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:
- You need a license to use Terminalwire server and client software.
- The Terminalwire client may only be used with licensed Terminalwire servers.
- Obtaining a Terminalwire license is easy and accessible, starting with free licenses for personal use and small businesses & non-profits.
- Larger businesses and non-profits that make more than $100,000 annually or have more than $1,000,000 in assets must acquire a commercial license.
- If you distribute apps via any Terminalwire services, you need to keep your systems patched and secure and use encrypted connections between the server and client in production environments.
- Terminalwire is not open-source; you may not redistribute the software or modify it.
- To maximize compatability between Terminalwire client & server software, you may not run modified Terminalwire source code in production environments.
- You may contritube source code back to Terminalwire if you agree to the contributor agreement, which assigns ownership of the changes to Rocketship, LLC.
- Don’t tamper with or modify license verification mechanisms and processes.
- Rocketship, LLC isn’t responsible for damage caused by third-party apps installed from Terminalwire services, or by using the software itself.
- Changes to this agreement may be made at any time, and the latest version will be available here.
The full legal text follows below, which has all the details you need to know.
Definitions
- Software: The Terminalwire server software, client software, and any related components (including any updates, patches, and modifications) distributed by Rocketship, LLC.
- Services: The web services provided by Rocketship, LLC through Terminalwire.com, including but not limited to licensing management, installation analytics, troubleshooting, and the
terminalwire
command-line service for distributing binaries. - Licensee: The individual or entity obtaining the license to use the Software and Services.
- Site: The URL for a Terminalire Server instance. For example
example.com/terminal
,example.com/other/terminal
, andwww.example.com/terminal
are 3 sites. - Gross Receipts: The total amount of money an organization receives from all sources before any deductions.
- Gross Assets: The total value of all assets owned by an organization, including cash, investments, property, and other financial holdings.
- Commercial Use: Use of the Software and Services to generate revenue, income, or support business activities.
- Non-Profit Use: Use by non-profit organizations, provided they meet the gross receipts and asset requirements outlined in section “Server License”.
- Licensor: Rocketship, LLC (California LLC).
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
- Licensees with gross receipts under $100,000 USD or gross assets under $1,000,000 USD are eligible for a non-commercial server license, which is provided free of charge. These thresholds are subject to change, and updated thresholds will apply when a license is renewed or a subscription payment becomes due.
- If the Licensee exceeds either the gross receipts or the gross assets limit, they must obtain a commercial license.
- A non-commercial server license must be obtained for each site where the server software is installed.
Commercial Server License
- Licensees who exceed either the gross receipts or gross assets limits must obtain a commercial server license. Commercial licenses are required per site for the server software, including any subdomains and paths.
Subscription License
- A Subscription License grants the Licensee the right to use the server software and Services as long as the subscription remains active. The Licensee must maintain an active subscription to retain commercial rights.
- If the subscription is terminated or lapses, the commercial license will be downgraded to a non-commercial license (if eligible) or terminated if the Licensee no longer meets the non-commercial criteria.
Perpetual License
- A Perpetual License grants the Licensee the right to use the server software indefinitely, with a one-time payment.
- The Perpetual License includes one year of updates and support. After the first year, the Licensee may continue using the software without updates or can purchase an additional update package.
Access to Additional Features
- Commercial server licenses include access to additional features that are not available in the non-commercial server license. These features are installed via a separate repository provided by Rocketship, LLC.
- Access to the repository containing the additional features is granted only to Licensees with an active commercial server license.
- Licensees are prohibited from sharing or redistributing access to the repository or any of the additional features provided within it.
- If the commercial server license is downgraded or terminated, access to the repository and the additional features will be revoked immediately.
Security Responsibilities
- Licensees operating Terminalwire servers are responsible for maintaining their systems, including applying security patches, encrypting network traffic over public or adverserial networks, safeguarding customer data, and taking commercially reasonable steps to secure the systems.
- Licensees distributing applications via the
terminalwire
command-line service must ensure that all software and systems used in the distribution are regularly updated and secured to protect end-users and maintain system integrity. - Rocketship, LLC disclaims liability for any data breaches or security incidents resulting from Licensee’s failure to properly secure their servers or systems.
Client License
General License for Client Software
- The client software is licensed only for use with a licensed Terminalwire server. Licensee is prohibited from using the client with any non-licensed server, including servers that attempt to reverse-engineer or replicate the Terminalwire protocol.
- Licensees must not attempt to modify, reverse-engineer, or otherwise tamper with the client software in any manner.
Distribution and Use
- The Terminalwire client may only be distributed by Rocketship, LLC or authorized partners. Licensees are prohibited from redistributing or sublicensing the client software without prior written permission from Rocketship, LLC.
- The client software is provided without warranty, and Licensee acknowledges that Rocketship, LLC is not liable for any damage to systems, data loss, or performance issues caused by the use of the client software.
Indemnification for Client Software Damage
- Licensee acknowledges and agrees that Rocketship, LLC is not liable for any damages, data loss, or system malfunctions caused by the installation or operation of the Terminalwire client software, even in the event of a security oversight or vulnerability in the software provided by Rocketship, LLC.
- By using the Terminalwire client, Licensee agrees to indemnify, defend, and hold harmless Rocketship, LLC, its officers, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorney’s fees) arising from or related to the use of the Terminalwire client software, including but not limited to damage to hardware, software, or data.
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.
Links to Other Sites
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
- Each Terminalwire server will request and maintain a publicly readable license file that contains the license type, start date, end date, and a unique ID that matches the license on file with Rocketship, LLC.
- Licensees are responsible for the security of their Terminalwire.com accounts, including securing credentials, license keys, and any other information needed for licensing, accessing source code, and using Terminalwire.com services.
- The license will be used to verify the server’s authorization to operate and can be accessed by Rocketship, LLC for validation purposes.
- Licensees are prohibited from altering, disabling, or interfering with the license request and verification process. Any attempt to modify or block the license file or its verification constitutes a breach of this Agreement and may result in the termination of Licensee’s rights under this Agreement.
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 Contract only governs the relationship between you and us. You may not transfer any rights or obligations to third parties without our written consent, and they will have no rights under the Contract.
Either party may assign the rights and obligations conferred based on the Contract, without the other party’s consent, to a corporate affiliate or if the assignment is related to a merger, acquisition, or corporate reorganization or sale of assets.
The inability or delay of either party to exercise a right provided for in the Contract will not constitute a waiver of that right.
If any terms of this Contract are found invalid or unenforceable under applicable law, the rest of the Contract will remain unaffected. We agree to modify such terms in the spirit they were initially created.
All provisions of this Contract that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and 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.