At CodeShip, we like our Terms of Service (the “Terms”) to be much like our software: clean, simple, direct and easy to use.
However, our lawyer (aka “The Law”) tells us we could potentially run into trouble if we don’t provide our users with detailed information regarding the terms upon which we offer you access to our website as well as to the CodeShip services. And The Law is usually right about this sort of thing. (Usually ….) So we’ve tried our best to be as simple, transparent and coder-friendly as possible in the below Terms. If you have input or suggestions, please let us know at firstname.lastname@example.org; we’d love to hear your ideas on how to improve our service through future updates. If we do update the Terms, we’ll notify you and, of course, you are encouraged to revisit these Terms often so you’re familiar with your rights and responsibilities as a user of the CodeShip services.
To make it easier for you (and for us, frankly) to review and understand these Terms, we’ve provided you with two versions: one is The Law’s official Terms, and the other is our plain-English attempt to summarize key points from The Law’s official version. Bear in mind, however, that The Law’s wording is the only one that binds, and the only terms upon which we can offer – and upon which you can accept – the CodeShip services. Our plain-English summaries are for convenience only and are not intended to control or affect the meaning or construction of any of The Law’s provisions of these Terms, and in the event of any conflict between the two, The Law wins. (As usual.)
The web pages available at CodeShip.com, CodeShip.io and other sites related to the CodeShip name, mark or brand (including all sites owned, operated or otherwise used by CodeShip related to the CodeShip Services) and all pages linked thereto (collectively the “Site”), as well as the CodeShip Services (as defined below) offered to, and provided for, CodeShip Customers (as defined below) are provided by CodeShip Inc., a Delaware corporation (“CodeShip”), under license from Railsonfire Limited, a limited company organized and existing under the laws of England and Wales (“CodeShip UK”), and is accessed by you strictly under conditions provided for in these Terms.
If you are browsing, using or registering on behalf of a business, you represent to CodeShip that you have the authority to bind that business and that your acceptance of these Terms will be treated as acceptance by that business.
By browsing our website and/or subscribing for (and using) the services offered or made available through our Site, you agree to these Terms. If you don’t wish to be bound by these Terms, then do not browse our site or subscribe for or use any of the services we offer through the Site. If that’s the case, then run away. Don’t walk. Run. And thanks for visiting.
This Site offers access to CodeShip’s proprietary tools (as described herein and variously throughout, the “CodeShip Services”) that provide subscribers a simple, seamless method for automatically and continuously deploying and testing software applications, updates and integrations in a virtual hosted environment.
In addition to the CodeShip Services itself, this Site also features general information (“General Site Information”) we believe may be helpful or of interest to software developers and other members of the CodeShip community, as well as information about the CodeShip Services (“Services Information”). General Site Information and/or Services Information may consist of (without limitation) blog entries, tutorials, testimonials, software descriptions, user-generated content, messages, information, data, graphics, news articles, photographs, images, illustrations, software and other such content .
In addition to any other term or condition herein, your access to and use of the Site and/or the CodeShip Services, including your access to General Site Content and Services Information and/or use of the CodeShip Services, may be interrupted from time to time as a result of equipment malfunction, updates, maintenance, repair or any other reason within or outside of CodeShip’s immediate control. CodeShip reserves the right to suspend or discontinue the availability of the Site or Services and/or any content provided thereupon and/or display or remove any General Site Content or Services Information at any time in its sole discretion and without prior notice.
Through our Site, you can learn about continuous automated deployment and hosted testing, check out our product offerings, and subscribe to one of our subscription plans. If you are a subscriber, then you’ll also be able to set up and run your deploys and tests through the Site. So if that’s what you’re here for, then you’re in the right place.
Even though we do our best to ensure your access to, and use of, any of the Site content or services or features accessible through the Site, things can and sometimes do go wrong. (We don’t think they will, but you never know ….) If that happens, please don’t get mad at us. Just send us a polite notice and we’ll do our best to fix it as soon as we can. Thank you.
