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".
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 creating a user account. The agreement between you and Convox is a legally binding contract. (Agreement).
Data Security Policy
Convox is committed to protecting the security and privacy of your data. We implement industry-standard data protection measures to safeguard your information against unauthorized access, alteration, and misuse. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. It is your responsibility to notify us immediately if you believe the security of your account has been compromised.
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. Paid subscriptions provide access to additional features and, in some cases, support services that enhance your use of Convox Console. These services are designed to offer greater functionality and personalized assistance to meet your specific needs.
Some features of Convox Console are accessible only 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.
Your permission to use Convox Console entitles you to do the following:
- You may configure and administer installation of Rack, Convox's platform-as-a-service, on your Cloud Services Provider [Amazon Web Services, Google Cloud Platform, DigitalOcean, Microsoft Azure] account.
- You may create and deploy builds of software services to Racks managed with Convox Console.
- You may enable and disable integrations with third-party services like GitHub and Slack.
- You may manage members of your organization with access to Racks managed with Convox Console.
- You may update and manage your account, including the billing details associated with your account.
- You may use the features of your selected Service Plan.
Your permission to use Convox Console entitles you to do the following:
- You must be at least 13 years of age to use Convox Console.
- You may not use Convox Console after Convox says you may not, such as by disabling your account.
- You must use Convox Console in accordance with "Acceptable Use".
Use of the Convox Console is guided by policies designed to ensure the service’s integrity and the equitable use of resources by all users. You agree to refrain from any activities that negatively impact the service, other users' access to or use of the service, or the overall service performance. This includes, but is not limited to, submitting or transmitting content that may be deemed illegal, offensive, or harmful, violating any laws, unauthorized access to accounts, or deploying malicious code. Additionally, activities that place undue strain on our infrastructure or disrupt the service operation are prohibited. Each user's engagement with the service should align with these guidelines to foster a productive and secure environment. Convox reserves the right, at its sole discretion, to review account activity for compliance with these policies and take appropriate action, including limitation, suspension, or termination of the service, to maintain service quality and protect all users.
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.
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.
To continually improve Convox Console and ensure its compatibility with user needs, we will collect analytics on rack parameter information for release testing coverage. This data collection will strictly exclude any personal information, focusing solely on usage metrics to enhance product functionality and user experience.
Your Cloud Provider 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 Cloud Provider services on a Cloud Provider 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 Cloud Provider credentials with anyone else.
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.
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.
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.
This Agreement defines the termination rights for both Convox and the user. Should there be a separate, fixed-term contractual agreement with Convox (e.g., a year-long contract), the conditions for termination stated within that specific contract will take precedence until the agreed period concludes.
Upon the termination of this Agreement due to the expiration of your paid subscription term, your account will not immediately lose access to the Convox Console. Instead, it will revert to the free subscription level, where you will retain access to Convox Console's basic features but lose access to premium, paid features. This ensures that users can fully benefit from the service they have paid for, without immediate loss of functionality upon cancellation.
Convox is committed to data integrity and respects the privacy and security of your data. Account deletion or deactivation, including the removal of related information and files, will only be considered in extreme circumstances, such as a significant violation of our user agreement. Such actions are considered a last resort and, where feasible, will be preceded by attempts to communicate with the involved party to resolve the issue.
For those not under a year-long or other fixed-term contract, either Convox or the user may terminate this Agreement at any time with proper notice to the other party. Following termination under these conditions, the user will transition to the free subscription level, as mentioned above. It is recommended that users export any data they wish to preserve before their paid subscription ends.
Certain Terms provisions are designed to survive termination. These include, but are not limited to, ownership rights, warranty disclaimers, indemnity obligations, and limitations of liability.
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.
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 transfer or assign your rights or obligations under this agreement without the prior written consent of Convox. Convox may assign this agreement, in whole or in part, 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.
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 notices to Convox and questions about the terms governing Convox products and services by email to email@example.com. Convox may send you notices using the email address you provide for your account or by posting a message to the homepage or your account page on Convox Console.
Last updated Feb 9, 2024