Convox Console Terms of Use

Last updated May 31, 2016. You can review changes to these terms at https://github.com/convox/console-terms/commits/master/terms.md.

These Convox Console terms of use govern access and use of https://console.convox.com (Convox Console). Convox, Inc. operates Convox Console. You may access and use Convox Console only under these terms.

Important Terms

These terms include a number of important provisions that affect your rights and responsibilities, such as the disclaimers in “Disclaimers”, limits on Convox’s liability to you in “Limits on Liability”, and an agreement to arbitrate disputes individually in “Arbitration”.

Other Terms

Convox licenses software to the public under open-source form software licenses. These terms are separate from, and do not change, the terms on which Convox open-source software is licensed.

Convox also offers support services under a number of Support Plans. Even if you select and pay for a support plan via Convox Console, these terms and the terms under which Convox provides support are separate.

You may only access or use Convox Console by agreeing to these terms. If Convox adds any additional functionality to Convox Console, you must agree to these terms to use new features, too. You show your agreement with Convox on these by by creating a user account. The agreement between you and Convox is a legally binding contract. (Agreement).

Changes

Convox may change these terms in the future. Convox will post changes to https://convox.com/legal/terms with a new “last updated” date. If you have an Account, Convox will notify you of changes by e-mail to the address provided for your account, by a message on Convox Console, or both. If you do not have an account, Convox may notify you of changes by a general announcement via Convox Console, but it is up to you to check for changes to these terms. After receiving notice of changes to these terms, you must accept those changes to continue using Convox Console. You accept changes to these terms by continuing to use Convox Console. Convox may change, suspend, or discontinue Convox Console or any Service Plan at any time without notice or liability to you.

Convox Policies

Convox respects your privacy and limits use and sharing of information about you collected by Convox Console. The Convox Console privacy policy at https://convox.com/legal/privacy describes these policies. Convox will abide by that privacy policy and honor the privacy settings that you choose via Convox Console.

Use of Convox Console

Subject to these terms, Convox grants you permission to use Convox Console. That permission is not exclusive to you, and you cannot transfer it to anyone else.

Services Plans

Some features of Convox Console are accessible only under under particular Service Plans. When you create your Account, you begin on a free-of-charge Service Plan. You may change your Service Plan at any time via Convox Console. By selecting a paid Service Plan, you agree to pay the fee shown for that Service Plan on Convox Console when you select it.

Permitted Uses

Your permission to use Convox Console entitles you to do the following:

  1. You may configure and administer installation of Rack, Convox’s platform-as-a-service, on your Amazon Web Services (AWS) account.

  2. You may create and deploy builds of software services to Racks managed with Convox Console.

  3. You may enable and disable integrations with third-party services like GitHub and Slack.

  4. You may manage members of your organization with access to Racks managed with Convox Console.

  5. You may update and manage your account, including the billing details associated with your account.

  6. You may use the features of your selected Service Plan.

Conditions

Your permission to use Convox Console is subject to the following conditions:

  1. You must be at least 13 years of age to use Convox Console.

  2. You may not use Convox Console after Convox says you may not, such as by disabling your account.

  3. You must use Convox Console in accordance with “Acceptable Use”.

Acceptable Use

  1. You will not submit any content that is illegal, offensive, or otherwise harmful to Convox Console. Neither will you submit any content 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.

  2. You will not use Convox Console to violate any law.

  3. You will not use or attempt to use another person’s Convox Console account, or attempt to use any Convox Console account with AWS credentials for another’s account without their permission.

  4. You will not automate access to, use, or monitor the Website, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. Use your Racks’ APIs instead.

  5. You will not submit material containing malicious computer code, such as computer viruses, computer worms, rootkits, back doors, adware, or spyware, to Convox Console in such a way that you should expect to harm Convox or other users of Convox Console.