It is not necessary to register on the Site solely to access General Site Content. Any individual who wishes to browse the Site for General Site Content (a “Browsing User”) may access the General Site Content (and, where applicable, may submit certain user-generated content to the Site if such feature is made available), provided that any Browsing User must, as a condition to accessing General Site Content or Services Information, accept these Terms and comply with the obligations described herein (such acceptance to be evidenced by your ongoing use of the Site).
Certain areas, parts and features of the Site are only available to persons who have registered on the Site (a “Registered User”). To become a Registered User, you may either (a) create a new user profile by providing CodeShip with certain information about yourself, or (b) register using existing login details used by certain other software development and repository websites with which we have pre-existing agreements. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows (see below).
If you wish to register by creating a stand-alone new user profile, you must provide us with a unique username, password and a valid email address, and you agree that all such information (the “Registration Information”) is true, accurate and complete as of the time when registration occurs. You also agree to provide us with any updates to the Registration Information as may be required to ensure such information continues to be accurate. Failure to provide such information will constitute a breach of these Terms and may result in the immediate termination of your account.
If you wish to register by using existing login information from other websites for which such login sharing is permitted on the Site, you expressly authorize CodeShip to receive, and for CodeShip to share, certain of your information that is available on or through your CodeShip and/or other account, including, without limitation, your profile information and certain other information that will be disclosed to you during the registration process.
You may not use a username that is the name of another person or entity or that is not lawfully available for use, nor may you use a name or trade mark that is protected or subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and activities conducted through your CodeShip account.
Registration is only available to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site (and to register) by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
The CodeShip Services are provided solely to Registered Users who subscribe to use such CodeShip Services (each such subscribing Registered User, a “Subscriber User”) under one of the subscription plans offered on the Site, and who have agreed to, and abided by, the terms and conditions underlying the plan for which the Subscriber User has subscribed, as well as these Terms. Any Subscriber User’s non-compliance or failure to perform or adhere to any of the terms and conditions underlying the selected plan or these Terms shall be deemed a material and fundamental breach of the terms under which such CodeShip Services are offered; in the event of such breach, CodeShip may, at its sole discretion, elect to terminate any agreement for provision of the CodeShip Services immediately, and without prejudice to any other remedy to which it may be entitled under law or equity.
To subscribe for the CodeShip Services and become a Subscriber User, you must (a) register on the Site (if you have not done so already), (b) (if you are the Primary Subscriber User) select the desired subscription plan from the options offered on the Site or (if you are an authorized user under a Primary Subscriber User’s subscription plan) provide the primary account Subscriber User identification information , and (c) provide CodeShip with certain requested information, including payment information.
If your Subscriber User plan allows for multiple logins, the primary Subscriber User responsible for subscription and payment (the “Primary Subscriber User”) may create separate logins for as many people as your plan allows (provided that multiple users may not share the same login). Each individual login user must comply with the terms applicable to Registered Users detailed above. Following creation of each separate login, each individual for whom a login is created shall be deemed a Subscriber User for all purposes under these Terms, except for terms related to payment and cancellation, which shall apply solely to the Primary Subscriber User.
Any Browsing User, Registered User or Subscriber User shall be considered a “User” for purposes of these Terms.
You don’t necessarily have to register if you only wish to browse the Site. But if you don’t register, you won’t be able to use our fabulous CodeShip Services. And our magic elves will be sad.
All it takes to register is a unique username and password, plus a valid email address. Or alternatively, you can use login information you’ve used with certain other service providers with which we have agreements in place (e.g. GitHub, Bitbucket, etc.).
If you want to subscribe for CodeShip Services (and why wouldn’t you?), then you’ll also need to provide us with payment information so we can get you on board. That will make our magic elves very happy.
Certain General Site Content allows for user comments. Any such comments are the sole responsibility of the author,, and you acknowledge and agree that you, and not CodeShip, are entirely responsible for any comments you post or submit. CodeShip does not control such comments and, as such, does not guarantee the accuracy, integrity or quality thereof. You understand that by using the Site you may be exposed to User comments you may find to be offensive, indecent or objectionable.
