Terms

Terms

What to expect when using Terminalwire, effective October 9, 2024

Summary

This is a legal agreement between you (the user) and Rocketship, LLC for using Terminalwire software and services. By using Terminalwire, you agree to the terms below. Here are some key points:

The full legal text follows below, which has all the details you need to know.

Definitions

Grant of License

Licensor grants Licensee a limited, revocable, non-exclusive, non-transferable (except as provided in section “No Resale or Sublicensing.”), non-sublicensable license to install and use the Software, subject to the terms of this Agreement. The source code of the Software is owned by Rocketship, LLC. Licensees may view the source code solely for the purposes of troubleshooting issues, identifying bugs, or understanding the functionality of the Software, where such information is not available through the documentation.

Licensees may submit modifications to the source code to address bugs or issues, provided that any such contributions are made under a separate contribution agreement that assigns ownership of the contribution to Rocketship, LLC. Licensees are not permitted to use or run modified versions of the Software (client or server) in production environments without explicit written permission from Rocketship, LLC. If Licensees wish to run a modified version, they must first submit the changes and obtain approval.

Server License

Non-Commercial Server License

Commercial Server License

Subscription License

Perpetual License

Access to Additional Features

Security Responsibilities

Client License

General License for Client Software

Distribution and Use

Indemnification for Client Software Damage

Feedback

We welcome your feedback, comments, and suggestions, but please note that we may use them for any purpose and without any obligation or liability to you. Your feedback will be treated as non-confidential and should not include sensitive information.

Review and Publicity

As a Customer, you grant us the right to use your company name and logo as a reference for marketing purposes and promotional materials or within our portfolio, website, social media, and other public or private communications, as part of a general list of customers.

Do Not Rely on the Information Provided

All published articles, materials, case studies, quotes, graphics, images, videos, and other information contained within the Services, as well as information of any kind communicated during video or phone calls, by email, or through messaging apps (collectively, the “Information”) is provided for general information purposes only. The Information is not intended to provide advice or opinions that you should rely on when making a decision of any kind, including, but not limited to, medical, financial, psychological, or legal decisions. We use reasonable efforts to update the Information. However, we make no warranties or representations, express or implied, that the Information is accurate, complete, or up-to-date. We recommend you consult a certified professional before implementing or acting on the Information.

The Services contain links to other websites and resources provided by third parties. These links are provided for your convenience and informational purposes only. We do not endorse, support, or encourage the sites to which we link or the information contained within them. Such information is subject to change. We have no control over the content of these sites.. These links are provided for your convenience and informational purposes only. We do not endorse, support, or encourage the sites to which we link or the information contained within them. Such information is subject to change. We have no control over the content of these sites.

User Content

Terminalwire may invite or enable Licensee and other users to create, submit, post, transmit, perform, publish, or distribute content and materials (including text, photographs, graphics, and other media) (“User Content”). Licensees listing their apps must make their best-faith effort to describe them accurately.

Rocketship, LLC reserves the right to take down any User Content, including apps listed in the Terminalwire directory, if it is misleading, malicious, illegal, or otherwise violates this Agreement. Licensee understands that all User Content made available in connection with the Terminalwire Services is the sole responsibility of the person from whom such User Content originated. Rocketship, LLC has no obligation to review, monitor, or remove User Content, but reserves the right to do so at its discretion.

Licensee grants Rocketship, LLC a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, copy, adapt, modify, distribute, publicly display, and perform any User Content provided by Licensee through the Services. Rocketship, LLC disclaims any responsibility or liability for User Content. Licensees listing their apps must make their best-faith effort to describe them accurately.

Rocketship, LLC reserves the right to take down any User Content, including apps listed in the Terminalwire directory, if it is misleading, malicious, illegal, or otherwise violates this Agreement. Licensee understands that all User Content made available in connection with the Terminalwire Services is the sole responsibility of the person from whom such User Content originated. Rocketship, LLC has no obligation to review, monitor, or remove User Content, but reserves the right to do so at its discretion.

Licensee grants Rocketship, LLC a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, copy, adapt, modify, distribute, publicly display, and perform any User Content provided by Licensee through the Services. Rocketship, LLC disclaims any responsibility or liability for User Content.

Subscription and Payment Terms

Subscription and Payment

You may use part of our Services under a free account, while accessing certain features requires paying for a subscription. The price, functionality, benefits, restrictions, and differences in access to the Services are set out on our Pricing Page.

Subscription License

Payments must be made according to the selected subscription plan. Prices for services are subject to change, and updated pricing will apply when a license is renewed or a subscription payment becomes due. If payments are not made on time or if the subscription is canceled, the commercial license will automatically revert to the non-commercial license (if eligible) or be terminated.

Payment

All fees are paid in advance and are non-cancelable and non-refundable, except as mentioned below. You must provide accurate billing information, and payment will be made to your payment method (e.g., debit/credit card). Our payment processor is acting as a data controller, and we recommend you read their Privacy Policy to learn more about their processing of your data. You may be responsible for paying taxes or other costs.

Upgrading and Downgrading

You may upgrade to a higher subscription level at any time. As a result, you shall be bound by the new minimum contract period to which you have upgraded. We will automatically downgrade your account in the event of non-payment. In this case, we will send you a fourteen (14) or more days’ notice prompting you to pay the overdue fees, after which the downgrade may be instituted until payment in full is received. Downgrading may result in a reduction in specific functions and features of the Services, as well as a potential loss of access to certain data.

