Graphite

" 2. Payment. Payment for the Services is billed in advance as specified in the applicable Order. All Fees are payable in U.S. dollars. Payment obligations for use of the Services are non-cancelable and Fees paid are non-refundable."

" 4. No Subscription Refunds. Except as expressly set forth in this Agreement or required by law, payments for Services are nonrefundable. Refunds will not be provided for partially used subscription periods. We may, at our sole discretion, provide prorated refunds in exceptional circumstances, such as prolonged service downtime caused by factors under Graphite’s control. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made."

" 2. Customer Content. You represent and warrant that you have obtained all necessary rights, consents, authorizations and permissions to provide and use the Customer Content (including all intellectual property rights therein) in connection with Customer's use of the Services and that Graphite's use thereof as contemplated by this Agreement will not infringe or violate (a) any third party intellectual property, publicity, privacy or other rights, (b) any Laws, or (c) any terms of service, privacy policies or other agreement governing your GitHub account. You agree not to provide any Customer Content in violation of any fiduciary duty, duty of confidentiality, or contractual obligation. Customer is solely responsible for any Customer Content and other information that Customer (or any of its Authorized Users) makes available to Graphite. You are responsible for maintaining appropriate backups of your Customer Content. While we take reasonable steps to protect your data, we do not guarantee against data loss, and you agree that Graphite is not responsible for lost or corrupted data. Customer shall notify Graphite if Customer becomes aware that the Services are being used for any illegal or unauthorized purpose."

" 1. Customer Content. As between you and us, you own all right, title, and interest (including all intellectual property rights) in and to Customer Content. You hereby grant to Graphite a non-exclusive, royalty-free, sublicensable, transferable, worldwide license to access, reproduce, modify, distribute, transmit, export, display, store and otherwise use the Customer Content solely as may be necessary for Graphite to provide, protect and improve the Services (including to bill you for such Services in accordance with this Agreement)."

" Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our Services are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/ ."

" Create anonymized and aggregated data sets that we may use for a variety of functions, including research, internal analysis, analytics, and other functions;"

" Information about your use of the Services: Interaction and feedback regarding the Services, including features, search queries within the Services, and certain interactions you make via the Services, such as loads and batches run. We collect this interaction and feedback to provide you with the Services, improve and enhance our Services, conduct research and analytics, and for security purposes."

" Contact information: Name and email address. We collect basic contact details to communicate with you, provide you with the Services, respond to your queries, personalize the Services for you, improve and enhance our Services, market to you, and conduct research and analytics."

" We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, web beacons/clear gifs, and other tracking technologies (“Tracking Technologies”), including Segment and Google Analytics, to provide and enhance the performance of our Services, facilitate and enhance user experience, monitor and analyze trends, usage and activities in connection with the Services and conduct internal research and development. For further information about Google Analytics, please click here."

" 2. Marketing. Customer agrees to allow Graphite to refer to Customer as a customer of Graphite and/or user of the Services, including by referring to the company or entity that employs or engages Customer (if Customer is not a company or entity). Customer hereby grants Graphite with the necessary rights and licenses to use Customer's (and if different, its company's) name and logo on the Graphite Platform and in Graphite's promotional materials to identify Customer (and if different, its company) as a customer of Graphite in accordance with Customer's brand guidelines (if applicable)."

" We may modify this Privacy Policy from time to time in which case we will update the “Last Modified” date at the top of this Privacy Policy. The updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the updated Privacy Policy. If we make material changes we will notify you and/or take other steps as required by applicable law. If you do not agree to any updates to this Privacy Policy, please do not access or continue to use the Services."

" Graphite reserves the right to modify the pricing and terms for Add-Ons at any time, with any such changes taking effect immediately upon posting at https://graphite.com/pricing . Customer is responsible for reviewing any updated Add-On pricing."

" 2. Subscription Payment. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable Fees (as defined below) and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. Our pricing is set out on https://graphite.com/pricing . We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in this Agreement, any price changes or changes to your subscription plan will take effect following reasonable notice to you. If we post new prices or make changes to the subscription plans, you will have the option to cancel your subscription if you do not agree to the new pricing. Should you choose to cancel, the cancellation will take effect at the end of the current subscription period, and no further payments will be required. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility."

" Please note that any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk. We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Policy. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products. "

" 5. Free Trials. You can sign up for a trial Account for the paid portion of the Services and your trial period starts on the day you create the trial Account and lasts for the duration indicated on your free trial confirmation email (or if not specified, then 30 days). If you are on a trial, you may cancel at any time until the last day of your trial by following the cancellation procedures set forth in this Section above. If you do not cancel your trial Account at the end of your free trial period, and we have notified you that your Account will be converted to a paid subscription at the end of the free trial period, you authorize us to charge your credit card or other designated billing method for continued use of the paid Services. You may, however, then cancel your subscription in accordance with this Section above. If you cancel your trial Account or decide not to purchase a paid version of the Services at the end of your trial period, your content or data associated with your trial Account will no longer be available to you, and the Company may delete or remove any such content or data in accordance with applicable Law."

" 2. Beta Services. From time to time, Graphite may make Beta Services (as defined below) available to Customer. Customer may choose to use or not use such Beta Services in Customer's sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not fully supported and may be subject to additional terms that may be presented to Customer. Beta Services are provided on an “as-is” and “as available” basis without any warranty, support, maintenance, or storage of any kind and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Service is at your sole risk and Graphite has no liability related to your use of the Beta Services. You agree that once you use a Beta Service, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Service back to the prior non-beta version. Graphite may discontinue Beta Services at any time in its sole discretion and may never make them generally available. “ Beta Services ” means a product, service or functionality provided by Graphite that may be made available to Customer for testing at Customer's option, at reduced rates or no additional charge. Customer will be informed in advance if any payment is required. Beta Services shall be clearly designated as beta, pilot, limited release, non-production, early access, evaluation or by a similar description. Beta Services may be considered Confidential Information (as defined below) of Graphite, if so denoted or"

" EXCEPT FOR GRAPHITE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE GRAPHITE ENTITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO GRAPHITE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL THE GRAPHITE ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING ANY BETA SERVICES AND OUTPUTS)), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY BETA SERVICES AND OUTPUTS) OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE GRAPHITE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE OTHERWISE FORESEEABLE."

" 6. Time Limitation. Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. "