From b7e029c2c3446bed8c4a0e5444446db7e82410f8 Mon Sep 17 00:00:00 2001 From: Dan Adler Date: Tue, 12 Mar 2019 11:28:17 -0700 Subject: [PATCH 1/8] WIP --- docs/privacy.md | 146 ++++++++++++------ docs/terms-dotcom.md | 335 ++++++++++++++++++++++++++++++++++++++++++ docs/terms-gov.md | 0 docs/terms-private.md | 318 +++++++++++++++++++++++++++++++++++++++ docs/terms.md | 172 ++-------------------- 5 files changed, 768 insertions(+), 203 deletions(-) create mode 100644 docs/terms-dotcom.md create mode 100644 docs/terms-gov.md create mode 100644 docs/terms-private.md diff --git a/docs/privacy.md b/docs/privacy.md index 005c87b35c2..df22a24576a 100644 --- a/docs/privacy.md +++ b/docs/privacy.md @@ -4,41 +4,65 @@ title: Sourcegraph Privacy Policy permalink: privacy --- -Last modified: May 25, 2018 +Last modified: Mar _, 2019 -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"**), as well as users of our private or self-hosted Sourcegraph instances (collectively with our Website, 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. 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 types of 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 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, submit a feedback survey, 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. + +We use this information to operate, maintain, and provide to you the features of the Services. 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 Services. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Services, 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 + + + +### Usage information from private or self-hosted Sourcegraph instances -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. +Sourcegraph collects aggregate and high-level information about usage from self-hosted Sourcegraph instances 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. -**HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION** +
For more information about the specific information we have access to, see our server pings documentation. Customers can contact Sourcegraph at support@sourcegraph.com to opt out of server pings.
-**Information from Sourcegraph.com visitors** +The only personal information collected is the email address of 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 such private content is sent to Sourcegraph. -We and our third party partners may automatically collect certain types of usage information when you visit or use our Website. +### Information from Sourcegraph.com visitors -- 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 and our third-party partners may automatically collect certain types of usage information when you visit or use our Website. + +- **Cookies**. 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. + +- **Log file information**. 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. + +- **Email beacons**. 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. + +- **Web analytics**. 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. -We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: +We may use the data collected through cookies, log file, device identifiers, location data, and clear gifs information to: 1. remember information so that you will not have to re-enter it during your visit or the next time you visit the site; 1. provide custom, personalized content and information; @@ -47,49 +71,59 @@ We may use the data collected through cookies, log file, device identifiers, loc 1. diagnose or fix technology problems; and 1. otherwise to plan for and enhance our service +### Third-party services and data processors + We use third-party automated devices and applications, such as Google Analytics, to evaluate usage of our Website. Google Analytics is a Web-based analysis tool provided by the Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google provides further information about its own privacy practices and offers a browser add-on to opt out of Google Analytics tracking at https://tools.google.com/dlpage/gaoptout. We use Telligent Data, located at 180 Sansome Street, San Francisco, CA 94104, USA, as a subprocessor to receive and store data collected on our Website. Telligent Data provides a data pipeline management service, and provides further information about its own privacy practices at https://telligentdata.com/privacy-policy.html We use third-party applications such as Google Apps, HubSpot, Intercom, GitHub, Slack, DocuSign, and more to track and manage conversations, chats, or email exchanges with our users and customers. These products and companies provide further information about their own privacy practices on their websites. -We use third-party applications such as Google Cloud Platform, Honeycomb, LightStep, LogDNA, and more to host, serve, store, and analyze our Website's operational infrastructure and operational data collected on our Website. These products and companies provide further information about their own privacy practices on their websites. +We use third-party applications such as Google Cloud Platform, Honeycomb, and more to host, serve, store, and analyze our Website's operational infrastructure and operational data collected on our Website. These products and companies provide further information about their own privacy practices on their websites. -We use third-party applications such as Stripe to manage corporate billing. These companies provide further information about their own privacy practices on their websites. +We use third-party applications such as Stripe and Xero to manage corporate billing and invoicing. These companies provide further information about their own privacy practices on their websites. -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. +While we advertise on some ad platforms (such as Google Ads, Twitter, and Carbon Ads), we don't share any user personal information with third-party services, such as ad networks, for the purpose of advertising to you. -**Usage information from self-hosted Sourcegraph instances** + -Sourcegraph collects information about usage from each self-hosted Sourcegraph instance (Server and cluster 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. +## Bases for processing your information -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. + -**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 Website to purchase Sourcegraph product subscriptions or services, create a profile, post and comment through our Website, or request information through our Website, we will use your information to carry out our obligation to complete and administer that contract or request. -**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. - -**Legitimate interests:** We use your information for our legitimate interests, such as to provide you with the best content through our Service and communications with users and the public, to improve and promote our products and services, and for administrative, security, fraud prevention and legal purposes. +**Legitimate interests:** We use your information for our legitimate interests, such as to provide you with the best content through our Service and communications with users and the public, to improve and promote our products and services, and for administrative, security, fraud prevention, and legal purposes. **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: - Other companies owned by or under common ownership with Sourcegraph. These companies will use your personal information in the same way as we can under this Privacy Policy; + - Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include data hosting, billing, payment processing, or providing analytic services; -- Our business partners who offer a service to you jointly with us, or who partner with us to provide services to you. Such partners will be identified to you when we are collecting your personal information; -- Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and + +- Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control, or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and + - Third parties as required by law or subpoena or to if we reasonably believe that such action is necessary to (a) comply with the law, legal process and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Sourcegraph, our Users, or others. We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated or pseudonymized data with third parties. -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. +Any information or content that you voluntarily disclose for posting to the Website becomes available to the public, as controlled by any applicable privacy settings. If you remove information or content that you posted to the Website, copies may remain viewable in cached and archived pages of the Website, 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 +149,13 @@ 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 +165,52 @@ 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** + + +## Usage 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. + -**CHILDREN'S PRIVACY** +Sourcegraph's collection, storage, and use of Usage Data, and our responsibilities with respect to such Usage Data, are set forth in our Terms of Service and are not covered by this Privacy Policy. + + + +## 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..0ee06fbcee2 --- /dev/null +++ b/docs/terms-dotcom.md @@ -0,0 +1,335 @@ +--- +layout: markdown +title: Terms of Service for Sourcegraph.com +permalink: terms-dotcom +--- + +Last Modified: March __, 2019 + +Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of the applications, software, products, and services we make available at Sourcegraph.com. + +
+ + + +## Is this the right Terms of Service for me? + + + +Are you interested in terms for... + +* **Sourcegraph.com**: You're in the right place! Read on. + +* **[A private or self-hosted Sourcegraph instance](https://about.sourcegraph.com/terms-private)**: If you’d like to use a private or self-hosted Sourcegraph instance (e.g. one deployed via the `docker run` command in our [Quickstart](https://docs.sourcegraph.com)) to search, navigate, and analyze your private code, rather than the public Sourcegraph.com instance, or if you’d like to use any products (e.g. browser or editor extensions) developed and distributed by us for use with your private or self-hosted instance, please see our terms and conditions at https://about.sourcegraph.com/terms-private. + +* **[Sourcegraph OSS](https://github.com/sourcegraph/sourcegraph/blob/master/LICENSE.apache)**: It is possible to run a version of Sourcegraph without some Enterprise features from our open source code available at https://github.com/sourcegraph/sourcegraph. If you want to follow the instructions there to build and run Sourcegraph OSS from source, please see the open source license (Apache 2.0) at https://github.com/sourcegraph/sourcegraph/blob/master/LICENSE.apache. + +* **Enterprise**: If you’re an enterprise customer, please see the written agreement we executed with you, if any, for the applicable terms and conditions. + +* **Sourcegraph extensions**: If you’d like to use any extensions made available via our [Extension Registry](https://sourcegraph.com/extensions), please understand that extensions made available by third-parties are not provided by us and are generally governed by separate terms and conditions. Extensions that are developed and distributed by us are governed by these terms and conditions. + +* **[Government](https://about.sourcegraph.com/terms-gov)**: Certain features of our software may have their own terms and conditions that you must agree to when you sign up for that particular feature. As an example, if you’re using our software as an employee or contractor of the U.S. Government, our Supplemental Terms for U.S. Government Users at https://about.sourcegraph.com/terms-gov apply. Those terms and conditions supplement these terms and conditions.
