Terms of use
Last updated: January 1, 2025
Introduction
Welcome to Filament. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: concierge@filament.dm
Address: 228 Park Ave S, PMB 51529, New York, New York 10003
These Terms of Use (the “Terms”) are a binding contract between you and Filament Industries Inc. (“Filament,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and Copyright Dispute Policy in the “What if I see something on the Services that infringes my copyright?” section of these Terms. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://filament.dm/, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Filament takes the privacy of its users very seriously. For the current Filament Privacy Policy, please click here.
Children’s Online Privacy Protection
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at concierge@filament.dm.
What are the basics of using Filament?
You may be required to sign up for an account, select a password and user name (“Filament User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Filament User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Filament User ID, account or password with anyone, and you must protect the security of your Filament User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Filament User ID and account.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Filament sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Filament to send you information regarding your account or transactions with us, which may include Filament using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Filament, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Filament. You agree to indemnify and hold Filament harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Filament);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Filament;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Filament User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Filament's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Filament owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Filament or to other users?
User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Filament a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Filament account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Filament the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Filament the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Filament the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to other Filament users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. Also, you grant other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Filament account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Filament's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Filament, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to:
Block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and
Remove and discontinue service to repeat offenders.
(1) Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Filament's Designated Agent:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of works or materials being infringed;
Identification of the infringing material and information sufficient to locate it, so we can find and verify its existence;
Contact information of the notifier including address, phone number, and email address (if available);
A statement that the notifier has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the information in the notice is accurate and that the notifier is authorized to act on behalf of the copyright owner.
(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
We reserve the right to:
Remove or disable access to the infringing material;
Notify the content provider that their material has been removed or access disabled; and
Terminate such content provider’s access to the Services if they are a repeat offender.
(3) Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider believes the material was wrongly removed or disabled, they may send a counter-notice to the Designated Agent containing:
A physical or electronic signature of the content provider;
Identification of the material that was removed or disabled and where it appeared before;
A statement that the provider believes in good faith that the removal or disabling was a mistake or misidentification;
The provider's name, address, telephone number, and, if available, email address, along with a statement consenting to the jurisdiction of the appropriate federal court and accepting service of process from the party who submitted the original notice.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Filament's Designated Agent at the following address:
Filament Industries Inc.
Attn: DMCA Designated Agent
228 Park Ave S, PMB 51529
New York, NY 10003
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your acquisition or lack thereof of Content through the Services. We can’t guarantee the identity of users you interact with and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services not owned or controlled by Filament. When you access third-party sites or services, you accept that there are risks, and that Filament is not responsible for those risks.
Filament has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or services. Filament does not monitor, verify, censor, or edit third-party content. We encourage you to read the terms and privacy policies of each third-party website or service you use. By using the Services, you release and hold us harmless from any liability arising from your use of third-party websites or services.
Your interactions with organizations or individuals found on or through the Services are solely between you and them. This includes payments, delivery of goods or services, and any terms, warranties, or representations. You agree Filament is not liable for any loss or damage resulting from such dealings.
If there is a dispute between participants on the Services, or between users and a third party, you agree that Filament has no obligation to become involved. In the event of such a dispute, you release Filament and its affiliates from all claims, known or unknown, arising out of or related to such disputes or the Services.
You waive California Civil Code Section 1542 (and similar laws) which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Filament ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or introduce new features, limit certain features, or restrict access to parts or all of the Services. We’ll try to notify you when a material change occurs that adversely affects you, but this may not always be practical. We reserve the right to remove any Content from the Services at any time, for any reason, including if it violates these Terms, without notice.
Do the Services cost anything?
The Services are currently free, but we reserve the right to charge for some or all Services in the future. We will notify you before any Services begin carrying a fee, and you must pay all applicable fees to continue using them.
What if I want to stop using the Services?
You may stop using the Services at any time by contacting us at concierge@filament.dm. Refer to our Privacy Policy and the licenses above to understand how we treat your information after you stop using the Services.
Filament may also terminate or suspend your access or account at its sole discretion, especially in case of a Terms violation. Account termination may result in the destruction of your content. We may try to notify you in advance to let you retrieve important User Submissions, but this may not always be possible.
If you deleted your account by mistake, contact us immediately at concierge@filament.dm. We’ll try to help, but cannot guarantee recovery.