Revising Fees

We reserve the right to revise our fees at any time. If we increase prices or add new costs, we will give you fourteen (14) days’ notice to accept the revised fees or cancel your subscription. By continuing to use the Services after the revisions take effect, you signify your agreement with any new costs or increased pricing.

Auto-Renewal

All subscriptions automatically renew unless cancelled before the renewal date. Subscriptions will renew for an additional period equal to the immediately prior term and at the currently applicable price point for that term. To benefit from uninterrupted service, you authorize us to charge your payment method on file for the amount due upon renewal of your subscription.

Cancellation and Refunds

You may cancel your subscription at any time and will continue to benefit from it until the expiry date. Cancelling your subscription does not imply termination of the contract or a right to a refund.. Prices for services are subject to change, and updated pricing will apply when a license is renewed or a subscription payment becomes due. If payments are not made on time or if the subscription is canceled, the commercial license will automatically revert to the non-commercial license (if eligible) or be terminated.

Perpetual License

Licensees who opt for the perpetual license will make a one-time payment and receive one year of updates and support. After the first year, updates will not be provided unless a new subscription or update package is purchased.

Licensee Financial Institution Fees

Rocketship, LLC is not responsible for any additional fees, including but not limited to overdraft fees, wire transfer fees, currency exchange fees, or any other financial charges resulting from Licensee’s payment method or financial institution. Any such expenses are solely the responsibility of the Licensee.

License Verification

Disclaimer of Warranties

THE SOFTWARE (SERVER AND CLIENT) AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROCKETSHIP, LLC DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM SECURITY VULNERABILITIES.

Limitation of Liability

The Contract does not limit either party’s liability for death, personal injury, fraud, gross negligence, or intent.

To the extent permitted by law, neither party will be liable for any loss of profit, revenue, or data, loss of opportunity, or any financial loss of any kind, nor for any direct or indirect damages resulting from the use or inability to use the Services. In addition, neither you nor we will be liable for losses we could not reasonably have foreseen when entering the Contract or for events beyond our reasonable control.

ROCKETSHIP, LLC’S total liability in respect of or in connection with its breach of this Contract is limited to the amount paid by you for your use of the Services in the last 12 months before the breach. TO LICENSEE UNDER BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT ROCKETSHIP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROCKETSHIP, LLC’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE OR SERVICES IN THE SIX (6) MONTHS PRIOR TO THE INCIDENT THAT GAVE RISE TO THE CLAIM.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

Force Majeure

Neither party shall be liable for its inability to comply with Contract terms due to events beyond its control. Such events may include but are not limited to denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. We will make reasonable efforts to resume performance as events may allow. However, if the events continue for more than sixty (60) days, either party may terminate this Contract by delivering a notice to the other party.

Indemnification

You will indemnify us, our administrators, agents, employees, and contractors against any claims, complaints, demands, liabilities, damages, losses, and costs, including fines or actions by government authorities, incurred as a result of your breach of the terms of the Contract or illegal use of the Services.

Compliance with Laws

Licensees agree to comply with all applicable local, state, federal, and international laws and regulations while using the Software and Services. Rocketship, LLC may terminate this Agreement if Licensee fails to comply with applicable laws or regulations.

No Resale or Sublicensing

Licensee shall not resell, sublicense, or distribute the Software or Services, except as explicitly authorized by Rocketship, LLC in writing. Any unauthorized resale, sublicensing, or distribution is strictly prohibited and constitutes a breach of this Agreement.

Termination for Breach

Rocketship, LLC may terminate this Agreement immediately upon written notice to Licensee if Licensee breaches any provision of this Agreement. Upon termination, all rights granted to Licensee under this Agreement will cease, and Licensee must cease all use of the Software and Services.

Export Restrictions

Licensee agrees not to export or re-export the Software or any related technical information, directly or indirectly, in violation of any applicable export control laws or regulations. The Software may not be used in or transported to countries subject to U.S. embargo or sanctions.

Disclaimer on Third-Party Components

The Software may include third-party components that are subject to separate licensing terms. Rocketship, LLC disclaims any warranties or liability for such third-party components, and Licensee acknowledges that these components are provided “as-is” without warranty of any kind.

Community and Support Policy

Code of Conduct

Rocketship, LLC is committed to maintaining a respectful and harassment-free environment for all users. Harassment, discrimination, or abusive behavior towards support staff or community members will not be tolerated. Such behavior may result in suspension or removal from community forums, termination of licenses, or access to Terminalwire services.

Confidentiality of Support Information

Information shared with Rocketship, LLC through support channels will generally be treated as confidential. However, this information may be shared with third parties if necessary to resolve your issue or provide additional help. By contacting support, you agree that Rocketship, LLC may share information with trusted third parties for the purpose of assisting you.

Personal Information

Licensees should not share personally identifiable information (PII) via email, forums, or other communication channels. Rocketship, LLC is not liable for any issues arising from the sharing of PII through unapproved channels.

Limits on Support

Rocketship, LLC reserves the right to halt or limit support in cases where the support requests are excessive or beyond reasonable use. In such cases, the license may remain active, but support will no longer be provided. If excessive or unreasonable behavior continues, Rocketship, LLC may terminate the license.

Miscellaneous Provisions

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.