; (b) give You sole control of the defense and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally release Us of all liability); and (c) provide to You all reasonable assistance, at Our expense.
Exclusive Remedy: This Section B.9 (Mutual Indemnification) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of Claim described in this Section.
Limitations of LiabilityLimitation of Liability: EXCEPT WITH RESPECT TO INDEMNIFICATION CLAIMS, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE LESSER OF $500,000 OR THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER SECTION B.5 (FEES AND PAYMENT FOR PURCHASED SERVICES).
Exclusion of Consequential and Related Damages: IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL OR INJURY TO REPUTATION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.