Legal and PoliciesTerms of Service

Terms of Service

Update date: December 25, 2022

Summary

For your convenience, we have summarized the key points of our terms of service as follows:

  1. we will send you emails
  2. we can communicate with other services on your behalf, such as GitHub
  3. you agree not to host any illegal content on our platform
  4. we have obtained all the necessary licenses for all contributions to our open source community submitted to our GitHub public code repository
  5. you are legally responsible for the content and services you deploy and manage on our platform
  6. we will comply with copyright takedown requests
  7. we will try our best to notify you when our terms of service change
  8. the services and content provided by Zeabur are provided “as is” without any warranty

If you use the Zeabur platform and its services, you agree to these terms.

If you need the full terms, please read the following content.

1. Basic Introduction

Thank you for choosing Zeabur as your partner. Please read the following content to understand the rules and restrictions you need to follow when using our website, products, services and applications (hereinafter referred to as “services”).

The following user terms (hereinafter referred to as “terms”) are a binding contract between you and Zeabur Technology Co., Ltd. (hereinafter referred to as “Zeabur”, “we”, “our company”, “our platform” or “Zeabur Technology”). By using any service in any way, you agree to abide by all terms, and these terms will remain in effect during your use of the service. These terms include the terms in this document and the terms in the privacy policy. You may also be subject to other policies, rules and terms (hereinafter referred to as “additional terms”) when you use or participate in certain services, which have been referenced in this document. You understand and agree that when you use or participate in any service, you agree to abide by these additional terms.

Please read these terms carefully. They cover important information about the services we provide to you, as well as the fees, taxes and fees we will charge you. These terms include information about future changes to these terms, automatic renewal, liability limitations, class action waivers, and arbitration to resolve disputes instead of resolving disputes in court. Please note that your use and access to our services will be subject to the following terms; if you do not agree to all of the following, you may not be able to use or access the service in any way.

Arbitration Notice and Exclusion of Class Actions

Except for disputes of the types described in the arbitration agreement below, you agree that disputes will be resolved by binding individual arbitration and that you waive your right to participate in a class action or class arbitration.

2. Terms of Change

We are constantly working to improve our services, so these terms may need to change as our services change. We reserve the right to change these terms at any time, but if we do so, we will post a notice on our website and send you an email in some other way.

If you do not agree to the new terms, you can freely refuse them; unfortunately, this means you will no longer be able to use the service. If you use the service in any way after the terms take effect, this means you agree to all changes.

Except for changes described here, no other amendments or modifications to these terms will be effective unless signed in writing by you and us.

3. Privacy Policy

Zeabur places the privacy and data security of users first. Please click here to view the latest privacy policy.

4. Basic Requirements

You may need to register an account, choose a password and user name (Zeabur User ID), and provide us with some information or data, such as your contact information. You promise to provide accurate, complete and updated self-registration information to us. You cannot choose a user name that you do not have the right to use, or choose another person’s user name in the name of another person. You cannot transfer your account to another person without our prior written permission.

You must provide accurate, complete and up-to-date information when you register for an account, and you must keep this information up to date. You are responsible for all activities that occur under your account. You must not disclose your password to anyone else. You must notify us immediately if you become aware of any unauthorized use of your account or any other breach of security.

In addition, you can access some parts or functions of the service by using the account credentials of other services (each of which is referred to as a “third-party account”), such as services provided by GitHub, GitLab or Google. By using the service through a third-party account, you allow us to access some information from such accounts for use by the service. You ultimately control how much information is visible to us and can execute such control by adjusting the privacy settings of the third-party account.

You promise that you are a legal adult and can form a binding contract (or if you are not, you have obtained permission from your parents or guardians to use the service and have obtained your parents’ or guardians’ consent to these terms on your behalf). If you agree to these terms on behalf of an organization or entity, you promise and guarantee that you have the authority to agree to these terms on behalf of the organization or entity and to bind it in these terms (in which case, references to “you” and “your” in these terms refer to the organization or entity, except for this sentence).

You can only use the service for your own internal, personal, non-commercial purposes, not on behalf of or for the benefit of any third party, and can only use it in a manner that complies with all applicable laws. If the use of the service is prohibited by applicable law, you are not allowed to use the service. We cannot and will not be responsible for your use of the service in a manner that violates the law.

