diff --git a/docs/privacy.md b/docs/privacy.md index f7abd261cfa..e3b24d2196f 100644 --- a/docs/privacy.md +++ b/docs/privacy.md @@ -4,37 +4,53 @@ title: Sourcegraph Privacy Policy permalink: privacy --- -Last modified: May 25, 2018 +Last modified: December 3, 2018 -Sourcegraph, Inc. (**"Sourcegraph," "we," "our,"** or **"us"**) understands that privacy is important to our online visitors to our Sourcegraph.com website and users of our online services (collectively, for the purposes of this Privacy Policy, our **"Website"**). Self-hosted Sourcegraph instances are not included in the definition of Website (collectively, our **"Service"** or **"Services"**). This Privacy Policy explains how we collect, use, share and protect your personal information that we collect through our Service. By using our Service, you agree to the terms of this Privacy Policy and our Terms of Service. +Sourcegraph, Inc. (**"Sourcegraph," "we," "our,"** or **"us"**) understands that privacy is important to our online visitors to our Sourcegraph.com website and users of our online services (collectively, for the purposes of this Privacy Policy, our **"Website"**). Self-hosted Sourcegraph instances are not included in the definition of Website (collectively, our **"Service"** or **"Services"**). This Privacy Policy explains how we collect, use, share and protect your personal information that we collect through our Service. By using our Service, you agree to the terms of this Privacy Policy and our Terms of Service. + +
+ +Quick links: + +- [How and what we collect from Sourcegraph.com visitors](#Information-from-Sourcegraph-com-visitors) +- [How and what we collect from self-hosted Sourcegraph instances](#Information-from-self-hosted-Sourcegraph-instances) +- [The complete list of what we collect from self-hosted Sourcegraph instances](https://docs.sourcegraph.com/admin/pings#pings) + +
Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service. -**DATA CONTROLLER** +## DATA CONTROLLER The Data Controller for Sourcegraph and our Services is: Sourcegraph, Inc.
142 Minna Street, 2nd Floor, San Francisco, CA 94105 -**WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE** +## WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE The categories of information we collect can include: - **Information you provide to us directly:** We may collect personal information such as a username, first and last name, email address, and payment information, when you register for a Sourcegraph account, participate in forums, comment on blog posts, or if you correspond with us. -- **Information we collect from third parties and social media sites:** We may collect information about you from third party services. For example, we may receive information about you if you interact with our site through various social media, for example, by logging in through or liking us on Facebook or following us on Twitter. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service. +- **Information we collect from third parties and social media sites:** We may collect information about you from third-party services. For example, we may receive information about you if you sign in to our site using an identify provider such as GitHub.com, or through your actions on social media, for example, liking us on Facebook or following us on Twitter. The data we receive is dependent upon your privacy settings with the third-party service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service. + +We use this information to operate, maintain, and provide to you the features of the Service. We may use this information to communicate with you, such as to send you email messages, and to follow up with you to offer news and information about our Service. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see "Your Choices About Your Information" below. -We use this information to operate, maintain, and provide to you the features of the Service. We may use this information to communicate with you, such as to send you email messages, and to follow up with you to offer news and information about our Service. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see "Your Choices About Your Information" below. +## HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION -**HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION** +### Information from Sourcegraph.com visitors -**Information from Sourcegraph.com visitors** +
-We and our third party partners may automatically collect certain types of usage information when you visit or use our Website. +View our Terms of Service for Sourcegraph.com. -- For instance, when you visit our Website, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Website (e.g., the pages you view, the links you click, how frequently you access the Website, and other actions you take on the Website), and allow us to track your usage of the Website over time. -- We may collect log file information about your browser or mobile device each time you access the Website. Log file information may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Website, domain names, landing pages, pages viewed, and other such information. +
+ +We and our third-party partners may automatically collect certain types of usage information when you visit or use our Website. + +- For instance, when you visit our Website, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Website (e.g., the pages you view, the links you click, how frequently you access the Website, and other actions you take on the Website), and allow us to track your usage of the Website over time. +- We may collect log file information about your browser or mobile device each time you access the Website. Log file information may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Website, domain names, landing pages, pages viewed, and other such information. - We may employ clear gifs (also known as web beacons) in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Website. -- We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Website. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Website. +- We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Website. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Website. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time. @@ -59,13 +75,19 @@ We use third-party applications such as Stripe to manage corporate billing. Thes We do not use any third-party services in our Services, or share user personal information with any third-party services, such as ad networks, for the purpose of advertising to you, or that use cookies or other tracking technologies to collect information about you for the purpose of advertising to you. -**Usage information from self-hosted Sourcegraph instances** +### Information from self-hosted Sourcegraph instances + +
+ +View our Terms of Service for self-hosted instances. + +
-Sourcegraph collects information about usage from each self-hosted Sourcegraph instance (Server and Data Center deployments) through a server ping. The server ping sends a payload containing data such as total number of users and whether certain features are enabled or in use. +Sourcegraph collects information about usage from each self-hosted Sourcegraph instance through a server ping. The server ping sends a payload containing data such as total number of users and whether certain features are enabled or in use. -The only personal information collected is the email address the initial Sourcegraph installer and site admin (or, if that user is deleted or demoted to not be an admin, the first such active site admin). This information allows us to contact the technical administrator of the Sourcegraph instance to deliver information about product updates and policy changes, and for customer development purposes. Other than the initial site admin email address, only aggregates of usage data are sent: no usernames, user emails, user personal information, code, repository names, file names, URLs, or other content is sent to Sourcegraph. You can read more about the server ping in our documentation. Customers can contact Sourcegraph at support@sourcegraph.com to opt out of server pings. +The only personal information collected is the email address the initial Sourcegraph installer and site admin (or, if that user is deleted or demoted to not be an admin, the first such active site admin). This information allows us to contact the technical administrator of the Sourcegraph instance to deliver information about product updates and policy changes, and for customer development purposes. Other than the initial site admin email address, only aggregates of usage data are sent: no usernames, user emails, user personal information, code, repository names, file names, URLs, or other content is sent to Sourcegraph. You can [read more about the server ping in our documentation](https://docs.sourcegraph.com/admin/pings#pings). Customers can contact Sourcegraph at support@sourcegraph.com to opt out of server pings. -**BASES FOR PROCESSING YOUR INFORMATION** +## BASES FOR PROCESSING YOUR INFORMATION **Performance of a contract:** The use of your information may be necessary to perform the contract that you have with us. For example, if you use our Service to purchase Sourcegraph product subscriptions or services, create a profile, post and comment through our Websites, or request information through our Websites, we will use your information to carry out our obligation to complete and administer that contract or request. @@ -73,9 +95,9 @@ The only personal information collected is the email address the initial Sourceg **Consent:** We may rely on your consent to use your personal information for certain direct marketing purposes, such as sending you newsletter updates about Sourcegraph products. You may withdraw your consent at any time through the unsubscribe feature provided with each marketing email or by contacting us at the addresses given at the end of this Privacy Policy. -**SHARING YOUR INFORMATION** +## SHARING YOUR INFORMATION -We may share your personal information in the instances described below. For further information on your choices regarding your information, see the "Your Choices About Your Information" section below. +We may share your personal information in the instances described below. For further information on your choices regarding your information, see the "Your Choices About Your Information" section below. We may share your personal information with: @@ -89,7 +111,7 @@ We may also aggregate or otherwise strip data of all personally identifying char Any information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy settings. If you remove information or content that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information. -**GLOBAL PRIVACY PRACTICES** +## GLOBAL PRIVACY PRACTICES Information we collect will be stored and processed in the United States in accordance with this Privacy Policy but we understand that users from other countries may have different expectations and rights with regard to their privacy. For all Sourcegraph.com visitors, Website users, and self-hosted Sourcegraph users, no matter their country of location, we will: @@ -115,9 +137,9 @@ Additional rights that may apply to you in certain instances: To exercise your privacy rights, you can contact us directly at support@sourcegraph.com. -**YOUR CHOICES ABOUT YOUR INFORMATION** +## YOUR CHOICES ABOUT YOUR INFORMATION -**How to control your communications preferences:** You can stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. For as long as you are using our Services, you may not opt out of Service-related communications (e.g., account verification, changes/updates to our products or features of the Service, technical and security notices). +**How to control your communications preferences:** You can stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. For as long as you are using our Services, you may not opt out of Service-related communications (e.g., account verification, changes/updates to our products or features of the Service, technical and security notices). **Modifying or deleting your information:** If you already have an account on the Website, you may access, update, alter, or delete your basic user profile information by logging into your account and updating profile settings. @@ -127,28 +149,28 @@ We will delete inactive accounts and any personal information in them after a pe If you have any questions about reviewing, modifying or deleting your account information, you can contact us directly at support@sourcegraph.com. -**HOW WE STORE AND PROTECT YOUR INFORMATION** +## HOW WE STORE AND PROTECT YOUR INFORMATION **Storage and processing:** Your information collected through the Service may be stored and processed in the United States or any other country in which Sourcegraph or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Sourcegraph or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. **Keeping your information safe:** Sourcegraph cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, Sourcegraph will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. -**USER DATA** +## USER DATA -Sourcegraph's collection, storage, and use of User Data, and our responsibilities with respect to such User Data, are set forth in our Terms of Service and are not covered by this Privacy Policy. +Sourcegraph's collection, storage, and use of User Data, and our responsibilities with respect to such User Data, are set forth in our Terms of Service and are not covered by this Privacy Policy. -**CHILDREN'S PRIVACY** +## CHILDREN'S PRIVACY Sourcegraph does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. If you are based in the European Union, we will not knowingly collect your information if you are under the age of 16. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13 or child in the European Union under 16, please contact us at support@sourcegraph.com. -**LINKS TO OTHER WEB SITES AND SERVICES** +## LINKS TO OTHER WEB SITES AND SERVICES -Our Service may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from the Service and your interactions with any third-party website or service are subject to that third party's own rules and policies. +Our Service may integrate with or contain links to other third-party sites and services. We are not responsible for the practices employed by third-party websites or services embedded in, linked to, or linked from the Service and your interactions with any third-party website or service are subject to that third party's own rules and policies. -**HOW TO CONTACT US** +## HOW TO CONTACT US If you have any questions about this Privacy Policy or the Service, please contact us at support@sourcegraph.com. -**CHANGES TO OUR PRIVACY POLICY** +## CHANGES TO OUR PRIVACY POLICY -Sourcegraph may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices. When we do so, we will revise the 'last modified' date at the top of this page. +Sourcegraph may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices. When we do so, we will revise the 'last modified' date at the top of this page. diff --git a/docs/terms-dotcom.md b/docs/terms-dotcom.md new file mode 100644 index 00000000000..9c8b6ff7a87 --- /dev/null +++ b/docs/terms-dotcom.md @@ -0,0 +1,215 @@ +--- +layout: markdown +title: Sourcegraph Terms of Service (for Sourcegraph.com) +permalink: terms-dotcom +--- + +Last modified: December 3, 2018 + +Thank you for using Sourcegraph! Please read this Terms of Service agreement carefully before accessing or using Sourcegraph. We have tried to make it as clear as possible by presenting these terms in short non-binding summaries, followed by the full legal terms. + +
+ +
+ +These Terms of Service apply only to the Software described in this Agreement. We also make available certain software packages under separate open source licensing terms, including those software packages made available in our GitHub organization, which is available at https://www.github.com/sourcegraph. The open source license applicable to each particular software package is identified in the applicable repository. + +
+ +
+ +
+ +These Terms of Service apply to users of Sourcegraph.com. [View Sourcegraph Terms of Service for self-hosted Sourcegraph instances](/terms-self-hosted). + +
+ +
+ +## ABOUT + +**Short version:** Sourcegraph creates software that analyzes code and other data. Sourcegraph.com is delivered as a cloud application. By running or using our software, you are agreeing to these terms and our privacy policy. + +These Terms of Service are provided by Sourcegraph, Inc. (**"Sourcegraph," "we," "our,"** or **"us"**) and govern your use of the software we make available at Sourcegraph.com and other software we make available that connects to Sourcegraph.com, such as our browser and editor extensions (when exclusively connected to Sourcegraph.com, rather than to a self-hosted Sourcegraph instance) (the **"Software"**). To use the Software, Users must at all times agree to and abide by these Terms. The Software allows you to automatically analyze public code and certain other information related to the code (such code and information, collectively, **"Public Code Data"**). + +Sourcegraph provides a software platform designed to enhance code intelligence. That is, our Software draws insights from automatic analysis of code, giving developers and teams instant access to key information about public codebases. + +Our Software may be made available on a hosted basis or in binary form. In all cases, your usage of the Software will be subject to these Terms. + +These Terms of Service constitute a legal contract between you and your company, organization, or entity (**"you"** or, collectively with other users, **"Users"**), on the one hand, and Sourcegraph on the other regarding your and your company, organization, or entity's use of the Software. Sourcegraph may have different roles with respect to different types of Users, and "you" as used in these Terms will apply to the appropriate type of User under the circumstances (e.g., an individual User and/or a Subscribing Organization). If you are using or opening an account with Sourcegraph on behalf of a company, entity, or organization (collectively, the **"Subscribing Organization"**) then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms; (ii) have read these Terms; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such Subscribing Organization. + +Please read carefully the following terms and conditions. By registering for and/or using or subscribing to the Software, or by clicking "I Agree," or otherwise affirmatively manifesting your intent to be bound by these Terms of Service, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications (collectively, the **"Terms"**), and to the collection and use of your personal information as set forth in the Sourcegraph Privacy Policy. + +Please read these Terms carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. + +