As a condition of use, you promise not to submit any comments on the Site, or to use the CodeShip Services for any purpose, that is unlawful, infringing, impermissible (by contract, law, regulation or otherwise) or prohibited by these Terms, or for any other purpose not reasonably intended by CodeShip. By way of example, and not as a limitation, you agree not to use your access to the Site or the CodeShip Services:
to abuse, harass, threaten, impersonate or intimidate any person;
to post or transmit, or cause to be posted or transmitted, any General Site Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person, or that circumvents (or is intended to circumvent) existing limitations on publication or public dissemination;
for any purpose (including posting or viewing General Site Content) that is not permitted under the laws of the jurisdiction where you access the Site;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;
to create or transmit unwanted ‘spam’ to any person or any URL;
to post copyrighted General Site Content which doesn’t belong to you, with exception of blog posts, where you may post such General Site Content with explicit credit to the source material or original author’s name and a link to the original source material;
to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
take any action (or cause that any such action is taken) that (i) imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interferes or attempts to interfere with the proper working of the Site, the CodeShip Services or any activities conducted on the Site or provided by the CodeShip Services; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
to advertise to, or solicit from, any user to buy or sell any products or services not directly included as CodeShip Services, or to use any information obtained from the Site (including the CodeShip Services) in order to contact, advertise to, solicit, or sell to any User;
to promote or sell General Site Content of any other person or User (including, without limitation, General Site Content provided by Codeship);
to sell or otherwise transfer your User profile or account.
This Site is home to a lot of different people from all over the world who come together over a shared interest in better software for better user experience. So in addition to information provided by CodeShip itself, you may also find certain General Site Content posted on the Site by Users for the benefit of the CodeShip community. Please respect the rights of CodeShip and all Users by not copying, distributing or publishing any General Site Content or Services Information that isn’t your own work of authorship.
In addition, please don’t post pornographic, harassing or other crazy / annoying stuff on the Site, and please don’t use our Site to harass people, send spam, advertise or sell your own stuff, or any of the other annoying things we’ve all seen elsewhere on the Web.
In short: Be reasonable and responsible, don't do anything stupid and you'll be fine. Thanks.
The CodeShip Services include proprietary testing and deployment tools designed to assist software developers to seamlessly test, deploy and integrate new software code into existing environments. In order to do so, CodeShip requires each Subscriber User to grant it a limited license to perform certain actions with respect to any code submitted through the Site for review and testing through the CodeShip Services, as described below:
Prior to using the CodeShip Services, a Registered User must select a desired subscription plan from one of the plans offered on the Site, terms and details of which are included in each plan description. Once a plan is selected and payment information is entered and processed, the Registered User becomes a Subscriber User. By becoming a Subscriber User, you signify your acceptance of all terms applicable to Subscriber Users (including, without limitation, the license grant terms, payment terms and other provisions within these Terms), as they may be amended by CodeShip from time to time in its sole discretion. If you do not agree to any portion of these Terms (or if your actions are not in compliance with the your obligations hereunder), you will not be able to subscribe to the CodeShip Services, and your only remedy is to stop using the CodeShip Services.
Each Subscriber User will be asked to configure the Subscriber User’s individual account and dashboard to provide CodeShip with the necessary information required to perform the CodeShip Services. This configuration process includes identifying the location of, and path to, the Subscriber User’s source code management system in order for CodeShip to have access to the Subscriber User’s code. Certain Subscriber Users who provide CodeShip with access through certain third-party source code management systems (e.g. GitHub, Bitbucket, etc.) must comply with the terms and conditions provided by those third-party systems as well as with these Terms.
Once configured, each Subscriber User’s dashboard is designed to allow for the submission of any source code the Subscriber User wishes to subject to the CodeShip Services by identifying any new and/or modified code entered into the Subscriber User’s designated code management system. Each Subscriber User’s individual dashboard includes instructions for code submission.
The CodeShip Services are designed to detect each new code version submitted by a Subscriber User and, upon detection, a copy (or a “pull”) of the new or updated source code is made, with the copy temporarily stored on CodeShip’s servers within a “virtual machine” environment. CodeShip then performs a custom build for each source code copy deposited within the virtual environment and, once completed, the source code is tested using CodeShip’s proprietary diagnostic and testing tools and the results are collected and made available to the Subscriber User. Once testing is completed and results are made available, the virtual machine is stopped, any changes made to the virtual machine are removed from the CodeShip servers and the copy of the source code made at the outset of the process is removed from the CodeShip servers.
