Welcome to LaunchDarkly! Our website, launchdarkly.com (the "Site"), its subdomains, and/or related services ("Services") are made available by Catamorphic, Co., which may be referred to in these Terms of Service ("Terms") as "LaunchDarkly," "we" "us" and/or "our". By using the Site or any Services at any time, You agree to be bound by these Terms. If You do not agree to these Terms, You may not use the Services in whole or in part. By using the Services, You indicate Your agreement to these Terms.
We want You to understand the value we provide and the conditions that govern Your use of our Services clearly, in terms that are easy to understand. If any element of these Terms is not clear to You or if You have any questions, please email firstname.lastname@example.org.
Sometimes, our lawyers still make us speak legalese, like this: THESE TERMS LIMIT OUR LIABILITY AND INCLUDE YOUR AGREEMENT TO ARBITRATE DISPUTES; PLEASE READ THEM IN FULL.
Here are the conditions under which You may access and use the Site and the Services:
You must be an adult with the legal authority to enter into a contract to use any Services. If You use the Service on another's behalf, these Terms bind that other party as well as You as an individual.
If You are accessing, trying, or using any Service on behalf of a third party or entity, You also agree to these Terms on behalf of the applicable third party or entity. You represent and warrant that You are an authorized agent of the third party with specific permission to execute these Terms on the third party's behalf, and You agree to indemnify us in the event we incur any damages of any kind as a result of Your breach of this representation and warranty (or any other representation or warranty You make in these Terms). As used in these Terms, "You" and "Your" refer to both the user and any third party individual or entity on whose behalf such user accesses and/or uses the Services.
We'll use reasonable efforts to let You know of any changes to these Terms, and You agree to be bound by these Terms as well as any future versions of these Terms.
If we deem, in our sole discretion, that changes to these Terms are material, we will either (1) notify You through our products, (2) post a notice on our website, and/or (3) email notice of the update to account holders. If You do not have an account, it is Your responsibility to check this URL periodically to apprise Yourself of the most recent Terms. In either case, you agree to be bound by the then-current version of these Terms.
You have to be able to enter into a contract with us (these Terms) to use our Services, and You are not allowed to use Services unless You are at least 18 years of age and have the capacity to form a binding contract. By using the Services, You represent that You are at least 18 and have any agency or authority necessary to enter into a contract with us. You are not allowed to use the Services unless You agree to and/or consent to everything in these Terms. If You do not understand any item in these Terms, or You do not agree to any provision in these Terms, You are not permitted to use the Services.
You are not permitted to enter or expose any information about a minor anywhere on the Site or through the Services unless You are that minor's legal guardian and consent to the practices described in these Terms on behalf of that minor. We may ask You to verify that consent, and You are required to do so promptly.
Our Services are subscription based, which means You have a right to access our Services only as long as You pay for access.
You may access the Site for free as long as You are in full compliance with these Terms. For as long as You pay the applicable fees identified for Your particular suite of Services ("Subscription Term"), we grant to You a limited, personal, nontransferable, nonsublicensable right to access and use the Services, through the user dashboard made available to You, and/or through our application programming interface, for the sole purpose of improving and/or maintaining Your product feature rollout processes. If Your payment is delinquent by more than 14 days, You will be deemed to have terminated the Subscription Term and may begin a new Subscription Term only after we have processed any delayed payments.
These terms govern Your use of our Site and any Services whether or not You have begun making payments or agreed to make payments. However, the license provisions of these Terms permit Your access to our Services solely during the Subscription Term.
Our Services include free access to our open source SDK, which You may use for the purpose of receiving our Services only.
Your access to our Application Programming Interface(s) and/or Software Development Kit(s) (collectively the "SDK" as used in these Terms) is offered at no charge in connection with the Services. The SDK is distributed under the Apache 2.0 open source license. The SDK is available for the purpose of receiving and enjoying the Services, including by making determinations about the applicability of our Services to your own products. You are not permitted to resell our SDK. You are free to build an implementation on Your own systems that facilitates Your use of the SDK, and You will be the sole owner of - and bear sole responsibility for - any such builds. You agree to indemnify us for an damage we incur (and agree we will have no liability to you for) damages caused to you or a third party based on (1) your use or modification of our free SDK and/or (2) what you build with that SDK.
