Terms of Service

The Gist

We operate the assay.it service, which we hope you use. If you use it, please use it responsibly. If you don’t, we’ll have to terminate your account.

For paid accounts, you’ll be charged on a monthly basis. You can cancel anytime, but there are no refunds.

You own the source code that you provide to assay.it and you’re responsible for keeping it safe.

The Terms of Service, assay.it itself, and our prices can change at any time. We’ll warn you 30 days in advance of any price changes. We’ll try to warn you about major changes to the Terms of Service or assay.it, but we make no guarantees.

That’s the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).

Reuse

This document is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither Heroku, Inc. nor Google, Inc. is not connected with and does not sponsor or endorse assay.it or its use of the work.

You’re welcome to adapt and use this document for your own needs. If you make an improvement, we’d appreciate it if you would let us know so we can consider improving our own document.

Your Agreement with assay.it

Your use of the Service is governed by this agreement (the “Terms”). The “Service” means online and offline available include web application(s), application’s blog and documentation, interfaces, and any other software, sites, and services offered in connection to any of those. “Customer Source Code” means any source code you submit to the Service for the purpose of using the Service. “Content” means all content generated by the Service on your behalf (including metric data) and does not include Customer Source Code.

In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that we will treat Your use of the Service as acceptance of the Terms from that point onwards.

The Service may make changes to the Terms from time to time. You may reject the changes by terminating Your subscription. You understand and agree that if You use the Service after the date on which the Terms have changed, we will treat Your use as acceptance of the updated Terms.

If you have any questions about the Terms, please contact us.

Your Account and Use of the Service

You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.

You may not use the service unless you are over the age of 13.

You must be a human. Sign ups via automated methods are not permitted.

You must provide accurate and complete registration information any time You register to use the Service.

You are responsible for the security of Your passwords and for any use of Your user.

Your use of the Service must comply with all applicable laws, regulations and ordinances.

You agree to not engage in any activity that interferes with or disrupts the Service.

You must not violate any applicable law in using the Service.

The Service reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in disabling or throttling your usage of the Service for any amount of time.

You must not submit any content to the Service that is illegal, offensive, or otherwise harmful. You must not submit any content to the Service in violation of law, infringing the intellectual property rights of others, violating the privacy or other rights of others, or in violation of any agreement with a third party.

You must not disclose information via the Service that you do not have the right to disclose, such as confidential information of others.

You must not copy or share any personally identifiable information of any other person through the Service without their specific permission.

Fees for Use of the Service

The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.

Usage over this limit (or after the “trial” period) or requires Your purchase of additional resources or services.

For all purchased resources and services, we will charge Your credit card on a monthly basis.

Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open subscription.

Charges are solely based on the measurements of Your use of the Service, defined by your subscription, unless otherwise agreed to in writing.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.

You acknowledge and agree that any credit card and related billing and payment information that You provide to the Service may be shared by the Service with companies who work on behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to the Service and servicing Your subscription.

The Service may change its fees and payment policies by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.

Cancellation and Termination

You must cancel Your subscription via https://assay.it/. An email or phone request to cancel Your subscription is not considered cancellation.

You will not receive any refunds if You cancel Your subscription.

If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again.

All of Customer Source Code and Content will, within a reasonable amount of time to be determined solely by the Service, be deleted upon cancellation.

You agree that the Service, in its sole discretion and for any or no reason, may terminate or suspend Your subscription. You agree that any termination of Your access to the Service may be without prior notice, and You agree that the Service will not be liable to You or any third party for such termination.

Customer Source Code

The Service claims no ownership or control over any Customer Source Code. You retain copyright and any other rights You already hold in the Customer Source Code and You are responsible for protecting those rights, as appropriate.

You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer Source Code provided to the Service.

You understand that private projects will display Customer Source Code to You and any collaborators that you designate for that project.

You retain sole responsibility for any collaborators or third-party services that you allow to view Customer Source Code and entrust them at your own risk.

The Service is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties to view any Customer Source Code.

Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place the Service under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Modification of the Service

You acknowledge and agree that the Service may change from time to time without prior notice to You.

Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.

The Service shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

External Resources

The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that the Service is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

License from the Service and Restrictions

All of the content available on or through the Service, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, but expressly excluding Customer Source Code, is owned and/or controlled by the Service, or other licensors or Service users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Service and any underlying technology or software used in connection with the Service contain our proprietary information.

Subject to and conditioned upon your compliance with these Terms of Service, we grant to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You as a Service. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service, in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by the Service, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms of Service, the open source licenses govern Your agreement for the use of the components of the Service released under an open source license.

You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other users’ use or enjoyment of the Service.

You may not attempt to gain unauthorized access to any of the Service, member accounts, or computer systems or networks, through hacking, password mining or any other means.

Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

• remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Service or in any content or other material obtained via the Service;
• use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
• reformat or frame any portion of the web pages that are part of the Service;
• use the Service for commercial purposes not permitted under these Terms;
• create users by automated means or under false or fraudulent pretenses;
• attempt to defeat any security or verification measure relating to the Service;
• provide or use tracking or monitoring functionality in connection with the Service, including, without limitation, to identify other users’ actions or activities;
• impersonate or attempt to impersonate the Service or any employee, contractor or associate of the Service, or any other person or entity;
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Links to Other Websites

The Service may contain advertisements and/or links to other websites (“Third Party Sites”). The Service does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. The Service bears no responsibility for any action associated with any Third Party Site.

Disclaimer of Warranties

IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. THE SERVICE DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL THE SERVICE, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.

Limitations on Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”