Provisions that should survive termination include indemnity obligations, liability limitations, ownership or IP terms, and dispute/arbitration clauses.
What about Mobile Applications?
You acknowledge that the mobile app’s availability depends on third-party stores (e.g., Apple App Store or Google Play). Each store may have terms you must agree to, and your use of the app must comply with those terms. If those terms conflict with these Terms, these Terms control.
I use the Filament App via the Apple App Store — what should I know?
These Terms apply to all Services, including our iOS app (the “Application”), and the following also apply to your use of the app:
You and Filament acknowledge that these Terms are between you and Filament, not Apple, and Apple is not responsible for the app or its content.
The app is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis for your personal, non-commercial use only, in accordance with these Terms.
You will use the app only with Apple devices that you own or control.
Apple has no obligation to provide maintenance or support for the app.
If the app fails to meet warranty standards, you may notify Apple and they may refund the purchase price (if any). Apple has no further warranty obligations.
Filament, not Apple, is responsible for handling any claims you or others have related to the app.
If there’s a third-party IP claim against the app, Filament is responsible for resolving it.
You warrant you’re not in a U.S. embargoed country or listed as a prohibited party.
You’ll comply with all third-party agreements affecting your use of the app.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Note: If you use the app for real-time route guidance, YOU DO SO AT YOUR OWN RISK. LOCATION DATA MAY BE INACCURATE.
What else do I need to know?
Warranty Disclaimer
Filament and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents (collectively, the “Filament Parties”) make no representations or warranties concerning the Services.
The Filament Parties are not liable for the accuracy, legality, copyright compliance, or decency of material accessed through the Services. The Services and Content are provided "as-is," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow limitations on implied warranties, so these exclusions may not apply to you.
Limitation of Liability
To the fullest extent allowed by law, under no circumstances shall any Filament Party be liable for:
Any indirect, special, incidental, punitive, or consequential damages;
Substitute goods, services, or technology;
More than $100 in aggregate liability; or
Anything beyond our reasonable control.
Some jurisdictions do not allow exclusion or limitation of certain damages, so the above may not apply to you.
Indemnity
You agree to indemnify and hold harmless the Filament Parties against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of:
Your use of the Services (including actions taken by others using your account), and
Your violation of these Terms.
Assignment
You may not assign or transfer these Terms or your rights without Filament's written consent. Filament may transfer or delegate its rights and obligations without consent.
Choice of Law
These Terms are governed by the Federal Arbitration Act, applicable U.S. federal law, and the laws of the State of Delaware.
Arbitration Agreement
You agree to resolve certain disputes with Filament through binding arbitration. Filament’s personnel are third-party beneficiaries of this agreement and may enforce it.
Arbitration Rules: Disputes will be settled by binding arbitration in New Castle County, Delaware under the JAMS Streamlined Arbitration Rules, in English, with one qualified commercial arbitrator. Judgment may be entered in any competent court.
Costs: Filament will cover arbitration fees for claims under $75,000 and will not seek attorneys’ fees unless your claim is deemed frivolous.
Small Claims / Injunctive Relief: Either party may bring a qualifying claim in small claims court or seek equitable relief in any competent court.
Waiver of Jury Trial: You and Filament waive the right to a jury trial and agree to arbitration instead.
Class Action Waiver: All claims must be brought individually. If this waiver is found invalid, arbitration does not apply and claims will proceed in court.
Opt-Out: You may opt out of this arbitration agreement within 30 days of accepting these Terms by mailing notice to 228 Park Ave S, PMB 51529, New York, NY 10003, including your name, address, contact info, and a clear opt-out statement.
Exclusive Venue: If opting out or if arbitration is deemed unenforceable, disputes will be handled in courts in New Castle County, Delaware or its federal district.
Severability: If class action waivers are unenforceable, the arbitration section becomes void. This section survives termination of your relationship with Filament.
Miscellaneous
You’re responsible for any taxes related to your activity with the Services. Failure to enforce rights doesn't waive them. If any provision is found unenforceable, the rest remain valid.
These Terms are the entire agreement between you and Filament. You are not an employee, agent, or representative of Filament and have no authority to bind Filament.
Except where noted (Apple Application terms, Arbitration Agreement), there are no third-party beneficiaries to these Terms.
