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# Terms of Service

This page covers Terms of Service only for Cirrus Runners and Tart Documentation website in addition to the [Privacy Policy](privacy.md).

### The Gist

Cirrus Labs Inc ("Cirrus Labs") operates the [Cirrus Runners service](../integrations/github-actions.md) which we hope you use.
If you use it, please use it responsibly. If you don't, we'll have to terminate your subscription.

For paid plans, you'll be charged on a monthly basis. You can cancel anytime, but there are no refunds.

The Terms of Service and our prices can change at any time unless specified in your agreement. We'll warn you 30 days in advance of any price changes.
We'll try to warn you about major changes to the Terms of Service, but we make no guarantees.

That's the basic idea, but you must read through the entire Terms of Service below and agree with all the details before 
you use any of our websites or services (whether or not you have signed up).

### Reuse

This document is an adaptation of the Code Climate Terms of Service, which is an adaptation of the Heroku Terms of Service,
which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified 
with permission under the [Creative Commons Attribution 3.0 License](https://creativecommons.org/licenses/by/3.0/). 
Neither Code Climate, Inc, nor Heroku, Inc. nor Google, Inc. is connected with and they do not sponsor or endorse 
Cirrus Labs or its use of the work.

You're welcome to adapt and use this document for your own needs. If you make an improvement, we'd appreciate it if 
you would let us know, so we can consider improving our own document.

### Your Agreement with Cirrus Labs Inc

Your use of the Cirrus Runners Service is governed by this agreement (the "Terms"). The "Service" means the services Cirrus Labs 
makes available include our websites (https://tart.run/, https://cirrus-runners.app/), our blog, and any other software, sites, 
and services offered by Cirrus Labs in connection to any of those. 

"Customer Source Code" means any source code you directly or indirectly submit to Cirrus Runners for the purpose of using the Service. 
"Content" means all content generated by Cirrus Runners on your behalf (including metric data) and does not include Customer Source Code.

In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree 
that Cirrus Labs will treat Your use of the Service as acceptance of the Terms from that point onwards.

Cirrus Labs may make changes to the Terms from time to time. You may reject the changes by terminating Your subscription. 
You understand and agree that if You use the Service after the date on which the Terms have changed, Cirrus Labs will treat 
Your use as acceptance of the updated Terms.

If you have any question about the Terms, please [contact us](../licensing.md#general-support).

### Use of the Service

* You must provide accurate and complete registration information any time You register to use the Service.
* You are responsible for the security of Your passwords and for any use of Your user.
* Your use of the Service must comply with all applicable laws, regulations and ordinances.
* You agree to not engage in any activity that interferes with or disrupts the Service.
* Cirrus Labs reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion,
with or without notice, which may result in Cirrus Labs disabling or throttling your usage of the Service for any amount of time.

### Service Policies and Privacy

The Service shall be subject to the privacy policy for the Service available at [Privacy Policy](privacy.md), hereby 
expressly into the Terms of Service by reference. You agree to the use of Your data in accordance with Cirrus Labs' privacy policies.

### Fees for Use of the Service

* The Service may be provided to You without charge up with certain limits or for a certain "trial" period of time.
* All payments for use of the Service will go through Stripe unless specified in the agreement.
* Cirrus Labs may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.

### Cancellation and Termination

* You must cancel your subscription via Stripe or my emailing sales@cirruslabs.org.
* You agree that Cirrus Labs, in its sole discretion and for any or no reason, may terminate or suspend Your subscription. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Cirrus Labs will not be liable to You or any third party for such termination.

### Customer Source Code

* Cirrus Labs claims no ownership or control over any Customer Source Code. You retain copyright and any other rights You 
already hold in the Customer Source Code and You are responsible for protecting those rights, as appropriate.
* You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer Source Code provided to the Service.
* You retain sole responsibility for any collaborators or third-party services that you allow to view Customer Source Code and entrust them at your own risk.
* Cirrus Labs is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties to view any Customer Source Code.

### Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas 
about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited 
and without restriction and will not place Cirrus Labs under any fiduciary or other obligation, and that we are free to
use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

### Modification of the Service

* You acknowledge and agree that the Service may change from time to time without prior notice to You.
* Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
* Cirrus Labs shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

### External Resources

The Service may include hyperlinks to other websites or content or resources or email content. You acknowledge and 
agree that Cirrus Labs is not responsible for the availability of any such external sites or resources, and does not 
endorse any advertising, products or other materials on or available from such web sites or resources.

