Effective date: October 28, 2021
Thank you for using SplineCloud! Please read carefully this Terms of Service agreement before accessing or using SplineCloud, we have tried to make it as short and clear as possible.
1. Definitions - Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
2. Account Terms - These are the basic requirements of having an Account on SplineCloud.
3. Acceptable Use - These are the basic rules you must follow when using your SplineCloud Account.
4. User-Generated Content - You own the content you post on SplineCloud and you are responsible for it. However, we ask you to grant us some rights so we can provide services to you.
5. Copyright Infringement - This section talks about how SplineCloud will respond if you believe someone is infringing your copyrights on SplineCloud.
6. Intellectual Property Notice - This describes SplineCloud's rights in the website and service.
7. API Terms - These are the rules for using SplineCloud's APIs, whether you are using the API for development or data collection.
8. Alpha and Beta Versions - These are some of the additional terms that apply to SplineCloud's features that are still in development.
9. Payment - We take no fee for open content.
10. Cancellation and Termination - You may cancel this agreement and close your Account at any time.
11. Communications with SplineCloud - We only use email and other electronic means to stay in touch with our users. We do not provide phone support.
12. Disclaimer of Warranties - We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
13. Limitation of Liability - We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
14. Release and Indemnification - You are fully responsible for your use of the service.
15. Changes to these Terms of Service - We may modify this agreement, but we will give you 30 days' notice of material changes.
16. Miscellaneous - Please see this section for legal details.
We use these basic terms throughout the agreement, and they have specific meanings.
1.1. An "Account" represents your legal relationship with SplineCloud. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on SplineCloud.
1.2. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the SplineCloud Privacy Statement) and procedures that we may publish from time to time on the Website.
1.3. "Alpha", "Beta" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
1.4. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
1.5. “SplineCloud,” “We,” and “Us” refer to SplineCloud, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
1.6. The “Service” refers to the applications, software, products, and services provided by SplineCloud, including any Alpha or Beta.
1.7. “The User”, “You”, and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions.
1.8. The “Website” refers to SplineCloud’s website located at SplineCloud.com, and all content, services, and products provided by SplineCloud at or through the Website. It also refers to SplineCloud-owned subdomains of SplineCloud.com.
A human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
Legal entities. The "owner" of an Account that was created for a legal entity under these Terms has ultimate administrative control over that Account and the Content within it. There must be only one User Account associated with a legal entity it represents. If you are the owner of such account, we consider you responsible for the actions that are performed on behalf of that legal entity
You must provide a valid email address in order to complete the signup process, along with your displayed name. Any other information requested, such as your real name, is optional.
We have a few simple rules for User Accounts on SplineCloud's Service.
You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
One person or legal entity may maintain no more than one free Account.
Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
You are responsible for keeping your Account secure while you use our Service. - You are responsible for all content posted and activity that occurs under your Account. - You are responsible for maintaining the security of your Account and password. SplineCloud cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. - You will promptly notify SplineCloud if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
SplineCloud hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.
You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or SplineCloud terms or policies.
You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other SplineCloud Users — certain legal permissions, listed in Sections 4.4 — 4.7. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Sections 4.4 — 4.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; process and store parts of Your Content; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users.
This license does not grant SplineCloud the right to sell Your Content. It also does not grant SplineCloud the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content.
Any User-Generated Content you post publicly, including comments and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and copy your repositories.
Your public data and repositories are viewed publicly, and you grant each User of SplineCloud a nonexclusive, worldwide license to use, display, and perform Your Content through the SplineCloud Service and to reproduce Your Content solely on SplineCloud as permitted through SplineCloud's functionality. You may grant further rights if you add a licence statement to your repository Wiki. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other SplineCloud Users.
Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section 4.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant SplineCloud the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
If you believe that content on our website violates your copyright, please contact us by emailing email@example.com. We will notify the Account owner responsible for copyright infringement about your claim and ask to remove such content from SplineCloud. In case of no response and no action is performed in 14 days SplineCloud will restrict access or remove the repository with the infringed Content. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers of this policy.
We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
SplineCloud logos represent only SplineCloud and should not be used to represent your products. However you may freely use our logos in your creative content as a reference to our Service.
This Agreement is a modified version of GitHub's User's Agreement and is licensed under the Creative Commons Zero license.
You agree to these Terms of Service, plus this Section 7, when using any of SplineCloud's APIs (Application Provider Interface), including use of the API through a third party product that accesses SplineCloud.
Abuse or excessively frequent requests to SplineCloud via the API may result in the temporary or permanent suspension of your Account's access to the API. SplineCloud, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed SplineCloud's rate limitations.
You may not use the API to download data or Content from SplineCloud for spamming purposes, including for the purposes of selling SplineCloud users' personal information, such as to recruiters, headhunters, and job boards.
All use of the SplineCloud API is subject to these Terms of Service and the SplineCloud Privacy Statement.
SplineCloud may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of SplineCloud's Service.
Alpha or Beta versions of the Service or its components may not be supported in the future and may change at any time. Such services are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Alpha or Beta versions of SplineCloud or its services, you use it at your own risk.
We’re always trying to improve of products and services. We'd appreciate your feedback or help to make our early versions better. In case you have suggestions or noticed bugs, please email about them to firstname.lastname@example.org. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that SplineCloud will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
Current version of SplineCloud is free to use. Future releases may incorporate additional services (like Private repositories) that will be available for a monthly fee. With new releases this section may change.
You may close your Account at any time. If you do, we'll treat your information responsibly.
It is your responsibility to properly cancel your Account with SplineCloud. You can cancel your Account at any time by going into your Settings in the Profile navigation bar. The Settings screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
Upon account cancellation all your repositories will be removed from our servers. Consider, that in the case of Account termination others who use your data will loose access to it, however this may change in future releases. The content of your repositories and your personal data can not be recovered once your Account is cancelled.
SplineCloud has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. SplineCloud reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We use email and other electronic means to stay in touch with our users.
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Communications made through email or SplineCloud Support's messaging system will not constitute legal notice to SplineCloud or any of its officers, employees, agents or representatives in any situation where notice to SplineCloud is required by contract or any law or regulation. Legal notice to SplineCloud must be in writing and served on SplineCloud's legal agent.
SplineCloud only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
Currently the ability of our support team is limited. You may receive a late response or no response from our support to your enquiries. We hope to improve our support operations in future.
We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
SplineCloud provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
SplineCloud does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
the use, disclosure, or display of your User-Generated Content;
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release SplineCloud from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that SplineCloud (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases SplineCloud of all liability); and (3) provides to you all reasonable assistance, at your expense.
We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your SplineCloud account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
SplineCloud may assign or delegate these Terms of Service and/or the SplineCloud Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section 4.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of SplineCloud to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
This Agreement may only be modified by a written amendment signed by an authorized representative of SplineCloud, or by the posting by SplineCloud of a revised version in accordance with Section 15. Changes to These Terms. These Terms of Service, together with the SplineCloud Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and SplineCloud relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact us.