+ +PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOUR UNDERSTANDING OF EACH PROVISION. THE 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. + + + +## 0. Table of contents + + + +|Section|Description| +|-|-| +|1. [Definitions](#1-definitions)|Definitions of specific terms used on this page| +|2. [Account terms](#2-account-terms)|Your responsibilities to use Sourcegraph.com| +|3. [Proprietary rights and licenses](#3-proprietary-rights-and-licenses)|Your rights and ours when you use Sourcegraph.com| +|4. [Usage data](#4-usage-data)|Data we collect on Sourcegraph.com| +|5. [Privacy and security](#5-privacy-and-security)|Our policies for protecting your data| +|6. [Termination](#6-termination)|When and how your account can be terminated| +|7. [No fees](#7-no-fees)|Sourcegraph.com is free| +|8. [Third party services and software](#8-third-party-services-and-software)|Our use of third party services and software| +|9. [Copyright infringement and DMCA policy](#9-copyright-infringement-and-DMCA-policy)|How we handle IP infringment| +|10. [No warranties; disclaimer](#10-no-warranties-disclaimer)|We make no warranties about Sourcegraph.com| +|11. [Limitation of liability](#11-limitation-of-liability)|Our liabilities are limited| +|12. [Indemnification](#12-indemnification)|Your usage of Sourcegraph.com is at your own risk| +|13. [Location of the Services; export controls](#13-location-of-the-services-export-controls)|Usage restrictions in embargoed locations| +|14. [Governing law; arbitration; and class action/jury trial waiver](#14-governing-law-arbitration-and-class-actionjury-trial-waiver)|Where and how disputes would be handled| +|15. [Miscellaneous](#15-miscellaneous)|Miscellaneous topics| + +
+ + +## 1. Definitions + + + +As used on this page, the following terms have the following specific meanings: + +1.1 **“Account”** means the account you’ve created via the Site in order to use the Services. + +1.2 **“Agreement”** means, collectively, the terms and conditions laid out on this page (these “Terms”), and all other applicable rules, policies, and procedures that we may publish from time to time on the Site, including but not limited to our [Privacy Policy](/privacy). + +1.3 **“Content”** means any content displayed on the Site or made available through the Services, including but not limited to text (including Documentation), data (including Public Code Data), articles, images, photographs, videos, applications, software (including source code), and other materials, as well as the Services themselves (with respect to us). + +1.4 **“Documentation”** means the documentation regarding the Services that we make available for use at https://docs.sourcegraph.com. + +1.5 **“Public Code”** means the publicly available open source code that we analyze in order to provide you Public Code Data via the Services. + +1.6 **“Public Code Data”** means the results of our analysis of Public Code, which we may provide to you from time to time via the Services. + +1.7 **“Services”** means, collectively, the applications, software, products, and services provided by us on or for use exclusively in connection with the Site, including but not limited to our browser and editor extensions (to the extent exclusively connected to the Site and not a self-hosted instance). + +1.8 **“Site”** means our website located at sourcegraph.com, and all content, services, and products provided by us at or through the Site (or any subdomain or successor site). + +1.9 **“Sourcegraph”**, **“we”**, or **“us”** refers to Sourcegraph, Inc., as well as its affiliates. + +1.10 **“You”** refers to the individual person, company, or organization that has visited or is using the Site or Services, that accesses an Account, or that directs the use of the Account. If you’re entering into the Agreement on behalf of your company or organization (your **“Organization”**), you represent and warrant that you’re authorized to bind that company or organization to the Agreement and that you’ve read, understood, and agree to be bound by the Agreement on that company or organization’s behalf. + + + +## 2. Account terms + + + +**Short version**: You – or the organization you work for – is responsible for your instance and its security, as well as everything posted on it. You must be 18 or over to use our services. + +2.1 **Account Responsibility and Security.** + +1. **Generally**. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control of all Accounts tied to the Organization. Only you may use your Account, and a single Account may not be shared by multiple people. You are, or your Organization is, fully responsible for your Account and all Content posted under it. + +2. **Age Limitation**. In order to create an Account or use our Services, you must be at least eighteen (18) years old and, in any event, we do not permit any users under thirteen (13) years old to use our Services for any purpose. If we discover that an Account is being used by a user under thirteen (13) years old, we will terminate that Account immediately without notice to you. + +3. **Security**. You’re responsible for the security of your Account when using our Services. While we may offer tools to help you maintain your Account’s security, these are not guaranteed to work. Accordingly: + + (i) you’re responsible for all Content posted under your Account (even if you didn’t post it); + + (ii) you’re responsible for maintaining the security of your Account and password and we have no liability of any kind for any loss or damage from your failure to secure them; and + + (iii) you must notify us immediately on becoming aware of any unauthorized use of or access to the Services through your Account. + +2.2 **Required Information**. In order to register for an Account, you must provide all of the information we request during the onboarding process. We may use that information in accordance with our [Privacy Policy](/privacy). + + + +## 3. Proprietary rights and licenses + + + +**Short version**: You’re allowed to use the services for any reasonable purpose (e.g. don’t use it to host illegal content). Because the services are made available on a hosted basis, we – like most sites – will collect data about your use of the services (e.g., click rates and other metadata) and can use it to run our business. If you give us a great idea about how to improve our services, we can use it. + +3.1 **License from Us to You**. + +1. **Grant**. Subject to the terms and conditions of the Agreement, we hereby grant to you a limited, revocable, non-transferable, non-sublicensable (except, with respect to Organizations, to your employees and contractors performing services for you or on your behalf) license to access and use the Services in order to review Public Code Data in the manner contemplated by the Agreement and the Documentation, solely for your internal business purposes. You may only use the Documentation to support your use of the Services. All rights in the Services and Public Code Data not expressly granted herein are hereby reserved by us. + +2. **Restrictions**. You may not, and may not permit any third-party to redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to all or any part of the Services or Public Code Data without our prior written approval. + +3.2 **License Grant from You to Us**. + +1. **User-Generated Content**. Some areas of the Services allow users to post Content such as profile information, comments, reviews, etc. (**“User-Generated Content”** or **“UGC”**) (for clarity, this does not include Public Code that comes from a public code host). WE CLAIM NO OWNERSHIP OF YOUR UGC. However, you understand that other users may view and interact with your UGC in accordance with your Account settings, and you grant us rights reasonably necessary to do so. We have the right (but not the obligation) to remove any UGC at any time and for any reason. + +2. **Grant**. By posting UGC on or through the Services, you grant (and you represent and warrant that you have all rights necessary to grant) to Sourcegraph a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, and publish all such UGC via the Services (including your name, voice, and/or likeness as contained in your UGC), including for marketing and promotion. + +3. **Representations and Warranties Regarding UGC**. In connection with your UGC, you represent, warrant, and covenant that you have the right to post it, including written consent from anyone referenced or involved, it doesn’t violate any laws (such as IP or privacy rights), and we won’t have to pay anybody else (including you) in order to host it and make it available to other users. + +4. **Responsibility for UGC**. We take no responsibility and assume no liability for any UGC that you or any other user or third-party posts. You’re solely responsible for your UGC and the consequences of posting it, and you agree that we’re only acting as a passive conduit for your online distribution and publication of your UGC. You understand and agree that you may be exposed to UGC that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and we’re not liable for any damages you allege to incur as a result. + +3.3 **Ownership of the Services**. The Services are owned and operated by Sourcegraph. All Content made available via the Services is owned by us or our licensors (including you, with respect to UGC) and is protected by intellectual property and other applicable laws. All of our trademarks, service marks, and trade names are proprietary to us or our affiliates. + +3.4 **Ideas**. You may submit comments or ideas about the Services, such as how to improve it. By submitting a comment or idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the comment or idea without any additional compensation to you. By acceptance of your submission, we do not waive any rights to use similar ideas we already had or obtained from other sources. + +3.5 **Extensions**. As described above, certain features of the Services may allow you to download software packages from the Extension Registry. These packages may be offered by us or by third-party providers. Packages made available by third-party providers are subject to separate terms and conditions and are not governed by these Terms. + + + +## 4. Usage data + + + +**Short version**: We have the right to collect usage data from Sourcegraph.com, as described in our [Privacy Policy](/privacy). + +In the course of your use of the Services, we may collect certain information about your use, including aggregated data derived from you and other users’ access and use of the Services (**“Usage Data”**). You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products and services. + +If we share or publicly disclose any information constituting or derived from Usage Data (e.g., in marketing materials), we will aggregate or anonymize that information to avoid identifying you or any other individual. + + + +## 5. Privacy and security + + + +**Short version**: Our privacy policy tells you what you need to know about how we use any personal information you provide to us. The internet is a dangerous place and, while we’ve instituted safeguards to protect your information, you understand that data breaches happen and we can’t guarantee perfect security. + +User privacy is important to us. Please read our [Privacy Policy](/privacy) carefully for details relating to how we collect, use, and disclose personal information you provide to us. + +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 provide any sensitive information to us at your own risk. + + + +## 6. Termination + + + +**Short version**: We can shut off the services or discontinue your access for any reason at any time. + +You agree that we, in our sole discretion and for any or no reason, may terminate any Account (or any part of any Account) you may have. In addition, we reserve the right to discontinue any aspect of the Services 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 Services or your Account may happen without prior notice, and you agree that we will not be liable for such termination. + +Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. + + + +## 7. No fees + + + +**Short version**: The services are free. + +The Services made available via the Site are provided to you at no charge, subject to the terms and conditions of the Agreement. As a result, we have no obligation to provide any of the Services to you unless we otherwise agreed in writing. + + + +## 8. Third party services and software + + + +**Short version**: Third party services and software may be necessary for Sourcegraph.com to work (examples include libraries Sourcegraph uses internally, code hosts, authentication providers, external code analyzers, monitoring and tracing tools, etc.). We’re not responsible for anything provided by a third party, and additional terms and conditions may apply. + +The Services may call the servers of other websites or services (**“Third Party Services”**) in order to help you analyze Your Code. We make no warranties of any kind with regard to anything that is contained on or accessible through them. Access and use of Third Party Services is solely at your own risk. + +The Services may contain copyrighted software of our licensors (**“Third Party Software”**). The licensors retain all right, title, and interest in and to such Third Party Software and all copies thereof. Your use of any Third Party Software is subject to the terms and conditions of this Agreement, and any other terms and conditions in any Third Party Software documentation or printed materials (including EULAs). + +If there’s ever a conflict between the terms of this Agreement and the terms applicable to any Third Party Software, and the conflict relates to the use of that Third Party Software, their terms and conditions will govern the conflict. + + + +## 9. Copyright infringement and DMCA policy + + + +**Short version**: If you think we (or a user of the services) is infringing your copyrights, let us know and we’ll handle it in compliance