5. Communications

As part of the service, you may receive communications from us, including messages sent to you by Zeabur (for example, by email). When you register for the service, you will receive a welcome message and instructions on how to opt out of receiving messages.

6. Restrictions on Use

You promise that you will not provide or contribute anything in any of the following ways, including any content or user-submitted content (as defined below), to the service, or otherwise use or interact with the service:

  1. Infringe or violate any person’s intellectual property rights or any other rights (including Zeabur);
  2. Violate any law or regulation, including but not limited to any applicable export control laws, privacy laws or any other purpose reasonably intended by Zeabur;
  3. Dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
  4. Endanger your Zeabur User ID, account or the security of any person (for example, allowing others to log in to the service as you);
  5. Attempt to obtain any other user’s password, account or other security information in any way;
  6. Violate the security of any computer network, or crack any password or security encryption code;
  7. Run mailing lists, list servers, any form of autoresponder or “spam” on the service, or any process that runs or is activated when you are not logged in to the service, or otherwise interfere with the normal operation of the service (including placing unreasonable loads on the service’s infrastructure);
  8. Use “crawlers” to “scrape” any page, data or any part of the service or content (by manual or automatic means);
  9. Copy or store any significant part of the content;
  10. Reverse engineer, decompile or otherwise attempt to obtain the source code or underlying ideas or information related to the service.

Any such breach of these terms is grounds for termination of your use or access to the service.

7. Rights

Content displayed, accessible or otherwise provided on the service, including but not limited to text, graphics, data, articles, photos, images, illustrations, user-submitted content (as defined below) and the like (collectively, “content”), is protected by copyright and/or other intellectual property laws. You agree to comply with all copyright notices, trademark rules, information and restrictions contained in any content accessed through the service and you will not use, copy, reproduce, modify, translate, publish, broadcast, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content that you do not own (i) without the prior written consent of the owner of that content, or (ii) in a way that violates the rights of others (including Zeabur).

Unless otherwise specified, we grant to each user of the service a non-exclusive, non-transferable, non-sublicensable license to use (i.e. download and display locally) content solely for the purpose of using the service. You may not use, copy, modify, distribute or store any content for any purpose without our prior written permission. You understand that Zeabur owns the service. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works from, or in any way exploit any of the service. The service may allow you to copy or download certain content, but remember that all the restrictions in this section still apply even if such features exist.

8. Content License

User Submitted Content

Any content you publish, upload, share, store, or otherwise provide through the service is “User Submitted Content”. Some User Submitted Content may be viewable by other users. You are responsible for all User Submitted Content that you submit through the service. You represent that all User Submitted Content you submit is accurate, complete, up-to-date, and compliant with all applicable laws, rules, and regulations.

You agree that you will not publish, upload, share, store, or otherwise provide any User Submitted Content through the service that:

  1. Infringes any third-party’s copyright or other rights (such as trademark, privacy, etc.)
  2. Contains pornography or sexually explicit content
  3. Contains hate speech, defamation, or discriminatory content, or incites hatred against any individual or group
  4. Exploits minors
  5. Depicts illegal activities or extreme violence
  6. Depicts animal abuse or extreme violence against animals
  7. Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get-rich-quick schemes, online games and gambling, cash gifting, work-at-home businesses, or any other suspicious money-making scheme
  8. Violates any laws

License

In order to display your user-submitted content on the service and allow other users to enjoy it (if applicable), you grant us certain rights with respect to that user-submitted content (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy, to the extent they relate to user-submitted content that is associated with your personal information.

By submitting user-submitted content through the service, you hereby grant Zeabur a worldwide, non-exclusive, perpetual, royalty-free, fully-paid, irrevocable, sublicensable and transferable license to use, edit, modify, truncate, aggregate, copy, distribute, prepare derivative works of, display, perform and otherwise fully exploit user-submitted content in connection with the Site, the Service and us (and our successors and assigns) business, including without limitation for the purpose of promoting and redistributing the whole or part of the Site or the Service (and its derivative works), and including after you terminate your account or the service. You also hereby grant to each user of the Site and/or the Service a non-exclusive, perpetual license to access your user-submitted content through the Site and/or the Service and to use, edit, modify, copy, distribute, prepare derivative works of, display and perform such user-submitted content, and including after you terminate your account or the service.

