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Sencha.io Terms of Service

Sencha.io Terms of Service

Version 1.0 – beta release

1. Your Agreement with Sencha

  1. Your use of the Service is governed by this agreement (the “Terms”). “Sencha” means Sencha Inc., a Delaware corporation, and its subsidiaries or affiliates involved in providing the Service. The “Sencha Services” means the services Sencha makes available through this website, including but not limited to Sencha.io Sync and Sencha.io Src.
  2. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that Sencha will treat your use of the Service as acceptance of the Terms from that point onwards.
  3. You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
  4. You agree your purchases of the Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Sencha or any of its affiliates regarding future functionality or features.

2. Your Account and Use of the Service

  1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Sencha immediately.
  2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
  3. You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by Sencha in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Sencha, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
  4. You may use the Service only to develop and run applications on the Sencha infrastructure. You may not access the Service for the purpose of bringing an intellectual property infringement claim against Sencha or for the purpose of creating a product or service competitive with the Service.

3. Service Policies and Privacy

  1. You agree to comply with the Sencha Acceptable Use Policy included available at http://manage.sencha.io (or such URL as Sencha may provide) (the “Program Policies”) which is incorporated herein by this reference and which may be updated from time to time.
  2. The Service shall be subject to Sencha’s privacy policy available at http://www.sencha.com/legal/privacy You a.gree to the use of your data in accordance with Sencha’s privacy policies.
  3. You agree that you will protect the privacy and legal rights of the users of your Application. You must provide legally adequate privacy notice and protection for your users. If your users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Application and to Sencha.
  4. If a user provides you with Sencha account information, you may only use that information to access the user’s Sencha account when, and for the limited purposes for which, the user has given you permission to do so.

4. Fees for Use of the Service

  1. Subject to the Terms and subject to the limits set forth in Sencha Acceptable Use Policy (available at http://manage.sencha.io), the Service is provided to you without charge.

5. Content in the Service and Take Down Obligations

  1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the Service and any source code written by you to be used with the Service (collectively, the “Application”).
  2. Sencha reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content that violates the Program Policies, including pursuant to a take down request from. In the event that you elect not to comply with a request from Sencha to take down certain Content, Sencha reserves the right to directly take down such Content or to disable the Application.
  3. In the event that you become aware of any violation of the Program Policies by an end user of the Application, you shall immediately terminate such end user’s account on your Application. Sencha reserves the right to terminate end user Sencha accounts or disable the Application in response to a violation or suspected violation of the Program Policies.
  4. You agree that you are solely responsible for (and that Sencha has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Sencha may suffer) by doing so.
  5. You agree that Sencha has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application and any Content.

6. Proprietary Rights

  1. You acknowledge and agree that Sencha (or Sencha’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  2. Except as provided in Section 8, Sencha acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or the Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Sencha, you agree that you are responsible for protecting and enforcing those rights and that Sencha has no obligation to do so on your behalf.

7. License from Sencha and Restrictions

  1. Sencha gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Sencha as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Sencha, in the manner permitted by the Terms.
  2. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Sencha, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Service or any Application; © use the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports or creating DoS attacks; or (d) upload or otherwise process any malicious content to or through the Service.
  3. Unless Sencha has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Software.
  4. Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Sencha for the use of the components of the Service released under an open source license.
  5. Sencha hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the Sencha.io trademarks and/or logos (“Marks”) for the sole purpose of promoting or advertising that you use the Service and solely in accordance with Sencha’s then current Trademark Usage Guidelines, which may be found at http://manage.sencha.io (or s.uch other URL Sencha may provide from time to time). You agree that all goodwill generated through your use of the Sencha Marks shall inure to the benefit of Sencha.

8. License from You

  1. Sencha claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Service you give Sencha a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Sencha to provide you with the Service in accordance with its privacy policy. Furthermore, by creating an Application through use of the Service, you give Sencha a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Sencha to provide you with the Service in accordance with its privacy policy.
  2. You agree that Sencha, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
  3. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous and without restriction and will not place Sencha under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

9. Modification and Termination of the Service

  1. Sencha is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Sencha provides may change from time to time without prior notice to you, subject to the terms in Sections 4.3 and 9.2. Changes to the form and nature of the Service will be effective with respect to all versions of the Service (including the Deprecated Version of the Service); examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
  2. You may terminate these Terms at any time by canceling your account on the Service. You will not receive any refunds if you cancel your account.
  3. You agree that Sencha, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Service may be without prior notice, and you agree that Sencha will not be liable to you or any third party for such termination.
  4. You are solely responsible for exporting your Content and Application(s) from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
  5. Upon any termination of the Service under Sections 4 or 9, these Terms will also terminate, but Sections 6, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.

10. EXCLUSION OF WARRANTIES

  1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT SENCHA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
  3. SENCHA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SENCHA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND © USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.

11. LIMITATION OF LIABILITY

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SENCHA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
  2. THE LIMITATIONS ON SENCHA’S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT SENCHA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. Indemnification

  1. You agree to hold harmless and indemnify Sencha, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Sencha and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, © your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Sencha will provide you with written notice of such claim, suit or action.

13. Policies Regarding Copyright

  1. You agree to set up a process to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA notices”). It is Sencha’s policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.

14. Other Content

  1. The Service may include hyperlinks to other web sites or content or resources or email content. Sencha may have no control over any web sites or resources which are provided by companies or persons other than Sencha.
  2. You acknowledge and agree that Sencha is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  3. You acknowledge and agree that Sencha is not liable for any loss or damage which may be incurred by you or users of your Application as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15. Changes to the Terms

  1. Sencha may make changes to the Terms from time to time. When these changes are made, Sencha will make a new copy of the Terms available at http://manage.sencha.io .
  2. You understand and agree that if you use the Service after the date on which the Terms have changed, Sencha will treat your use as acceptance of the updated Terms.

16. General Legal Terms

  1. The Terms constitute the whole legal agreement between you and Sencha and govern your use of the Service (but excluding any services which Sencha may provide to you under a separate written agreement), and completely replace any prior agreements between you and Sencha in relation to the Service.
  2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
  3. If Sencha provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
  4. You agree that Sencha may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. By providing Sencha your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
  5. You agree that if Sencha does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Sencha has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sencha’s rights and that those rights or remedies will still be available to Sencha.
  6. Sencha shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
  7. The Terms, and your relationship with Sencha under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Sencha agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that Sencha shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  8. Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Service upon written notice to the assigning party.