+ +##1. LICENSES + +**Short version:** You are free to use Sourcegraph.com. You may not try to pass off Sourcegraph as your own product or get paid for it. + +1.1 General License Grant. Subject to the terms and conditions of these Terms, Sourcegraph hereby grants to you a limited, non-transferable license to use the Software in the manner contemplated by these Terms solely for your internal business purposes; provided that this Section 1.1 does not grant you any right to use any features of the Software that are made available to Users subject to such Users' payment of additional fees (**"Premium Features"**). Users shall have no right to sub-license or resell the Software or any component thereof. + +1.2 Premium Features. Sourcegraph.com is free. A current list of Premium Features and sets of them available for purchase are made available on our Pricing and Payment Terms, and may be updated from time to time at Sourcegraph's sole and absolute discretion. + +1.3 Limitations on Use. You may not use the Software except as permitted in this Agreement. Except with Sourcegraph's prior written consent or as expressly permitted under this Agreement, you may not: (a) alter, modify or create any derivative works of the Software, the underlying source code, or the documentation in any way, including without limitation customization, translation or localization; (b) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Software or derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (c) copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software or documentation; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or documentation; (e) permit a number of Users more than has been authorized by Sourcegraph in writing; or (f) access or use the Software or documentation for the purpose of building a product or service with functionality substantially similar to the Software. You may not cause or permit any third party to do any of the foregoing. + +

+ +## 2. PRIVACY + +2.1 User privacy is important to us. Please read our Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information. + +

+ +## 3. ADDITIONAL TERMS + +3.1 Certain features of the Software may have their own terms and conditions that you must agree to when you sign up for that particular product, function, feature, or service. Such terms supplement these Terms and are hereby incorporated by reference. + +