Introduction
Welcome to Filament. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: concierge@filament.dm
Address: 228 Park Ave S, PMB 51529, New York, New York 10003
These Terms of Use (the “Terms”) are a binding contract between you and Filament Industries Inc. (“Filament,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and Copyright Dispute Policy in the “What if I see something on the Services that infringes my copyright?” section of these Terms. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://filament.dm/, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Filament takes the privacy of its users very seriously. For the current Filament Privacy Policy, please click here.
Children’s Online Privacy Protection
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at concierge@filament.dm.
What are the basics of using Filament?
You may be required to sign up for an account, select a password and user name (“Filament User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Filament User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Filament User ID, account or password with anyone, and you must protect the security of your Filament User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Filament User ID and account.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Filament sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Filament to send you information regarding your account or transactions with us, which may include Filament using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Filament, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Filament. You agree to indemnify and hold Filament harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Filament);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Filament;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Filament User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Filament's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Filament owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Filament or to other users?
User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Filament a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Filament account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Filament the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Filament the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Filament the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to other Filament users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. Also, you grant other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Filament account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Filament's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Filament, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to:
Block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and
Remove and discontinue service to repeat offenders.
(1) Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Filament's Designated Agent:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of works or materials being infringed;
Identification of the infringing material and information sufficient to locate it, so we can find and verify its existence;
Contact information of the notifier including address, phone number, and email address (if available);
A statement that the notifier has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the information in the notice is accurate and that the notifier is authorized to act on behalf of the copyright owner.
(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
We reserve the right to:
Remove or disable access to the infringing material;
Notify the content provider that their material has been removed or access disabled; and
Terminate such content provider’s access to the Services if they are a repeat offender.
(3) Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider believes the material was wrongly removed or disabled, they may send a counter-notice to the Designated Agent containing:
A physical or electronic signature of the content provider;
Identification of the material that was removed or disabled and where it appeared before;
A statement that the provider believes in good faith that the removal or disabling was a mistake or misidentification;
The provider's name, address, telephone number, and, if available, email address, along with a statement consenting to the jurisdiction of the appropriate federal court and accepting service of process from the party who submitted the original notice.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Filament's Designated Agent at the following address:
Filament Industries Inc.
Attn: DMCA Designated Agent
228 Park Ave S, PMB 51529
New York, NY 10003
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your acquisition or lack thereof of Content through the Services. We can’t guarantee the identity of users you interact with and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services not owned or controlled by Filament. When you access third-party sites or services, you accept that there are risks, and that Filament is not responsible for those risks.
Filament has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or services. Filament does not monitor, verify, censor, or edit third-party content. We encourage you to read the terms and privacy policies of each third-party website or service you use. By using the Services, you release and hold us harmless from any liability arising from your use of third-party websites or services.
Your interactions with organizations or individuals found on or through the Services are solely between you and them. This includes payments, delivery of goods or services, and any terms, warranties, or representations. You agree Filament is not liable for any loss or damage resulting from such dealings.
If there is a dispute between participants on the Services, or between users and a third party, you agree that Filament has no obligation to become involved. In the event of such a dispute, you release Filament and its affiliates from all claims, known or unknown, arising out of or related to such disputes or the Services.
You waive California Civil Code Section 1542 (and similar laws) which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Filament ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or introduce new features, limit certain features, or restrict access to parts or all of the Services. We’ll try to notify you when a material change occurs that adversely affects you, but this may not always be practical. We reserve the right to remove any Content from the Services at any time, for any reason, including if it violates these Terms, without notice.
Do the Services cost anything?
The Services are currently free, but we reserve the right to charge for some or all Services in the future. We will notify you before any Services begin carrying a fee, and you must pay all applicable fees to continue using them.
What if I want to stop using the Services?
You may stop using the Services at any time by contacting us at concierge@filament.dm. Refer to our Privacy Policy and the licenses above to understand how we treat your information after you stop using the Services.
Filament may also terminate or suspend your access or account at its sole discretion, especially in case of a Terms violation. Account termination may result in the destruction of your content. We may try to notify you in advance to let you retrieve important User Submissions, but this may not always be possible.
If you deleted your account by mistake, contact us immediately at concierge@filament.dm. We’ll try to help, but cannot guarantee recovery.
