These Terms of Service (“Terms”) are an agreement between BluBracket, Inc.(“BluBracket” or “us” or “we”) and the individual user (“you” or “your”) who accepts these Terms regarding your access and use of the BluBracket application known as the BluBracket Community Edition (“BluBracket Community Edition”).
BluBracket reserves the right to revise these Terms from time to time, which will be updated at www.blubracket.com/CEterms. Any changes will be effective upon posting the revised version of these Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE BLUBRACKET COMMUNITY EDITION.
- Certain definitions used in these Terms are set forth below; other capitalized terms used herein shall have the respective meanings set forth elsewhere in these Terms:
- “Confidential Information” means all non-public, proprietary or confidential information disclosed by you or us (“Disclosing Party”) to the other (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding disclosure. The BluBracket Community Edition is the Confidential Information of BluBracket. Your Data shall be considered the Confidential Information of You.
- “Your Data” means your source code or software code included in your repositories in GitHub and monitored by BluBracket Community Edition.
- PROVISION OF BLUBRACKET COMMUNITY EDITION
- BluBracket Community Edition. BluBracket shall make the BluBracket Community Edition available to you in order for you to monitor your repositories in applications like GitHub and to identify weaknesses or secrets within those repositories. You shall only use the BluBracket Community Edition for purposes of monitoring software code you have developed.
- You shall not: (a) alter, reverse engineer, decompile, disassemble, create derivative works, or otherwise seek to obtain the source code of, or APIs to the BluBracket Community Edition or any portion thereof; (b) rent, lease, copy, or distribute the BluBracket Community Edition to a third party for any purpose; (c) use the BluBracket Community Edition to build a competitive product or service for any purpose; (d) disclose the results of any benchmark tests; (e) remove or modify any copyright, trademark, or other proprietary notices contained in the BluBracket Community Edition; (f) circumvent or modify any security measures or technologies included as part of the BluBracket Community Edition, including those indented to restrict license rights.
- Your access to the BluBracket Community Edition occurs via a SAML login protocol (“SAML Protocol”) in another application, such as GitHub. You acknowledge that BluBracket has no control over the SAML Protocol, and consequently makes no representations or warranties that the BluBracket Community Edition will function in conjunction with the SAML Protocol as intended.
- YOUR OBLIGATIONS
- Compliance with Laws. You shall ensure that your use of the BluBracket Community Edition is at all times compliant with all applicable local, state, federal and international laws, including without limitation, those related to data privacy, international communications, and the exportation of data of any kind.
- Your Data. You represent and warrant that you have sufficient rights in the Your Data to authorize BluBracket to process, distribute and display Your Data as contemplated by these Terms, and that the Your Data does not infringe the rights of any third party. By accessing BluBracket Community Edition, you are giving BluBracket a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display Your Data, solely to the extent necessary to provide the BluBracket Community Edition hereunder. Your Data provided pursuant to these Terms shall at all times be processed and maintained in the United States.
- Access Your Development Environment. You permit BluBracket to access your GitHub environment solely to the extent required to provide you access to and use of BluBracket Community Edition hereunder.
- CONFIDENTIAL INFORMATION
The Receiving Party shall protect the Disclosing Party’s Confidential Information with the same degree of care as it uses to protect its own such information, but in no event less than a reasonable standard of care, and Confidential Information shall only be used for the purposes contemplated herein. The Receiving Party’s nondisclosure obligations shall not apply to information which the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the Receiving Party; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (d) is independently developed by the Receiving Party without access to such information; or (e) disclosure is required pursuant to a regulation, law or court order (but only to the extent required to comply with such order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which monetary damages would be insufficient and therefore upon any such disclosure the Disclosing Party shall be entitled to equitable relief in addition to any other remedies it might have at law.