+ +## 4. ELIGIBILITY; TERMINATION + +**Short version:** You or Sourcegraph can close your account at any time. + +4.1 You agree that Sourcegraph, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Sourcegraph. In addition, Sourcegraph reserves the right to discontinue any aspect of the Software at any time, including the right to discontinue the display and analysis of any Public Code Data. You agree that any termination of your access to the Software or any account you may have or portion thereof may be affected without prior notice, and you agree that Sourcegraph will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Software may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Sourcegraph may have at law or in equity. + +

+ +## 5. PAYMENT TERMS; CHARGES AND TAXES + +**Short version:** Sourcegraph.com is free. + +5.1 Sourcegraph.com is free. View our Pricing and Payment Terms for a current list of Premium Feature and sets of them available for purchase, or our [Terms of Service for self-hosted instances](/terms-self-hosted) for payment terms governing self-hosted Sourcegraph instances. + +

+ +## 6. PUBLIC CODE DATA + +**Short version:** By using Sourcegraph.com, you grant us access to the code (and any other data used by Sourcegraph.com to operate, such as git history) that you provide or make public. + +6.1 Use of Public Code Data. By analyzing your Public Code Data with the Software, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Public Code Data required for Sourcegraph to provide the features and functionality of the Software. You agree that Sourcegraph may collect, analyze, and use data derived from Public Code Data, for purposes of operating, analyzing, improving, or marketing the Software and any related services. You further agree that Sourcegraph will have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data. + +6.2 Your Responsibilities for Public Code Data. In connection with Public Code Data, you hereby represent, warrant, and agree that: (a) you have obtained the Public Code Data lawfully, and the Public Code Data does not and will not violate any applicable laws or any person or entity's proprietary or intellectual property rights; (b) the Public Code Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Sourcegraph or its subcontractors to provide the Software; (c) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to Public Code Data provided hereunder; (d) Sourcegraph may exercise the rights in Public Code Data granted hereunder without liability or cost to any third party; and (e) the Public Code Data complies with the terms of these Terms. For purposes of clarity, Sourcegraph takes no responsibility and assumes no liability for any Public Code Data, and you will be solely responsible for your Public Code Data. You may not submit any Public Code Data that includes any information that can be used to identify, locate, or contact any of your employees, customers, users or potential customers or users other than data inherent to the Public Code Data file formats (such as email addresses provided by code authors in git data), submitted in good faith, including: (1) first and last name; (2) home or other physical address; (3) telephone number; (4) email address or online identifier associated with an individual; (5) social security number, passport number, driver's license number, or similar identifier; (6) credit or debit card number; (7) employment, financial or health information; or (8) any other information relating to an individual, including cookie information and usage and traffic data or profiles, that is combined with any of the foregoing (collectively, **"Personal Data"**) without Sourcegraph's prior written approval. + +6.3 Rights to Public Code Data. For purposes of clarity, you own all right, title and interest (including all intellectual property rights) in and to your Public Code Data. + +## 7. USAGE DATA + +**Short version:** By using Sourcegraph.com, you grant us the right to collect usage data from Sourcegraph.com as described in our Privacy Policy. + +7.1 Use of Usage Data. Sourcegraph collects certain information about your use of the Software, including aggregated data about your Usage Data. You agree that Sourcegraph may collect, analyze, and use data derived from you and other Users' access and use of the Software (**Usage Data**), for purposes of operating, analyzing, improving, or marketing the Software and any related services. If Sourcegraph shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from Usage Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or the User. By way of example and not limitation, Sourcegraph may: (a) track the number of Users on an anonymized aggregate basis as part of Sourcegraph's marketing efforts to publicize the total number of Users of the Software; (b) analyze aggregated usage patterns for product development efforts; or (c) use aggregated or anonymous data derived from Usage Data in a form which may not reasonably identify either a particular individual or the User to develop further analytic frameworks and application tools. You further agree that Sourcegraph will have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data. + +

+ +## 8. OWNERSHIP; PROPRIETARY RIGHTS + +**Short version:** Sourcegraph’s software, visual elements, and registered IP (such as trademarks, copyrights, and patents) belong to Sourcegraph. + +8.1 The Software is owned and operated by Sourcegraph. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Software provided by Sourcegraph, but expressly excluding any of the foregoing owned or licensed by and posted to the Software at the direction of Users (including without limitation Public Code Data) (**"Materials"**) are protected by intellectual property and other applicable laws. Except for any technology licensed by Sourcegraph, which is owned by and provided by our third-party licensors, all Materials contained in the Software, including without limitation the intellectual property rights therein and thereto, are the property of Sourcegraph or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Sourcegraph or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. + +8.2 You may choose to or we may invite you to submit comments or ideas about the Software, including without limitation about how to improve the Software or our products (**"Ideas"**). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sourcegraph 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. You further acknowledge that, by acceptance of your submission, Sourcegraph does not waive any rights to use similar or related ideas previously known to Sourcegraph, or developed by its employees, or obtained from sources other than you. + +

+ +## 9. THIRD-PARTY SITES, INFORMATION, AND SOFTWARE + +**Short version:** Sourcegraph.com uses remote third-party services for many purposes — including uptime monitoring, tracing, logging, analytics, marketing, and more. Further details may be available in our Privacy Policy + +9.1 The Software may call the servers of other websites or services (**"Third-Party Sites"**). Sourcegraph makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third-Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk. Further, you acknowledge that the Software may contain copyrighted software of our suppliers which are obtained under a license from such suppliers (**"Third-Party Software"**). All third-party licensors and suppliers retain all right, title and interest in and to such Third-Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third-Party Software shall be subject to, and you shall comply with, the terms and conditions of this Agreement, and the applicable restrictions and other terms and conditions set forth in any Third-Party Software documentation or printed materials, including without limitation an end user license agreement. + +

+ +## 10. SOURCEGRAPH EXTENSIONS + +10.1 Certain features of the Software may allow you to download software packages from the public Sourcegraph extension registry or a self-hosted Sourcegraph extension registry. These packages may be offered by Sourcegraph or by third-party providers — in either case, such packages are made available under separate terms and conditions and are not governed by this Agreement. + +

+ +## 11. SECURITY AND PRIVACY SETTINGS + +11.1 We have implemented commercially reasonable technical and organizational measures designed to secure information you provide us from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide Personal Data or other sensitive information in order to use the Software and that you provide any such information at your own risk. + +

+ +## 12. DISCLAIMERS; NO WARRANTIES + +**Short version:** We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect. + +12.1 The Software and any third-party or Public Code Data, software, services, or applications made available in conjunction with or through the Software is provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Sourcegraph, its suppliers, licensors, and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. + +12.2 Sourcegraph, its suppliers, licensors, and partners do not warrant that the functions contained in the Software will be uninterrupted or error-free, that the Software will meet your requirements, that defects will be corrected, or that the Software or the server that makes it available is free of viruses or other harmful components. + +12.3 Sourcegraph, its suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Software in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you download or otherwise obtain third-party or Public Code Data, material, or data through the use of the Software at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such third-party or User provided information, material, or data. Sourcegraph will not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store or maintain any third-party or Public Code Data. + +12.4 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. + +

+ +## 13. LIMITATION OF LIABILITY + +**Short version:** We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you. + +13.1 Under no circumstances, including, but not limited to, negligence, will Sourcegraph or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Software, or any other interactions with Sourcegraph, even if Sourcegraph or a Sourcegraph authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Sourcegraph's liability will be limited to the fullest extent permitted by applicable law. + +13.2 In no event will Sourcegraph's or its affiliates', contractors', employees', agents', or third-party partners', licensors', or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Software, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Software during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim or one hundred dollars, whichever is greater. + +13.3 You acknowledge and agree that Sourcegraph has offered its products and services, set its prices, and entered into these terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Sourcegraph. + +

