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TERMS OF SERVICE

DC Automate - GitHub

Last Updated: 20 December 2023

These terms of service ("Terms") apply to your access and use of DC-Automate - GitHub (the "Service"). Please read them carefully.

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by emailing support@flusso.world.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective 30 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check DC Automate - GitHub for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our (privacy policy)[https://app.datacoalitions.com/policies/dca/github/privacy].

Third-Party Services

From time to time, we may provide you with links to third-party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third-party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Adding Collaborators

When you add outside collaborators to an account or use another service to log in to the Service, you agree to accept all risks of authorized access to any data or other information within the Service, including all fees, costs, or penalties.

Your Content & Conduct

Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.

Content

We will retain activity logs for a maximum of 90 days and then delete them.

You may not post, link and otherwise make available on or through the Service any of the following:

  • Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account or post any content if you are not over 13 years of age years of age;
  • Make copies or violate the license rights applicable to any GitHub repository; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Flusso Materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of the above, we may terminate your use of the Service.

Hyperlinks and Third-Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Flusso makes no claim or representation regarding, and accepts no responsibility for third-party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS \(EXPRESS OR IMPLIED, ORAL OR WRITTEN\) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL Flusso BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO Flusso. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of Western Australia, Australia, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the Western Australia, Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Western Australia, Australia, in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Acceptable Use Policy

Users of the DC Automate service must abide by this policy.

  • You must not submit any content to DC Automate that is illegal, offensive, or otherwise harmful. You must not submit any content to DC Automate 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.
  • You must not disclose information via DC Automate that you do not have the right to disclose, such as confidential information of others.
  • You must not copy or share any personally identifiable information of any other person through DC Automate without their specific permission.
  • You must not violate any applicable law in using DC Automate.
  • You must not use or attempt to use another person's DC Automate account without their specific permission.
  • You must not automate access to, use, or monitor the DC Automate website, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser.
  • You must not falsely imply that you are affiliated with or endorsed by DC Automate, Inc.
  • You must not remove any marking indicating proprietary ownership from any material received from DC Automate.
  • You must not display any portion of the DC Automate website via an HTML IFRAME.
  • You must not disable, avoid, or circumvent any security or access restrictions of DC Automate, or access parts of DC Automate not intended for access by you.
  • You must not encourage or assist any other person in violation of this acceptable use policy.

Rights To Use

  • The compensation of the paid services rendered by DC Automate is calculated per month unless otherwise stated in contract and in an invoice. The current prices are shown in the current price list of DC Automate that is available on the Website. The compensation is due annually in advance.
  • Invoices will be issued via email. Payments shall become due immediately upon issuance of the invoice. Payment must be made using the payment methods provided by DC Automate.
  • All prices in the price list are net-price. Value Added Tax will be added in the invoice if applicable. DC Automate reserves the right to alter the current price list and/or the structuring of prices with at least one month notice to the end of each quarter to paying any paying Customer. DC Automate will inform the Customer via email about the price change. If the Customer does not expressly disagree in writing within a month from the notification of change this is deemed to be his acceptance of the change. The Customer will be informed about this circumstance in the notification of change.

Free Services

  • For any services offered by DC Automate free of charge (“Free Services”), the following shall apply: the Free Service is provided on an “as is” and “as available” basis with no right to any warranty or notices of any changes made by Flusso or indemnification hereunder.

Warranty

  • Warranty is available to paid users only. Defects in the supplied DC Automate Software shall be remediated within a reasonable time following a detailed notification of such defect being given to Flusso by the Customer.
  • For the purpose of remedying defects, DC Automate may choose to replace the defective DC Automate Software with a version of the DC Automate Software which is free of defects. In case of defects of updated, upgraded or new versions (the aforementioned hereinafter each a “New Version”), the right of defect with regard to a New Version shall be limited to the new features of New Version of the DC Automate Software compared to the previous version release. Unless Flusso fails to repair or replace the DC Automate Software, the right of the Customer to terminate the contract due to an inability to use the DC Automate Software shall be excluded. The limitation period for all warranty claims shall be 12 months commencing with the first coming to show of the defect.

Limitation of Liability

  • Flusso liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover:

  • damage from injury to life, body or health caused by DC Automate; damages caused by DC Automate that are are a result of wilful intent or gross negligence; damage caused by DC Automate as a result of slight negligence in the event of DC Automate’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;
    Flusso liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers Flusso liability.

  • If the liability of Flusso is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents. Flusso will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

Entire Agreement

These Terms constitute the entire agreement between you and Flusso regarding the use of the Service, superseding any prior agreements between you and Flusso relating to your use of the DC Automate Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, Flusso. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, DC-Automate-GitHub, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address support@flusso.world.