Terms of Service Agreement

Last Modified: Saturday July 19th, 2014 (view all changes)

THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") ESTABLISHES THE TERMS AND CONDITIONS THAT APPLY TO ALL END USERS (EACH AND COLLECTIVELY, "YOU", "YOUR", OR "USER") OF THE SITE AND/OR SERVICE (EACH AS DEFINED BELOW). BY USING THIS SITE AND/OR SERVICE, YOU ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THIS SITE AND/OR SERVICE IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY WAKATIME. ("WAKATIME", "WE", "OUR", OR "US") AT ANY TIME. YOUR CONTINUED USE OF THE SITE AND/OR SERVICE AFTER THE MODIFICATION OF THIS AGREEMENT MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THIS AGREEMENT EACH TIME YOU ACCESS THE SITE AND/OR SERVICE IN ORDER TO VIEW ANY CHANGES TO THIS AGREEMENT. THIS AGREEMENT WAS LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

Use of Site and our Service

The term "Site" shall mean: WakaTime's website located at wakatime.com, plug-ins, extensions, downloadable software at github.com/wakatime, mobile applications, and tablet computer applications (individually and collectively, the "Site"). The term "Service" shall mean: use of the Internet web pages and mobile application pages, plug-ins, extensions, data, analyses, screens, reports, documentation and other information of any kind that are accessible through the Site, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein.

Subject to the terms and conditions of this Agreement, WakaTime hereby grants to each User a limited revocable, non-exclusive, non-transferable license to access and use the Site and/or the Service. WakaTime reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Site or Service (or any portion thereof); and (ii) modify or discontinue providing the Site or Service (or any portion thereof).

Your WakaTime Account

If you create an account on the Site, you are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify WakaTime immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at support@wakatime.com. You are responsible for all use of the Site or Service occurring under your account. WakaTime will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

Intellectual Property

This Agreement does not transfer from WakaTime to you any WakaTime or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WakaTime. WakaTime, the WakaTime logo, and all other trademarks, service marks, graphics and logos used in connection with WakaTime, the Site, or the Service are trademarks or registered trademarks of WakaTime. Other trademarks, service marks, graphics and logos used in connection with the Site or Service may be the trademarks of other third parties. Your use of the Site or Service grants you no right or license to reproduce or otherwise use any WakaTime or third-party trademarks.

Your Responsibilities

You may use the Site and/or the Service solely for lawful purposes. You may not use the Site and/or the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and/or the Service. We want to keep WakaTime safe for everyone. You agree to notify WakaTime immediately if you gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. We appreciate your help in responsibly disclosing security vulnerabilities to us. Without limiting any of the foregoing, you expressly agree that you shall not (and you agree not to allow any third party to):

Disclaimer of Warranties

The Site is provided "as is". WakaTime and it's suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WakaTime nor its suppliers and licensors, makes any warranty that the Site 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, the Site at your own discretion and risk.

Limitation of Liability

In no event will WakaTime, 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 WakaTime under this agreement. WakaTime 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.

Indemnification

You agree to indemnify and hold harmless WakaTime, it's contractors, and it's 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 the Service, including but not limited to your violation of this Agreement.

Termination

You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with WakaTime. This includes, but is not limited to, any dispute related to or arising out of: (i) any term of the Terms of Service or WakaTime's enforcement or application of the Terms of Service; (ii) any policy or practice of WakaTime, including the Privacy Policy, or WakaTime's enforcement or application of these policies; (iii) the data available through the Service; (iv) your ability to access and use the Service; or (v) the amount or type of fees, surcharges, applicable taxes, and any WakaTime billing methods. WakaTime, in its sole discretion, may terminate your membership and remove and discard any of your data without notice if WakaTime believes that you have violated or acted inconsistently with the Terms of Service. We will not be liable to you for termination of your membership to the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property provisions, warranty disclaimers, and limitations of liability.

Miscellaneous

This Agreement constitutes the entire agreement between WakaTime and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WakaTime, or by the posting by WakaTime of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site 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.

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