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Jetty Platform - Terms of Use

These Standard Terms of Use (the "Terms") govern your access to and use of the Jetty platform (the "Platform"), including all related features, services, applications, and documentation (the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

1. Provision of Services

1.1 Access and License

Subject to your compliance with these Terms, Jetty grants you a non-exclusive, non-transferable, revocable license to access and use the Platform and Services for your internal business purposes. This license is limited to the subscription tier and usage limits specified in your order form or through the Platform's self-serve process (the "Subscription").

1.2 Usage Limits

Your use of the Services is subject to the usage limits corresponding to your Subscription tier (e.g., traces per month, data retention period, number of seats). You agree to monitor your usage and ensure it remains within the defined limits. Jetty reserves the right to charge overage fees or suspend Services for exceeding limits as set forth in the pricing agreement.

1.3 Service Levels

Jetty will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned maintenance. Jetty does not guarantee uninterrupted or error-free operation of the Services.

2. Your Responsibilities and Account

2.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including usernames and passwords, and for all activities that occur under your account. You agree to notify Jetty immediately of any unauthorized use of your account.

2.2 Acceptable Use

You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. Prohibited activities include, but are not limited to:

  • Attempting to circumvent or disable any security or usage rules embedded in the Services.
  • Interfering with the normal operation of the Platform.
  • Uploading or transmitting any data that contains viruses or malicious code.
  • Using the Services to store, transmit, or process data in violation of applicable laws or third-party rights.

3. Data and Intellectual Property

3.1 Your Data

You retain all right, title, and interest in and to all data, content, and information submitted or generated by you through the Services ("Your Data"). You grant Jetty a worldwide, non-exclusive, royalty-free license to use Your Data only as necessary to provide the Services, including training, testing.

3.2 Jetty IP

Jetty retains all right, title, and interest in and to the Platform, Services, and any intellectual property rights therein, including but not limited to, the software, algorithms, documentation, and all automated suggestions or Pull Requests generated by the Platform ("Jetty IP"). Your use of the Services does not grant you any ownership rights in the Jetty IP.

4. Fees and Payment

4.1 Fees

You agree to pay all fees associated with your Subscription as described on the Service's pricing page or in the applicable order form. Unless otherwise specified, all fees are non-refundable.

4.2 Payment Terms

Payment for self-serve tiers is typically due upon renewal of the billing cycle. For custom or enterprise subscriptions, payment terms are as defined in the separate agreement. Failure to pay fees when due may result in the suspension or termination of your Subscription.

5. Term and Termination

5.1 Term

These Terms begin on the Effective Date and remain in effect until your Subscription is terminated or expires.

5.2 Termination

Either party may terminate these Terms and the Subscription if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice. Jetty may suspend or terminate your access immediately if you breach Section 2 (Your Responsibilities and Account) or Section 4 (Fees and Payment).

5.3 Effects of Termination

Upon termination, your right to access the Services will cease immediately. Jetty will retain Your Data for a reasonable period to allow for retrieval, typically up to thirty (30) days, after which it may be deleted in accordance with Jetty's standard data deletion policies.

6. Warranties and Disclaimers

6.1 Limited Warranty

Jetty warrants that the Services will perform materially in accordance with the technical documentation. Your sole and exclusive remedy for any breach of this warranty is that Jetty will use commercially reasonable efforts to correct the non-conforming Service.

6.2 Disclaimer

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 6.1, THE SERVICES AND JETTY IP ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. JETTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JETTY DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY AI-GENERATED PULL REQUESTS OR SUGGESTIONS, WILL BE ACCURATE, COMPLETE, OR FREE OF ERRORS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JETTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF JETTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JETTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO JETTY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. General Provisions

8.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without regard to its conflict of laws principles. Both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Ontario, Canada.

8.2 Contact Information

For any questions regarding these Terms, please contact the Jetty legal department.