Software license and updates
Access to some of our Services requires you to download a software package — referred to as “Software”. The Software is licensed to you and not sold, subject to the terms of this agreement. We grant you a nonexclusive, nontransferable, revocable license to use the Software solely for your personal purposes. This license enters into force through your installation or use of the Software in accordance with the Terms. All rights and licenses not expressly granted to you under this agreement are retained by us. We may update the Software on your device automatically to provide new features and security upgrades.
Some of our code is available under open-source licenses that constitute separate written agreements. There may be provisions in the open-source licenses that expressly override these terms.
The software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These terms don’t give you the right to use our logos, trademarks, domain names, or other brand features.
You agree that you won’t attempt to or in fact do the following to the Services: probe, scan, or test the vulnerability of any system or network; breach or otherwise circumvent any security or authentication measures; access, tamper with, or use non-public areas of the Services, areas of the Services you haven’t been invited to including our or our service providers’ computer systems; or commercialize, reproduce, modify, translate, create any derivative works, circumvent, disable, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Services (our open-source code is subject to separate licenses).
Responsibility for content
All content submitted to or available through the Services is the sole responsibility of the person who submitted the content. By submitting, posting, or displaying content as part of the Services, you give us the right to use such content. We don’t control, monitor, or have any detailed knowledge of the content. Therefore, you may be exposed to info that’s incorrect, offensive, or otherwise objectionable. We shall not be liable for the content and other info spread or delivered through or in connection with the Services. You agree that you shall bear all risks associated with the use of such info. We have no responsibility to remove content you make public — for example, comments you make on our blog or forum — so please be careful with what you post.
Linked sites and services
We choose our third-party providers carefully but we’re not responsible for the practices employed by websites linked to or from the Services, nor their information or content. When you use a link to go from the Services to another website, your browsing and interaction is subject to that website’s own rules and policies, not ours. Please read over those rules and policies before proceeding.
We do our best to provide a great service, but we have no obligation to provide support or maintenance for the Services under this agreement. However, we may, at our sole discretion, provide limited technical support, upgrades, and updates.
Termination and refunds
You may terminate this agreement at any time by ceasing to participate in or access the Services. We may terminate this agreement and your use at any time, without cause and without notice. This agreement will automatically terminate if you fail to comply with the Terms. Upon any termination, you agree to uninstall and stop using the Services. Please note that if you purchase our Services through a third-party, like the Apple App Store, Google Play Store, or Amazon Fire platform, terminations and refunds are subject to their respective policies.
(The next paragraph is capitalized because of its importance.)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND YOU’RE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.
You understand and acknowledge that we won’t be liable for problems attributable to the operation of the Services. Some states don’t allow these types of limiting terms.
Limitation of liability
(Again with the capitalization.)
YOU EXPRESSLY AGREE THAT WE SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, even if advised of the possibility of such damages. Your only right or remedy with respect to any problems or dissatisfaction with the Services is to uninstall and stop using the Services. In any event, direct damages are limited to the greater of (a) the amount paid for the Services or (b) $100.
If any of, or portions thereof, the Terms are invalid or unenforceable, the court shall reform the Terms to include an enforceable term as close to the intent of the original term as possible. All other terms shall remain unchanged.
The waiver or failure of us to exercise any right provided for in the Terms shall not be deemed a waiver of any further or future right under the Terms.
Governing law and dispute resolution
The Terms and any dispute arising from your use of the Services shall be governed by and construed in accordance with US federal law and the laws of the state of California. All disputes relating to the Terms shall be settled in the California State Court, County of Santa Clara or in the US Federal Court, Northern District of California. You and we agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceeding.
Changes to the Terms
We may make small, inconsequential changes to the Terms with or without notice to you, so you’re encouraged to review the Terms from time to time. Changes we consider significant will be emailed to users who subscribe to the our newsletter or to those who submit a request to firstname.lastname@example.org. By continuing to use the Services after revisions become effective, you are agreeing to the revised terms. If you don’t agree to the revised terms, please stop using the Services.
You can contact us at email@example.com if you have any questions about the Terms.