*IMPORTANT NOTE FOR SUBSCRIBER USERS:
ONCE THE BUILD AND TESTING IS COMPLETED, WE DO NOT RETAIN ANY OF YOUR SUBMITTED CODE; IT (AND ANY CHANGES TO OUR VIRTUAL MACHINE) IS IMMEDIATELY REMOVED FROM OUR SERVERS ONCE TESTING IS COMPLETE. TO THE EXTENT YOU GRANT CODESHIP ACCESS TO YOUR CODE REPOSITORY OR OTHER SYSTEM FOLDERS (E.G. PRODUCTION OR STAGING ENVIRONMENT), SUCH ACCESS SHALL AVAIL ITSELF OF SUCH ACCESS SOLELY FOR PURPOSES OF PERFORMING THE CODESHIP SERVICES AND SOLELY FOR THE DURATION OF THE REQUIRED BUILD.
In order to undertake and effect the actions described in the above detailed description of the CodeShip Services, each Subscriber User, upon submitting any source code (or any update or modification to source code previously submitted) for purposes of using the CodeShip Services for testing and deployment thereof, hereby grants to CodeShip (and its successors, assigns and affiliates, if any) a worldwide, non-exclusive, royalty-free, fully paid license to reproduce, host, store, modify and transmit the submitted source code solely for the purpose of performing the actions required to undertake and effect the CodeShip Services as described and requested with respect to the submitted source code. With respect to each license grant made by a Subscriber User at each source code submission, such license shall terminate and be of no further force and effect upon completion of the build, test, deploy and results cycle undertaken by the CodeShip Services with respect to the submitted source code. Your assent to these Terms (as indicated by your use of the Site and/or subscription to the CodeShip Services) shall be deemed to be an assent to such license grant when, as and if required where any such test is performed by CodeShip.
In connection with each license grant made by a Subscriber User pursuant to the above, the Subscriber User:
acknowledges that after submitting any source code (including any updates, modifications or edits to previously submitted source code) for review and testing with the CodeShip Services, the Subscriber User retains full and identical rights in and to source code which such Subscriber User may have owned or held prior to submitting, and no conveyance or assignment (other than the license grant described above) is intended to be effected nor shall actually be effected by submitting the content;
represents and warrants that he, she or it: (i) is the owner or rights holder of all necessary rights to effect the license grant described above, including any and all copyrights in and to the submitted source code; (ii) has the full and complete right to agree to these Terms and to grant the license described above, and no further permissions are required from, nor payments required to be made to, any other person in connection with the actions taken in furtherance of the CodeShip Services; and (iii) is not aware that any portion of the submitted source code infringes, or is likely to infringe, the rights (including, without limitation, rights of copyright, privacy or publicity; moral rights; or other intellectual property rights) of any person, or violate any law, regulation, ordinance, statute or judicial or governmental order.
If you wish to subscribe to use the CodeShip Services, you’ll need to give us access to your source code so we can pull it into our virtual machine where our magic elves will test and simulate deployment and integration into your existing framework. That means we’ll need a license. Don’t worry, though – we will never use your code for anything other than to check it with our testing tools, and as soon as the tests are completed and you have the results, we remove everything from our servers and send our elves back home from whence they came.
In addition to granting CodeShip the license above, in order for CodeShip to complete the automated deployment portion of the CodeShip Services, a Subscriber User must also grant CodeShip access to its hosting environment, where following testing and verification of the submitted code, CodeShip will deploy the verified code into the hosting environment.
CodeShip agrees to use such access solely to deploy code to which you have granted it access under the prior license agreement, and solely to deploy tested and verified code. CodeShip shall not be responsible for any bugs, worms, viruses or dysfunctional code (collectively, “Bugs”) deployed therein to the extent such Bugs were unknown or unknowable to CodeShip at the time such code was supplied to CodeShip for testing. In addition, to the extent any such code, whether or not modified by the Subscriber User following deployment by CodeShip, causes any failure in functionality of a Subscriber User’s product or service, whether directly or indirectly, CodeShip shall not be liable for any such failure of functionality, as further specified in the Limitation of Liability paragraph below.
