Terms of Service
Last updated on: 2022-06-10
Who we are
We (the people at Scramjet) are on a mission to make the cloud an easier place for developers to deploy applications. We hope that the internet and you enjoy our products and services – from our cloud workload management to our Transform-as-a-Service (TaaS) offerings, either in the cloud, hybrid or on-premises, allowing people around the world to deploy any type of code, building the next generation of products on our distributed ecosystem. These Terms of Service (“Terms”) describe our commitment to you, and your rights and responsibilities when using our service. Please read them carefully and reach out to us if you have any questions at [email protected]. If you don’t agree to these Terms, don’t use our services.
- Agreement: Terms of Service and all other operating rules, policies, and procedures that we may publish via the Services
- Customer (also “you” and/or “your”): individual or entity using our Services, accepting this Terms and registering account on the Platform.
- Customer Data (also “content”): any content you transfer or transform using our Services
- Platform: the Scramjet Cloud Platform, currently in beta phase.
- Services: all functionalities given by using Scramjet Cloud Platform, described in the documentation
- Instance: unit with allocated compute resources on which you run your Sequences
- Sequence: also “Application” and/or “Program”, piece of software that you upload to the Platform and run on the Instance
Who is Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We refer to Scramjet Sp. z o.o. as “Scramjet” (also “we”, “our” and “us”) throughout these Terms. We are a registered company in Poland, Innowacyjna 1 Street, 16-400, Suwałki with registration number: 8442369108.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
Services in the Scramjet Cloud Platform Beta are offered free of charge, within limits provided on the Scramjet website at https://scramjet.org/#join-beta.
Scramjet Cloud Platform enables you to build applications, run workloads in the cloud, scale workloads across different providers, and we would love for you to use it. We don't own your Sequences, and you retain all ownership rights you have in the content you post to your Scramjet Cloud Platform. However, be responsible in what you run and compute. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) is processed through your Instance.
You represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from Poland or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Scramjet;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
We also do not allow the use of web miners, crypto-miners, or other forms of harmful content that has the ability to impact other users.
You may not use Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. We may terminate your access to our Services without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a regulatory authority requires it.
Intellectual Property Rights
The Agreement doesn’t transfer any Scramjet or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Scramjet and you) solely with Scramjet. Scramjet and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Scramjet (or Scramjet’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Scramjet or third-party trademarks.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (a) reclaim your username due to prolonged inactivity, (b) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Scramjet policy, or is in any way harmful or objectionable, (c) ask you to make adjustments, restrict the resources or terminate your access to the
Services, if we believe your service storage or bandwidth usage burdens our or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason.
By accepting these Terms or using the Services, you understand and acknowledge that the Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. You assume all risks and all costs associated with your use of the beta services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. In addition, we are not obligated to provide any maintenance, technical, or other support for the Services.
Our Services are provided “as is.” Scramjet and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Scramjet, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Indemnification
You agree to indemnify and hold harmless Scramjet, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, data you transform or activity you conduct using the Services.
Limitation of Liability
In no event will Scramjet, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental or consequential damages; (b) the cost of procurement for substitute products or services; (c) for interruption of use or loss or corruption of data. Scramjet shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Changes to these Terms
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The agreement may only be modified by a written amendment signed by an authorized executive of Scramjet, or if Scramjet posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Scramjet and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Scramjet may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you. Please join our community at our Discord channel. We’re looking forward to your contributions.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Poland, including its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the District Court in Suwałki (PL: “Sąd Rejonowy w Suwałkach”), Poland.