Terms of service.

Probe DEV, Inc. ("Probe DEV" or "we") provides video infrastructure services to help development teams build video into their products quickly, reliably, and at global scale. These Terms of Service ("Terms") govern how you can use Probe DEV's Site and Services, so you should read them carefully.

By signing up, creating an account, entering an Order, or accessing or using the Site or Services, you signify that you have read, understood, and agree to be bound by these Terms. Our Privacy Policy ( probe.dev/privacy) also applies to your use of the Site and Services and is incorporated into these Terms by reference.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Definitions

2. The Services

2.1. Rights to the Services

During the Subscription Period, and subject to your compliance with these Terms, we grant you a non-sublicensable, non-transferable, limited license to: (a) access and use the Services, (b) integrate the Open-Source Components into your products and services, and (c) receive and use the Documentation for internal business purposes only.

The Services are subject to change from time to time, at our sole discretion, without prior notice to you. We have no obligation to update, maintain, or continue to provide any aspect of the Services.

2.2. Rights to Data

As between you and Probe DEV, you own all Customer Data. You grant us a non-exclusive, irrevocable, assignable, sublicensable (through multiple tiers), fully paid, royalty-free, worldwide right and license to copy, reproduce, modify, use, publicly perform, display, distribute, and create derivative works of the Customer Data to (a) provide our products and services to you in accordance with the Terms; (b) maintain and improve our products and services; (c) create and share reports and information, in aggregate and anonymous form, with third parties.

3. Acceptable Use

3.1. Your Credentials

You agree that you:

• will provide and maintain accurate and complete account and payment information at all times;
• are responsible for protecting all access credentials (including IDs, passwords, keys, and tokens) and will not disclose them to any third party;
• will not use the authentication keys or access tokens for any purpose other than as necessary to exercise your rights granted under these Terms;
• are responsible and liable to Probe DEV for the activity that occurs on your account.

3.2. Prohibited Use

You agree that you will not, and will not assist or enable others to:

• use the Services except as permitted by these Terms or the Documentation;
• copy, assign, sublicense, resell, dissemble, reverse engineer, modify, scrape, or create derivative works of any part of the Services;
• use the Services in a manner that is unlawful or violates the rights of others;
• use the Services for competitive analysis or to develop competing products or services;
• transmit any viruses, malware, or other harmful materials via the Services;

4. Payment

4.1. Fees

The Services will be provided in accordance with the terms of any Order you enter, which may include prepaid fees for designated allotments of the Services and additional fees for use in excess of those allotments.

4.2. Payment

You agree to pay Probe DEV the fees in accordance with the payment terms specified in the Order or on Probe DEV's website, as applicable. All fees are non-refundable, except as expressly stated otherwise in these Terms.

5. Confidentiality

Each party understands that the other party may disclose certain non-public information and know-how pursuant to these Terms that is either designated in writing as proprietary and/or confidential or should reasonably be understood to be confidential by the recipient (the "Confidential Information"). Probe DEV's Confidential Information includes the Documentation, Ideas, and information regarding features, functionality, performance, and pricing of the Services. Your Confidential Information includes Customer Data.

6. Term & Termination

These Terms will apply from your acceptance of these Terms and remain in effect for as long as the Services are provided to you under these Terms. Either party may terminate these Terms by written notice at any time, for any reason, or for no reason, provided that the Terms will continue in effect for the duration of any Subscription Period.

7. Representations & Warranties

You represent and warrant that: (a) you are at least eighteen years old and have the full right and power to enter into and perform these Terms; (b) your Customer Data and use of the Services will not violate any applicable law or regulation or infringe or misappropriate any rights of any third party.

EXCEPT FOR THE WARRANTIES EXPLICITLY SET FORTH IN THESE TERMS AND ANY ORDER AND TO THE EXTENT REQUIRED BY APPLICABLE LAW, PROBE DEV DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES AND DOCUMENTATION. THE SERVICES AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE."

8. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES; ANY COVER OR BUSINESS INTERRUPTION; OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING UNDER THESE TERMS EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Governing Law; Dispute Resolution

These Terms will be governed by the laws of the State of Delaware without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in New Castle County, Delaware.

For any dispute with Probe DEV, you agree to first contact us at notices@probe.dev and attempt to resolve the dispute with us informally. We each agree to resolve any claim, dispute, or controversy by binding arbitration, except for claims for injunctive or other equitable relief.

10. Miscellaneous

These Terms constitute the entire agreement between you and Probe DEV pertaining to their subject matter and supersede any and all written or oral agreements with respect to such subject matter.

Notices to us should be sent to Probe DEV, Inc., Attn: Legal Eagle, 51 North Broad Street Suite 201, Middletown, DE 19709, with a copy to complaints@probe.dev.

For questions about these terms, please contact us at legal@probe.dev