with law. + +If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: + +1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; +2. Identification of the copyrighted work that you claim has been infringed; +3. Identification of the material that is claimed to be infringing and where it is located on the Service; +4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address; +5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and +6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. + +The above information must be submitted to the following DMCA Agent: + +``` +Attn: DMCA Notice + Sourcegraph Inc. +Address: 142 Minna St. + 2nd Floor +Tel. (650) 318-3480 +Email: legal@sourcegraph.com +``` + +UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. + +Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. + +In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. + + + +## 10. No warranties; disclaimer + + + +**Short version**: The services and public code data are provided “as is” with no guarantees of any kind (unless applicable law provides you additional mandatory rights). Please read this section carefully. + +THE SERVICES AND PUBLIC CODE DATA, AND ANY OTHER SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES MADE AVAILABLE ON OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOURCEGRAPH DISCLAIMS, ON BEHALF OF ITSELF AND ITS LICENSORS, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT THE SERVICES OR PUBLIC CODE DATA OR ANY PART THEREOF (OR YOUR ACCESS THERETO) WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. + +CERTAIN JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW. + + + +## 11. Limitation of liability + + + +**Short version**: Our liability is limited to direct damages wherever possible, and to no more than $100 or the amount you paid us for access to the services. Please read this section carefully. + +UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS) 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 SERVICES, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE 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, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. + +IN NO EVENT WILL OUR (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS’) 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 SERVICES, 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 SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. + +You acknowledge and agree that we have offered our products and services, set our prices, and entered into the Agreement 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 us. + + + +## 12. Indemnification + + + +**Short version**: The services and public code data are provided at your own risk. + +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: + +1. your use of and access to the Services, including any data or work transmitted or received by you; +2. your violation of any term of the Agreement, including without limitation, your breach of any of the representations and warranties above; +3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; +4. your violation of any law, rule or regulation of the United States or any other country; +5. any claim or damages that arise as a result of your use of the Public Code Data or any Content submitted via your account (including UGC); or +6. any other party's access and use of the Services with your unique username, password or other appropriate security code. We will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by us. We will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. + + + +## 13. Location of the Services; export controls + + + +**Short version**: The services are located in the US (where we’re located). Don’t use them if you’re located in an embargoed country. + +13.1 **Location of the Services**. The Services are controlled and operated from our facilities in the United States. We make no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services 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 Services 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 Services are solely directed to individuals, companies, or other entities located in the U.S. By using the Services, you are consenting to have your personal data transferred to and processed in the United States. + +13.2 **Export Controls**. The Services 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 Services, 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. + + + +## 14. Governing law; arbitration; and class action/jury trial waiver + + + +**Short version**: We’re based in California, so the agreement is governed by California law, and all disputes must be brought there. If you have a claim against us, you’ll work with us to arbitrate it on an individual basis instead of via class action or jury trial. + +14.1 **Governing Law**. The 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. + +14.2 **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 us. For any dispute with us, you agree to first contact us at support@sourcegraph.com and attempt to resolve the dispute with us informally. In the unlikely event that we have 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 the Agreement, or the breach or alleged breach thereof, 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 we agree otherwise. If you are using the Services 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 us 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. + +14.3 **Class Action/Jury Trial Waiver**. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES 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 THE AGREEMENT, WE 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. + + + +## 15. Miscellaneous + + + +15.1 **Notices and Electronic Communications**. We may provide you with (and you hereby consent to our provision of) notices, including those regarding changes to our terms and conditions, by email, regular mail, or postings on the Services. Notice will be deemed given twenty-four hours after email is sent, unless we’re 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 Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Services is deemed given five (5) days following the initial posting. We reserve 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 the Agreement. We are 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. + +15.2 **Updates and Modifications**. We may, in our sole discretion, modify or update the Agreement (or any part thereof, including these Terms) from time to time, so you should review this page periodically. When we change the Agreement (or any part thereof, including these Terms) 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 Services 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 Services. + +15.3 **U.S. Government End Users**. The Services were developed by private financing and constitute a "Commercial Item," as that term is defined at 48 C.F.R. § 2.101. The Services and Documentation consist 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 Services 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. + +15.4 **Waiver**. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by us. + +15.5 **Severability**. If any provision of the Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Agreement 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. + +15.6 **Assignment**. The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. + +15.7 **Survival**. Upon termination of the Agreement, any provision which, by its nature or express terms should survive, shall survive such termination or expiration. + +15.8 **Headings**. The heading references herein are for convenience only, do not constitute a part of the Agreement, and will not be deemed to limit or affect any of the provisions hereof. + +15.9 **Entire Agreement**. This, including the agreements incorporated by reference, constitutes the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by us as set forth in the Agreement. + +15.10 **Claims**. To the extent permissible under applicable law, you and we agree that any cause of action you may have arising out of or related to the Services or Public Code Data must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. + +15.11 **Disclosures**. The Services are 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. diff --git a/docs/terms-gov.md b/docs/terms-gov.md new file mode 100644 index 00000000000..e69de29bb2d diff --git a/docs/terms-private.md b/docs/terms-private.md new file mode 100644 index 00000000000..5002f2c9782 --- /dev/null +++ b/docs/terms-private.md @@ -0,0 +1,318 @@ +--- +layout: markdown +title: Terms of Service for Private and Self-hosted Sourcegraph Instances +permalink: terms-private +--- + +Last Modified: March __, 2019 + +Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of software, products, and services we make available at Sourcegraph.com. + +
+ + + +## Is this the right Terms of Service for me? + + + +Are you interested in terms for... + +* **A private or self-hosted Sourcegraph instance**: You're in the right place! Read on. + +* **[Sourcegraph.com](https://about.sourcegraph.com/terms-dotcom)**: If you’d like to use Sourcegraph.com (the public Sourcegraph instance that can be used to search, navigate, and analyze public code) rather than a private or self-hosted instance, or if you’d like to use any products (e.g. browser or editor extensions) developed and distributed by us for use with sourcegraph.com, please see our Sourcegraph.com terms and conditions at https://about.sourcegraph.com/terms-dotcom. + +* **[Sourcegraph OSS](https://github.com/sourcegraph/sourcegraph/blob/master/LICENSE.apache)**: It is possible to run a version of Sourcegraph without some Enterprise features from our open source code available at https://github.com/sourcegraph/sourcegraph. If you want to follow the instructions there to build and run Sourcegraph OSS from source, please see the open source license (Apache 2.0) at https://github.com/sourcegraph/sourcegraph/blob/master/LICENSE.apache. + +* **Enterprise**: If you’re an enterprise customer, please see the written agreement we executed with you, if any, for the applicable terms and conditions. + +* **Sourcegraph extensions**: If you’d like to use any extensions made available via our [Extension Registry](https://sourcegraph.com/extensions), please understand that extensions made available by third-parties are not provided by us and are generally governed by separate terms and conditions. Extensions that are developed and distributed by us are governed by these terms and conditions. + +* **[Government](https://about.sourcegraph.com/terms-gov)**: Certain features of our software may have their own terms and conditions that you must agree to when you sign up for that particular feature. As an example, if you’re using our software as an employee or contractor of the U.S. Government, our Supplemental Terms for U.S. Government Users at https://about.sourcegraph.com/terms-gov apply. Those terms and conditions supplement these terms and conditions.
+ +PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOUR UNDERSTANDING OF EACH PROVISION. THE 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. + + + +## 0. Table of contents + + + +|Section|Description| +|-|-| +|1. [Definitions](#1-definitions)|Definitions of specific terms used on this page| +|2. [Account terms](#2-account-terms)|Your responsibilities to use Sourcegraph| +|3. [Acceptable use](#3-acceptable-use)|Acceptable use of Sourcegraph| +|4. [Usage data](#4-usage-data)|Aggregate and high-level data we collect from private and self-hosted Sourcegraph instances| +|5. [Data protection](#5-data-protection)|Our policies for protecting your data| +|6. [Confidentiality](#6-confidentiality)|Our mutual responsibilities to protect confidential data| +|7. [Term; termination](#7-term-termination)|When and how your account can be terminated| +|8. [Fees](#8-fees)|Rules for payment for paid and Enterprise features| +|9. [Third party services and software](#8-third-party-services-and-software)|Our use of third party services and software| +|10. [No warranties; disclaimer](#10-no-warranties-disclaimer)|We make no warranties about Sourcegraph| +|11. [Limitation of liability](#11-limitation-of-liability)|Our liabilities are limited| +|12. [Indemnification](#12-indemnification)|Your usage of Sourcegraph is at your own risk| +|13. [Export controls](#13-export-controls)|Usage restrictions in embargoed locations| +|14. [Governing law; arbitration; and class action/jury trial waiver](#14-governing-law-arbitration-and-class-actionjury-trial-waiver)|Where and how disputes would be handled| +|15. [Miscellaneous](#15-miscellaneous)|Miscellaneous topics| + +