+ +## 14. INDEMNIFICATION + +**Short version:** You are responsible for your use of the service. + +14.1 You agree to defend, indemnify and hold harmless Sourcegraph and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Software, including any data or work transmitted or received by you; (b) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your Public Code Data or any other data that are submitted via your account; or (f) any other party's access and use of the Software with your unique username, password or other appropriate security code. Sourcegraph will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Sourcegraph. Sourcegraph will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. + +

+ +## 15. LOCATION OF THE SOFTWARE; EXPORT CONTROLS + +**Short version:** You are responsible for compliance with your local laws. You may not use Sourcegraph in an embargoed county. + +15.1 The hosted version of the Software is controlled and operated from our facilities in the United States. Sourcegraph makes no representations that the Software is appropriate or available for use in other locations. Those who access or use the Software from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. You may not use the Software if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Software are solely directed to individuals, companies, or other entities located in the U.S. By using the Software, you are consenting to have your personal data transferred to and processed in the United States. + +15.2 The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and you agree to comply with all export laws and other applicable laws. + +

+ +## 16. GOVERNING LAW; ARBITRATION; AND CLASS ACTION/JURY TRIAL WAIVER + +16.1 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable. + +16.2 Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Sourcegraph. For any dispute with Sourcegraph, you agree to first contact us at support@sourcegraph.com and attempt to resolve the dispute with us informally. In the unlikely event that Sourcegraph has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, **"Claims"**), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Sourcegraph agree otherwise. If you are using the Software for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Sourcegraph from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights. + +16.3 Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Software for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these Terms, you and Sourcegraph are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. + +

+ +## 17. MISCELLANEOUS + +17.1 Notice and Modifications. Sourcegraph may provide you with notices, including those regarding changes to Sourcegraph's terms and conditions, by email, regular mail, or postings on the Software. Notice will be deemed given twenty-four hours after email is sent, unless Sourcegraph is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Software. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Software is deemed given five (5) days following the initial posting. Sourcegraph reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Sourcegraph is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Sourcegraph may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Software after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Software. + +17.2 U.S. Government End Users. The Software was developed by private financing and constitutes a "Commercial Item," as that term is defined at 48 C.F.R. §2.101. The Software consists of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government End Users acquire only those rights in the Software and the Documentation that are specifically provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government End Users acquire only technical data and the rights in that data customarily as specifically provided in this Agreement. + +17.3 Waiver. The failure of Sourcegraph to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sourcegraph. + +17.4 Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions; except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. + +17.5 Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sourcegraph without restriction. + +17.6 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 3 and 9 through 17. + +17.7 Headings. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. + +17.8 Entire Agreement. This, including the agreements incorporated by reference, constitutes the entire agreement between you and Sourcegraph relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Sourcegraph as set forth in these Terms. + +17.9 Claims. To the extent permissible under applicable law, you and Sourcegraph agree that any cause of action you may have arising out of or related to the Software must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. + +17.10 Disclosures. The Software is offered by Sourcegraph, Inc., located at 142 Minna St, 2nd Floor, San Francisco, CA 94105, and can be reached via email at support@sourcegraph.com or telephone at (650) 318-3480. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. + +

+ +## ACKNOWLEDGMENTS + +Thank you to GitHub for setting a strong example in making their own Terms of Service readable, and for open sourcing their Terms, Privacy Policy, and more. diff --git a/docs/terms-self-hosted.md b/docs/terms-self-hosted.md new file mode 100644 index 00000000000..234b3d5afa0 --- /dev/null +++ b/docs/terms-self-hosted.md @@ -0,0 +1,229 @@ +--- +layout: markdown +title: Sourcegraph Terms of Service (for self-hosted Sourcegraph instances) +permalink: terms-self-hosted +--- + +Last modified: December 3, 2018 + +Thank you for using Sourcegraph! Please read this Terms of Service agreement carefully before accessing or using Sourcegraph. We have tried to make it as clear as possible by presenting these terms in short non-binding summaries, followed by the full legal terms. + +
+ +
+ +These Terms of Service apply only to the Software described in this Agreement. We also make available certain software packages under separate open source licensing terms, including those software packages made available in our GitHub organization, which is available at https://www.github.com/sourcegraph. The open source license applicable to each particular software package is identified in the applicable repository. + +
+ +
+ +
+ +These Terms of Service apply to users of self-hosted Sourcegraph instances. [View Sourcegraph Terms of Service for Sourcegraph.com](/terms-dotcom). + +
+ +
+ +## ABOUT + +**Short version:** Sourcegraph creates software that analyzes your code and other data. It can be delivered as a managed cloud application or downloaded and run in your own network. You must pay to use some premium features. By running or using our software, you are agreeing to these terms and our privacy policy. + +These Terms of Service are provided by Sourcegraph, Inc. (**"Sourcegraph," "we," "our,"** or **"us"**) and govern your use of the software we make available as a self-hosted Souregraph instance and other software we make available that connects to such instances, such as our browser and editor extensions (when connected to a self-hosted Sourcegraph instance) (the **"Software"**). To use the Software, Users must at all times agree to and abide by these Terms. The Software allows you to automatically analyze your code and certain other information related to your organization and your code (such code and information, collectively, **"Code Data"**). + +Sourcegraph provides a software platform designed to enhance code intelligence. That is, our Software draws insights from automatic analysis of your organization's code, giving developers and teams instant access to key information about their codebase. + +Our Software may be made available on a hosted basis or in binary form. In all cases, your usage of the Software will be subject to these Terms. In addition, certain portions of these Terms will apply only to those Users who have purchased a license to use certain features of the Software that are made available to Users subject to such Users' payment of additional fees (the **"Premium Features"**). + +These Terms of Service constitute a legal contract between you and your company, organization, or entity (**"you"** or, collectively with other users, **"Users"**), on the one hand, and Sourcegraph on the other regarding your and your company, organization, or entity's use of the Software. Sourcegraph may have different roles with respect to different types of Users, and "you" as used in these Terms will apply to the appropriate type of User under the circumstances (e.g., an individual User and/or a Subscribing Organization). If you are using or opening an account with Sourcegraph on behalf of a company, entity, or organization (collectively, the **"Subscribing Organization"**) then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms; (ii) have read these Terms; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such Subscribing Organization. + +Please read carefully the following terms and conditions. By registering for and/or using or subscribing to the Software, or by clicking "I Agree," or otherwise affirmatively manifesting your intent to be bound by these Terms of Service, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications (collectively, the **"Terms"**), and to the collection and use of your personal information as set forth in the Sourcegraph Privacy Policy. + +Please read these Terms carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. + +

+ +##1. LICENSES + +**Short version:** You are free to use Sourcegraph’s free product features. If you have purchased a valid license to our paid features, you are free to use those as well. You may not try to pass off Sourcegraph as your own product or get paid for it. + +1.1 General License Grant. Subject to the terms and conditions of these Terms, Sourcegraph hereby grants to you a limited, non-transferable license to use the Software in the manner contemplated by these Terms solely for your internal business purposes; provided that this Section 1.1 does not grant you any right to use any Premium Features. Users shall have no right to sub-license or resell the Software or any component thereof. + +1.2 Premium Features License Grant. Subject to the terms and conditions of these Terms, and in addition to the rights granted above in Section 1.1, to the extent that you have purchased a license to use any set of the Premium Features and are current on all amounts due and payable with respect thereto, Sourcegraph hereby grants to you a limited, non-transferable license to use the Premium Features in the manner contemplated by these Terms solely for your internal business purposes. A current list of Premium Features and sets of them available for purchase are made available on our Pricing and Payment Terms, and may be updated from time to time at Sourcegraph's sole and absolute discretion. + +1.3 Limitations on Use. You may not use the Software except as permitted in this Agreement. Except with Sourcegraph's prior written consent or as expressly permitted under this Agreement, you may not: (a) alter, modify or create any derivative works of the Software, the underlying source code, or the documentation in any way, including without limitation customization, translation or localization; (b) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Software or derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (c) copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software or documentation; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or documentation; (e) permit a number of Users more than has been authorized by Sourcegraph in writing; or (f) access or use the Software or documentation for the purpose of building a product or service with functionality substantially similar to the Software. You may not cause or permit any third party to do any of the foregoing. + +