Provisions that should survive termination include indemnity obligations, liability limitations, ownership or IP terms, and dispute/arbitration clauses.
What about Mobile Applications?
You acknowledge that the mobile app’s availability depends on third-party stores (e.g., Apple App Store or Google Play). Each store may have terms you must agree to, and your use of the app must comply with those terms. If those terms conflict with these Terms, these Terms control.
I use the Filament App via the Apple App Store — what should I know?
These Terms apply to all Services, including our iOS app (the “Application”), and the following also apply to your use of the app:
You and Filament acknowledge that these Terms are between you and Filament, not Apple, and Apple is not responsible for the app or its content.
The app is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis for your personal, non-commercial use only, in accordance with these Terms.
You will use the app only with Apple devices that you own or control.
Apple has no obligation to provide maintenance or support for the app.
If the app fails to meet warranty standards, you may notify Apple and they may refund the purchase price (if any). Apple has no further warranty obligations.
Filament, not Apple, is responsible for handling any claims you or others have related to the app.
If there’s a third-party IP claim against the app, Filament is responsible for resolving it.
You warrant you’re not in a U.S. embargoed country or listed as a prohibited party.
You’ll comply with all third-party agreements affecting your use of the app.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Note: If you use the app for real-time route guidance, YOU DO SO AT YOUR OWN RISK. LOCATION DATA MAY BE INACCURATE.
What else do I need to know?
Warranty Disclaimer
Filament and its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents (collectively, the “Filament Parties”) make no representations or warranties concerning the Services.
The Filament Parties are not liable for the accuracy, legality, copyright compliance, or decency of material accessed through the Services. The Services and Content are provided "as-is," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow limitations on implied warranties, so these exclusions may not apply to you.
Limitation of Liability
To the fullest extent allowed by law, under no circumstances shall any Filament Party be liable for:
Any indirect, special, incidental, punitive, or consequential damages;
Substitute goods, services, or technology;
More than $100 in aggregate liability; or
Anything beyond our reasonable control.
Some jurisdictions do not allow exclusion or limitation of certain damages, so the above may not apply to you.
Indemnity
You agree to indemnify and hold harmless the Filament Parties against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of:
Your use of the Services (including actions taken by others using your account), and
Your violation of these Terms.
Assignment
You may not assign or transfer these Terms or your rights without Filament's written consent. Filament may transfer or delegate its rights and obligations without consent.
Choice of Law
These Terms are governed by the Federal Arbitration Act, applicable U.S. federal law, and the laws of the State of Delaware.
Arbitration Agreement
You agree to resolve certain disputes with Filament through binding arbitration. Filament’s personnel are third-party beneficiaries of this agreement and may enforce it.
Arbitration Rules: Disputes will be settled by binding arbitration in New Castle County, Delaware under the JAMS Streamlined Arbitration Rules, in English, with one qualified commercial arbitrator. Judgment may be entered in any competent court.
Costs: Filament will cover arbitration fees for claims under $75,000 and will not seek attorneys’ fees unless your claim is deemed frivolous.
Small Claims / Injunctive Relief: Either party may bring a qualifying claim in small claims court or seek equitable relief in any competent court.
Waiver of Jury Trial: You and Filament waive the right to a jury trial and agree to arbitration instead.
Class Action Waiver: All claims must be brought individually. If this waiver is found invalid, arbitration does not apply and claims will proceed in court.
Opt-Out: You may opt out of this arbitration agreement within 30 days of accepting these Terms by mailing notice to 228 Park Ave S, PMB 51529, New York, NY 10003, including your name, address, contact info, and a clear opt-out statement.
Exclusive Venue: If opting out or if arbitration is deemed unenforceable, disputes will be handled in courts in New Castle County, Delaware or its federal district.
Severability: If class action waivers are unenforceable, the arbitration section becomes void. This section survives termination of your relationship with Filament.
Miscellaneous
You’re responsible for any taxes related to your activity with the Services. Failure to enforce rights doesn't waive them. If any provision is found unenforceable, the rest remain valid.
These Terms are the entire agreement between you and Filament. You are not an employee, agent, or representative of Filament and have no authority to bind Filament.
Except where noted (Apple Application terms, Arbitration Agreement), there are no third-party beneficiaries to these Terms.
Terms of use
Last updated: January 1, 2025