+ + +## 1. Definitions + + + +As used on this page, the following terms have the following specific meanings: + +1.1 **“Agreement”** means, collectively, the terms and conditions laid out on this page (these **“Terms”**), and all other applicable rules, policies, and procedures that we may publish from time to time on the Site, including but not limited to our [Privacy Policy](/privacy). + +1.2 **“Content”** means any content made available through the Software, including but not limited to text (including Documentation), data, articles, images, photographs, videos, applications, software (including source code), and other materials, as well as the Software itself (with respect to us). + +1.3 **“Documentation”** means the documentation regarding the Software that we make available for use at https://docs.sourcegraph.com. + +1.4 **“Instance”** means the private instance of the Software that you create or use in order to analyze Your Code. + +1.5 **“Site”** means our website located at sourcegraph.com, and all content, services, and products provided by us at or through the Site (or any subdomain or successor site). + +1.6 **“Software”** means, collectively, the software provided by us for download via the Site and for installation on your equipment, including but not limited to the self-hosted or privately hosted Sourcegraph software and our browser and editor extensions (to the extent exclusively connected to a self-hosted or privately-hosted instance). + +1.7 **“Sourcegraph”**, **“we”**, or **“us”** refers to Sourcegraph, Inc., as well as its affiliates. + +1.8 **“You”** refers to the individual person, company, or organization that has visited or is using the Software, that accesses an Instance, or that directs the use of the Instance. If you’re entering into the Agreement on behalf of your company or organization (your **“Organization”**), you represent and warrant that you’re authorized to bind that company or organization to the Agreement and that you’ve read, understood, and agree to be bound by the Agreement on that company or organization’s behalf. + +1.9 **“Your Code”** means the source code and all source code metadata (e.g. version control system (VCS) data) that you analyze via the Software. + + + +## 2. Account terms + + + +**Short version**: You – or the organization you work for – is responsible for your instance and its security, as well as everything posted on it. You must be 18 or over to use our services. + +2.1 **Account Responsibility and Security.** + +1. **Generally**. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control of all Instances tied to the Organization. You are or your Organization is fully responsible for your Instance and all Content posted under it. + +2. **Age Limitation**. In order to create an Instance, you must be at least eighteen (18) years old and we do not permit any users under thirteen (13) years old to use our Software for any purpose. If we discover that an Instance is being used by a user under thirteen (13) years old, we will notify you that the Instance must immediately be shut down. + +3. **Security**. You’re responsible for the security of your Instance when using our Software. While we may offer tools to help you maintain your Instance’s security, these are not guaranteed to work. You’re responsible for all Content posted on your Instance under your user account, even if you didn’t post it. We have no liability of any kind for any loss or damage from your failure to secure your Instance. + + + +## 3. Acceptable use + + + +**Short version**: You’re allowed to use Sourcegraph for any reasonable purposes (e.g., don’t try to re-sell it, don’t violate your license, etc.). If you post any comments or other content, you’re responsible for it, and we have the right to display it to other users per your settings. If you give us a great idea about how to improve our services, we can use it. + +3.1 **License from Us to You**. The source code for our Software is publicly available at https://github.com/sourcegraph. Your rights to access and use that code is covered by the software license in that repository. + +3.2 **Restrictions**. You may not, and may not permit any third-party to: + +1. redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to all or any part of the Software; + +2. permit a number of users of the Software more than permitted by us; or + +3. use the Software to analyze any source code or other Content that is not Your Code. + +3.3 **Ownership of the Software**. The Software is owned and operated by Sourcegraph. All Content made available via the Software is owned by us or our licensors and is protected by intellectual property and other applicable laws. All of our trademarks, service marks, and trade names are proprietary to us or our affiliates. + +3.4 **Ideas**. You may submit comments or ideas about the Software, such as how to improve it. By submitting a comment or idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the comment or idea without any additional compensation to you. By acceptance of your submission, we do not waive any rights to use similar ideas we already had or obtained from other sources. + +3.5 **Extensions**. As described above, certain features of the Software may allow you to download software packages from the Extension Registry. These packages may be offered by us or by third-party providers. Packages made available by third-party providers are subject to separate terms and conditions and are not governed by these Terms. + + + +## 4. Usage data + + + +**Short version**: We have the right to collect aggregate and high-level data from private Sourcegraph instances, as described in our [Privacy Policy](/privacy) and specifically listed in our [product documentation](https://docs.sourcegraph.com). + +We may collect data derived from your use of the Software (**“Usage Data”**). A specific list of Usage Data that we receive from self-hosted and private instances is always available in our [Documentation](https://dosc.sourcegraph.com) and in the site-admin area on your Instance. You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products. + +If we share or publicly disclose any information constituting or derived from Usage Data (e.g., in marketing materials), we will aggregate or anonymize that information to avoid identification. + + + +## 5. Data protection + + + +**Short version**: Our privacy policy tells you what you need to know about how we use any personal information you provide to us. The internet is a dangerous place and, while we’ve instituted safeguards to protect your information, you understand that data breaches happen and we can’t guarantee perfect security. + +Data security and user privacy are very, VERY important to us. Please read our [Privacy Policy](/privacy) carefully for details relating to how we collect, use, and disclose personal information you provide to us in connection with your use of the Software. + +We have implemented, and the Software contains, commercially reasonable technical and organizational measures designed to secure Your Code and any other information you provide that is stored on your Instance (which we do not have access to), and any information that we do have access to (such as support emails you send to us, Usage Data, etc.), 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 store sensitive information on your Instance, or provide any sensitive information to us at your own risk. + + + +## 6. Confidentiality + + + +**Short version**: You and we will each protect the other party’s confidential information. + +6.1 **Definition**. **"Confidential Information"** means all non-public information disclosed by us to you, or vice-versa, that is designated by the discloser as confidential or that reasonably should be considered confidential given the nature of the information or circumstances of its disclosure. + +6.2 **Exclusions.** Confidential Information does not include any information that + +1. was or becomes publicly known through no fault of the receiving party; + +2. was rightfully known or becomes rightfully known to the receiving party without confidential restriction from a third-party that has a right to disclose it; + +3. is approved by the disclosing party for disclosure without restriction in a written document or electronic record; or + +4. the receiving party independently develops without access to or use of the other party's Confidential Information. + +6.3 **Restrictions on Use and Disclosure**. Neither party will use the other party's Confidential Information except as permitted under this Agreement. Each party agrees to maintain in confidence and protect the other party's Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in any event at least a reasonable degree of care. Each party agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other party's Confidential Information, including, without limitation, disclosing such Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, **"Representatives"**) who (i) have a need to know such information, and (ii) are subject to confidentiality obligations at least as protective of the Confidential Information as the terms of this Agreement. Each party is responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party if required by any governmental body, so long as, to the extent allowed under applicable law, the party required to make the disclosure gives reasonable notice to the other party to enable it to contest the requirement. The restrictions set forth in this Section will survive the termination or expiration of this Agreement. + + + +## 7. Term; Termination + + + +**Short version**: You may shut down your instance any time. We may terminate the agreement at any time, at which point your right to use the software will immediately expire. + +7.1 **Subscription Period**. This Agreement starts on the earlier of the date on which you: (a) agree to the terms and conditions of this Agreement; or (b) first set up an Instance and will continue in effect until either you or we terminate it (the **“Subscription Period”**). + +7.2 **Termination for Convenience**. Either party may terminate this Agreement, for any reason or for no reason. + +7.3 **Effect of Termination; Survival**. Upon termination of this Agreement, you may no longer use the Software, and if any fees were owed prior to termination, you must pay those fees immediately. Any provisions of this Agreement that, by their terms or their nature, should survive the termination of this Agreement shall so survive. For purposes of clarity, your right to use the Software will not survive any termination of this Agreement. + + + +## 8. Fees + + + +**Short version**: You’re responsible for any fees associated with your use of Sourcegraph. Pricing can change at any time, but you will receive notice at least seven days in advance. Your subscription will automatically renew. + +8.1 **Pricing**. You are responsible for paying any applicable fees as set forth on our [Pricing and Payment Terms](/pricing) and applicable taxes associated with the Software in a timely manner with a valid payment method. You agree that we may charge for any such fees owed. You are required to keep your billing information current. + +8.2 **Term**. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preference. 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. + +8.3 **Responsibility for Charges**. You are responsible for all charges incurred by usage of your Instance (whether made by you or anyone who may use your Instance, such as 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. 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. + +8.4 **No Refunds**. All fees and charges are earned upon receipt by us and are nonrefundable unless negotiated otherwise, except (a) as expressly set forth herein, and/or (b) as required by applicable law. + +8.5 **Price Changes**. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Software, and to institute new fees, charges, or terms effective upon prior notice. 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 subscription will constitute acceptance of such fee change. + +8.6 **Renewals**. Your subscription will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you every month, year, or other period you subscribed to. 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. + +8.7 **Cancellation**. 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 current term of your subscription. + + + + +## 9. Third party services and software + + + +**Short version**: Third party services and software may be necessary for Sourcegraph to work (examples include libraries Sourcegraph uses internally, code hosts, authentication providers, external code analyzers, monitoring and tracing tools, etc.). We’re not responsible for anything provided by a third party, and additional terms and conditions may apply. + +The Software may call the servers of other websites or services (**“Third Party Services”**) in order to help you analyze Your Code. We make no warranties of any kind with regard to anything that is contained on or accessible through them. Access and use of Third Party Services is solely at your own risk. + +The Software may contain copyrighted software of our licensors (**“Third Party Software”**). The licensors retain all right, title, and interest in and to such Third Party Software and all copies thereof. Your use of any Third Party Software is subject to the terms and conditions of this Agreement, and any other terms and conditions in any Third Party Software documentation or printed materials (including EULAs). + +If there’s ever a conflict between the terms of this Agreement and the terms applicable to any Third Party Software, and the conflict relates to the use of that Third Party Software, their terms and conditions will govern the conflict. + + + +## 10. No warranties; disclaimer + + + +**Short version**: Sourcegraph is provided “as is” with no guarantees of any kind (unless applicable law provides you additional mandatory rights). Please read this section carefully. + +THE SOFTWARE, AND ANY OTHER SOFTWARE, APPLICATIONS, PRODUCTS, AND SOFTWARE MADE AVAILABLE ON OR IN CONNECTION WITH THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOURCEGRAPH DISCLAIMS, ON BEHALF OF ITSELF AND ITS LICENSORS, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT THE SOFTWARE OR ANY PART THEREOF (OR YOUR ACCESS THERETO) WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. + +CERTAIN JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW. + + + +## 11. Limitation of liability + + + +**Short version**: Our liability is limited to direct damages wherever possible, and to no more than $100 or the amount you paid us for access the software. Please read this section carefully. + +UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS) 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 SOFTWARE, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE 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, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. + +IN NO EVENT WILL OUR (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS’) 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 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 ($100.00), WHICHEVER IS GREATER. + +You acknowledge and agree that we have offered our products and services, set our prices, and entered