Skip to content
Docs
Legal
Terms of Service

Terms of Service

Effective Date: August 1, 2024

This document (the "Agreement" or "Terms of Service") constitutes the Terms of Service for recommit. recommit is an automated cherry-pick commit managed service provided by recommit studio, a Delaware corporation located at the United States. The Agreement is between recommit studio and the customer as set forth in the applicable order form or online subscription process ("Customer", collectively referred to as "the Parties").

For the purpose of this Agreement, "Customer" refers to any entity or individual, including any Tenant, that subscribes to or uses recommit. Each Tenant, being an independently managed division, department, or organizational unit within a subscribing entity, is considered a separate Customer under this Agreement and is subject to its own Terms of Service conditions.

Definitions

"Services" (or "recommit" or "recommit.dev") refers to the automated cherry-pick commit managed service provided by recommit studio through its website and associated APIs. Services exclude any third-party services or software that may be used in conjunction with recommit, even if such services are connected or integrated with recommit. Subject to the terms and conditions of this Agreement, recommit studio will provide the Services to Customer during the term of this Agreement.

Fees and Payment

  1. Fees: Customer agrees to pay the fees associated with their chosen subscription plan for recommit. The fees are based on the plan Customer selects and are subject to change at the discretion of recommit studio If an order form specifies a different fee, the fees specified in the order form will apply.
  2. Payment: Customer agrees to provide recommit studio with valid and updated payment information. Customer authorizes recommit studio to charge their payment method for the fees associated with the subscription plan. Customer agrees to pay all fees within thirty (1) day from the invoice date. If any fees are not paid when due, recommit studio may suspend or terminate the Services.
  3. Taxes: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Customer is responsible for paying all such taxes, levies, or duties, excluding only United States (federal or state) taxes based on recommit studio's net income.

Subscription and Termination

  • Subscription: recommit.dev is a paid service, and you can choose from different subscription plans, including a free plan with limited features and resources. By subscribing to recommit, you agree to pay the applicable fees and charges as per the chosen plan.
  • Termination: This Agreement will remain in effect until terminated by either party. You may cancel your subscription at any time, and recommit studio may terminate your access to recommit if you violate any terms of this Agreement or fail to pay the required fees.
  • Effect of Termination: Upon termination of this Agreement or your subscription, all rights granted to you under this Agreement will immediately cease, and you must immediately cease all use of recommit.
  • Refund Policy: All sales are final with a no refund policy. You may cancel at any time. If you are charged for the month or year, your subscription will last until the end of your respectively paid period.

License and Use of Services

  1. License: Subject to the terms and conditions of this Agreement, recommit studio grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use recommit for the duration of the subscription term. This license is solely for Customer's business purposes and is subject to the restrictions set forth in this Agreement.
  2. Authorized Users: Customer may permit its employees, contractors, or agents to access and use recommit by inviting them to Customer's Tenant. The number of authorized users is limited to the number specified in the subscription plan, and Customer may pay additional fees to add more authorized users. Each authorized user may be used only by one individual and may not be shared with others. Customer is responsible for the actions of its authorized users and ensuring their compliance with this Agreement. Customer agrees to promptly remove any authorized user who violates this Agreement and notify recommit studio of such violation.
  3. Acceptable Use: Customer agrees to use recommit in compliance with all applicable laws and regulations. Customer is responsible for the content and data uploaded to recommit and must have the necessary rights and permissions to use and share such content.
  4. Restrictions: Customer shall not
    • (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make recommit available to any third party;
    • (b) reverse engineer or access recommit in order to build a competitive product or service;
    • (c) use recommit to store or transmit infringing, libelous, or otherwise unlawful or tortious material;
    • (d) use recommit to store or transmit malicious code, viruses, or other harmful software;
    • (e) interfere with or disrupt the integrity or performance of recommit, or harm the service or its users;
    • (f) attempt to gain unauthorized access to recommit or its related systems or networks;
    • (g) use recommit to engage in any illegal activities; or
    • (h) use recommit for any purpose other than its intended use.

Acceptable Use Policy

We want to create a safe and respectful environment for all recommit users. By using our service, you agree to follow the Acceptable Use Policy. This policy may include but is not limited to:

  • Be Lawful: Please use recommit for legal and legitimate purposes only. Don't engage in any illegal activities or use the service to harm others.
  • Be Respectful: Don't post or transmit any content that is defamatory, abusive, harassing, or violates the rights of others.
  • Protect Your Account: Keep your recommit account safe by not sharing your login credentials with others. If you suspect any unauthorized use of your account, please let us know immediately.
  • Data Responsibility: You are responsible for the data you upload or transmit through recommit. Ensure that you have the necessary rights and permissions to use and share that data.
  • No Harm to the Service: Please don't engage in any actions that could disrupt or harm the functionality of recommit or other users' experience.
  • No Unauthorized Access: Don't attempt to access any parts of recommit or systems without proper authorization.
  • Follow the Law: Comply with all applicable laws and regulations while using recommit.
  • No Spam: Don't use recommit to send unsolicited messages or spam.
  • No Malware: Don't use recommit to distribute malware or other malicious code.