For the avoidance of doubt, the licenses granted to us and our users under the foregoing will not affect any other rights or licenses that you may have in and to user-submitted content, including the right to grant other licenses relating to user-submitted content, unless otherwise expressly agreed in writing.

Finally, you understand and agree that Zeabur may need to take necessary technical steps in order to provide the service to users (including you) when such steps are reasonably necessary to conform and adapt any user-submitted content so that it is in technical compliance with the connection requirements of networks, devices, services or media, and the foregoing license includes the right to do so.

9. Intellectual Property Disputes

In accordance with the Digital Millennium Copyright Act (DMCA), we reserve the following rights to deal with copyright infringement:

  1. The right to block access to or remove material that we believe in good faith to be infringing, to the extent that material is made available via our advertising, affiliate, content provider, member or user network, and to the extent that such material is made available under a party’s legitimate license.
  2. The right to remove and/or disable access to material that we believe in good faith to be infringing, to the extent that such material is made available via our advertising, affiliate, content provider, member or user network, and to the extent that such material is made available under a party’s legitimate license.

Reporting Copyright Infringement

If you believe that material or content available on the service infringes your copyright (or the copyright of someone you are authorized to act on behalf of), please send a copyright infringement notification containing the following information to Zeabur:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work or material that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a copyright infringement notification, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the service.

  1. The right to remove or disable access to material that we believe in good faith to be infringing, to the extent that material is made available via our advertising, affiliate, content provider, member or user network, and to the extent that such material is made available under a party’s legitimate license;

  2. The right to notify the content provider, member or user that we have removed or disabled access to such material;

  3. The right to terminate in appropriate circumstances the content provider, member or user’s access to our service.

Reporting Copyright Infringement

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such material, the content provider may send a counter-notice containing the following information to Zeabur:

  1. A physical or electronic signature of the content provider;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled;
  4. The content provider’s name, address, and telephone number, and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is outside of the United States, for any judicial district in which Zeabur may be found, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 to 14 business days. We may also replace the removed material or cease disabling it in 10 to 14 business days if the copyright owner files an action seeking a court order against the content provider alleging that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

10. Limitation of Liability

Any information or content published or transmitted via the service by the original provider of such content is solely responsible for it, and you access all such information and content at your own risk. We are not responsible for any errors or omissions in such information and content or for any loss or damage caused by such information and content. We cannot control and have no obligation to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby waive all liability for claims arising from or related to the content you have or have not received through the service. We cannot guarantee the identity of any users with whom you interact in the course of using the service, and are not responsible for which users gain access to the service.

You are responsible for all content you contribute to the service in any manner, and you warrant that you have all necessary rights to do so in the manner you contribute.

The service may contain links to or connect to third-party websites or services that are not owned or controlled by Zeabur. When you access third-party websites or use third-party services, you accept that there are such risks, and

We are not responsible for any content, accuracy, privacy policies, or practices of or opinions expressed by any third-party websites or any third parties with whom you interact through the service. In addition, Zeabur will have no ability to monitor, verify, review, or edit any content on any third-party website or service. We encourage you to be aware when you leave the service and to read the terms and conditions and privacy policies of each third-party website or service that you visit or use. By using the service, you waive and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found through the service, including payment and delivery for goods or services, and any other terms, conditions, warranties or representations associated with such transactions, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before engaging in any transaction with these third parties. You agree that Zeabur is not responsible or liable for any loss or damage of any kind incurred as the result of any such transaction.

If there is a dispute between participants on the site or the service, or between you and any third party, you agree that Zeabur is not responsible for it. If you have a dispute with one or more other users, you will release Zeabur, its directors, employees, agents, and successors in right from any claims, demands, and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

11. Service Changes

We are constantly working to improve our services, so they may change over time. We may suspend or stop any part of the service, or we may introduce new features, or we may impose limits on certain features, or we may restrict access to part or all of the service. We will try to notify you when we make major changes to a service that is not to your advantage, but this is not always possible. We reserve the right to delete any content at any time, for any reason (including but not limited to if someone claims that you provided the content in violation of these terms), in our sole discretion, and without notice.

12. Fees

If you are using a free version of the service, we will notify you before we start charging you for any service you use, and if you wish to continue using such service, you must pay all applicable fees for such service.

