SLAppForge brings serverless computing and applications into mainstream use for the business success of end users. Sigma, the cloud based Integrated Development Environment for Serverless computing, presented to you as a software-as-a-service offering is the cornerstone of our platform. These Terms of Service (“Terms”) apply to your access and use of the SLAppForge Service, which is provided to you by SLAppForge Inc. (“SLAppForge”). The “SLAppForge Service” includes Sigma, our applications, software, websites, APIs, products, and services. SLAppForge and its affiliates are referred to as “SLAppForge,” “we,” “us,” or “our” in these Terms.
You must accept these Terms to create a SLAppForge account and to access or use the SLAppForge Service. If you do not have an account, you accept these Terms by using any part of the SLAppForge Service. If you do not accept these terms, do not create an account or use the SLAppForge Service.
2. Use of the SLAppForge Service
Persons under the age of 13, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the SLAppForge Service. Additionally, you cannot access or use the SLAppForge Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the SLAppForge Service.
You may only connect to the SLAppForge Service using our websites (“Authorized Connections”). You may not connect to the SLAppForge Service with any other website or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the SLAppForge Service.
3. Creating an Account
Full use of the SLAppForge Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. SLAppForge is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the SLAppForge Service or your account.
4. Necessary Equipment and Services
5. Using the SLAppForge Service and Your Content
SLAppForge may enable you to post, create, upload, store, share, send, or display code, configuration, deployment artifacts, data, text, comments, and other information and content (“Your Content”) to and via the SLAppForge Service. You retain all rights to Your Content that you post to the SLAppForge Service.
You represent and warrant that Your Content, the use and provision of Your Content on the SLAppForge Service, and your use of the SLAppForge Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the SLAppForge Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the SLAppForge Service, or which may expose us or our users to any harm or liability of any type.
6. SLAppForge’s Rights
“SLAppForge Content” includes any documentation, diagrams, code, libraries, APIs, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the SLAppForge Service. SLAppForge Content, the SLAppForge Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the SLAppForge Service. Our logos and any other SLAppForge trademarks that may appear on the SLAppForge Service, and the overall look and feel of the SLAppForge Service, including our editors’ drag-and-drop functionality supporting hybrid code editing, page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the SLAppForge Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. What You Can Do On The SLAppForge Service
SLAppForge grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the SLAppForge Service, (2) access and view the SLAppForge Content, (3) access and use the software and mobile applications provided by the SLAppForge Service, and (4) use the software that is developed using the SLAppForge Service for Personal or Commercial use, as authorized in these Terms. This license is provided solely for your personal or commercial use and enjoyment of the SLAppForge Service as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the SLAppForge Content, SLAppForge Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SLAppForge or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the SLAppForge Service: (1) use, display, mirror, or frame the SLAppForge Service or any individual element within the SLAppForge Service, including the layout and design of any page, without SLAppForge’s express written consent; (2) use SLAppForge’s name, any SLAppForge trademark or logo, or any SLAppForge proprietary information without SLAppForge’s express written consent; (3) access or tamper with non-public areas of the SLAppForge Service, SLAppForge’s computer systems, or the technical delivery systems of SLAppForge’s providers; (4) test the vulnerability of any SLAppForge system or breach any security or authentication measures; (5) circumvent any technological measure implemented by SLAppForge or any of SLAppForge’s providers or any other third party (including another user) to protect the SLAppForge Service; (6) access the SLAppForge Service or SLAppForge Content through the use of any mechanism other than through the use of an Authorized Connection, SLAppForge Service, or SLAppForge API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that SLAppForge provides to you or any other part of the SLAppForge Service.
You are granted a limited, nonexclusive, and nontransferable right to create a text or image hyperlink to the SLAppForge Service, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in SLAppForge’s sole discretion.
9. Our Enforcement Rights
We are not obligated to monitor access or use of the SLAppForge Service, SLAppForge Content, or Your Content or to review or edit any SLAppForge Content or Your Content, but we have the right to do so for the purpose of operating the SLAppForge Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the SLAppForge Service, any SLAppForge Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the SLAppForge Content, Your Content, or your use of the SLAppForge Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the SLAppForge Service, and in response may take any action we may deem appropriate.
10. Use The SLAppForge Service At Your Own Risk
Our Service is currently under beta testing, and is we do not provide any guarantees about its suitability for your purposes of use. If you rely on any SLAppForge Content or the SLAppForge Service, you do so solely at your own risk.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information or services you receive through the SLAppForge Service, which might at times be unavailable, inaccurate, or incomplete. Use of the SLAppForge Service should not replace your good judgment and common sense.
11. Copyright Policy
SLAppForge respects the intellectual property of others and expects its users to do the same. It is SLAppForge’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who infringe the rights of copyright holders.
12. Feedback And Submissions Policy
If you submit comments, ideas, bug reports, or any form of feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by SLAppForge, or obtained from sources other than you.
We are always pleased to hear from SLAppForge users. However, neither SLAppForge, nor any of its employees, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Therefore, please do not submit any such unsolicited ideas in any form to SLAppForge or any of its employees. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you.
If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of SLAppForge, without any compensation to you; (iii) we may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you.
13. Contests And Giveaways
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by SLAppForge or its partners. It is your responsibility to carefully review those terms and conditions.
14. Alerts And Notifications
As part of your use of the SLAppForge Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the SLAppForge Service by using your account settings, or selecting to ‘Unsubscribe’ from our marketing emails. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
15. Third-Party Services
16. Changes To The SLAppForge Service
SLAppForge may change or discontinue, temporarily or permanently, any feature or component of the SLAppForge Service at any time without notice. SLAppForge is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the SLAppForge Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by SLAppForge products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the SLAppForge Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove information related to your account. You may close your account at any time by contacting us. Upon any termination of these Terms or suspension, termination, or discontinuation of the SLAppForge Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23.
THE SLAPPFORGE SERVICE AND SLAPPFORGE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SLAPPFORGE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the SLAppForge Service or SLAppForge Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the SLAppForge Service or any SLAppForge Content.
You will indemnify and hold harmless SLAppForge or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the SLAppForge Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. Limitation Of Liability
NEITHER SLAPPFORGE, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SLAPPFORGE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SLAPPFORGE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLAPPFORGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL SLAPPFORGE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SLAPPFORGE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SLAPPFORGE FOR USE OF THE SLAPPFORGE SERVICE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLAPPFORGE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. Dispute Resolution
These Terms shall be governed by the laws of the Republic of Sri Lanka, without regard to conflicts of laws provisions thereof. In the event of a dispute between the parties hereto, arising out of or in connection with or with respect to this Agreement or any breach thereof, such dispute shall be referred to and finally resolved by arbitration in Sri Lanka in accordance with the Arbitration Rules of the Sri Lanka National Arbitration Centre. The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Nothing in the above provision shall prevent SLAppForge from applying to a court of competent jurisdiction for equitable or injunctive relief.
Exceptions to Agreement to Arbitrate: SLAppForge may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the SLAppForge products or SLAppForge Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without engaging in arbitration.
No Class Actions: You may only resolve Disputes with SLAppForge on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the SLAppForge products or SLAppForge Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
22. General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between SLAppForge and you regarding the SLAppForge Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SLAppForge and you regarding the SLAppForge Service and SLAppForge Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the SLAppForge Service. When you use the SLAppForge Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without SLAppForge’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SLAppForge may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by SLAppForge under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the SLAppForge Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
SLAppForge’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SLAppForge. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
23. Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
SLAppForge Inc PO Box 470, Mineral Bluff, Georgia, 30559 Phone: 1 (650) 918 5727 Email: firstname.lastname@example.org