2. Your Responsibilities
You are responsible for all activity occurring under Your accounts. You shall abide by all applicable laws, treaties and regulations in connection with Your use of the Service, including, without limitation, those related to data privacy, international communications and the transmission of technical or personal data. You shall treat the account information, access and identification codes as confidential and with due care. You shall: (i) notify HackerBay immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to HackerBay immediately and use reasonable efforts to stop immediately any copying or distribution of (parts of) Services that is known or suspected by You (iii) not impersonate another HackerBay User or provide false identity information to gain access to or use the Service.
3. Your Intellectual Property Rights
4. HackerBay’s Intellectual Property Rights
5. Privacy & Security
HackerBay’s privacy and security policies may be viewed at https://flowappplatform.com/privacy. HackerBay reserves the right to modify its privacy and security policies in its discretion from time to time. By providing HackerBay Your email address You consent to our using the email address to send You Service-related notices, including any notices required by law, changes to features of the Service and special offers. HackerBay’s implementation, development and operations teams shall have the right to access and use Your account information, and Customer Data for the purpose of delivery of the Service, respond to service or technical problems, on Your request, or to provide Professional Services. HackerBay shall be entitled to change the account, access- and identification codes assigned.
6. Free Community Edition; Trial Period
7. Representations & Warranties
HackerBay shall implement commercially reasonable technical and organizational measures to secure availability, confidentiality and integrity with respect to the Services, the Customer Data and personal information. However, unless explicitly otherwise agreed in writing between Parties, the Services are provided on an “as is” and “as available” basis, without warranties of any kind and the Services are accessed or used by You at Your own risk and without any right to support, maintenance, updates or any other services. HackerBay and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service. HackerBay and its licensors do not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free of operate in combination with any other hardware, software, system or data (b) the Service will meet Your requirements or expectations, © any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your Requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server(s) that make the Service available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by HackerBay and its licensors. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. HackerBay is not responsible for any delays, delivery failures, or other damage resulting from such problems. HackerBay shall not be responsible for any Customer Data. You, not HackerBay, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and HackerBay shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. HackerBay reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. You represent and warrant that You have not falsely identified yourself nor provided any false information to gain access to the Service.
8. Limitation of Liability
HackerBay may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in HackerBay’s account information, or by written communication sent by first class mail or pre-paid post to Your address on record in HackerBay’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to HackerBay (such notice shall be deemed given when received by HackerBay) at any time by any of the following: letter sent by confirmed facsimile to HackerBay at the following fax number: +31 10 2760435; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to HackerBay at the following address: HackerBay Inc, Congress Street 374 suite 306, Boston, MA, 022010, United States, in either case, addressed to the attention of: Chief Executive Officer.
11. Assignment; Change in Control
12. Force Majeur
HackerBay shall not be bound to fulfill any obligation if prevented from doing so by force majeure. Insofar as not already included, force majeure shall further mean instances of strikes, company sit-ins, blockades, embargoes, government measures, war, revolution and/or any similar state, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel and non-fulfillment by suppliers of HackerBay or force majeure on the part of suppliers of HackerBay.
You agree that HackerBay may terminate the providing of any gratuitous Services at any time, for any reason and without prior notice. You agree that HackerBay shall not be liable to You and/or any third party for any modification, suspension, or termination of the Service. The following Sections shall survive the termination and/or expiration of this Agreement: Sections 3 (Your Intellectual Property Rights); 4 (HackerBay ’s Intellectual Property Rights); 7 (Representations Warranties); 8 (Limitation of Liability); 9 (Indemnification); and 16 (Final Provisions).
14. Modification to Terms
15. Final Provisions
17. Questions or Additional Information