A Subscriber User’s assent to these Terms (as indicated by its subscription to the CodeShip Services) shall be deemed to be an assent for CodeShip to access the Subscriber User’ hosting environment for the sole purpose of deploying the verified portions of code into the environment, and for no other purpose.
IMPORTANT LIMITATION ON LIABILITY:
CODESHIP SHALL NOT BE LIABLE FOR ANY SUBSCRIBER USER’S LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) ARISING OUT OF THE PERFORMANCE OR UNDERTAKING OF THE CODESHIP SERVICES (INCLUDING, WITHOUT LIMITATION, THE RETRIEVAL, TESTING, VERIFICATION OR DEPLOYMENT OF ANY CODE SUBMITTED FOR TESTING AND/OR DEPLOYMENT), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL CODESHIP’S TOTAL AGGREGATE LIABILITY TO A SUBSCRIBER USER EXCEED THE AMOUNT ACTUALLY PAID BY SUCH SUBSCRIBER USER FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, CODESHIP’S AGGREGATE LIABILITY TO A SUBSCRIBER USER IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE $20. You agree that the limitations set forth above will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Pulling in your code from your repository is only half the magic. Once our magic elves test the code in its virtual environment, and assuming it checks out clean, they automatically deploy the verified code into your hosting environment. We’ll say it again: “It’s automatic …. You don’t have to do anything more.” Ahhh … that’s the magic of our little elves.
However, in order to be able to do this, we need access to your hosting environment, obviously. We promise to use the access solely to deploy the code to which you’ve granted us access, and we will only deploy code which (i) you want us to test (as indicated by its presence in the your code repository to which you’ve granted us access), and (ii) we’ve verified via our tests through our virtual environments.
With all that said, however, we can’t be responsible for any glitches or bugs which may arise following deployment. It rarely happens, of course, but software development is a complicated business, and even the best developers sometimes encounter glitches. If it happens, please let us know as soon as possible and our magic elves will do their best to resolve the issue as soon as possible.
To subscribe for or otherwise obtain paid CodeShip Services on or through the Site, you must provide certain information confirming your identity and authenticity of payment. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. CodeShip sells its products only to those users who can legally make purchases with a credit card or other form of payment accepted by CodeShip. If you are under 18 years of age, you may conduct transactions on or through the Site only with the involvement of a parent or guardian. CodeShip reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. In the event that CodeShip terminates your account for good reason due to a negligent breach or other violation of these Terms, products and services purchased may be forfeited without any right to receive a refund.
CodeShip accepts various forms of payment, as set forth on the Site from time to time. CodeShip may also allow you to pay for the CodeShip Services through the account that you hold with certain third-party sites. By logging into the Site with the log-in credentials you have set up on Heroku, Braintree or other third-party providers with whom CodeShip maintains certain affiliate agreements (each, a "Third-Party Affiliate"), you authorize such Third-Party Affiliate to share your payment information collected by such Third-Party Affiliate with CodeShip, and you authorize CodeShip to obtain such payment information, for the purpose of allowing you to utilise the applicable Third-Party Affiliate payment method for purchase of CodeShip Services. You further acknowledge that by providing a payment method to CodeShip, you authorize CodeShip to share that payment information with designated Third-Party Affiliates, and you authorize such Third-Party Affiliates to obtain that payment information, for the purpose of allowing you to utilise the applicable CodeShip payment method on the Third-Party Affiliate’s services. By subscribing for a service or otherwise submitting an order for other paid services available through the Site, you authorize CodeShip, or its designated payment processor, to charge the account that you specify for the purchase amount. If CodeShip does not receive payment from your designated payment account, you agree to pay all amounts due upon demand by CodeShip. All payments are to be made in the currency in which your order is placed. For credit card purchases, CodeShip may seek authorisation of your credit card or other payment format to validate your ability to charge the fees to access the applicable product or services prior to the first purchase. The authorisation amount is typically $1, but may vary. This authorisation is not a charge but may reduce your available credit by the authorisation amount until your bank’s next processing cycle.
