These Terms of Service ("Terms") are a contract between you and Cairntale LLC, a Wyoming limited liability company ("Cairntale," "we," "us," or "our"). They govern your access to and use of Chimeling, including our website at chimeling.app, our dashboard, our macOS app, our React components, our SDK, and our API (together, the "Service").
By creating an account, joining our waitlist, or otherwise using the Service, you agree to these Terms. If you use the Service for an organization, you agree on its behalf and confirm that you have the authority to do so. If you do not agree, please do not use the Service.
1. What Chimeling is
Chimeling lets you show your live presence on your own website. The Chimeling app on your device reports whether you are online or idle and, if you choose, what app you are using. The Service stores that information and makes it available for you to display, using our React components, SDK, or API.
2. Eligibility and accounts
You must be at least 18 years old, or the age of majority where you live if that is higher, to use the Service.
You agree to give us accurate information when you sign up and to keep it up to date. Sign-in is handled by our authentication provider, Clerk.
You are responsible for your account and for everything that happens under it. Keep your credentials and any session tokens confidential. If you think someone has accessed your account without permission, tell us right away at legal@cairntale.com.
3. Using the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own personal or internal business purposes.
You agree not to:
- break the law or violate anyone's rights through your use of the Service;
- access another person's account or data, or try to;
- probe, scan, or test the Service for vulnerabilities without our written permission;
- interfere with or disrupt the Service, including by sending an unreasonable volume of requests or by getting around rate limits or other technical limits;
- reverse engineer, decompile, or try to extract the source code of the Service, except where the law lets you do so despite this restriction;
- resell, sublicense, or provide the Service to third parties as a standalone service;
- use the Service to build a product that competes with it;
- send us malicious code, or content that is unlawful, harassing, or infringing; or
- use the Service to track, monitor, or report on another person's device or activity without that person's knowledge and consent.
4. Your presence data
You decide what Chimeling reports. You can choose to report only your status (online or idle), or to also report which app you are using, and you can stop at any time.
Presence can be public. Presence is designed to be shown on websites. Anyone who has your Chimeling user ID, including visitors to a site where you or someone else has embedded it, can read your resolved presence. That can include your status, the name and icon of the app you are using, and when that activity started. Only report what you are comfortable making public.
You are responsible for the data you send to the Service and for having the right to send it. Do not register apps or send icons or names that infringe someone else's rights or that you do not have the right to share.
See our Privacy Policy for how we handle personal data.
5. Your content and our license to it
You keep ownership of the data and content you send to the Service, such as device names, app names, app icons, and presence reports ("Your Data").
You give us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Data as needed to operate, secure, and improve the Service and to provide it to you, including making presence available as described in Section 4. This license lasts as long as Your Data is on the Service and for a reasonable time afterward while it is removed from backups.
6. Our intellectual property
The Service, including its software, design, text, graphics, logos, and the name "Chimeling," belongs to Cairntale or its licensors. These Terms do not transfer any ownership to you. We reserve all rights not expressly granted.
Some parts of Chimeling, such as our React components or SDK, may be released under their own open-source license. If a component carries its own license, that license governs your use of that component. For the rest of the Service, these Terms apply.
7. Feedback
If you send us feedback or suggestions, you give us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without owing you anything. Please do not send feedback that you consider confidential.
8. Free access, trials, and paid plans
Testing period. While Chimeling is in testing, access is free. The testing period does not use up any free trial.
Free trial. At launch, every account gets a 30-day free trial. If you joined the waitlist during testing, you get another 30 days, 60 in all.
Paid plan. After the free trial, the Service is one paid plan, billed monthly or annually. There are no tiers. We will announce the price before your free trial ends, and we will not charge you before then. The price may change for later billing periods if we tell you ahead of time.
Billing terms. Once paid plans launch, the following apply:
- You authorize us and our payment processor to charge your chosen payment method for the plan, and for any taxes that apply.
- Subscriptions renew automatically at the end of each billing period until you cancel.
- You can cancel at any time from your account. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Except where the law requires otherwise, fees are non-refundable and we do not give refunds for partial billing periods.
- We do not store your full payment card details. Payments are handled by a third-party payment processor.
9. Third-party services
The Service relies on third-party services, including authentication, hosting, databases, and storage providers. The Service may also link to third-party websites. We do not control those services and are not responsible for them. Their own terms and privacy policies apply to your use of them.
If you embed Chimeling on a website, you are responsible for that website, including its compliance with the law and for telling its visitors what they need to know. Our Privacy Policy describes the technical data we receive when a page loads Chimeling.
10. Changes to the Service
Chimeling is under active development. We may add, change, suspend, or remove features at any time. We will try to give you reasonable notice of changes that significantly reduce the Service for paying customers, but we are not liable for changes, suspensions, or discontinuation. We have no obligation to provide support, though we will try to help.
11. Suspension and termination
You can stop using the Service and delete your account at any time. To delete your account, contact us at privacy@cairntale.com until in-app deletion is available.
We may suspend or end your access at any time if we reasonably believe you have broken these Terms, are putting the Service or others at risk, or if we stop offering the Service. Where reasonable, we will tell you why.
When your account ends, your right to use the Service ends. We will delete or de-identify Your Data as described in our Privacy Policy. Sections 4 through 7 and 12 through 17 survive termination.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CAIRNTALE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR SECURE, OR THAT PRESENCE INFORMATION WILL ALWAYS BE CURRENT OR CORRECT.
Some places do not allow certain disclaimers, so some of the above may not apply to you.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAIRNTALE AND ITS AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US $50.
Nothing in these Terms limits liability that cannot be limited by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Cairntale and its affiliates, officers, members, and employees from claims, damages, and reasonable costs, including reasonable attorneys' fees, arising out of Your Data, your use of the Service, your violation of these Terms, or your violation of any law or third party's rights. We will tell you about a claim promptly and let you control the defense where reasonably possible, although we may take part with our own counsel at our own cost. You may not settle a claim in a way that imposes obligations on us without our written consent.
15. Governing law and disputes
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wyoming and applicable U.S. federal law, without regard to conflict-of-law rules.
Talk to us first. Before filing a claim, please email legal@cairntale.com with a description of the problem. Both of us agree to try in good faith to resolve it informally for at least 30 days.
Courts. If we cannot resolve it, each of us agrees that any dispute will be brought in the state courts located in Sheridan County, Wyoming, or in the United States District Court for the District of Wyoming, and each of us consents to the personal jurisdiction of those courts. Either of us may bring a claim in small claims court, and either of us may seek an injunction in any competent court to protect intellectual property. This section does not take away any non-waivable right you have to bring a claim in the courts of your place of residence.
16. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will notify you by email or with a notice on the Service before the change takes effect. The "Last updated" date at the top shows the latest version. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not accept them, you must stop using the Service.
17. General
- Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and Cairntale about the Service and replace any earlier agreement about it.
- Severability. If a part of these Terms is found unenforceable, it will be limited to the minimum extent needed and the rest stays in effect.
- No waiver. If we do not enforce a provision, that is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them, including in a merger, acquisition, or sale of assets.
- Notices. We may give you notice by email at the address on your account or by posting on the Service. Electronic notices count as written notices.
- Export and sanctions. You may not use the Service in violation of U.S. export controls or sanctions laws.
- Force majeure. We are not liable for delays or failures caused by events outside our reasonable control.
- Interpretation. "Including" means "including without limitation." Headings are for convenience only.
18. Contact
Questions about these Terms? Reach us at:
Cairntale LLC
30 N Gould St Ste N
Sheridan, WY 82801
Email: legal@cairntale.com