into the Agreement 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 us. + + + +## 12. Indemnification + + + +**Short version**: Sourcegraph is provided at your own risk. + +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: + +1. your use of the Software, including any data or work transmitted or received by you; +2. your violation of any term of the Agreement, including without limitation, your breach of any of the representations and warranties above; +3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; +4. your violation of any law, rule or regulation of the United States or any other country; +5. any claim or damages that arise as a result of your use of the Software or any Content submitted via your account; or +6. any other party's access and use of the Software with your unique username, password or other appropriate security code. We will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by us. We will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. + + + +## 13. Export controls + + + +**Short version**: Don’t use our site or software if you’re located in an embargoed country. + +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. + + + +## 14. Governing law; arbitration; and class action/jury trial waiver + + + +**Short version**: We’re based in California, so the agreement is governed by California law, and all disputes must be brought there. If you have a claim against us, you’ll work with us to arbitrate it on an individual basis instead of via class action or jury trial. + +14.1 **Governing Law**. The 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. + +14.2 **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 us. For any dispute with us, you agree to first contact us at support@sourcegraph.com and attempt to resolve the dispute with us informally. In the unlikely event that we have 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 the Agreement, or the breach or alleged breach thereof, 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 we 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 us 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. + +14.3 **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 THE AGREEMENT, WE 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. + + + +## 15. Miscellaneous + + + +15.1 **Notices and Electronic Communications**. We may provide you with (and you hereby consent to our provision of) notices, including those regarding changes to our terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless we’re notified that the email address is invalid. Notice posted on the Site is deemed given five (5) days following the initial posting. We reserve 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 the Agreement. We are 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. + +15.2 **Updates and Modifications**. We may, in our sole discretion, modify or update the Agreement (or any part thereof, including these Terms) from time to time, so you should review this page periodically. When we change the Agreement (or any part thereof, including these Terms) 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. + +15.3 **U.S. Government End Users**. The Software and Documentation were developed by private financing and constitute a "Commercial Item," as that term is defined at 48 C.F.R. § 2.101. The Software and Documentation consist 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. + +15.4 **Waiver**. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by us. + +15.5 **Severability**. If any provision of the Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Agreement 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. + +15.6 **Assignment**. The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. + +15.7 **Survival**. Upon termination of the Agreement, any provision which, by its nature or express terms should survive, shall survive such termination or expiration. + +15.8 **Headings**. The heading references herein are for convenience only, do not constitute a part of the Agreement, and will not be deemed to limit or affect any of the provisions hereof. + +15.9 **Entire Agreement**. This, including the agreements incorporated by reference, constitutes the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by us as set forth in the Agreement. + +15.10 **Claims**. To the extent permissible under applicable law, you and we 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. + +15.11 **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. diff --git a/docs/terms.md b/docs/terms.md index ad68a62addd..077e8d6599c 100644 --- a/docs/terms.md +++ b/docs/terms.md @@ -4,174 +4,24 @@ title: Sourcegraph Terms of Service permalink: terms --- -Last modified: October 1, 2018 +Thank you for using Sourcegraph! Select the appropriate Terms of Service below. -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 index -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. + -
+Are you interested in terms for... -

**ABOUT** +* **[A private or self-hosted Sourcegraph instance](https://about.sourcegraph.com/terms-private)**: If you’d like to use a private or self-hosted Sourcegraph instance (e.g. one deployed via the `docker run` command in our [Quickstart](https://docs.sourcegraph.com)) to search, navigate, and analyze your private code, rather than the public Sourcegraph.com instance, or if you’d like to use any products (e.g. browser or editor extensions) developed and distributed by us for use with your private or self-hosted instance, please see our terms and conditions at https://about.sourcegraph.com/terms-private. -**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. +* **[Sourcegraph.com](https://about.sourcegraph.com/terms-dotcom)**: If you’d like to use sourcegraph.com (the public Sourcegraph instance that can be used to search, navigate, and analyze public code) rather than a private or self-hosted instance, or if you’d like to use any products (e.g. browser or editor extensions) developed and distributed by us for use with sourcegraph.com, please see our Sourcegraph.com terms and conditions at https://about.sourcegraph.com/terms-dotcom. -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 OSS](https://github.com/sourcegraph/sourcegraph/blob/master/LICENSE.apache)**: It is possible to run a version of Sourcegraph without some Enterprise features from our open source code available at https://github.com/sourcegraph/sourcegraph. If you want to follow the instructions there to build and run Sourcegraph OSS from source, please see the open source license (Apache 2.0) at https://github.com/sourcegraph/sourcegraph/blob/master/LICENSE.apache. -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. +* **Enterprise**: If you’re an enterprise customer, please see the written agreement we executed with you, if any, for the applicable terms and conditions. -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"**). +* **Sourcegraph extensions**: If you’d like to use any extensions made available via our [Extension Registry](https://sourcegraph.com/extensions), please understand that extensions made available by third-parties are not provided by us and are generally governed by separate terms and conditions. Extensions that are developed and distributed by us are governed by the appropriate terms and conditions (for a private or self-hosted Sourcegraph instance, or for Sourcegraph.com) above. -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. +* **[Government](https://about.sourcegraph.com/terms-gov)**: Certain features of our software may have their own terms and conditions that you must agree to when you sign up for that particular feature. As an example, if you’re using our software as an employee or contractor of the U.S. Government, our Supplemental Terms for U.S. Government Users at https://about.sourcegraph.com/terms-gov apply. Those terms and conditions supplement these terms and conditions. From 8085f4f764e1adf1f187c45e50335be273e8a923 Mon Sep 17 00:00:00 2001 From: Dan Adler Date: Thu, 21 Mar 2019 10:22:06 -0700 Subject: [PATCH 2/8] Updates to privacy policy --- docs/privacy.md | 18 ++++++++++++++---- docs/terms-dotcom.md | 2 +- docs/terms-private.md | 2 +- 3 files changed, 16 insertions(+), 6 deletions(-) diff --git a/docs/privacy.md b/docs/privacy.md index df22a24576a..a9f6f0d4a03 100644 --- a/docs/privacy.md +++ b/docs/privacy.md @@ -4,7 +4,7 @@ title: Sourcegraph Privacy Policy permalink: privacy --- -Last modified: Mar _, 2019 +Last modified: March _, 2019 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"**), as well as users of our private or self-hosted Sourcegraph instances (collectively with our Website, 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. @@ -46,7 +46,7 @@ Sourcegraph collects aggregate and high-level information about usage from self-
For more information about the specific information we have access to, see our server pings documentation. Customers can contact Sourcegraph at support@sourcegraph.com to opt out of server pings.
-The only personal information collected is the email address of 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 such private content is sent to Sourcegraph. +The only personal information collected is the email address of 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 such private content is sent to Sourcegraph. ### Information from Sourcegraph.com visitors @@ -71,7 +71,7 @@ We may use the data collected through cookies, log file, device identifiers, loc 1. diagnose or fix technology problems; and 1. otherwise to plan for and enhance our service -### Third-party services and data processors +### Third-party services and data processors We use third-party automated devices and applications, such as Google Analytics, to evaluate usage of our Website. Google Analytics is a Web-based analysis tool provided by the Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google provides further information about its own privacy practices and offers a browser add-on to opt out of Google Analytics tracking at https://tools.google.com/dlpage/gaoptout. @@ -83,7 +83,7 @@ We use third-party applications such as Google Cloud Platform, Honeycomb, and mo We use third-party applications such as Stripe and Xero to manage corporate billing and invoicing. These companies provide further information about their own privacy practices on their websites. -While we advertise on some ad platforms (such as Google Ads, Twitter, and Carbon Ads), we don't share any user personal information with third-party services, such as ad networks, for the purpose of advertising to you. +We and our third-party partners may also use cookies and tracking technologies for the purpose of tracking the effectiveness of our own ads placed on Google, Twitter, etc. on Sourcegraph.com (never on private or self-hosted instances). For more information about tracking technologies, please see [“Third party tracking and online advertising”](#third-party-tracking-and-online-advertising) below. @@ -119,6 +119,16 @@ 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 Website becomes available to the public, as controlled by any applicable privacy settings. If you remove information or content that you posted to the Website, copies may remain viewable in cached and archived pages of the Website, or if other Users have copied or saved that information. +### Third Party Tracking and Online Advertising + +We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third party online advertising networks, social media companies, and other third party services, to collect information about your use of our Service over time so that they may play or display ads for our products on other websites, apps, or services you may use and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. + +To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device. Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookies, you may need to perform the opt-out task again. + +You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). + +**Google Analytics and Advertising**. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Sites. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by vising NAI’s online resources at http://www.networkadvertising.org/choices. + ## Global privacy practices diff --git a/docs/terms-dotcom.md b/docs/terms-dotcom.md index 0ee06fbcee2..93f10ed8e19 100644 --- a/docs/terms-dotcom.md +++ b/docs/terms-dotcom.md @@ -4,7 +4,7 @@ title: Terms of Service for Sourcegraph.com permalink: terms-dotcom --- -Last Modified: March __, 2019 +Last modified: March __, 2019 Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of the applications, software, products, and services we make available at Sourcegraph.com. diff --git a/docs/terms-private.md b/docs/terms-private.md index 5002f2c9782..0cc6398a4e0 100644 --- a/docs/terms-private.md +++ b/docs/terms-private.md @@ -4,7 +4,7 @@ title: Terms of Service for Private and Self-hosted Sourcegraph Instances permalink: terms-private --- -Last Modified: March __, 2019 +Last modified: March __, 2019 Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of software, products, and services we make available at Sourcegraph.com. From 119d4b05b6726bb91208cdab7381d6ab73bc8a9d Mon Sep 17 00:00:00 2001 From: Dan Adler Date: Thu, 21 Mar 2019 13:29:17 -0700 Subject: [PATCH 3/8] fix: remove spaces at ends of lines --- docs/terms-dotcom.md | 36 +++++++++++++++--------------- docs/terms-private.md | 52 +++++++++++++++++++++---------------------- 2 files changed, 44 insertions(+), 44 deletions(-) diff --git a/docs/terms-dotcom.md b/docs/terms-dotcom.md index 93f10ed8e19..deca914fb8e 100644 --- a/docs/terms-dotcom.md +++ b/docs/terms-dotcom.md @@ -6,7 +6,7 @@ permalink: terms-dotcom Last modified: March __, 2019 -Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of the applications, software, products, and services we make available at Sourcegraph.com. +Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of the applications, software, products, and services we make available at Sourcegraph.com.