CodeShip offers several different subscription plans, depending on how much you intend to use our services. The plan details are described on the Site. We may even offer a free (that’s right – we said FREE!) trial plan to convince you of our awesomeness.
Whenever you subscribe for a plan, we require you to provide us with payment information so we can, you know, get paid. We accept a number of different payment methods, including payment through accounts you’ve previously set up with other third-party providers (e.g. Heroku, perhaps others). If you choose to pay via the latter method, then you authorize CodeShip to retrieve this payment information from the other provider.
You can always cancel your subscription, but we sincerely hope you don’t. And we can always stop providing the CodeShip Services, but we double-sincerely hope we don’t.
By subscribing to the CodeShip Services (and one of the corresponding CodeShip subscription plans), you authorize CodeShip to charge the applicable recurring subscription fees to your designated billing payment method. In some cases, when you subscribe to a free trial of the CodeShip Services (and one of the corresponding CodeShip subscription plans), you will be asked to authorize, and by accepting these Terms you hereby expressly authorize, CodeShip to charge the applicable recurring subscription fees to your designated billing payment method upon the expiry of the free trial. When you initially subscribe to the CodeShip Services, you will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription tier. When you initially subscribe to a free trial of the CodeShip Services, you will be not charged for the initial term of the free trial. Unless you notify CodeShip of your decision to terminate your subscription or, in some cases, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee. You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiry of an applicable free trial) on your applicable billing date (the “Charge Date”) (e.g. on a particular date each month for a monthly subscription). If, however, the activation date of your subscription (or, in some cases, your free trial) is on the 29th, 30th or 31st day of a month and your Charge Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month that payment is due, your Charge Date for that particular renewal (or initial term, in the case of a renewal following the expiry of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Charge Date applies to the subscription period immediately following the Charge Date (e.g. a charge for a monthly subscription applies to the month immediately following the Charge Date). Your account may be deactivated without notice to you if payment is past due, regardless of the amount. If CodeShip deactivates your account, you may lose all of your collection data, history and other account usage information. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on your Subscriber User dashboard.
By subscribing to one of our plans, you’re authorizing CodeShip to charge you the subscription rate via the payment method you’ve indicated in your sign-up. Makes sense, yeah?
In most cases, if you subscribe to a free trial of the CodeShip Services, your trial subscription will automatically expire at the expiry of the trial period unless you affirmatively subscribe for a paid subscription prior to the expiry date. If you have not provided CodeShip with billing information previously, you will need to do so at that time. If your trial subscription expires and you do not subscribe to a paid subscription, you will still be able to access the CodeShip Site and use some of its features as a Registered User, but not as a Subscriber User. However, in some cases, if you subscribe to a free trial of the CodeShip Services, your trial subscription will automatically renew at the expiry of the trial period in accordance with the terms above unless you affirmatively terminate your subscription prior to the renewal date.
To cancel an ongoing subscription, please follow the process set forth in your account settings on your User Subscriber dashboard. Once you have cancelled your subscription, CodeShip will stop billing your applicable payment method unless and until until you re-subscribe. All of the fees paid and charges made prior to termination are non-refundable, and accordingly, if you pay for the Codeshp Services pursuant to a monthly subscription, all subscription amounts previously paid (including the subscription amount for the month in which the cancellation occurs), shall be non-refundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges. You agree that CodeShip, in its sole discretion, with or without prior notice, may freeze or terminate your use of the subscription service for any reason, including, without limitation, if CodeShip believes that you have not complied with your obligations under these Terms. CodeShip may also in its sole discretion, and at any time, modify or discontinue providing the CodeShip Services, or any part thereof, with or without notice. Additionally, you agree that CodeShip shall not be liable to you or any third-party for any interference with, or termination of, your access to the CodeShip Services.
Please don’t leave us!!
(But if you do, we understand, and we make it possible to discontinue your subscription. After all, if you love someone, let them go …. )
Trust is everything in this industry. And while we may joke about other things, your privacy is something we never, ever joke about. We’re extremely serious about data protection and privacy.
You understand that the processing and transmission of software code submitted to, tested by, verified by and deployed pursuant to the CodeShip Services may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that CodeShip will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for testing or deployment through the CodeShip Service.