+ +## 2. PRIVACY + +2.1 User privacy is important to us. Please read our Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information. + +

+ +## 3. ADDITIONAL TERMS + +3.1 Certain features of the Software may have their own terms and conditions that you must agree to when you sign up for that particular product, function, feature, or service. Such terms supplement these Terms and are hereby incorporated by reference. + +

+ +## 4. ELIGIBILITY; TERMINATION + +**Short version:** You or Sourcegraph can close your account at any time. + +4.1 You agree that Sourcegraph, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Sourcegraph. In addition, Sourcegraph reserves the right to discontinue any aspect of the Software at any time, including the right to discontinue the display and analysis of any Code Data. You agree that any termination of your access to the Software or any account you may have or portion thereof may be affected without prior notice, and you agree that Sourcegraph will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Software may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Sourcegraph may have at law or in equity. + +

+ +## 5. PAYMENT TERMS; CHARGES AND TAXES + +**Short version:** You are responsible for any fees associated with your use of Sourcegraph. Pricing can change at any time, but you will receive notice at least 7 days in advance. Your subscription will automatically renew. + +If you have purchased a license to use any paid features of the Software, such as Premium Features, the following provisions apply to you: + +5.1 You are responsible for paying any applicable fees as set forth on our Pricing and Payment Terms and applicable taxes associated with the Software in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified by us either on our website or via the Software. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Sourcegraph if your selected payment method is cancelled (e.g., for loss or theft). All fees and charges are earned upon receipt by us and are nonrefundable (and there are no credits) unless negotiated otherwise, except (a) as expressly set forth herein, and/or (b) as required by applicable law. + +5.2 You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Software, including, but not limited to, sales, use, or value-added taxes. To the extent Sourcegraph is obligated to collect such taxes, the applicable tax will be added to your billing account. + +5.3 Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Software; provided, however, that such notice will not affect charges submitted before Sourcegraph could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service or on the Pricing and Payment Terms. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle. + +5.4 Sourcegraph reserves the right to change the amount of, or basis for determining, any fees or charges for the Software we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. You will receive notice of any fee change at least seven (7) days before the scheduled date of the transaction and failure to cancel your account as set forth herein will constitute acceptance of such fee change. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Service account, you agree that Sourcegraph can charge these unpaid fees to any payment method that you have previously provided. + +5.5 Your Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (a) every month for monthly subscriptions; (b) upon every one (1) year anniversary for annual subscriptions; (c) such other periodic rate you have selected from among the options offered on the Software. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice unless required by law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the applicable fees. + +5.6 Unless otherwise required by applicable law, for annual subscriptions, you must provide us with written notice of your intention not to renew at least fifteen (15) days prior to the end of the then-current term of your subscription. If you do so, your subscription will be cancelled at the end of the then-current term. + +

+ +## 6. CODE DATA + +**Short version:** By using Sourcegraph, you grant the Software access to the code (and any other data used by Sourcegraph to operate, such as git history, information about your team, and more, that you provide). + +6.1 Use of Code Data. By analyzing your Code Data with the Software, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Code Data required for Sourcegraph to provide the features and functionality of the Software. You agree that the Software may collect, analyze, and use data derived from Code Data, as well as data about you, and other Users' access and use of the Software, for purpose of operating. + +6.2 Your Responsibilities for Code Data. In connection with Code Data, you hereby represent, warrant, and agree that: (a) you have obtained the Code Data lawfully, and the Code Data does not and will not violate any applicable laws or any person or entity's proprietary or intellectual property rights; (b) the Code Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Sourcegraph or its subcontractors to provide the Software; (c) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to Code Data provided hereunder; (d) Sourcegraph may exercise the rights in Code Data granted hereunder without liability or cost to any third party; and (e) the Code Data complies with the terms of these Terms. For purposes of clarity, Sourcegraph takes no responsibility and assumes no liability for any Code Data, and you will be solely responsible for your Code Data. + +6.3 Rights to Code Data. For purposes of clarity, you own all right, title and interest (including all intellectual property rights) in and to your Code Data. + +

+ +## 7. AGGREGATE USAGE DATA + +**Short version:** By using Sourcegraph, you grant us the right to collect aggregate and high-level data from self-hosted Sourcegraph instances, as described in our Privacy Policy and our product documentation. + +7.1 Use of Aggregate Usage Data. Sourcegraph collects certain information about your use of the Software, including aggregated data about your Aggregate Usage Data. A complete list of data collected from self-hosted Sourcegraph instances (**"Aggregate Usage Data"**) is listed in Sourcegraph's product documentation (https://docs.sourcegraph.com/admin/pings#pings) and in the Site Admin area on your self-hosted Sourcegraph instance. You agree that Sourcegraph may collect, analyze, and use data derived from this Aggregate Usage Data, for purposes of operating, analyzing, improving, or marketing the Software and any related services. If Sourcegraph shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from Aggregate Usage Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or the User. By way of example and not limitation, Sourcegraph may: (a) track the number of Users on an anonymized aggregate basis as part of Sourcegraph's marketing efforts to publicize the total number of Users of the Software; or (b) analyze aggregated usage of certain product features for product development efforts. You further agree that Sourcegraph will have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data. + +

+ +## 8. OWNERSHIP; PROPRIETARY RIGHTS + +**Short version:** Sourcegraph’s software, visual elements, and registered IP (such as trademarks, copyrights, and patents) belong to Sourcegraph. + +8.1 The Software is owned and operated by Sourcegraph. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Software provided by Sourcegraph, but expressly excluding any of the foregoing owned or licensed by and posted to the Software at the direction of Users (including without limitation Code Data) (**"Materials"**) are protected by intellectual property and other applicable laws. Except for any technology licensed by Sourcegraph, which is owned by and provided by our third-party licensors, all Materials contained in the Software, including without limitation the intellectual property rights therein and thereto, are the property of Sourcegraph or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Sourcegraph or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. + +8.2 You may choose to or we may invite you to submit comments or ideas about the Software, including without limitation about how to improve the Software or our products (**"Ideas"**). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sourcegraph 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. You further acknowledge that, by acceptance of your submission, Sourcegraph does not waive any rights to use similar or related ideas previously known to Sourcegraph, or developed by its employees, or obtained from sources other than you. + +

+ +## 9. THIRD-PARTY SITES, INFORMATION, AND SOFTWARE + +**Short version:** While self-hosted Sourcegraph instances can be connected to many third-party services by users as described in our documentation (for uptime monitoring, tracing, logging, analytics, and more), they will not automatically communicate with any remote services, except when they ping Sourcegraph.com or check Sourcegraph.com for product updates. + +9.1 The Software may call the servers of other websites or services solely at the direction of and as a convenience to Users (**"Third-Party Sites"**). Sourcegraph makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third-Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk. Further, you acknowledge that the Software may contain copyrighted software of our suppliers which are obtained under a license from such suppliers (**"Third-Party Software"**). All third-party licensors and suppliers retain all right, title and interest in and to such Third-Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third-Party Software shall be subject to, and you shall comply with, the terms and conditions of this Agreement, and the applicable restrictions and other terms and conditions set forth in any Third-Party Software documentation or printed materials, including without limitation an end user license agreement. + +