Confidentiality

  1. Definition: "Confidential Information" of a party means all information disclosed by that party ("Disclosing Party") to the other party ("Receiving Party") that is marked as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
  2. Protection: The Receiving Party agrees to protect the confidentiality of the Disclosing Party's Confidential Information using the same degree of care that it uses to protect its own confidential information of a similar nature, but in no event less than a reasonable degree of care. The Receiving Party shall not disclose the Disclosing Party's Confidential Information to any third party except:
    • (a) the Disclosing Party has given its written consent (if such consent is not prohibited by applicable law);
    • (b) to the Receiving Party's employees, contractors, or agents who need to know the information for the purposes of this Agreement and who are bound by confidentiality obligations at least as restrictive as those contained herein; or
    • (c) as required by law enforcement or regulatory authorities.
  3. Exclusions: Confidential Information does not include information that:
    • (a) is or becomes publicly known through no fault of the Receiving Party;
    • (b) was known to the Receiving Party prior to the Disclosing Party's disclosure;
    • (c) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; or
    • (d) is rightfully received by the Receiving Party from a third party without restriction on disclosure.

Data Protection and Privacy

  1. Privacy Policy: recommit studio is committed to protecting the privacy and security of Customer Data. recommit studio will process Customer Data in accordance with its Privacy Policy and applicable data protection laws.
  2. Customer as Data Controller: Customer is the data controller of Customer Data and is responsible for complying with all applicable data protection laws, including obtaining any necessary consents from data subjects and providing any required notices to data subjects. recommit studio will process Customer Data on behalf of Customer as a data processor.
  3. Data Hosting: Customer Data is stored on secure servers located in data centers within the West United States, or other regions as specified in the subscription plan. recommit studio it will ensure that an appropriate level of protection is in place to protect the data.
  4. Sub-Processors: Customer consents to recommit studio engaging sub-processors to process Customer Data on its behalf to provide the Services, as described in this Agreement. recommit studio will be responsible for the acts and omissions of its sub-processors to the same extent as if they were its own. The current list of sub-processors is available in the Privacy Policy.

Intellectual Property

recommit, recommit.dev, recommit studio, and any associated logos are trademarks owned by recommit studio Each party retains all rights, title, and interest in and to its intellectual property. Customer grants recommit studio a fully paid-up, royalty-free, non-exclusive, worldwide license to use, modify, communicate, and commercially exploit any feedback, suggestions, or ideas recommit studio receives from Customer, Customer's authorized users, or any third party acting on Customer's behalf. recommit studio reserves the right to seek intellectual property protection for any service improvements, features, or innovations that result from such feedback.

Disclaimer of Warranties

EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION AND ANY APPLICABLE SERVICE LEVEL AGREEMENT, THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND recommit studio EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT recommit studio DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY CUSTOMER FROM recommit studio OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE PARTIES ADDITIONALLY AGREE THAT recommit studio WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR CLIENT’S VARIOUS COMPLIANCE PROGRAMS, AND THAT THE SERVICES, TO THE EXTENT APPLICABLE, ARE ONLY TOOLS FOR ASSISTING CLIENT IN MEETING THE VARIOUS COMPLIANCE OBLIGATIONS FOR WHICH IT SOLELY IS RESPONSIBLE.

Indemnification

Customer agrees to indemnify and hold harmless recommit studio from and against any claims, damages, liabilities, and expenses arising out of or related to Customer's use of recommit or any violation of these Terms of Service.

Limitation of Liability

To the extent permitted by applicable law, recommit studio and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of recommit, even if advised of the possibility of such damages.

Modifications to the Agreement

recommit studio reserves the right to modify this Agreement at any time. Changes will be effective immediately upon posting the updated Agreement on the recommit website. Your continued use of recommit after the modifications constitutes your acceptance of the revised Agreement. Governing Law and Jurisdiction This Agreement will be governed by and construed in accordance with the laws of the jurisdiction where recommit studio is registered. Any legal action or proceeding arising out of or relating to this Agreement will be exclusively subject to the jurisdiction of the courts in that jurisdiction.

Entire Agreement

This Agreement constitutes the entire agreement between you and recommit studio regarding the use of recommit and supersedes any prior or contemporaneous understandings and agreements, whether written or oral.

If you have any questions or concerns about these Terms of Use, please contact recommit studio support. By using recommit, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement.

Privacy Policy