Terms of Service
Last updated: [DATE]
These Terms of Service (“Terms”) govern your use of the gemdb.com website, the GemDB Code extension for Visual Studio Code, and related documentation and services (together, the “Services”) provided by [GemTalk Systems, Inc.] (“GemDB”, “we”, “us”). By using the Services you agree to these Terms.
1. Who may use the Services
You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
2. GemDB Code and other software
GemDB Code is provided free of charge for evaluation and development use under the license that accompanies it [confirm: MIT / proprietary / GemTalk EULA]. Production use of GemDB server software requires a separate written agreement with GemDB. Where a separate license or master agreement conflicts with these Terms, that agreement controls for the software it covers.
3. Acceptable use
You agree not to:
- Reverse engineer, decompile, or attempt to extract source code from the Services except where the applicable license expressly permits it.
- Use the Services to build a competing product, or to benchmark results for publication without our written consent.
- Interfere with the security or operation of the Services, or access them by automated means other than published APIs.
- Upload content that is unlawful, infringing, or that contains malware.
4. Accounts and communications
When you contact us or request materials, you agree to provide accurate information. We may send you service and marketing communications about GemDB; you can opt out of marketing at any time using the link in any message or by emailing us.
5. Intellectual property
The Services, including software, documentation, text, graphics and trademarks (GemDB, GemStone, GemTalk and associated marks), are owned by GemDB or its licensors and are protected by intellectual property laws. Except for the limited rights granted in these Terms or an applicable license, no rights are granted to you.
6. Feedback
If you send us ideas, suggestions or bug reports, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.
7. Third-party services
The Services may link to or integrate with third-party sites and services (for example GitHub, the Visual Studio Code Marketplace, and HubSpot). Those services are governed by their own terms, and we are not responsible for them.
8. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GemDB Code is evaluation software and is not intended for production workloads.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GEMDB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100) OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.
10. Indemnity
You will defend and indemnify GemDB against claims arising from your breach of these Terms or your misuse of the Services.
11. Termination
We may suspend or end your access to the Services at any time if you breach these Terms. Sections 5 through 13 survive termination.
12. Governing law
These Terms are governed by the laws of the State of [Oregon], USA, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in [Multnomah County, Oregon], and you consent to their jurisdiction.
13. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date above shows the current version. Continued use of the Services after a change means you accept the updated Terms.
14. Contact
Questions about these Terms: contact@gemdb.com[confirm legal contact] · [GemTalk Systems, Inc.], [street address, city, state, ZIP].