  6. You will not falsely imply that you are affiliated with or endorsed by Convox.

  7. You will not operate illegal schemes, such as pyramid schemes, via Convox Console.

  8. You will not access Convox Console for the purpose of bringing an intellectual property infringement claim against Convox or creating a product or service competitive with Convox Console.

  9. You will not remove any marking indicating proprietary ownership from any material got via Convox Console.

  10. You will not display any portion of the Website via an HTML IFRAME.

  11. You will not disable, avoid, or circumvent any security or access restrictions of Convox Console, or access parts of Convox Console not intended for access by you.

  12. You will not strain infrastructure of Convox Console with an unreasonable volume of requests, or requests designed to impose an unreasonable load on IT systems underlying Convox Console.

  13. You will not encourage or assist any other person in violation of “Acceptable Use”.

Enforcement of Acceptable Use

Convox may investigate and prosecute violations of these terms to the fullest legal extent. Convox may notify and cooperate with law enforcement authorities in prosecuting violations of these terms.

Your Account

You must create and log into an account to access Convox Console.

To create an account, you must provide certain information about yourself, as required by the account creation form. If you create an account, you will provide, at a minimum, a valid e-mail address. You will keep that e-mail address up-to-date. You will not impersonate any other individual. You may delete your account at any time.

You will be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or give Convox notice that the security of your account has been compromised. You will notify Convox immediately if you suspect the security of your account has been compromised. You will select a secure password for your account, change it regularly, and keep it secret.

Convox may restrict, suspend, or terminate your account if Convox reasonably believes that you are in breach of these terms or have misused Convox Console.

Your Content

Nothing in these terms gives Convox any ownership rights in intellectual property that you share with Convox Console, such as your account information or any software that you deploy to a Rack using Convox Console. This intellectual property is Your IP. Nothing in these terms gives you any ownership rights in Convox intellectual property provided via Convox Console, like software, documentation, trademarks, service marks, logotypes, or other distinguishing graphics.

Between you and Convox, you remain solely responsible for Your IP. You will not wrongly imply that Your IP is sponsored or approved by Convox. Convox will not be obligated to store, maintain, or provide copies of Your IP, except per the privacy policy.

You grant Convox a limited license to the software, data, and other content you deploy to Racks via Convox Console, solely for the purpose of deploying that content to Racks as you instruct.

Your Amazon Web Services Credentials

In order to deploy and manage software on Racks with Convox Console, you must provide Convox Console with access credentials for provisioning and managing AWS services on an AWS account. Convox will use your credentials only to install Racks and manage applications as you instruct via Convox Console. Convox may store your credentials on computers that Convox uses to operate, monitor, and improve Convox Console, including computers provisioned by others. Convox will not publish or share your Amazon Web Services credentials with anyone else.

Feedback

Convox welcomes your feedback and suggestions for Convox Console. You agree that Convox will be free to act on feedback and suggestions you provide without further notice, consent, or payment. You will not submit feedback or suggestions that you consider confidential or proprietary.

Indemnity

You will indemnify Convox, its officers, directors, employees, representatives, and agents, and hold them harmless for, all liability, expenses, damages, and costs from any third-party claims, demands, lawsuits, or other proceedings alleging that Your IP, your use of Convox Console, or both, violate the intellectual property right of a third party, these terms, or applicable law. You will not settle any such proceeding without the prior written consent of Convox. Convox will notify you of any such proceeding it becomes aware of.

Disclaimers

Use of Convox Console is at your sole risk. Convox provides Convox Console on an “as is” and “as available” basis. Convox disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose.

Convox makes no warranty that Convox Console will meet your requirements, operate in an uninterrupted, timely, secure, or error-free manner, or that errors in Convox Console will be corrected.

You receive material via Convox Console at your sole risk. You will be solely responsible for any damage to your computer system and network, as well as any data loss that may result from use of Convox Console or material received via Convox Console.

Convox Console may provide information and software that is inaccurate, incomplete, misleading, illegal, offensive, or otherwise harmful. Convox may, but does not promise to, review content provided by Convox Console.