Billing

Some of our services may now or in the future be charged for (the “Paid Services”). Please refer to our Paid Services page for a description of the current Paid Services. Please note that any payment terms displayed to you during the use or registration process for a Paid Service are deemed to be part of these terms.

Payment

We use third-party payment service companies to charge you for using paid services through your account on the service (the “Billing Account”) linked to your payment account. The payment processing of the third-party payment service company will be subject to terms, conditions and privacy policies other than these terms. Currently, we use Stripe as our third-party payment service company.

You can access Stripe’s service terms through Stripe Service Terms and its privacy policy through Stripe Privacy Policy. We are not responsible for any errors or other actions or omissions of the third-party payment company. By choosing to use a paid service, you agree to pay all fees to us through the third-party payment company in order to use such paid service at the then-current price, and authorize us to charge your selected payment provider (the “Payment Method”) through the third-party payment company. You agree to pay using the selected payment method. We reserve the right to correct any errors or errors of the third-party payment company, even if the third-party payment company has requested or received payment.

Payment Method

The terms related to your payment method will be determined by your payment method and may be determined by agreements you have with your financial institution, issuer of your credit card, or other provider of your chosen payment method. If we do not receive your payment through the third-party payment company, you agree to pay all fees on your billing account when requested.

Recurring Billing

Some paid services may include an initial period of one-time charge, followed by recurring charges that you agree to. By choosing a recurring payment plan, you confirm that the service has an initial and recurring payment feature, and you assume responsibility for all recurring charges before cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice (we confirm receipt of such notice) that notifies us that you have terminated such authorization or wish to change your payment method. Such notices will not affect charges that we reasonably could have taken prior to submission. To terminate your authorization or change your payment method, please go to Account Settings.

Current Information Requirement

You must provide your billing account with current, complete and accurate information. You must immediately update all information to keep your billing account current, complete and accurate (for example, changing your billing address, credit card number or credit card expiration date), and if your payment method is canceled (for example, due to loss or theft), or if you become aware of a potential security breach, such as unauthorized disclosure or use of your user name or password, you must immediately notify us or our third-party payment company. This information can be changed in Account Settings. If you do not provide any of the information above, you agree that unless you have terminated your paid services in accordance with the above, we will continue to charge you for any use of paid services under your billing account.

Authorization Amount Change

If the amount to be charged from your billing account is different from the amount you have preauthorized (unless due to collection or change in sales tax amount), you are entitled to receive and we will provide notice, which will include the amount to be charged and the transaction schedule date. Your agreement with your payment provider will govern your use of your payment method. You agree that we may accumulate charges that occur and submit them as one or more aggregate charges so that they are submitted at the end or end of each billing cycle.

Automatic Renewal

Unless you choose to cancel automatic renewal, any paid service you have signed up for will automatically renew for the same continuous term as the initial subscription period and at the then-current non-promotional price. To change or cancel your paid service at any time, please go to Account Settings. If you terminate a paid service, you can use your subscription until the end of your current term, and your subscription will not renew after the end of your current term. However, you will not be entitled to a pro rata refund of any portion of the subscription fee paid for the current subscription period. If you do not want to be charged on a monthly recurring basis, you must cancel the corresponding paid service through your Account Settings or terminate your Zeabur account before the end of the recurring period. Unless otherwise specified in this section, any fees you have paid, Zeabur will not refund.

Termination of Paid Services

You will be responsible for these fees unless you terminate or continue to use the paid service, which we may submit for payment to your payment method. This does not waive our right to seek payment directly from you. Your fees may be prepaid, postpaid, billed on a usage basis, or described in other ways when you initially choose to use the paid service.

Free Trials and Other Promotions

Any free trial or other promotional offer that provides access to paid services must be used within the time specified for the trial period. You must stop using the paid service before the trial period ends to avoid being charged for the paid service. If you cancel your subscription before the trial period ends and are charged for the paid service, please contact us.

13. Termination

You can stop using the service at any time by contacting us at contact@zeabur.com](mailto:contact@zeabur.com) ; please refer to our Privacy Policy, and the above license, for information about how we handle the information you provide to us after you stop using our services.

Zeabur also has the right to terminate (or suspend) your right to use the service or account, including if you violate any restrictions set forth in these terms. Zeabur alone has the right to determine whether you have violated any of the restrictions set forth in these terms.

