ZenHub — Terms of Service

Thank you for using ZenHub!

ZenHub's products and services are provided by Launch Labs, Inc. DBA Axiom Zen (“ZenHub"/“we”/“us”). These Terms of Service (“Terms”/“Agreement”) govern your access to and use of ZenHub's website (“Website”), products and services, including our various browser extensions, APIs, email notifications, applications, 3rd party integrations, and widgets, (collectively, the “Services”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not accept these Terms or our Privacy Policy, then do not access or use any of our Services.

Registering for an Account

In order to use the Service, you must register for an account using your GitHub account.

You must have the authority to bind yourself to these Terms. If you are registering for an account on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity, its affiliates, and all users who access our Services through such account to these Terms, in which case the terms “you”, “your” and “user” shall refer to such entity, its affiliates, and users associated with it.

You may stop using our Services at any time by deleting the browser extension and de-authorizing the application from inside GitHub. Upon request, we will make commercially reasonable efforts to provide you with a copy of any data you may have created and to delete any remaining data from our servers.

By using ZenHub, you give us permission to use your company's name and/or logo on our website and other marketing materials identifying you as one of our users. No endorsement or affiliation is implied and your trademarks and copyrights remain your property.

Free and Paid Accounts

Free Accounts: ZenHub is free to install and begin using. Every feature currently offered will remain free for all personal, open-source public repository, and not-for-profit organization use.

Paid Accounts: We offer paid accounts on a month-to-month or yearly rate basis. These plans will be listed on ZenHub's Pricing page and are subject to change at any time.

User Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, uploaded, posted or transmitted to the Service by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not ZenHub, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. ZenHub does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will ZenHub be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content

ZenHub reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

Restrictions on Use of the Service

In using the ZenHub Service you must not:

  1. copy any content unless expressly permitted to do so herein;
  2. upload, post, email, transmit or otherwise make available any material that:
    1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
    2. You do not have a right to make available under any law or under a contractual relationship;
    3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
    4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user's privacy; or
    6. contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
  5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
  7. collect or store personal data about other users or viewers;
  8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the ZenHub Services; or
    1. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the ZenHub Services or any software provided as part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

License of Content

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content as needed to provide the ZenHub services. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

End User License

Except for User Content, the Website, Services, and the information and materials contained therein, are the property of ZenHub and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, ZenHub grants you a non-transferable, non-exclusive, license to (a) use the Website and the Services (the “License”). Nothing in the Terms gives you a right to use the ZenHub names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website and/or the Services.

Feedback

If you provide ZenHub with any suggestions, comments or other feedback relating to any aspect of the Website, and/or Services (“Feedback”), ZenHub may use such Feedback in the Website, Services or in any other ZenHub products or services (collectively, “ZenHub Offerings”). Accordingly, you agree that: (a) ZenHub is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to ZenHub, (c) ZenHub (including all of its successors and assigns and any successors and assigns of any of the ZenHub Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any ZenHub Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from ZenHub or any other person in respect of the Feedback.

Availability

We use commercially reasonable efforts to make the Services available on a 24x7 basis (twenty-four hours per day, seven days per week), except for: (i) scheduled system back-up or other on-going maintenance as required by ZenHub, and of which notice will be provided to Client, or (ii) for any unforeseen cause beyond ZenHub's reasonable control, including but not limited to, internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majeure events set forth in this Terms of Service.

Termination

ZenHub may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website, Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or any other agreement that you may have with ZenHub (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to ZenHub), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Website, Services (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website and/or Services may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by ZenHub in its sole discretion and that ZenHub shall not be liable to you or any third-party for any termination of your access to this Website and/or Services or for the removal of any of the materials uploaded by you to the Website and/or Services. Any termination made by ZenHub shall be in addition to any and all other rights and remedies that ZenHub may have.

DISCLAIMER OF REPRESENTATIONS

THE WEBSITE, SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” ZENHUB SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. ZENHUB DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND ZENHUB SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. ZENHUB WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ZENHUB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF ZENHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZENHUB'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID ZENHUB IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD ZENHUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS.

General

These Terms, together with our Privacy Policy, and any payment obligations by you, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by ZenHub. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of ZenHub to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by ZenHub must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without ZenHub's prior written consent. ZenHub may assign these Terms to anyone for any reason.

Changes to these Terms

If we make material changes to our Terms of Service, we will notify you by email or by posting a notice on our site or blog. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://zenhub.com/terms

Last updated: September 24, 2014