You license information You input on the Site to us for use in our business, and You're responsible for its accuracy.
You are and will remain the sole owner of Your own products and services to which You apply the Services ("Client Product"). You hereby grant to LaunchDarkly a nonexclusive, sublicensable, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, right and license to create, use, access, reproduce, distribute, copy, modify and publish elements of, versions of, copies of, and/or derivative works of (i) the Client Product in the course of operating our Services and (ii) any other data you upload or permit access to in the course of using the Services. You represent and warrant that all Client Products are (1) operating fully in compliance with applicable law, and (2) that You have all rights (ownership, license, consent, or otherwise) necessary or desirable to use the Services in connection with the Client Products, and (3) will only upload data about users of the Client Products or other identifiable individuals into the Service for whom You have obtained any legally required consents.
You further acknowledge and consent to our use of third-party (i) analytics services on the Site and as an element of the Services, and (ii) tools to provide customer service functions, such as support chat..
When You connect us with Your Client Products, our right to access the Services includes amazing benefits for as long as You continue to subscribe — but when You cancel, You will no longer have access to these benefits.
In the course of using the Services, You may create, access, and/or acquire (or cause LaunchDarkly to create, access, and/or acquire) (1) additional intelligence about Your product features, (2) new user segments or user identifiers, (3) in-application messaging, logs, and/or history data, (4) backups, logs, or other digital residuals of data about your use of the Services or third parties' use of the Client Products, and (5) product learnings, such as the results of A/B Testing ("Usage Products"). Usage Products are made available to You for Your use in developing and improving Client Products and/or business during the Subscription Term. Usage Products shall be owned by LaunchDarkly, and LaunchDarkly will promptly revoke Your access to such Usage Products at the end of the Subscription Term.
You may use the Services only for their intended purpose.
You are not permitted to scrape, reverse engineer, copy, or otherwise make commercial use of any of our Services in a manner other than their express purpose. Only humans (and Your authorized agents) are permitted to access and use the Services on Your behalf, no matter how cool of a robot you've built to try it, provided that you may obtain specific permission from LaunchDarkly to access the Services through an application programming interface with a script. Other than in this specific instance, You must be a human to use the Services and You must use the Services only as a human. You must not be a human that allows any virus, Trojan horse, worm, or other kind of malware to invade our systems because You introduced them. You may not use our Service to harm any other human or any entity, and if You do You are responsible for any damage we incur as a result.
You acknowledge and agree we may use a distributed cloud infrastructure in providing Services. Because it's 2017.
You acknowledge and agree that LaunchDarkly will use distributed cloud architecture (with certain customization options available to You) to deliver the Services to You. You further acknowledge and agree that we will contract with (and, to the extent helpful to the provision of Services, sublicense Client Products and Usage Data to) cloud platforms that provide cloud-based infrastructure to us. You hereby consent to the sharing of Your information with such third parties in the course of receiving the Services.
You represent and warrant to us that any information or software You use in connection with the Services, and any information about identifiable individual therein, (1) will be accurate, (2) will not damage our systems or the systems of our business associates and partners; and (3) will not cause harm to, violate any rights of, or offend our other users or a third party.
We use a third party payment processor. You agree we can store the information related to making Your payments, operating the Services, and optimizing Your Dashboard.
We work with a third-party payment processor to accept Your payments online. You hereby consent to our use of this payment processing entity and acknowledge that they will handle, and will be responsible for the security of, Your payment information. You agree we may charge a fee to cover costs associated with this third party payment processor. Your use of these tools is governed by third party terms of service. As of the date of this Policy, we use Stripe to process payments on the site, and you can view Stripe's legal agreements that govern your use of payment functionality here.
