Terms of Service
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website or service, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by DevMetrics, acceptance is expressly limited to these terms.
Our website and services are not directed to children younger than 13, and access and use of our services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our services. Any person who registers as a user or provides their personal information to our services represents that they are 13 years of age or older.
2 Your DevMetrics Account and DevMetrics Website
If you have an account with DevMetrics, you are responsible for maintaining the security of your account (e-mail used and password or api keys) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify DevMetrics of any unauthorized uses of your account or any other breaches of security. DevMetrics will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
By using the DevMetrics website or service, you are entirely responsible for:
- providing valid user data (e-mail, name, etc.);
- not using the website for any illegal or abusive activity;
- securing any e-mail, password or api keys of your account;
- only having a single account;
DevMetrics has the right (though not the obligation) to, in DevMetrics's sole discretion (i) refuse service or remove any content that, in DevMetrics's reasonable opinion, violates any DevMetrics policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in DevMetrics's sole discretion. DevMetrics will have no obligation to provide a refund of any amounts previously paid.
3 Services Provided
DevMetrics generates metrics from the activity in your source code repositories (repos). These metrics are then displayed in a series of dashboards. Some of the metrics such as Commit Classification and Onboarding Time are generated using DevMetrics machine learning models. These models are refined continuously and the information generated should be used in the context of your organisation. DevMetrics makes no warranty of the accuracy of this information.
4 Service Delivery, Payment, Renewal and Termination
4.1 Service Delivery
Upon selecting your paid service, the service will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the service you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
4.2 Payment Terms
Paid services such as additional Repositories, Advanced Insights and Alerts are available on the website. By selecting any paid service you agree to pay DevMetrics the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. For any variation in plan level, your credit/debit card that you provided will automatically be charged or credited the new prorated amount for the current payment period and the new rate will apply on your next billing cycle. DevMetrics reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
4.3 Automatic Renewal
Unless you notify DevMetrics before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
4.4 Termination and Refunds
You may terminate your subscription to the service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded unless there has been 30 days or less since the payment. For payments made in the last 30 days or less, only those payments are refundable.
DevMetrics may terminate your access to all or any part of our services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DevMetrics account (if you have one), you may simply discontinue using our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
5 Minimum Hardware and Software Requirements
DevMetrics can be used with any operating system (including mobile) that can run a modern browser (IE8+, Google Chrome, Safari, Firefox).
6 Intellectual Property
This Agreement does not transfer from DevMetrics to you any DevMetrics or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DevMetrics. DevMetrics, the DevMetrics logo, and all other trademarks, service marks, graphics and logos used in connection with DevMetrics, the website or service are the sole property of DevMetrics or DevMetrics's licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other organisations. Your use of the website or service grants you no right or license to reproduce or otherwise use any DevMetrics or third-party trademarks.
DevMetrics reserves the right to display advertisements on your account unless you have purchased a service.
8 Disclaimer of Warranties
The website and service is provided "as is". DevMetrics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DevMetrics nor its suppliers and licensors, makes any warranty that the website or service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the website at your own discretion and risk.
9 Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our website and services will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Delaware, U.S.A.
10 Limitation of Liability
In no event will DevMetrics, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DevMetrics under this agreement during the twelve (12) month period prior to the cause of action. DevMetrics shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11 General Representation and Warranty
You agree to indemnify and hold harmless DevMetrics, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims 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.
These Terms and Conditions were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and Conditions and the English version, the English version will control.
This Agreement constitutes the entire agreement between DevMetrics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DevMetrics, or by the posting by DevMetrics of a revised version.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DevMetrics may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
15 Changes to this Agreement
DevMetrics reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the service or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. DevMetrics may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.