Acceptance of Terms

By accessing and using CodCadence, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services. These terms apply to all users of the platform, including free trial users, paid subscribers, and enterprise customers. Your continued use of CodCadence following any changes to these terms constitutes acceptance of those changes.

Account Registration and Security

To use CodCadence, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these terms or are used for fraudulent or illegal activities. You may not share your account credentials or allow multiple individuals to use a single account.

Subscription and Payment Terms

CodCadence operates on a per-seat subscription model. Subscriptions are billed monthly or annually based on your selected plan. All fees are non-refundable except as required by law. You authorize us to charge your payment method for all fees incurred. If payment fails, we may suspend your access until payment is received. You can upgrade, downgrade, or cancel your subscription at any time through your account settings. Changes to your subscription will take effect at the start of the next billing cycle.

Acceptable Use Policy

You agree to use CodCadence only for lawful purposes and in accordance with these terms. You may not use our services to transmit harmful code, engage in unauthorized access attempts, violate intellectual property rights, or interfere with the platform's operation. You may not use automated systems to access the platform except through our documented APIs. Any attempt to reverse engineer, decompile, or extract source code from our services is strictly prohibited. We reserve the right to investigate and take appropriate action against any violations.

Intellectual Property Rights

CodCadence and all related trademarks, logos, and service marks are the property of CodCadence or its licensors. You retain all rights to your data, code, and content that you upload to the platform. By using our services, you grant us a limited license to host, store, and process your content solely to provide our services. We do not claim ownership of your proprietary information. You represent and warrant that you have all necessary rights to the content you upload and that it does not infringe any third-party rights.

Service Level and Availability

We strive to maintain high availability of our services but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible. We are not liable for any downtime, data loss, or service interruptions beyond our control. Enterprise customers may have specific service level agreements that supersede these general terms. We reserve the right to modify, suspend, or discontinue any aspect of the platform with reasonable notice.

Data Ownership and Export

You retain full ownership of all data you store in CodCadence. You can export your data at any time through our export tools. Upon account termination, you have 30 days to download your data before it is permanently deleted. We are not responsible for any data loss resulting from your failure to maintain backups or export your data before account closure. For enterprise customers, custom data retention periods may apply as specified in your agreement.

Third-Party Services and Integrations

CodCadence integrates with third-party services such as GitHub, GitLab, and CI/CD platforms. Your use of these integrations is subject to the terms and policies of those third-party providers. We are not responsible for the availability, performance, or content of third-party services. You authorize us to access your connected accounts to the extent necessary to provide our services. You can disconnect integrations at any time through your account settings.

Limitation of Liability

To the maximum extent permitted by law, CodCadence shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability for any claim related to these terms shall not exceed the amount you paid us in the twelve months preceding the claim. This limitation applies regardless of the legal theory upon which the claim is based. Some jurisdictions do not allow limitations on certain types of liability, so these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless CodCadence, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of our services, your violation of these terms, or your infringement of any third-party rights. This indemnification obligation survives termination of these terms. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of using our services. This includes your business data, trade secrets, and our platform architecture and security measures. Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties. This confidentiality obligation survives termination of your account for a period of three years.

Termination Rights

Either party may terminate these terms at any time. You can close your account through your account settings. We may suspend or terminate your account immediately if you violate these terms or engage in fraudulent activity. Upon termination, your access to the platform will cease, and you must cease all use of our services. Provisions regarding data ownership, confidentiality, and limitation of liability survive termination.

Modifications to Service and Terms

We reserve the right to modify these terms at any time. We will notify you of material changes via email or through the platform. Your continued use after notification constitutes acceptance of the modified terms. We may also modify, update, or discontinue features of the platform with reasonable notice. Price changes for existing customers will be communicated at least 30 days in advance and will take effect at your next renewal date.

Dispute Resolution

Any disputes arising from these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will be conducted in Austin, Texas. You waive any right to participate in class actions or class arbitrations. This arbitration agreement does not prevent either party from seeking injunctive relief in court for intellectual property infringement or unauthorized access to the platform.

Governing Law

These terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding relating to these terms shall be brought exclusively in the courts located in Travis County, Texas. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Contact Information

If you have questions about these Terms of Service, please contact us at legal@codcadence.com or write to us at CodCadence, 500 W 2nd St, Austin, TX 78701, USA. For account-specific inquiries, please use the support channels available in your account dashboard.