@@ -95,15 +95,15 @@ As used on this page, the following terms have the following specific meanings: 2.1 **Account Responsibility and Security.** -1. **Generally**. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control of all Accounts tied to the Organization. Only you may use your Account, and a single Account may not be shared by multiple people. You are, or your Organization is, fully responsible for your Account and all Content posted under it. +1. **Generally**. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control of all Accounts tied to the Organization. Only you may use your Account, and a single Account may not be shared by multiple people. You are, or your Organization is, fully responsible for your Account and all Content posted under it. 2. **Age Limitation**. In order to create an Account or use our Services, you must be at least eighteen (18) years old and, in any event, we do not permit any users under thirteen (13) years old to use our Services for any purpose. If we discover that an Account is being used by a user under thirteen (13) years old, we will terminate that Account immediately without notice to you. -3. **Security**. You’re responsible for the security of your Account when using our Services. While we may offer tools to help you maintain your Account’s security, these are not guaranteed to work. Accordingly: +3. **Security**. You’re responsible for the security of your Account when using our Services. While we may offer tools to help you maintain your Account’s security, these are not guaranteed to work. Accordingly: - (i) you’re responsible for all Content posted under your Account (even if you didn’t post it); + (i) you’re responsible for all Content posted under your Account (even if you didn’t post it); - (ii) you’re responsible for maintaining the security of your Account and password and we have no liability of any kind for any loss or damage from your failure to secure them; and + (ii) you’re responsible for maintaining the security of your Account and password and we have no liability of any kind for any loss or damage from your failure to secure them; and (iii) you must notify us immediately on becoming aware of any unauthorized use of or access to the Services through your Account. @@ -147,7 +147,7 @@ As used on this page, the following terms have the following specific meanings: **Short version**: We have the right to collect usage data from Sourcegraph.com, as described in our [Privacy Policy](/privacy). -In the course of your use of the Services, we may collect certain information about your use, including aggregated data derived from you and other users’ access and use of the Services (**“Usage Data”**). You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products and services. +In the course of your use of the Services, we may collect certain information about your use, including aggregated data derived from you and other users’ access and use of the Services (**“Usage Data”**). You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products and services. If we share or publicly disclose any information constituting or derived from Usage Data (e.g., in marketing materials), we will aggregate or anonymize that information to avoid identifying you or any other individual. @@ -159,7 +159,7 @@ If we share or publicly disclose any information constituting or derived from Us **Short version**: Our privacy policy tells you what you need to know about how we use any personal information you provide to us. The internet is a dangerous place and, while we’ve instituted safeguards to protect your information, you understand that data breaches happen and we can’t guarantee perfect security. -User privacy is important to us. Please read our [Privacy Policy](/privacy) carefully for details relating to how we collect, use, and disclose personal information you provide to us. +User privacy is important to us. Please read our [Privacy Policy](/privacy) carefully for details relating to how we collect, use, and disclose personal information you provide to us. 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 provide any sensitive information to us at your own risk. @@ -171,9 +171,9 @@ We have implemented commercially reasonable technical and organizational measure **Short version**: We can shut off the services or discontinue your access for any reason at any time. -You agree that we, in our sole discretion and for any or no reason, may terminate any Account (or any part of any Account) you may have. In addition, we reserve the right to discontinue any aspect of the Services at any time, including the right to discontinue the display and analysis of any Public Code Data. +You agree that we, in our sole discretion and for any or no reason, may terminate any Account (or any part of any Account) you may have. In addition, we reserve the right to discontinue any aspect of the Services 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 Services or your Account may happen without prior notice, and you agree that we will not be liable for such termination. +You agree that any termination of your access to the Services or your Account may happen without prior notice, and you agree that we will not be liable for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. @@ -195,9 +195,9 @@ The Services made available via the Site are provided to you at no charge, subje **Short version**: Third party services and software may be necessary for Sourcegraph.com to work (examples include libraries Sourcegraph uses internally, code hosts, authentication providers, external code analyzers, monitoring and tracing tools, etc.). We’re not responsible for anything provided by a third party, and additional terms and conditions may apply. -The Services may call the servers of other websites or services (**“Third Party Services”**) in order to help you analyze Your Code. We make no warranties of any kind with regard to anything that is contained on or accessible through them. Access and use of Third Party Services is solely at your own risk. +The Services may call the servers of other websites or services (**“Third Party Services”**) in order to help you analyze Your Code. We make no warranties of any kind with regard to anything that is contained on or accessible through them. Access and use of Third Party Services is solely at your own risk. -The Services may contain copyrighted software of our licensors (**“Third Party Software”**). The licensors retain all right, title, and interest in and to such Third Party Software and all copies thereof. Your use of any Third Party Software is subject to the terms and conditions of this Agreement, and any other terms and conditions in any Third Party Software documentation or printed materials (including EULAs). +The Services may contain copyrighted software of our licensors (**“Third Party Software”**). The licensors retain all right, title, and interest in and to such Third Party Software and all copies thereof. Your use of any Third Party Software is subject to the terms and conditions of this Agreement, and any other terms and conditions in any Third Party Software documentation or printed materials (including EULAs). If there’s ever a conflict between the terms of this Agreement and the terms applicable to any Third Party Software, and the conflict relates to the use of that Third Party Software, their terms and conditions will govern the conflict. @@ -255,7 +255,7 @@ CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCL **Short version**: Our liability is limited to direct damages wherever possible, and to no more than $100 or the amount you paid us for access to the services. Please read this section carefully. -UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS) 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 SERVICES, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR A SOURCEGRAPH-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. +UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS) 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 SERVICES, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE 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, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. @@ -271,13 +271,13 @@ You acknowledge and agree that we have offered our products and services, set ou **Short version**: The services and public code data are provided at your own risk. -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: +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: -1. your use of and access to the Services, including any data or work transmitted or received by you; -2. your violation of any term of the Agreement, including without limitation, your breach of any of the representations and warranties above; -3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; -4. your violation of any law, rule or regulation of the United States or any other country; -5. any claim or damages that arise as a result of your use of the Public Code Data or any Content submitted via your account (including UGC); or +1. your use of and access to the Services, including any data or work transmitted or received by you; +2. your violation of any term of the Agreement, including without limitation, your breach of any of the representations and warranties above; +3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; +4. your violation of any law, rule or regulation of the United States or any other country; +5. any claim or damages that arise as a result of your use of the Public Code Data or any Content submitted via your account (including UGC); or 6. any other party's access and use of the Services with your unique username, password or other appropriate security code. We will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by us. We will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. diff --git a/docs/terms-private.md b/docs/terms-private.md index 0cc6398a4e0..dd4668c5383 100644 --- a/docs/terms-private.md +++ b/docs/terms-private.md @@ -6,7 +6,7 @@ permalink: terms-private Last modified: March __, 2019 -Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of software, products, and services we make available at Sourcegraph.com. +Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of software, products, and services we make available at Sourcegraph.com.
@@ -93,7 +93,7 @@ As used on this page, the following terms have the following specific meanings: 2.1 **Account Responsibility and Security.** -1. **Generally**. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control of all Instances tied to the Organization. You are or your Organization is fully responsible for your Instance and all Content posted under it. +1. **Generally**. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control of all Instances tied to the Organization. You are or your Organization is fully responsible for your Instance and all Content posted under it. 2. **Age Limitation**. In order to create an Instance, you must be at least eighteen (18) years old and we do not permit any users under thirteen (13) years old to use our Software for any purpose. If we discover that an Instance is being used by a user under thirteen (13) years old, we will notify you that the Instance must immediately be shut down. @@ -109,9 +109,9 @@ As used on this page, the following terms have the following specific meanings: 3.1 **License from Us to You**. The source code for our Software is publicly available at https://github.com/sourcegraph. Your rights to access and use that code is covered by the software license in that repository. -3.2 **Restrictions**. You may not, and may not permit any third-party to: +3.2 **Restrictions**. You may not, and may not permit any third-party to: -1. redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to all or any part of the Software; +1. redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to all or any part of the Software; 2. permit a number of users of the Software more than permitted by us; or @@ -131,9 +131,9 @@ As used on this page, the following terms have the following specific meanings: **Short version**: We have the right to collect aggregate and high-level data from private Sourcegraph instances, as described in our [Privacy Policy](/privacy) and specifically listed in our [product documentation](https://docs.sourcegraph.com). -We may collect data derived from your use of the Software (**“Usage Data”**). A specific list of Usage Data that we receive from self-hosted and private instances is always available in our [Documentation](https://dosc.sourcegraph.com) and in the site-admin area on your Instance. You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products. +We may collect data derived from your use of the Software (**“Usage Data”**). A specific list of Usage Data that we receive from self-hosted and private instances is always available in our [Documentation](https://dosc.sourcegraph.com) and in the site-admin area on your Instance. You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products. -If we share or publicly disclose any information constituting or derived from Usage Data (e.g., in marketing materials), we will aggregate or anonymize that information to avoid identification. +If we share or publicly disclose any information constituting or derived from Usage Data (e.g., in marketing materials), we will aggregate or anonymize that information to avoid identification. @@ -143,7 +143,7 @@ If we share or publicly disclose any information constituting or derived from Us **Short version**: Our privacy policy tells you what you need to know about how we use any personal information you provide to us. The internet is a dangerous place and, while we’ve instituted safeguards to protect your information, you understand that data breaches happen and we can’t guarantee perfect security. -Data security and user privacy are very, VERY important to us. Please read our [Privacy Policy](/privacy) carefully for details relating to how we collect, use, and disclose personal information you provide to us in connection with your use of the Software. +Data security and user privacy are very, VERY important to us. Please read our [Privacy Policy](/privacy) carefully for details relating to how we collect, use, and disclose personal information you provide to us in connection with your use of the Software. We have implemented, and the Software contains, commercially reasonable technical and organizational measures designed to secure Your Code and any other information you provide that is stored on your Instance (which we do not have access to), and any information that we do have access to (such as support emails you send to us, Usage Data, etc.), 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 store sensitive information on your Instance, or provide any sensitive information to us at your own risk. @@ -155,15 +155,15 @@ We have implemented, and the Software contains, commercially reasonable technica **Short version**: You and we will each protect the other party’s confidential information. -6.1 **Definition**. **"Confidential Information"** means all non-public information disclosed by us to you, or vice-versa, that is designated by the discloser as confidential or that reasonably should be considered confidential given the nature of the information or circumstances of its disclosure. +6.1 **Definition**. **"Confidential Information"** means all non-public information disclosed by us to you, or vice-versa, that is designated by the discloser as confidential or that reasonably should be considered confidential given the nature of the information or circumstances of its disclosure. -6.2 **Exclusions.