+ +## 10. SOURCEGRAPH EXTENSIONS + +10.1 Certain features of the Software may allow you to download software packages from the public Sourcegraph extension registry or a self-hosted Sourcegraph extension registry. These packages may be offered by Sourcegraph or by third-party providers — in either case, such packages are made available under separate terms and conditions and are not governed by this Agreement. + +

+ +## 11. SECURITY AND PRIVACY SETTINGS + +11.1 We have implemented commercially reasonable technical and organizational measures designed to secure information you provide us from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide Personal Data or other sensitive information in order to use the Software and that you provide any such information at your own risk. + +

+ +## 12. DISCLAIMERS; NO WARRANTIES + +**Short version:** We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect. + +12.1 The Software and any third-party or Code Data, software, services, or applications made available in conjunction with or through the Software is provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Sourcegraph, its suppliers, licensors, and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. + +12.2 Sourcegraph, its suppliers, licensors, and partners do not warrant that the functions contained in the Software will be uninterrupted or error-free, that the Software will meet your requirements, that defects will be corrected, or that the Software or the server that makes it available is free of viruses or other harmful components. + +12.3 Sourcegraph, its suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Software in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you download or otherwise obtain third-party or Code Data, material, or data through the use of the Software at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such third-party or User provided information, material, or data. Sourcegraph will not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store or maintain any third-party or Code Data. + +12.4 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. + +

+ +## 13. LIMITATION OF LIABILITY + +**Short version:** We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you. + +13.1 Under no circumstances, including, but not limited to, negligence, will Sourcegraph or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Software, or any other interactions with Sourcegraph, even if Sourcegraph or a Sourcegraph authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Sourcegraph's liability will be limited to the fullest extent permitted by applicable law. + +13.2 In no event will Sourcegraph's or its affiliates', contractors', employees', agents', or third-party partners', licensors', or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Software, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Software during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim or one hundred dollars, whichever is greater. + +13.3 You acknowledge and agree that Sourcegraph has offered its products and services, set its prices, and entered into these terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Sourcegraph. + +

+ +## 14. INDEMNIFICATION + +**Short version:** You are responsible for your use of the service. + +14.1 You agree to defend, indemnify and hold harmless Sourcegraph and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Software, including any data or work transmitted or received by you; (b) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your Code Data or any other data that are submitted via your account; or (f) any other party's access and use of the Software with your unique username, password or other appropriate security code. Sourcegraph will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Sourcegraph. Sourcegraph will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. + +

+ +## 15. LOCATION OF THE SOFTWARE; EXPORT CONTROLS + +**Short version:** You are responsible for compliance with your local laws. You may not use Sourcegraph in an embargoed county. + +15.1 The self-hosted version of the Software is downloadable from our facilities in the United States. Sourcegraph makes no representations that the Software is appropriate or available for use in other locations. Those who access or use the Software from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. You may not use the Software if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Software are solely directed to individuals, companies, or other entities located in the U.S. By using the Software, you are consenting to have your personal data transferred to and processed in the United States. + +15.2 The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and you agree to comply with all export laws and other applicable laws. + +

+ +## 16. GOVERNING LAW; ARBITRATION; AND CLASS ACTION/JURY TRIAL WAIVER + +16.1 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable. + +16.2 Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Sourcegraph. For any dispute with Sourcegraph, you agree to first contact us at support@sourcegraph.com and attempt to resolve the dispute with us informally. In the unlikely event that Sourcegraph has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, **"Claims"**), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Sourcegraph agree otherwise. If you are using the Software for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Sourcegraph from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights. + +16.3 Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Software for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these Terms, you and Sourcegraph are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. + +

+ +## 17. MISCELLANEOUS + +17.1 Notice and Modifications. Sourcegraph may provide you with notices, including those regarding changes to Sourcegraph's terms and conditions, by email, regular mail, or postings on the Software. Notice will be deemed given twenty-four hours after email is sent, unless Sourcegraph is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Software. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Software is deemed given five (5) days following the initial posting. Sourcegraph reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Sourcegraph is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Sourcegraph may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Software after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Software. + +17.2 U.S. Government End Users. The Software was developed by private financing and constitutes a "Commercial Item," as that term is defined at 48 C.F.R. §2.101. The Software consists of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government End Users acquire only those rights in the Software and the Documentation that are specifically provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government End Users acquire only technical data and the rights in that data customarily as specifically provided in this Agreement. + +17.3 Waiver. The failure of Sourcegraph to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sourcegraph. + +17.4 Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions; except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. + +17.5 Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sourcegraph without restriction. + +17.6 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 3 and 9 through 17. + +17.7 Headings. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. + +17.8 Entire Agreement. This, including the agreements incorporated by reference, constitutes the entire agreement between you and Sourcegraph relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Sourcegraph as set forth in these Terms. + +17.9 Claims. To the extent permissible under applicable law, you and Sourcegraph agree that any cause of action you may have arising out of or related to the Software must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. + +17.10 Disclosures. The Software is offered by Sourcegraph, Inc., located at 142 Minna St, 2nd Floor, San Francisco, CA 94105, and can be reached via email at support@sourcegraph.com or telephone at (650) 318-3480. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. + +

+ +## ACKNOWLEDGMENTS + +Thank you to GitHub for setting a strong example in making their own Terms of Service readable, and for open sourcing their Terms, Privacy Policy, and more. diff --git a/docs/terms.md b/docs/terms.md index ad68a62addd..95912819763 100644 --- a/docs/terms.md +++ b/docs/terms.md @@ -4,174 +4,8 @@ title: Sourcegraph Terms of Service permalink: terms --- -Last modified: October 1, 2018 +[Terms of Service for Sourcegraph.com](/terms-dotcom) -Thank you for using Sourcegraph! Please read this Terms of Service agreement carefully before accessing or using Sourcegraph. We have tried to make it as clear as possible by presenting these terms in short non-binding summaries, followed by the full legal terms. +[Terms of Service for Sourcegraph self-hosted instances](/terms-dotcom) -
- -These Terms of Service apply only to the Software described in this Agreement. We also make available certain software packages under separate open source licensing terms, including those software packages made available in our GitHub organization, which is available at https://www.github.com/sourcegraph. The open source license applicable to each particular software package is identified in the applicable repository. - -
- -

**ABOUT** - -**Short version:** Sourcegraph creates software that analyzes your code and other data. It can be delivered as a cloud application or downloaded and run in your own network. You must pay to use some premium features. By running or using our software, you are agreeing to these terms and our privacy policy. - -These Terms of Service are provided by Sourcegraph, Inc. (**"Sourcegraph," "we," "our,"** or **"us"**) and govern your use of the software we make available (the "Software"). To use the Software, Users must at all times agree to and abide by these Terms. The Software allows you to automatically analyze your code and certain other information related to your organization and your code (such code and information, collectively, **"User Data"**). - -Sourcegraph provides a software platform designed to enhance code intelligence. That is, our Software draws insights from automatic analysis of your organization's code, giving developers and teams instant access to key information about their codebase. - -Our Software may be made available on a hosted basis or in binary form. In all cases, your usage of the Software will be subject to these Terms. In addition, certain portions of these Terms will apply only to those Users who have purchased a license to use certain features of the Software that are made available to Users subject to such Users' payment of additional fees (the **"Premium Features"**). - -These Terms of Service constitute a legal contract between you and your company, organization, or entity (**"you"** or, collectively with other users, **"Users"**), on the one hand, and Sourcegraph on the other regarding your and your company, organization, or entity's use of the Software. Sourcegraph may have different roles with respect to different types of Users, and “you” as used in these Terms will apply to the appropriate type of User under the circumstances (e.g., an individual User and/or a Subscribing Organization). If you are using or opening an account with Sourcegraph on behalf of a company, entity, or organization (collectively, the **"Subscribing Organization"**) then you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind such entity to these Terms; (ii) have read these Terms; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such Subscribing Organization. - -Please read carefully the following terms and conditions. By registering for and/or using or subscribing to the Software, or by clicking “I Agree,” or otherwise affirmatively manifesting your intent to be bound by these Terms of Service, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications (collectively, the “Terms”), and to the collection and use of your personal information as set forth in the Sourcegraph Privacy Policy. - -Please read these Terms carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. - -

