Terms of Service

Last Updated: February 7, 2025


Thank you for using Fusing's products and services! These Fusing Terms of Service ("Terms") describe your rights and responsibilities as a customer of our cloud-based analytics technologies, APIs, SDKs, applications and websites (collectively, the "Services"). These Terms are between you and the Fuzing LLC ("Fusing", "we" or "us"). "You" means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that:

PLEASE NOTE THAT IF YOU SIGN UP FOR A PRODUCT USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN:

These Terms are effective as of the date you first click "Agree to our Terms of Service" (or similar button or checkbox), or use or access a Service, whichever is earlier (the "Effective Date"). These Terms do not have to be signed in order to be binding. You indicate your acceptance of these Terms by clicking "Agree to our Terms of Service" (or similar button or checkbox) at the time you register for a Service, create a Service account, or place an Order. For No-Charge Services, you also indicate your acceptance of these Terms by accessing or using the applicable No-Charge Service.


1. What these Terms cover.


2. How Services are administered.


3. What's included in your Service subscriptions; what are the restrictions.


4. Our security and data privacy policies.


5. Terms that apply to Your Data.


6. Using third-party products with the Services.


7. Billing, renewals, and payment.


8. Our return policy. As part of our commitment to customer satisfaction and without limiting the Performance Warranty in Section 15 (Warranties and Disclaimer), you may terminate your initial Order of a Service under these Terms, for no reason or any reason, by providing notice of termination to us no later than seven (7) days after the Order date for such Service. In the event you terminate your initial Order under this Section 8, at your request (which may be made through your account with us), we will refund you the amount paid under such Order. This termination and refund right applies only to your initial Order of the Service and only if you exercise your termination right within the period specified above, and does not apply to Additional Services. You understand that we may change this practice in the future in accordance with Section 21 (Changes to these Terms).


9. Taxes not included.


10. No contingencies on future functionality. You agree that your purchases are not contingent on the delivery of any future functionality or features (including future availability of any Services beyond the current Subscription Term), or dependent on any oral or written public comments we make regarding future functionality or features.


11. Evaluations, trials, and betas. We may offer certain Services (including some Fusing Apps) to you at no charge, including free accounts, trial use and Beta Versions as defined below (collectively, "No-Charge Services"). Your use of No-Charge Services is subject to any additional terms that we specify and is only permitted during the Subscription Term we designate (or, if not designated, until terminated in accordance with these Terms). Except as otherwise set forth in this Section 11, the terms and conditions of these Terms governing Services, fully apply to No-Charge Services. We may modify or terminate your right to use No-Charge Services at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and beta Services, and any pre-release and beta features within generally available Services, that we make available (collectively, "Beta Versions") are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Services. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this Section 11. All information regarding the characteristics, features or performance of any No-Charge Services (including Beta Versions) constitutes our Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Services, including any Support, warranty and indemnity obligations. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE SERVICES WILL BE US$20.


12. IP Rights in the Services and Feedback. Services are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as "purchase" or "sale". We and our licensors have and retain all right, title and interest, including all intellectual property rights, in and to Our Technology (including the Services). From time to time, you may choose to submit Feedback to us. We may in connection with any of our products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.


13. Confidentiality. Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party ("Receiving Party") by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any of Our Technology and any performance information relating to the Services will be deemed our Confidential Information without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 13 and that the Receiving Party remains responsible for compliance by them with the terms of this Section 13. The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.


14. Term and Termination.


15. Warranties and Disclaimer.


16. Limitation of Liability.


17. Publicity Rights. We may identify you as an Fusing customer in our promotional materials. We will promptly stop doing so upon your request sent to support@fusing.com.


18. Dispute Resolution.


19. Export Restrictions. The Services may be subject to export restrictions by the United States government and may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your access to, use of, and download of the Services (or any part thereof). You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the Services or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list (collectively, "Prohibited Persons"); (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country and (ii) none of Your Data is controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person. You agree not to use or provide the Services for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.