You further specifically consent to the sharing and storage of Your payment information on our systems and to automatic monthly billing unless and until You provide written notice of Your wish to terminate.
We reserve our rights.
We expressly reserve and retain all intellectual property rights, including copyrights, patent rights, trademarks, moral rights and any other type of property interest, past, present or future, in the Services.
If we believe (1) You've violated these Terms in any way or (2) it's necessary to prevent fraud, violations of law or harm to others, we have the right to restrict, suspend, or delete Your account and collect any outstanding payments You owe. We further reserve the right to pursue any and all legal causes of action against You.
We can't guarantee perfection in an insecure world & consequently we have limited liability to You.
This is where our lawyers make us use ALL-CAPS legalese to tell You we have priced our Services on the basis of certain limitations on our liability to You, indemnities we receive from You, and representations and warranties You offer. You must accept these provisions to use our Services:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AFFILIATES OR PARTNERS ("LaunchDarkly PARTIES") SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LaunchDarkly PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ANY SERVICES IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LaunchDarkly PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, CONFIDENTIALITY, AND NON-INFRINGEMENT.
- LaunchDarkly PARTIES DO NOT WARRANT THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LaunchDarkly PARTIES OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- EXCLUSIONS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If Your actions result in our liability to others, You are responsible for covering ALL costs that result from the liability You created.
You agree to indemnify and hold harmless the LaunchDarkly Parties from and against any third party claim in any way related to Your use of the Site or our Services, Your violation of these Terms, or any other actions connected with Your use of the Site or Services purchased thereon, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide You with written notice of such claim, suit or action if practicable (as determined in our sole discretion).
You can terminate Your account by providing notice to us, and termination will be effective within 30 days.
Email us at email@example.com if You wish to terminate Your account and end Your Subscription Term. You will be responsible for paying all costs that have been invoiced before You provide us with notice, as well as any subscription charges due to be billed within 30 days of Your notice. After we receive Your notice, Your account termination will be effective on the date thirty days after the next-occurring regular business day. Once termination is effective, You will not incur any further payment obligations, but You will still be responsible for any fees invoiced prior to that effective date. We reserve the right to suspend the Services and/or terminate Your account, in our sole discretion, if any invoice remains unpaid after 30 days.
However, aggregate, anonymized information gathered during the term of Your Services will remain on our systems and may be used by us in the future even if you terminate your account.
If we have a dispute, we agree to try to resolve it informally and, if we can't, we agree to arbitrate our dispute.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We are not responsible for, and have no obligation to resolve, any dispute between You and any third party - even if Your relationship to that party started through the Services.
If You (user) have a dispute with us (LaunchDarkly), You agree that we will first attempt to resolve that dispute informally through an in-person, phone, and/or email exchange over a period of at least thirty (30) days. You can inform us of Your dispute by emailing us at firstname.lastname@example.org.
You and LaunchDarkly further agree that any arbitration shall be conducted in each party's individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LaunchDarkly AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of Your decision to opt-out to the following address:
Attn: Class Opt-out,
405 14th St.
Oakland, CA 94612
The notice must be sent within 30 days of July 15, 2016 or Your first use of the Site, whichever is later, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of these arbitration provisions, LaunchDarkly also will not be bound by them.
In the unfortunate case that our informal discussion is not sufficient to resolve the dispute, any continuing dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration (1) in San Francisco, California, (2) using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, (3) by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Services and the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and LaunchDarkly agree that any cause of action arising out of or related to the Site or Services or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Just a little more legalese
- Entire Agreement. These Terms (including any policies, guidelines or amendments that may be presented to Your from time to time) constitute the entire agreement between You and us and govern Your use of our services, superseding any prior agreements between us. You also may be subject to additional terms and conditions that may apply when You use or purchase other services from us, affiliate services, third-party content or third-party software.
- Waiver and Severability of Terms. The failure of LaunchDarkly to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term "including" shall mean "including without limitation."
Last updated and copyright as of: December 10, 2016