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Terms of Service

Last updated: July 13, 2025

Welcome to Counterthing ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our application, website, APIs, and related services (collectively, the "Service"). Please read these Terms carefully.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy (available at Privacy Policy). If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service.

2. Description of Service

Counterthing provides a platform that allows users to:

  • Create and manage digital widgets that display various data points.
  • Connect to supported third-party services (such as Google, Etsy, Microsoft Entra ID, Xbox Live) via OAuth or similar protocols to populate widget data.
  • (Optionally) Pair compatible physical display devices ("Devices") with their account.
  • (Optionally) Utilize our API for device registration, configuration retrieval, and submission of data from paired Devices.
  • View aggregated data visualizations (e.g., an order map based on connected Etsy data).

We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice at any time.

3. User Accounts

  • Registration: To use most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for safeguarding your password and any other credentials used to access your account. You agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately of any unauthorized use of your account.
  • Account Usage: You may only use the Service for lawful purposes and in accordance with these Terms.

4. Connected Services

  • Authorization: The Service allows you to connect your account with third-party services ("Connected Services"). By connecting a Connected Service, you grant us permission to access and use your information from that service as permitted by that service and as described in our Privacy Policy.
  • Third-Party Terms: Your use of any Connected Service is governed by the terms of service and privacy policies of the provider of that service. We are not responsible or liable for the actions, content, data handling, or security practices of any Connected Service.
  • Data Accuracy: We rely on the APIs provided by Connected Services. We are not responsible for the accuracy, availability, or timeliness of data provided by Connected Services.

5. Devices and API Usage (If Applicable)

  • Device Pairing: If you pair a Device with the Service, you are responsible for the physical security of the Device and for ensuring it operates according to any instructions provided.
  • API Use: If you utilize our API with your paired Device, you agree to use it solely for the intended purposes of registering the device, retrieving configurations, and submitting results for tasks assigned by the Service. You must not misuse the API, attempt to circumvent authentication, or generate excessive load. You are responsible for keeping your Device's identifier and secret key confidential.

6. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
  • Violating or encouraging others to violate the rights of third parties, including intellectual property rights.
  • Posting, uploading, or distributing any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
  • Interfering with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content.
  • Interfering with the operation of the Service or any user's enjoyment of the Service, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements, or attempting to collect personal information about users or third parties without their consent.
  • Performing any fraudulent activity, including impersonating any person or entity, accessing others' accounts without permission, or falsifying your age or date of birth.
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of any portion of the Service.
  • Attempting to access the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers, or our explicitly provided API for paired Devices.

7. Intellectual Property

The Service and its original content (excluding content provided by users or obtained from Connected Services), features, and functionality are and will remain the exclusive property of Counterthing and its licensors. The Service is protected by copyright, trademark, and other laws of both Massachusetts, USA and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COUNTERTHING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COUNTERTHING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $50.00, WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Counterthing and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Massachusetts, USA, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

14. Contact Us

If you have any questions about these Terms, please contact us at: support@counterthing.com