- BluBracket retains all right, title and interest including all patent, copyright, trade secret and other intellectual property rights in and to the BluBracket Community Edition, and Feedback (defined below), and any and all related and underlying software, tools, techniques, algorithms, works of authorship, databases, technology, reports and documentation, including all modifications and derivative works thereof that may be developed prior to the Agreement or in the course of providing the BluBracket Community Edition (together, “BluBracket IP”). For the avoidance of doubt, BluBracket IP expressly excludes any of your Confidential Information and/or Your Data you provide to us.
- You may provide suggestions, recommendations, and other feedback about BluBracket Community Edition (“Feedback”). BluBracket shall own, without limitation, all Feedback, and Feedback shall not be considered a work made for hire.
- Your Data. You shall retain all right, title and interest (including any and all intellectual property rights) in and to Your Data.
- CAncellation AND TERMINATION
- Your Cancellation. You may revoke privileges to BluBracket Community Edition at any time via the SAML Protocol of the application with your code repositories . We are not able to cancel accounts in response to an email or phone request.
- BluBracket’s Termination. BluBracket has the right to suspend or terminate your access to all or any part of BluBracket Community Edition at any time, with or without cause, with or without notice, effective immediately. BluBracket reserves the right to refuse service to anyone for any reason at any time.
- Effect of Cancellation or Termination. Upon cancellation or termination of these Terms for any reason, you shall: (a) immediately cease all use of and access to the BluBracket Community Edition; and (b) return or destroy (and certify destruction thereof) any and all BluBracket Confidential Information in your possession.
- The following Sections shall survive expiration or termination of these Terms: 2.2 (“Restrictions”), 4 (“Confidential Information”), 5 (“Ownership”), 6.3 (“Effect of Cancellation or Termination”), 7 (“No Warranty”), 8 (“Limitation of Liability”), and 10 (“General”).
- NO WARRANTY. THE BluBracket Community Edition IS provided “AS IS” AND WITH ALL FAULTS. blubracket specifIcally DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT BLUBRACKET SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER third party SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BLUBRACKET.
- Limitation of liability
- BLUBRACKET SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF USE, LOST or inaCcurate DATA, DAMAGE TO YOUR COMPUTING ENVIRONMENT, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
- BLUBRACKET’S ENTIRE LIABILITY TO YOU RELATING TO THE SUBJECT MATTER OF THESE TERMS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
- Electronic Communications. To make use of the product and to stay in contact with BluBracket, you (1) consent to receive communications from us in an electronic form via the email address associated with the GitHub account you provide BluBracket access to; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
- Legal Notices. Communications made through email or BluBracket Support’s community Slack channel will not constitute legal notice to BluBracket or any of its officers, employees, agents or representatives in any situation where notice to BluBracket is required by contract or any law or regulation. Legal notice to BluBracket must be in writing and served to BluBracket at 941 Emerson St., Palo Alto CA 94301, attention CEO with a copy to Legal.
- You may not assign these Terms in whole or in part without our prior written consent . Any attempted assignment in violation of this provision will be void.
- Entire Agreement. These Terms are the complete and exclusive statement of our mutual understanding and supersede all previous written and oral agreements and communications relating to the subject matter.
- Force Majeure. Neither of us shall be liable to the other for any delay or failure to perform any obligation hereunder if the delay or failure is due to unforeseen events which occur and which are beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, war, acts of terrorism, riot, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
- Governing Law; Jurisdiction and Venue. These Terms shall be governed by the laws of the State of California without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Any claim arising from these Terms shall be brought in the federal courts for the Northern District of California or the state courts located in San Mateo, California.
- Relationship of Parties. You and BluBracket are independent contractors. There is no relationship of partnership, joint venture, employment, or agency created hereby and neither of us has the power to bind the other without prior written consent.
- If any provision of these Terms are determined to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be construed to the maximum extent possible and these Terms shall otherwise remain in effect.
- Failure by one of us to enforce a provision of these Terms shall not be deemed a waiver of any other provision. A waiver will not be effective unless in writing signed by the waiving party.