** Confidential Information does not include any information that +6.2 **Exclusions.** Confidential Information does not include any information that -1. was or becomes publicly known through no fault of the receiving party; +1. was or becomes publicly known through no fault of the receiving party; -2. was rightfully known or becomes rightfully known to the receiving party without confidential restriction from a third-party that has a right to disclose it; +2. was rightfully known or becomes rightfully known to the receiving party without confidential restriction from a third-party that has a right to disclose it; -3. is approved by the disclosing party for disclosure without restriction in a written document or electronic record; or +3. is approved by the disclosing party for disclosure without restriction in a written document or electronic record; or 4. the receiving party independently develops without access to or use of the other party's Confidential Information. @@ -191,19 +191,19 @@ We have implemented, and the Software contains, commercially reasonable technica **Short version**: You’re responsible for any fees associated with your use of Sourcegraph. Pricing can change at any time, but you will receive notice at least seven days in advance. Your subscription will automatically renew. -8.1 **Pricing**. You are responsible for paying any applicable fees as set forth on our [Pricing and Payment Terms](/pricing) and applicable taxes associated with the Software in a timely manner with a valid payment method. You agree that we may charge for any such fees owed. You are required to keep your billing information current. +8.1 **Pricing**. You are responsible for paying any applicable fees as set forth on our [Pricing and Payment Terms](/pricing) and applicable taxes associated with the Software in a timely manner with a valid payment method. You agree that we may charge for any such fees owed. You are required to keep your billing information current. -8.2 **Term**. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preference. 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. +8.2 **Term**. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preference. 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. -8.3 **Responsibility for Charges**. You are responsible for all charges incurred by usage of your Instance (whether made by you or anyone who may use your Instance, such as 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. 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. +8.3 **Responsibility for Charges**. You are responsible for all charges incurred by usage of your Instance (whether made by you or anyone who may use your Instance, such as 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. 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. 8.4 **No Refunds**. All fees and charges are earned upon receipt by us and are nonrefundable unless negotiated otherwise, except (a) as expressly set forth herein, and/or (b) as required by applicable law. -8.5 **Price Changes**. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Software, and to institute new fees, charges, or terms effective upon prior notice. 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 subscription will constitute acceptance of such fee change. +8.5 **Price Changes**. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Software, and to institute new fees, charges, or terms effective upon prior notice. 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 subscription will constitute acceptance of such fee change. 8.6 **Renewals**. Your subscription will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you every month, year, or other period you subscribed to. 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. -8.7 **Cancellation**. 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 current term of your subscription. +8.7 **Cancellation**. 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 current term of your subscription. @@ -214,9 +214,9 @@ We have implemented, and the Software contains, commercially reasonable technica **Short version**: Third party services and software may be necessary for Sourcegraph to work (examples include libraries Sourcegraph uses internally, code hosts, authentication providers, external code analyzers, monitoring and tracing tools, etc.). We’re not responsible for anything provided by a third party, and additional terms and conditions may apply. -The Software may call the servers of other websites or services (**“Third Party Services”**) in order to help you analyze Your Code. We make no warranties of any kind with regard to anything that is contained on or accessible through them. Access and use of Third Party Services is solely at your own risk. +The Software may call the servers of other websites or services (**“Third Party Services”**) in order to help you analyze Your Code. We make no warranties of any kind with regard to anything that is contained on or accessible through them. Access and use of Third Party Services is solely at your own risk. -The Software may contain copyrighted software of our licensors (**“Third Party Software”**). The licensors retain all right, title, and interest in and to such Third Party Software and all copies thereof. Your use of any Third Party Software is subject to the terms and conditions of this Agreement, and any other terms and conditions in any Third Party Software documentation or printed materials (including EULAs). +The Software may contain copyrighted software of our licensors (**“Third Party Software”**). The licensors retain all right, title, and interest in and to such Third Party Software and all copies thereof. Your use of any Third Party Software is subject to the terms and conditions of this Agreement, and any other terms and conditions in any Third Party Software documentation or printed materials (including EULAs). If there’s ever a conflict between the terms of this Agreement and the terms applicable to any Third Party Software, and the conflict relates to the use of that Third Party Software, their terms and conditions will govern the conflict. @@ -240,7 +240,7 @@ CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCL **Short version**: Our liability is limited to direct damages wherever possible, and to no more than $100 or the amount you paid us for access the software. Please read this section carefully. -UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS) 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 SOFTWARE, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR A SOURCEGRAPH-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. +UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS) 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 SOFTWARE, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE 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, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. @@ -256,13 +256,13 @@ You acknowledge and agree that we have offered our products and services, set ou **Short version**: Sourcegraph is provided at your own risk. -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: +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: -1. your use of the Software, including any data or work transmitted or received by you; -2. your violation of any term of the Agreement, including without limitation, your breach of any of the representations and warranties above; -3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; -4. your violation of any law, rule or regulation of the United States or any other country; -5. any claim or damages that arise as a result of your use of the Software or any Content submitted via your account; or +1. your use of the Software, including any data or work transmitted or received by you; +2. your violation of any term of the Agreement, including without limitation, your breach of any of the representations and warranties above; +3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; +4. your violation of any law, rule or regulation of the United States or any other country; +5. any claim or damages that arise as a result of your use of the Software or any Content submitted via your account; or 6. any other party's access and use of the Software with your unique username, password or other appropriate security code. We will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by us. We will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same. From cba1024547c1ca2987388112d1757adf0d77c681 Mon Sep 17 00:00:00 2001 From: Dan Adler Date: Thu, 21 Mar 2019 13:29:27 -0700 Subject: [PATCH 4/8] fix: add federal government user terms --- docs/terms-gov.md | 83 +++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 83 insertions(+) diff --git a/docs/terms-gov.md b/docs/terms-gov.md index e69de29bb2d..922b3802120 100644 --- a/docs/terms-gov.md +++ b/docs/terms-gov.md @@ -0,0 +1,83 @@ +--- +layout: markdown +title: Terms of Service for U.S. Federal Government Users +permalink: terms-gov +--- + +Last modified: March __, 2019 + +This Amendment to [Sourcegraph's Terms of Service](/terms) applies only to users that are using Sourcegraph on behalf of the United States federal government. If you are not using Sourcegraph on behalf of the U.S. federal government, the standard [Sourcegraph Terms of Service](/terms) apply to you. + +This Amendment is an agreement between Sourcegraph, Inc. (**"Sourcegraph"** or **"Company"**) and U.S. federal government users of the Sourcegraph.com web site, a private or self-hosted Sourcegraph instance, or any Sourcegraph product for use in conjunction with Sourcegraph.com or a private or self-hosted Sourcegraph instance (the **“Services”**) and applies solely to any U.S. federal government agency and its users who use or access the Service on behalf of the U.S. federal government (the **"Government"**). + +You, as a United States government entity, are required, when entering into agreements with other parties, to follow applicable federal laws and regulations, including those related to ethics; privacy and security; accessibility; records retention; limitations on indemnification; fiscal law constraints; advertising and endorsements; freedom of information; and governing law and dispute resolution forum. + +Sourcegraph and You (together, the **"Parties"**) agree that modifications to the Sourcegraph Terms of Service (the **"ToS"**) are appropriate to accommodate Your legal status, Your public (in contrast to private) mission, and other special circumstances. Accordingly, the ToS are hereby modified by this Amendment as they pertain to the Government's use of the Company web site and services: + + + +A. Public purpose + + + +1. **Government entity**. "You" within the ToS shall mean the Government itself and shall not bind, in their individual capacity, the individual(s) who utilize the Company site or services on the Government's behalf. Company will look solely to the Government to enforce any violation or breach of the ToS by such individuals, subject to federal law. + + + +B. Your content on Sourcegraph + + + +1. **Access and use**. Company acknowledges that the Government's use of the Service may energize significant citizen engagement. Language in the ToS allowing Company to terminate service, refuse or remove any Content, or close the Government's account, at any time, for any reason, is modified to reflect the Parties' agreement that Company may unilaterally modify or discontinue service, temporarily or permanently, refuse or remove any Content, and/or terminate the Government's account only for breach of the Government’s obligations under the ToS or its material failure to comply with the instructions and guidelines posted on the Service, or if Company ceases to operate the Service generally. Company will provide the Government with a reasonable opportunity to cure any breach or failure on the Government's part. + +2. **No endorsement**. Company agrees that Your seals, trademarks, logos, service marks, trade names, and the fact that You have a presence on the Company site and use its services, shall not be used by Company in such a manner as to state or imply that Company's products or services are endorsed, sponsored or recommended by You or by any other element of the federal government, or are considered by these entities to be superior to any other products or services. Except for pages whose design and content is under the control of the Government, or for links to or promotion of such pages, Company agrees not to display any government seals or logos on the Company's homepage or elsewhere on the Company Site, unless permission to do so has been granted by the Government or by other relevant federal government authority. Company may list the Government's name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other third-party name. + +3. **Provision of data**. In case of termination of service, within 30 days of such termination, upon request, Company will provide you with all user-generated content that is publicly visible through the Sites You created at Company. Data will be provided in a commonly used file or database format as Company deems appropriate. Company will not provide data if doing so would violate its privacy policy, available at https://about.sourcegraph.com/privacy. + + + +C. Unpaid and paid plans + + + +1. **No cost agreement**. Nothing in this Amendment or ToS obligates You to expend appropriations or incur financial obligations. The Parties acknowledge and agree that none of the obligations arising from this Amendment or ToS are contingent upon the payment of fees by one party to the other. At the Company’s discretion, Sourcegraph may offer a free account under a free usage plan, such as those listed on our Pricing page, and in that case this Amendment will apply to the Government’s usage under the free account/plan. This Amendment also applies when the Government uses one of Sourcegraph’s paid usage plans. + +2. **Government responsibilities under paid usage plans**. You acknowledge that while Company will provide You with service under a free plan, Company reserves the right to begin charging for that service at some point in the future. Company will provide You with at least 30 days advance notice of a change involving the charging of fees for a free service. You also understand that Company offers paid plans for a