20. Changes to these Terms. We may modify the terms and conditions of these Terms (including Our Policies) from time to time, with notice to you in accordance with Section 22.1 (Notices) or by posting the modified Terms on our website. Together with notice, we will specify the effective date of the modifications.


21. Changes to the Services. You acknowledge that the Services are on-line, subscription-based products, and that in order to provide improved customer experience we may make changes to the Services, and we may update the applicable Documentation accordingly. Subject to our obligation to provide Services and Additional Services under existing Orders, we can discontinue any Services, any Additional Services, or any portion or feature of any Services for any reason at any time without liability to you.


22. General Provisions.


23. Definitions. Certain capitalized terms are defined in this Section 23, and others are defined contextually in these Terms.

"Additional Services" means Technical Account Manager (TAM) services, premier or priority support or other services related to the Services we provide to you, as identified in an Order. For the avoidance of doubt, Additional Services do not include the standard level of support included in your subscription.

"Administrators" mean the personnel designated by you who administer the Services to End Users on your behalf.

"Affiliate" means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where "control" means the power to direct the management or affairs of an entity, and "ownership" means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interests of the entity.

"Services" means our hosted or cloud-based solutions, including any client software we provide as part of the Services.

"Documentation" means our standard published documentation for the Services.

"End User" means an individual you or an Affiliate permits or invites to use the Services. For the avoidance of doubt: (a) individuals invited by your End Users, (b) individuals under managed accounts, and (c) individuals interacting with a Service as your customer are also considered End Users.

"End User Account" means an account established by you or an End User to enable the End User to use or access a Service.

"Feedback" means comments, questions, ideas, suggestions or other feedback relating to the Services, Support or Additional Services.

"HIPAA" means the Health Insurance Portability and Accountability Act, as amended and supplemented.

"Laws" means all applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and the exportation of technical or personal data.

"Notification Email Address" means the email address(es) you used to register for a Service account or otherwise sign up for a Service. It is your responsibility to keep your email address(es) valid and current so that we are able to send notices, statements, and other information to you.

"Order" means Fusing’s applicable online order page(s), flows, in-product screens or other Fusing-approved ordering document or process describing the products and services you are ordering from us and, as applicable, their permitted scope of use. As applicable, the Order will identify: (i) the Services, (ii) the number of End Users, Subscription Term, domain(s) associated with your use of Services, storage capacity or limits, or other scope of use parameters and (iii) (for paid Orders) the amount or rate you will be charged, the billing and renewal terms, applicable currency, and form of payment. Orders may also include Additional Services and No-Charge Services.

"Our Deliverables" means any materials, deliverables, modifications, derivative works or developments that we provide in connection with any Additional Services.

"Our Policies" means our Acceptable Use Policy, Privacy Policy, Cookie Policy, and (unless specified) any other policies or terms referenced in these Terms.

"Our Technology" means the Services (including all No-Charge Services), Our Deliverables, their "look and feel", any and all related or underlying technology and any modifications or derivative works of the foregoing, including as they may incorporate Feedback.

"PCI DSS" means the Payment Card Industry Data Security Standards.

"PO" means a purchase order.

"Product-Specific Terms" means additional terms that may apply to certain Services and Additional Services.

"Sensitive Personal Information" means any (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical or other protected health information regulated by HIPAA; (iii) credit, debit or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers or other government ID numbers; or (vi) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.

"Services" means our cloud-based automation technologies, APIs, SDKs, applications and websites provided and maintained by us.

"Subscription Term" means your permitted subscription period for a Service, as set forth in the applicable Order.

"Support" means support for the Services.

"Your Data" means any data, content, code, video, images or other materials of any type that you (including any of your End Users) submit to Services. In this context, "submit" (and any similar term) includes submitting, uploading, transmitting or otherwise making available Your Data to or through the Services.

"Your Materials" means your materials, systems, personnel or other resources.