**1. LICENSES** - -**Short version:** You are free to use Sourcegraph’s free product features. If you have purchased a valid license to our paid features, you are free to use those as well. You may not try to pass off Sourcegraph as your own product or get paid for it. - -1.1 General License Grant. Subject to the terms and conditions of these Terms, Sourcegraph hereby grants to you a limited, non-transferable license to use the Software in the manner contemplated by these Terms solely for your internal business purposes; provided that this Section 1.1 does not grant you any right to use any Premium Features. Users shall have no right to sub-license or resell the Software or any component thereof. - -1.2 Premium Features License Grant. Subject to the terms and conditions of these Terms, and in addition to the rights granted above in Section 1.1, to the extent that you have purchased a license to use any set of the Premium Features and are current on all amounts due and payable with respect thereto, Sourcegraph hereby grants to you a limited, non-transferable license to use the Premium Features in the manner contemplated by these Terms solely for your internal business purposes. A current list of Premium Features and sets of them available for purchase are made available on our Pricing and Payment Terms, and may be updated from time to time at Sourcegraph's sole and absolute discretion. - -1.3 Limitations on Use. You may not use the Software except as permitted in this Agreement. Except with Sourcegraph's prior written consent or as expressly permitted under this Agreement, you may not: (a) alter, modify or create any derivative works of the Software, the underlying source code, or the documentation in any way, including without limitation customization, translation or localization; (b) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Software or derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (c) copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software or documentation; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or documentation; (e) permit a number of Users more than has been authorized by Sourcegraph in writing; or (f) access or use the Software or documentation for the purpose of building a product or service with functionality substantially similar to the Software. You may not cause or permit any third party to do any of the foregoing. - -

**2. PRIVACY** - -2.1 User privacy is important to us. Please read our Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information. - -

**3. ADDITIONAL TERMS** - -3.1 Certain features of the Software may have their own terms and conditions that you must agree to when you sign up for that particular product, function, feature, or service. Such terms supplement these Terms and are hereby incorporated by reference. - -

**4. ELIGIBILITY; TERMINATION** - -**Short version:** You or Sourcegraph can close your account at any time. - -4.1 You agree that Sourcegraph, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Sourcegraph. In addition, Sourcegraph reserves the right to discontinue any aspect of the Software at any time, including the right to discontinue the display and analysis of any User Data. You agree that any termination of your access to the Software or any account you may have or portion thereof may be affected without prior notice, and you agree that Sourcegraph will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Software may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Sourcegraph may have at law or in equity. - -

**5. PAYMENT TERMS; CHARGES AND TAXES** - -**Short version:** You are responsible for any fees associated with your use of Sourcegraph. Pricing can change at any time, but you will receive notice at least 7 days in advance. Your subscription will automatically renew. - -If you have purchased a license to use any paid features of the Software, such as Premium Features, the following provisions apply to you: - -5.1 You are responsible for paying any applicable fees as set forth on our Pricing and Payment Terms and applicable taxes associated with the Software in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified by us either on our website or via the Software. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Sourcegraph if your selected payment method is cancelled (e.g., for loss or theft). All fees and charges are earned upon receipt by us and are nonrefundable (and there are no credits) unless negotiated otherwise, except (a) as expressly set forth herein, and/or (b) as required by applicable law. - -5.2 You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Software, including, but not limited to, sales, use, or value-added taxes. To the extent Sourcegraph is obligated to collect such taxes, the applicable tax will be added to your billing account. - -5.3 Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Software; provided, however, that such notice will not affect charges submitted before Sourcegraph could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service or on the Pricing and Payment Terms. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle. - -5.4 Sourcegraph reserves the right to change the amount of, or basis for determining, any fees or charges for the Software we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. You will receive notice of any fee change at least five (5) days before the scheduled date of the transaction and failure to cancel your account as set forth herein will constitute acceptance of such fee change. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Service account, you agree that Sourcegraph can charge these unpaid fees to any payment method that you have previously provided. - -5.5 Your Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (a) every month for monthly subscriptions; (b) upon every one (1) year anniversary for annual subscriptions; (c) such other periodic rate you have selected from among the options offered on the Software. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice unless required by law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the applicable fees. - -5.6 Unless otherwise required by applicable law, for annual subscriptions, you must provide us with written notice of your intention not to renew at least fifteen (15) days prior to the end of the then-current term of your subscription. If you do so, your subscription will be cancelled at the end of the then-current term. - -

**6. USER DATA** - -**Short version:** By using Sourcegraph, you grant us access to the code (and any other data used by Sourcegraph to operate, such as git history, information about your team, and more, that you provide). We have the right to collect aggregate and high-level data from private Sourcegraph instances, as described in our Privacy Policy and our product documentation, and detailed usage data from Sourcegraph.com. - -6.1 Use of User Data. By analyzing your User Data with the Software, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Data required for Sourcegraph to provide the features and functionality of the Software. While your User Data will remain on your systems, Sourcegraph collects certain information about your use of the Software, including aggregated data about your User Data. You agree that Sourcegraph may collect, analyze, and use data derived from User Data, as well as data about you, and other Users' access and use of the Software, for purposes of operating, analyzing, improving, or marketing the Software and any related services. If Sourcegraph shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from User Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or the User. By way of example and not limitation, Sourcegraph may: (a) track the number of Users on an anonymized aggregate basis as part of Sourcegraph's marketing efforts to publicize the total number of Users of the Software; (b) analyze aggregated usage patterns for product development efforts; or (c) use aggregated or anonymous data derived from User Data in a form which may not reasonably identify either a particular individual or the User to develop further analytic frameworks and application tools. You further agree that Sourcegraph will have the right, both during and after the term of these Terms, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data. - -6.2 Your Responsibilities for User Data. In connection with User Data, you hereby represent, warrant, and agree that: (a) you have obtained the User Data lawfully, and the User Data does not and will not violate any applicable laws or any person or entity's proprietary or intellectual property rights; (b) the User Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Sourcegraph or its subcontractors to provide the Software; (c) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data provided hereunder; (d) Sourcegraph may exercise the rights in User Data granted hereunder without liability or cost to any third party; and (e) the User Data complies with the terms of these Terms. For purposes of clarity, Sourcegraph takes no responsibility and assumes no liability for any User Data, and you will be solely responsible for your User Data. You may not submit any User Data that includes any information that can be used to identify, locate, or contact any of your employees, customers, users or potential customers or users, including: (1) first and last name; (2) home or other physical address; (3) telephone number; (4) email address or online identifier associated with an individual; (5) social security number, passport number, driver's license number, or similar identifier; (6) credit or debit card number; (7) employment, financial or health information; or (8) any other information relating to an individual, including cookie information and usage and traffic data or profiles, that is combined with any of the foregoing (collectively, “Personal Data”) without Sourcegraph's prior written approval. - -6.3 Rights to User Data. For purposes of clarity, you own all right, title and interest (including all intellectual property rights) in and to your User Data. - -

