Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Pivit, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires a Zube.io account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
If you create a project on Zube.io, you are responsible for maintaining the security of your account and project, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the project. You must immediately notify Pivit of any unauthorized uses of your project, your account, or any other breaches of security. Pivit will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a project, post material to Zube.io, post links on Zube.io, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms.
If you delete Content, Pivit will use reasonable efforts to remove it from Zube.io, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Pivit has the right (though not the obligation) to, in Pivit's sole discretion, (i) refuse or remove any content that, in Pivit's reasonable opinion, violates any Pivit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Zube.io to any individual or entity for any reason. Pivit will have no obligation to provide a refund of any amounts previously paid.
You retain ownership and rights to your Customer Data and Customer Materials. This Agreement does not grant us any ownership rights to Customer Materials or Customer Data. This agreement only grants us permission to use Customer data and Customer Materials as necessary to provide our Services to you.
- Free Accounts: Zube.io Services are free to use for all public GitHub repositories, public open-source repositories and for repositories that meet the requirements for free use as outlined on Zube.io's Pricing page.
- Paid Accounts: Zube.io offers paid accounts at a month-to-month or yearly rate. These plans will be listed on Zube.io's Pricing page and are subject to change at any time. By selecting a paid plan you agree to pay Pivit the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid plan and will cover the use of that service for a monthly or annual subscription period as indicated. You may cancel anytime but there are no refunds.
To cancel your subscription and account on Zube.io, send us an email at firstname.lastname@example.org. Pivit is not obligated to issue a refund for paid subscriptions if you chose to cancel your subscription or if your subscription is terminated by Pivit because you breached these Terms. Upon cancellation your Zube.io data will be deleted from our servers in a reasonable amount of time as determined by Pivit.
Any Personal Data that is subject to the General Data Protection Regulation (the “GDPR”) that is processed by Pivit Inc. on your behalf is done so under the Pivit Inc. Data Processing Agreement, included here for reference:
Pivit Inc.’s Data Hosting and Storage services are located in Ireland and in compliance with all E.U. Regulations (where applicable) for our Services and our processing of Customer Data. We reserve the right to disclose any information as necessary to satisfy any law or legal process. You are responsible to comply with all data export laws in your use our Services.
Pivit Inc. is a United States corporation and by using our Services you are bound to comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. You will not directly or indirectly export or transfer our Services to prohibited countries or individuals.
Other than to the extent required to comply with Data Protection Law, Pivit Inc. will delete all Personal Data (including copies thereof) upon termination of the Agreement. If we are unable to delete Personal Data for technical or other reasons, we will ensure that your Personal Data is no longer Processed.
Upon termination of the Agreement you may instruct Pivit Inc. to take appropriate measures to return data or to delete stored data by contacting email@example.com. Pivit Inc. will take reasonable action to honor your request within 30 days.
Pivit has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Pivit does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pivit disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Zube.io links, and that link to Zube.io. Pivit does not have any control over those non-Zube.io websites, and is not responsible for their contents or their use. By linking to a non-Zube.io website, Pivit does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pivit disclaims any responsibility for any harm resulting from your use of non-Zube.io websites and webpages.
As Pivit asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Zube.io violates your copyright, you are encouraged to notify Pivit in accordance with Pivit's Digital Millennium Copyright Act ("DMCA") Policy. Pivit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pivit will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pivit or others. In the case of such termination, Pivit will have no obligation to provide a refund of any amounts previously paid to Pivit.
This Agreement does not transfer from Pivit to you any Pivit or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Pivit. Pivit, Zube.io, the Zube.io logo, and all other trademarks, service marks, graphics and logos used in connection with Zube.io or our Services, are trademarks or registered trademarks of Pivit or Pivit's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Pivit or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Pivit may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Zube.io account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided "as is." Pivit and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pivit nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will Pivit, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pivit under this agreement during the twelve (12) month period prior to the cause of action. Pivit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Pivit reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Pivit, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Pivit and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pivit, or by the posting by Pivit of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pivit may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Updated April 24, 2018.