CloudBees - Terms of Service
Last updated: July 28th, 2010
Acceptance of Terms
CloudBees, Inc (referred to here as "CloudBees") provides its Service (as defined below) to You through its web site located at www.cloudbees.com (the "Site"), subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.
CloudBees may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.cloudbees.com/company-TOS.cb. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
Description of Service
The "Service" includes (a) the Site, and all the services made available via the Site, in particular the on-demand Jenkins-as-a-Service (referred to here as "JaaS") system, the Repository management system, the Support, User Forums and Knowledge Base systems, and (b) all software, data, text, images, sounds, video, and content made available through the Site or Services, collectively referred to as the "Content". Any new features added to or augmenting the Service are also subject to this TOS.
General Conditions / Access and Use of the Service
Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to CloudBees. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with CloudBees, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows.
CloudBees reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.
You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to CloudBees's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. CloudBees will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.
The failure of CloudBees to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and CloudBees, even though it is electronic and is not physically signed by You and CloudBees, and it governs Your use of the Service and takes the place of any prior agreements between You and CloudBees.
CloudBees®, DEV@cloud™, RUN@cloud™, AnyCloud™, ClickStart™, ClickStack™ and CloudBees's various logos used or displayed on the Service are trademarks of CloudBees and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the CloudBees products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
Payment and Refunds
Trial and Payments. The JaaS service is composed of (a) a set of general services made available on a pay-as-you-go basis and charged at the start of Your elected subscription term (generally monthly, quarterly or annually), including a Jenkins master instance, Forge services and the provision of Jenkins build agents instances and (b) a Jenkins-based job execution service (referred to here as "Jenkins usage") available on-demand and charged according to the actual usage time of this service and the type of build agent instance being used. Customers may choose to first subscribe to our special Trial plan that includes a seven-day free Dev+ subscription and up to seven hours of Jenkins usage. If you reach the seven-hour limit before the end of the Trial period, you will be redirected to our Account management service where you will be able to confirm that you accept to be charged for any additional time of Jenkins usage until the end of the seven-day Trial subscription. If you do not accept to be charged, Your account will be suspended and can only be reactivated by subscribing to either our Dev or Dev+ plans.
Beta Programs. During limited periods of time, CloudBees offers on its web site the opportunity to register for various Beta programs. Such programs allow companies or individuals to use new CloudBees offerings before their official General Availability (GA) date. It also allows CloudBees to collect user feedback prior to the GA date of a new offering. Such programs are by invitation only. Therefore, registering for a Beta program does not guarantee a participation in the program. Following registration, if a company or an individual is selected by CloudBees to join a specific Beta program, CloudBees sends an invitation email including the program's financial terms as well as practical information on how to get started or any other elements specific to the program. Each Beta program is made available for an undefined duration and might be terminated by CloudBees at any time, with a one-week notice.
Plan and Price Changes. If you choose to upgrade Your plan during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, Your credit card will automatically be charged the adjusted rate on Your next billing cycle subsequent to the pro-rating billing. Regardless of Your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and CloudBees does not accept any liability for such loss. Prices of all CloudBees plans and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time.
Credit Card Billing, Receipts and Privacy. The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. CloudBees provides an interface for the account owner to change credit card information (e.g., upon card renewal). CloudBees uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for CloudBees. Please visit http://www.cloudbees.com/company-privacy.cb to understand how CloudBees collects and uses personal information.
Cancellation and Termination
You are responsible for properly cancelling Your account by sending a request to email@example.com. We will then contact Your account administrator and require a confirmation by replying to our email. There are no other means of cancelling Your account. You will lose access to all of Your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If You cancel the Service before the end of Your current paid-up subscription period, your cancellation will take effect immediately and You will not be charged again. You will only be charged for the existing usage fees of Your account, if any.
CloudBees reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if CloudBees believes that You have violated these TOS. CloudBees will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. CloudBees shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND CLOUDBEES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT CLOUDBEES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM CLOUDBEES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL CLOUDBEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, CLOUDBEES SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Some U.S. states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, CLOUDBEES'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CloudBees may assign or transfer this TOS, in whole or in part, without restriction.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
These TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware for the purpose of resolving any dispute relating to Your access to or use of the Service.