Account termination may result in the destruction of content related to your account, so please consider carefully before deciding to terminate your account.

If you accidentally delete your account, please contact us immediately. We will try to help you, but unfortunately we cannot guarantee that we can recover or restore anything.

By their very nature, provisions that should survive termination of these provisions will survive termination. For example, all of the following terms will survive termination: any obligations you are entitled to pay or indemnify us, limitations on our liability, all terms regarding ownership or intellectual property rights, and terms of disputes between us, including but not limited to an arbitration agreement.

14. Promotional Rewards

Sometimes, Zeabur may offer rewards or incentives for recommending other users to use the service. For details on current referral promotions, please refer to our referral page. A referring user (the “referring user”) can refer a person or entity that is neither a current customer of Zeabur nor a registered user of the service (the “referred user”). Registered users are people or entities who already have a Zeabur account. There is no limit to the number of people a referring user can refer through such special promotions, nor is there a limit to the total rewards or incentives that a referring user can receive through such special promotions, unless otherwise specified.

The referring user will receive a reward or incentive for each referred user who completes the required actions described in the special promotion (for example, registering an account or purchasing). All referred users must be the first to receive the promotion and will ignore multiple recommendations for the same person or entity.

Zeabur reserves the right to modify or terminate any special promotion at any time and reserves the right to revoke any special promotion granted to a referring user or a referred user, for any reason. If Zeabur believes that a referring user or a referred user is trying to obtain an unfair or violates the terms or spirit of such special promotions, Zeabur reserves the right to revoke any rewards or incentives that the referring user or the referred user has received.

All special promotions are subject to any other terms, conditions and restrictions on the service or associated with the special promotion.

15. Other

Disclaimer

Zeabur and its licensors, suppliers, partners, parent companies, subsidiaries or affiliated entities, and each of their directors, officers, members, employees, advisors, contractors, representatives and agents, and each of their heirs and successors (collectively, Zeabur and partners) will not make any representation or warranty about the service, including but not limited to the content included in or accessed through the service, Zeabur and partners will not be responsible for the accuracy, copyright compliance, legality or morality of any content included in or accessed through the service or any claim, action, lawsuit, cost, fee, loss or liability related to your use of the service or any way in which you participate in the service.

Zeabur and partners make no representations or warranties about the services or products offered through or in connection with the service. The services and content provided by Zeabur (and its licensors and suppliers) are provided “as is” without any warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or the use of the service will not be interrupted or error-free.

Limitation of Liability

In no event will Zeabur or its partners be liable to you or any other person for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of profits, business interruption, data loss, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, even if Zeabur or its partners have been advised of the possibility of such damages. In no event will Zeabur or its partners’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred U.S. dollars ($100) or the amount you have paid and/or payable to Zeabur for the services in question in the twelve (12) months prior to the action giving rise to such liability, whichever is greater. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Indemnification

In the maximum extent permitted by applicable law, you agree to indemnify and hold Zeabur and its partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with any claim arising from or related to (a) your use of the service (including any action taken by any third party using your account), and (b) your breach of these terms. In the event of such a claim, lawsuit or action (“claim”), we will try to provide notice of the claim to the contact information we have about your account (provided that failure to provide such notice will not relieve or reduce your indemnification obligations under these terms).

Transfer

You may not assign, transfer or delegate these terms or your rights or obligations under these terms, or your service account, in any way (by operation of law or otherwise) without Zeabur’s prior written consent. We may assign, transfer or delegate these terms and our rights and obligations without consent.

Other matters

You will be responsible for paying, withholding, reporting and remitting all taxes, duties and other governmental charges related to your activities in connection with the service, to the extent that Zeabur can, in its sole discretion, represent you or act on its own behalf with respect to any such item. No matter how we exercise any right under these terms, no waiver of any further rights is implied. If any term of these terms is held to be unenforceable or invalid, that term will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect and enforceable.

You and Zeabur agree that these terms are the complete and exclusive statement of the agreement between you and Zeabur, and these terms supersede and cancel all prior written and oral agreements, communications and other understandings with respect to the subject matter hereof. You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of Zeabur, and you have no authority to bind Zeabur in any way.

Unless otherwise expressly provided, you and Zeabur agree that there are no third-party beneficiaries under these terms.

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