fee. The Parties understand that fee-based services are categorically different than free products, and are subject to federal procurement rules and processes. Before the Government decides to enter into a business or enterprise subscription, or any other fee-based service that this Company or alternative providers may offer now or in the future, You agree: to determine the Government has a need for those additional services for a fee; to consider the subscription's value in comparison with comparable services available elsewhere; to determine that Government funds are available for payment; to properly use the Government Purchase Card if that Card is used as the payment method; to review any then-applicable ToS for conformance to federal procurement law; and in all other respects to follow applicable federal acquisition laws, regulations and agency guidelines (including those related to payments) when initiating that separate action. + +3. **No business relationship created**. The Parties are independent entities and nothing in this Amendment or ToS creates an agency, partnership, joint venture, or employer/employee relationship. + + + +D. Federal Regulations + + + +1. **Security**. Company will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls will be employed to ensure security of systems and data. Recognizing the changing nature of the Web, Company will continuously work with users to ensure that its products and services are operated and maintained in a secure manner. Company agrees to discuss implementing additional security controls as deemed necessary by the Government to conform to the Federal Information Security Management Act (FISMA), 44 U.S.C. 3541 et seq. + +2. **Federal Records**. Government acknowledges that use of Company's site and services may require management of Federal records. Government and user-generated content may meet the definition of Federal records as determined by the agency. If the Company holds Federal records, the Government and the Company must manage Federal records in accordance with all applicable records management laws and regulations, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), and regulations of the National Archives and Records Administration (NARA) at 36 CFR Chapter XII Subchapter B). Managing the records includes, but is not limited to, secure storage, retrievability, and proper disposition of all Federal records including transfer of permanently valuable records to NARA in a format and manner acceptable to NARA at the time of transfer. The Government is responsible for ensuring that the Company is compliant with applicable records management laws and regulations through the life and termination of the Agreement. + + + +E. General Conditions + + + +1. **Indemnification**. Any provisions in the ToS related to indemnification, damages, attorney’s fees, and settlement are hereby waived. Liability of the Government for any breach of the ToS or this Agreement, or any claim, demand, suit or proceeding arising from the ToS or this Agreement, shall be determined under the Federal Tort Claims Act, or other governing authority. Liability of Company for any breach of the ToS or this Agreement, or any claim, demand, suit or proceeding arising from the ToS or this Agreement, shall be determined by applicable federal or state law. + +2. **Limitation of liability**. The Parties agree that nothing in the Limitation of Liability clause or elsewhere in the ToS in any way grants Company a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law. + +3. **Governing law and Forum**. The dispute resolution provision in the ToS is hereby deleted. The ToS and this Amendment shall be governed, interpreted and enforced in accordance with applicable federal laws of the United States of America and exclusive jurisdiction shall be in the appropriate U.S. federal courts. To the extent permitted by federal law, the laws of the State of California will apply in the absence of federal law. + +4. **Assignment**. Neither party may assign its obligations under this Amendment or ToS to any third-party without prior written consent of the other; however, Sourcegraph may, without the Government's consent, assign its obligations to an Government using the service under a free usage plan under this Amendment or ToS to an affiliate or to a successor or acquirer, as the case may be, in connection with a merger, acquisition, corporate reorganization or consolidation, or the sale of all or substantially all of Sourcegraph's assets. + + + +F. Changes to this agreement + + + +1. **Precedence; Further Amendment; Termination**. This Amendment constitutes an amendment to the ToS; language in the ToS indicating it may not be modified or that it alone is the entire agreement between the Parties is waived. If there is any conflict between this Amendment and the ToS, or between this Amendment and other rules or policies on the Company site or services, this Amendment shall prevail. This Amendment may be further amended only upon written agreement executed by both Parties. The Government may close its account and terminate this agreement at any time. Company may close Government's account and terminate this agreement on 30 days written notice, but the Government shall not be entitled to a refund of any fees paid. + +2. **Posting and availability of this Amendment**. The parties agree this Amendment contains no confidential or proprietary information, and either party may release it to the public at large. + + From 5bb5d3c39b709c9a790bb9af59aec6b7419a2b2b Mon Sep 17 00:00:00 2001 From: Dan Adler Date: Fri, 22 Mar 2019 16:16:43 -0700 Subject: [PATCH 5/8] Add us federal government terms --- docs/terms-gov.md | 12 ++++++------ docs/terms-private.md | 4 ++-- 2 files changed, 8 insertions(+), 8 deletions(-) diff --git a/docs/terms-gov.md b/docs/terms-gov.md index 922b3802120..00ae7a39dea 100644 --- a/docs/terms-gov.md +++ b/docs/terms-gov.md @@ -16,7 +16,7 @@ Sourcegraph and You (together, the **"Parties"**) agree that modifications to th -A. Public purpose +## A. Public purpose @@ -24,7 +24,7 @@ A. Public purpose -B. Your content on Sourcegraph +## B. Your content on Sourcegraph @@ -36,7 +36,7 @@ B. Your content on Sourcegraph -C. Unpaid and paid plans +## C. Unpaid and paid plans @@ -48,7 +48,7 @@ C. Unpaid and paid plans -D. Federal Regulations +## D. Federal Regulations @@ -58,7 +58,7 @@ D. Federal Regulations -E. General Conditions +## E. General Conditions @@ -72,7 +72,7 @@ E. General Conditions -F. Changes to this agreement +## F. Changes to this agreement diff --git a/docs/terms-private.md b/docs/terms-private.md index dd4668c5383..2e9279f7572 100644 --- a/docs/terms-private.md +++ b/docs/terms-private.md @@ -129,9 +129,9 @@ As used on this page, the following terms have the following specific meanings: -**Short version**: We have the right to collect aggregate and high-level data from private Sourcegraph instances, as described in our [Privacy Policy](/privacy) and specifically listed in our [product documentation](https://docs.sourcegraph.com). +**Short version**: We have the right to collect aggregate and high-level data from private Sourcegraph instances, as described in our [Privacy Policy](/privacy) and specifically listed in our [product documentation](https://docs.sourcegraph.com/admin/pings). -We may collect data derived from your use of the Software (**“Usage Data”**). A specific list of Usage Data that we receive from self-hosted and private instances is always available in our [Documentation](https://dosc.sourcegraph.com) and in the site-admin area on your Instance. You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products. +We may collect data derived from your use of the Software (**“Usage Data”**). A specific list of Usage Data that we receive from self-hosted and private instances is always available in our [Documentation](https://docs.sourcegraph.com/admin/pings) and in the site-admin area on your Instance. You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products. If we share or publicly disclose any information constituting or derived from Usage Data (e.g., in marketing materials), we will aggregate or anonymize that information to avoid identification. From 3c30685533e066bb9408f594c76f0f269cb0c8ee Mon Sep 17 00:00:00 2001 From: Dan Adler Date: Mon, 22 Apr 2019 13:13:20 -0700 Subject: [PATCH 6/8] Comments --- docs/privacy.md | 2 +- docs/terms-dotcom.md | 2 +- docs/terms-private.md | 2 +- 3 files changed, 3 insertions(+), 3 deletions(-) diff --git a/docs/privacy.md b/docs/privacy.md index a9f6f0d4a03..ad44f3c230e 100644 --- a/docs/privacy.md +++ b/docs/privacy.md @@ -44,7 +44,7 @@ We use this information to operate, maintain, and provide to you the features of Sourcegraph collects aggregate and high-level information about usage from self-hosted Sourcegraph instances 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. -
For more information about the specific information we have access to, see our server pings documentation. Customers can contact Sourcegraph at support@sourcegraph.com to opt out of server pings.
+
For more information about the specific information we have access to, see our server pings documentation. Customers can contact Sourcegraph at support@sourcegraph.com to opt out of server pings.
The only personal information collected is the email address of 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 such private content is sent to Sourcegraph. diff --git a/docs/terms-dotcom.md b/docs/terms-dotcom.md index deca914fb8e..06553abed36 100644 --- a/docs/terms-dotcom.md +++ b/docs/terms-dotcom.md @@ -8,7 +8,7 @@ Last modified: March __, 2019 Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of the applications, software, products, and services we make available at Sourcegraph.com. -
+
diff --git a/docs/terms-private.md b/docs/terms-private.md index 2e9279f7572..a0c15433213 100644 --- a/docs/terms-private.md +++ b/docs/terms-private.md @@ -8,7 +8,7 @@ Last modified: March __, 2019 Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of software, products, and services we make available at Sourcegraph.com. -
+
From 593b449a74449a3ab4511e770f5a3e1dc40889e7 Mon Sep 17 00:00:00 2001 From: Dan Adler Date: Mon, 22 Apr 2019 13:22:17 -0700 Subject: [PATCH 7/8] Add date --- docs/privacy.md | 2 +- docs/terms-dotcom.md | 2 +- docs/terms-gov.md | 4 ++-- docs/terms-private.md | 2 +- 4 files changed, 5 insertions(+), 5 deletions(-) diff --git a/docs/privacy.md b/docs/privacy.md index ad44f3c230e..659dddb8d3f 100644 --- a/docs/privacy.md +++ b/docs/privacy.md @@ -4,7 +4,7 @@ title: Sourcegraph Privacy Policy permalink: privacy --- -Last modified: March _, 2019 +Last modified: April 22, 2019 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"**), as well as users of our private or self-hosted Sourcegraph instances (collectively with our Website, 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. diff --git a/docs/terms-dotcom.md b/docs/terms-dotcom.md index 06553abed36..be5f9976434 100644 --- a/docs/terms-dotcom.md +++ b/docs/terms-dotcom.md @@ -4,7 +4,7 @@ title: Terms of Service for Sourcegraph.com permalink: terms-dotcom --- -Last modified: March __, 2019 +Last modified: April 22, 2019 Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of the applications, software, products, and services we make available at Sourcegraph.com. diff --git a/docs/terms-gov.md b/docs/terms-gov.md index 00ae7a39dea..641f03862af 100644 --- a/docs/terms-gov.md +++ b/docs/terms-gov.md @@ -4,7 +4,7 @@ title: Terms of Service for U.S. Federal Government Users permalink: terms-gov --- -Last modified: March __, 2019 +Last modified: April 22, 2019 This Amendment to [Sourcegraph's Terms of Service](/terms) applies only to users that are using Sourcegraph on behalf of the United States federal government. If you are not using Sourcegraph on behalf of the U.S. federal government, the standard [Sourcegraph Terms of Service](/terms) apply to you. @@ -32,7 +32,7 @@ Sourcegraph and You (together, the **"Parties"**) agree that modifications to th 2. **No endorsement**. Company agrees that Your seals, trademarks, logos, service marks, trade names, and the fact that You have a presence on the Company site and use its services, shall not be used by Company in such a manner as to state or imply that Company's products or services are endorsed, sponsored or recommended by You or by any other element of the federal government, or are considered by these entities to be superior to any other products or services. Except for pages whose design and content is under the control of the Government, or for links to or promotion of such pages, Company agrees not to display any government seals or logos on the Company's homepage or elsewhere on the Company Site, unless permission to do so has been granted by the Government or by other relevant federal government authority. Company may list the Government's name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other third-party name. -3. **Provision of data**. In case of termination of service, within 30 days of such termination, upon request, Company will provide you with all user-generated content that is publicly visible through the Sites You created at Company. Data will be provided in a commonly used file or database format as Company deems appropriate. Company will not provide data if doing so would violate its privacy policy, available at https://about.sourcegraph.com/privacy. +3. **Provision of data**. In case of termination of service, within 30 days of such termination, upon request, Company will provide you with all user-generated content that is publicly visible. Data will be provided in a commonly used file or database format as Company deems appropriate. Company will not provide data if doing so would violate its privacy policy, available at https://about.sourcegraph.com/privacy. diff --git a/docs/terms-private.md b/docs/terms-private.md index a0c15433213..3f8cc34937e 100644 --- a/docs/terms-private.md +++ b/docs/terms-private.md @@ -4,7 +4,7 @@ title: Terms of Service for Private and Self-hosted Sourcegraph Instances permalink: terms-private --- -Last modified: March __, 2019 +Last modified: April 22, 2019 Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of software, products, and services we make available at Sourcegraph.com. From a23dd1f2dd448e599bd9c7a18ce057db58cd3810 Mon Sep 17 00:00:00 2001 From: Farhan Attamimi Date: Mon, 22 Apr 2019 14:08:08 -0700 Subject: [PATCH 8/8] Update gatsby-plugin-sass version --- website/package.json | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/website/package.json b/website/package.json index 4eafd819c31..a9f33a9b00e 100644 --- a/website/package.json +++ b/website/package.json @@ -12,7 +12,7 @@ "gatsby-plugin-catch-links": "^2.0.4", "gatsby-plugin-feed": "^2.0.8", "gatsby-plugin-react-helmet": "^3.0.0", - "gatsby-plugin-sass": "next", + "gatsby-plugin-sass": "^2.0.11", "gatsby-plugin-sharp": "^2.0.6", "gatsby-plugin-typescript": "^2.0.0", "gatsby-remark-autolink-headers": "^2.0.6",