**7. OWNERSHIP; PROPRIETARY RIGHTS** - -**Short version:** Sourcegraph’s software, visual elements, and registered IP (such as trademarks, copyrights, and patents) belong to Sourcegraph. - -7.1 The Software is owned and operated by Sourcegraph. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Software provided by Sourcegraph, but expressly excluding any of the foregoing owned or licensed by and posted to the Software at the direction of Users (including without limitation User Data) (**"Materials"**) are protected by intellectual property and other applicable laws. Except for any technology licensed by Sourcegraph, which is owned by and provided by our third-party licensors, all Materials contained in the Software, including without limitation the intellectual property rights therein and thereto, are the property of Sourcegraph or its subsidiaries or affiliated companies. All trademarks, service marks, and trade names are proprietary to Sourcegraph or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. - -7.2 You may choose to or we may invite you to submit comments or ideas about the Software, including without limitation about how to improve the Software or our products (**"Ideas"**). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sourcegraph 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. You further acknowledge that, by acceptance of your submission, Sourcegraph does not waive any rights to use similar or related ideas previously known to Sourcegraph, or developed by its employees, or obtained from sources other than you. - -

**8. THIRD-PARTY SITES, INFORMATION, AND SOFTWARE** - -**Short version:** Sourcegraph.com uses remote third-party services for many purposes — including uptime monitoring, tracing, data logging, analytics, marketing, and more. However, while self-hosted Sourcegraph instances can be connected to many similar third-party services by users as described in our docs, they will not automatically communicate with any remote services, except when they ping Sourcegraph.com or check Sourcegraph.com for product updates. - -8.1 The Software may call the servers of other websites or services solely at the direction of and as a convenience to Users (**"Third-Party Sites"**). Sourcegraph makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third-Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk. Further, you acknowledge that the Software may contain copyrighted software of our suppliers which are obtained under a license from such suppliers (**"Third-Party Software"**). All third-party licensors and suppliers retain all right, title and interest in and to such Third-Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third-Party Software shall be subject to, and you shall comply with, the terms and conditions of this Agreement, and the applicable restrictions and other terms and conditions set forth in any Third-Party Software documentation or printed materials, including without limitation an end user license agreement. - -8.2 You acknowledge that Sourcegraph does not manage or control the User Data that you analyze with the Software, and accepts no responsibility or liability for that information regardless of whether such User Data is analyzed by you in breach of these Terms. - -

**9. SOURCEGRAPH EXTENSIONS** - -9.1 Certain features of the Software may allow you to download software packages from the public Sourcegraph extension registry or a self-hosted Sourcegraph extension registry. These packages may be offered by Sourcegraph or by third-party providers — in either case, such packages are made available under separate terms and conditions and are not governed by this Agreement. - -

**10. SECURITY AND PRIVACY SETTINGS** - -10.1 We have implemented commercially reasonable technical and organizational measures designed to secure information you provide us from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you are under no obligation to provide Personal Data or other sensitive information in order to use the Software and that you provide any such information at your own risk. - -

**11. DISCLAIMERS; NO WARRANTIES** - -**Short version:** We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect. - -11.1 The Software and any third-party or User Data, software, services, or applications made available in conjunction with or through the Software is provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Sourcegraph, its suppliers, licensors, and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. - -11.2 Sourcegraph, its suppliers, licensors, and partners do not warrant that the functions contained in the Software will be uninterrupted or error-free, that the Software will meet your requirements, that defects will be corrected, or that the Software or the server that makes it available is free of viruses or other harmful components. - -11.3 Sourcegraph, its suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Software in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you download or otherwise obtain third-party or User Data, material, or data through the use of the Software at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such third-party or User provided information, material, or data. Sourcegraph will not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store or maintain any third-party or User Data. - -11.4 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. - -

**12. LIMITATION OF LIABILITY** - -**Short version:** We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you. - -12.1 Under no circumstances, including, but not limited to, negligence, will Sourcegraph or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Software, or any other interactions with Sourcegraph, even if Sourcegraph or a Sourcegraph authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Sourcegraph's liability will be limited to the fullest extent permitted by applicable law. - -12.2 In no event will Sourcegraph's or its affiliates', contractors', employees', agents', or third-party partners', licensors', or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Software, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Software during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim or one hundred dollars, whichever is greater. - -12.3 You acknowledge and agree that Sourcegraph has offered its products and services, set its prices, and entered into these terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Sourcegraph. - -

**13. INDEMNIFICATION** - -**Short version:** You are responsible for your use of the service. - -13.1 You agree to defend, indemnify and hold harmless Sourcegraph and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Software, including any data or work transmitted or received by you; (b) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Data or any other data that are submitted via your account; or (f) any other party's access and use of the Software with your unique username, password or other appropriate security code. Sourcegraph will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Sourcegraph. Sourcegraph will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. - -

**14. LOCATION OF THE SOFTWARE; EXPORT CONTROLS** - -**Short version:** You are responsible for compliance with your local laws. You may not use Sourcegraph in an embargoed county. - -14.1 The hosted version of the Software is controlled and operated from our facilities in the United States. Sourcegraph makes no representations that the Software is appropriate or available for use in other locations. Those who access or use the Software from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. You may not use the Software if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Software are solely directed to individuals, companies, or other entities located in the U.S. By using the Software, you are consenting to have your personal data transferred to and processed in the United States. - -14.2 The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and you agree to comply with all export laws and other applicable laws. - -

**15. GOVERNING LAW; ARBITRATION; AND CLASS ACTION/JURY TRIAL WAIVER** - -15.1 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable. - -15.2 Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Sourcegraph. For any dispute with Sourcegraph, you agree to first contact us at support@sourcegraph.com and attempt to resolve the dispute with us informally. In the unlikely event that Sourcegraph has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Sourcegraph agree otherwise. If you are using the Software for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Sourcegraph from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights. - -15.3 Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Software for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these Terms, you and Sourcegraph are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. - -

**16. MISCELLANEOUS** - -16.1 Notice and Modifications. Sourcegraph may provide you with notices, including those regarding changes to Sourcegraph's terms and conditions, by email, regular mail, or postings on the Software. Notice will be deemed given twenty-four hours after email is sent, unless Sourcegraph is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Software. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Software is deemed given five (5) days following the initial posting. Sourcegraph reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Sourcegraph is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Sourcegraph may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Software after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Software. - -16.2 U.S. Government End Users. The Software was developed by private financing and constitutes a "Commercial Item," as that term is defined at 48 C.F.R. §2.101. The Software consists of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government End Users acquire only those rights in the Software and the Documentation that are specifically provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government End Users acquire only technical data and the rights in that data customarily as specifically provided in this Agreement. - -16.3 Waiver. The failure of Sourcegraph to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sourcegraph. - -16.4 Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions; except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. - -16.5 Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sourcegraph without restriction. - -16.6 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 3 and 8 through 16. - -16.7 Headings. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. - -16.8 Entire Agreement. This, including the agreements incorporated by reference, constitutes the entire agreement between you and Sourcegraph relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Sourcegraph as set forth in these Terms. - -16.9 Claims. To the extent permissible under applicable law, you and Sourcegraph agree that any cause of action you may have arising out of or related to the Software must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. - -16.10 Disclosures. The Software is offered by Sourcegraph, Inc., located at 142 Minna St, 2nd Floor, San Francisco, CA 94105, and can be reached via email at support@sourcegraph.com or telephone at (650) 318-3480. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. - -

**ACKNOWLEDGMENTS** - -Thank you to GitHub for setting a strong example in making their own Terms of Service readable, and for open sourcing their Terms, Privacy Policy, and more. +[Privacy Policy](/privacy)