Third-Party Services

Convox Console may hyperlink to and integrate with third-party applications, websites, and other services. You decide whether and how to use and interact with such services. Convox does not make any warranty about those services or content they provide, and will not be liable to you for any damages related to such services. Use of third-party services may be governed by other terms and privacy notices that are not part of these terms and are not controlled by Convox.

Limits on Liability

Neither Convox nor any third-party service provider used by Convox to provide Convox Console will, under any circumstances, be liable to you for any indirect, incidental, consequential, special, or exemplary damages related to your use of Convox Console or these terms, whether based on breach of contract, breach of warranty, tort (including negligence, product liability, or otherwise), or any other pecuniary loss, and whether or not Convox has been advised of the possibility of such damages.

To the maximum extent permitted by law, Convox’s liability to you for any damages related to Convox Console and these terms, for any one or more causes and regardless of the form of action, will not exceed $50.

Some jurisdictions do not allow exclusion of certain warranties or limits on liability for incidental or consequential damages. Some of “Disclaimers” and “Limits on Liability” may not apply to you.

Termination

Either you or Convox may terminate the agreement set out in these terms at any time with notice to the other.

On termination of these terms, your permission to use Convox Console also terminates.

The following provisions survive termination of this Agreement: “Your Content”, “Feedback”, “Indemnity”, “Disclaimers”, “Limits on Liability”, and “General Terms”.

Payment Terms

Certain features of Convox Console are only available under paid Service Plans. When you select a paid Service Plan, these payment terms apply.

When enabling a paid Service Plan, you must provide all the payment card details requested by Convox Console. Those details must be for a valid payment card that you have the right to use. You must keep your payment details up-to-date via Convox Console.

Upon selecting a paid Service Plan, Convox will immediately charge your payment card the monthly Dollar amount for the Service Plan. While that Service Plan remains selected, Convox will charge your payment card again at the end of each month-long period.

You can change your Service Plan at any time via Convox Console. Convox will not refund any payment you have already made for a paid Service Plan you disable.

Unless these terms or Convox Console specifically say otherwise, all Dollar amounts are amounts of United States Dollars per month. You must pay for paid Service Plans in United States Dollars. They do not include tax. You will pay any tax.

General Terms

If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

You may not the agreement under these terms. Convox may assign the agreement under these terms to any affiliate of Convox, any third party that obtains control of Convox, or any third party that purchases assets of Convox relating to Convox Console. Any purported assignment of rights in breach of this provision is void.

Neither the exercise of any right under these terms, nor waiver of any breach of these terms, waives any other breach of these terms.

These terms, together with the additional terms for paid plans that you agree to, embody all the terms of agreement between you and Convox about Convox Console. Your agreement with Convox on these terms supersedes any other agreements about Convox Console, written or not.

Disputes

The law of the State of California will govern any dispute, including any legal proceedings, relating to these terms or your use of Convox Console.

You and Convox will seek injunctions related to this agreement only in state or federal court in San Francisco, California. Neither you nor Convox will object to jurisdiction, forum, or venue in those courts.

Other than to seek an injunction, you and Convox will resolve any dispute relating to these terms or Convox Console by binding American Arbitration Association arbitration. Arbitration will follow the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Arbitration will happen in San Francisco, California. You will settle any dispute as an individual, and not as part of a class action or other representative proceeding, whether as the plaintiff or a class member. No arbitrator will consolidate any dispute with any another arbitration without Convox’s permission.

Any arbitration award will include costs of the arbitration, reasonable attorneys’ fees, and reasonable costs for witnesses. You or Convox can enter arbitration awards in any court with jurisdiction.

Notices and Questions

You may send notice to Convox and questions about the terms governing Convox products and services by e-mail to legal@convox.com. Convox may send you notice using the e-mail address you provide for your account or by posting a message to the homepage or your account page on Convox Console.