Please read the following – it is an important disclaimer: The CodeShip Services and all information and materials provided through the Site are provided on an "as is" and "as available" basis without any warranty or condition, express or implied. To the maximum extent permissible under applicable law, CodeShip, and each of its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, specifically disclaim all implied warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement. Further, no warranties will be implied by any course of dealing or course of performance. CodeShip makes no representation or warranty that (i) the CodeShip Services will meet your expectations or requirements, (ii) the CodeShip Services will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the CodeShip Services will be accurate, timely, complete or reliable, (iv) any errors or defects in the CodeShip Services will be corrected or (v) the CodeShip Services and/or the servers that make the CodeShip Services available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the CodeShip Services may be interfered with by numerous factors outside of CodeShip’s control including, but not limited to, telecommunications network disruptions. CodeShip is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the CodeShip Services. You acknowledge that the entire risk arising out of the use, inability to use or performance of any of the CodeShip Services remains with you to the maximum extent permissible under law. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the CodeShip Services is to terminate your account and discontinue use of the CodeShip Services.
IMPORTANT if you reside in Germany:
For the avoidance of doubt, CodeShip does not disclaim warranties for intentional breach of duty or in case of purchase of software. This warranty disclaimer does not affect CodeShip’s liability for damage, as described above.
We try our best and stand behind our services, but you never know what sort of madness may take place that could well be outside of our control.
You agree to defend, indemnify and hold CodeShip and its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, together with their respective affiliates, successors, assigns, employees, consultants, agents, directors, officers, members and stockholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable lawyers’ fees and costs) that are attributable to your actions or fault and arise out of (i) your access, use or misuse of any of the Site or the CodeShip Services, (ii) your breach or alleged breach of these Terms, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of any of the Site or the CodeShip Services, including, without limitation, infringement of anyone else’s intellectual property rights or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information. Without limiting the foregoing, you acknowledge that certain countries may require you to pay a use, sales, consumption, value added or other tax in connection with your use of the CodeShip Services. The payment of any such tax, if required, is your responsibility. The foregoing indemnity obligations will apply to any damages CodeShip may incur in connection with your failure to pay any such tax.
If we get sued because of something you did (or are accused of doing), we reserve the right to seek indemnification from you. There’s a simple way to avoid this, of course: don’t do anything that would get you (or us) in trouble in the first place.
If you are accessing the Site, or using the CodeShip Services, in the United States, Canada, Australia or New Zealand, the following applies: These Terms will be governed by, and will be construed under, the laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes (other than those pursued in small-claims courts) arising out of or related to your use of the Site or the CodeShip Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, and you agree to submit to the personal jurisdiction and venue of such courts.
If you are accessing the Site, or using the CodeShip Services in any country within the European Union or otherwise outside the United States, Canada, Australia and New Zealand, the following applies: The laws applicable to the interpretation of these Terms of Service shall be the laws of England and Wales, without regard to any conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes (other than those pursued in small-claims courts) arising out of or related to your use of the Site or the CodeShip Services shall be resolved in the courts located in London, UK, and you irrevocably submit to the personal and exclusive jurisdiction of the courts located within London, UK for all disputes arising out of or related to your use of the Site or any of the CodeShip Services.
These Terms (and, specifically, the terms as stated by The Law in the really long section adjacent to these helpful notes we’re writing) constitute the entire agreement for how we offer the Site and CodeShip Services to you, and for how you agree to use the Site and CodeShip Services (including payment agreements).
In case there’s a dispute, the place to resolve it(and law under which it’s resolved) is either Massachusetts or England and Wales, depending on where you’re using the Site or CodeShip Services in dispute. Both are wonderful places to visit. Except when you’re suing (or being sued).
If you have any questions about these Terms or your rights or yours or CodeShip’s obligations relating to any of the Site or the CodeShip Services, please email us at email@example.com, or you may contact us by mail at: CodeShip Inc., 207 South Street., Boston, MA 02111, USA.
Our magic elves also answer questions from time to time. Don’t you wish they were yours?
17. April 2012:First version
23. September 2014: Second version (current)