### License from Cirrus Runners and Restrictions

Subject to and conditioned upon your compliance with these Terms of Service, we grant to you a personal, worldwide, 
royalty-free, non-assignable and non-exclusive license to use the software provided to You by Cirrus Labs as part of 
the Service as provided to You by Cirrus Labs. This license is for the sole purpose of enabling You to use and enjoy 
the benefit of the Service as provided by Cirrus Labs, in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, 
decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly 
permitted or required by law, or unless You have been specifically told that You may do so by Cirrus Labs, in writing 
(e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. 
To the limited extent that the open source software licenses expressly supersede these Terms of Service, the open source licenses 
govern Your agreement with Cirrus Labs for the use of the components of the Service released under an open source license.

You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or 
interfere with any other users' use or enjoyment of the Service.

You may not attempt to gain unauthorized access to any of the Service, member accounts, or computer systems or networks, 
through hacking, password mining or any other means.

Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):

* remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Service 
or in any content or other material obtained via the Service;
* use any robot, spider, website search/retrieval application, or other automated device, process or means to access, 
retrieve or index any portion of the Service;
* reformat or frame any portion of the web pages that are part of the Service;
* use the Service for commercial purposes not permitted under these Terms;
* create users by automated means or under false or fraudulent pretenses;
* attempt to defeat any security or verification measure relating to the Service;
* provide or use tracking or monitoring functionality in connection with the Service, including, without limitation, 
to identify other users’ actions or activities;
* impersonate or attempt to impersonate Cirrus Labs or any employee, contractor or associate of Cirrus Labs, or any other 
person or entity; or collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

### Our Copyright Dispute Policy

Cirrus Labs respects the intellectual property of others and requires that our users do the same. It is our policy to 
terminate the membership of repeat infringers. If you believe that material or content residing on or accessible through 
the Service infringes a copyright, please send a notice of copyright infringement containing the following information 
to the Designated Copyright Agent listed below:

* identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered 
by a single notification, a representative list of such works;
* information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that 
you are the copyright owner or are authorized to act on the copyright owner's behalf; and
* your physical or electronic signature.

Our Designated Copyright Agent for notification of claimed infringement can be reached by email at: hello@cirruslabs.org.

The Service may contain advertisements and/or links to other websites (“Third Party Sites”). Cirrus Labs does not endorse, 
sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or 
services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install 
any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site 
through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms 
and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, 
of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. 
Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Cirrus Labs bears no responsibility for 
any action associated with any Third Party Site.

### Disclaimer of Warranties

IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” 
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY 
DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION 
ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, 
OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, 
RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE 
(EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, 
RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR 
INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CIRRUS LABS MAKES NO WARRANTIES 
ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED 
WITH THE TRANSMISSION OF SENSITIVE INFORMATION. CIRRUS LABS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, 
THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF 
COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL CIRRUS LABS, ANY OF OUR AFFILIATES, 
DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR 
OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.

### Limitations on Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR 
TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, 
REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE 
THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING 
UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR 
ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, 
WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, 
LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, 
COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, 
EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW 
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 
OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS 
WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE 
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM 
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

### Indemnification

You agree to hold harmless and indemnify Cirrus Labs, and its subsidiaries, affiliates, officers, agents, employees, 
advertisers, licensors, suppliers or partners (collectively "Cirrus Labs and Partners") from and against any 
third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, 
(c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, 
including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, 
litigation costs and attorneys' fees, of every kind and nature. In such a case, Cirrus Labs will provide You with 
written notice of such claim, suit or action.

### Choice of Law and Dispute Resolution

The Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with 
the laws of the State of New York as applied to contracts made and performed entirely within New York, without giving 
effect to any conflicts of law statutes. Any controversy, dispute or claim arising out of or related to the 
Terms of Service or the Service shall be settled by final and binding arbitration to be conducted by an arbitration 
tribunal in the State of New York and the County of New York, pursuant to the rules of the American Arbitration Association. 
Any and all disputes that you may have with Cirrus Labs shall be resolved individually, without resort to any form of class action.

### General Legal Terms

The Terms constitute the whole legal agreement between You and Cirrus Labs and govern Your use of the Service and 
completely replace any prior agreements between You and Cirrus Labs in relation to the Service.

If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner 
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and 
the remaining portions shall remain in full force and effect.

The failure of Cirrus Labs to exercise or enforce any right or provision of the Terms of Service shall not constitute 
a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein 
shall not be deemed a waiver of any further rights hereunder.

You agree that if Cirrus Labs does not exercise or enforce any legal right or remedy which is contained in the Terms 
(or which Cirrus Labs has the benefit of under any applicable law), this will not be taken to be a formal waiver of 
Cirrus Labs' rights and that those rights or remedies will still be available to Cirrus Labs.

Cirrus Labs shall not be liable for failing or delaying performance of its obligations resulting from any condition 
beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, 
flood or other acts of God, labor conditions, power failures, and Internet disturbances.

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, 
merger with, or other transfer of our company to another entity.

This page was last updated on 02/03/2019.
