Terms of Service
Last updated: April 8, 2023
Thank you for using Jamsync! I appreciate you wanting to use Jamsync to help you make better software faster. Because I don't know every one of you personally, I have to put in place some Terms of Service. Let me know if you have any questions!
This document has been changed and adapted to Jamsync from the open-source Basecamp policy which can be found here.
When we say "Company", "we", "our", "I", "me", "Jamsync", or "us" in this document, we are referring to Zach Geier and the company I may form to develop Jamsync.
When we say "Services", we mean our website, jamsync.dev, and any product created and maintained by us.
When we say "You" or "your", we are referring to the people or organizations that own an account with one or more of our Services.
We may update these Terms of Service ("Terms") in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.
When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.
If you violate any of the Terms, we may terminate your account.
- You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Services for any purpose outlined in our Use Restrictions policy, and you may not permit any of your users to do so, either.
- You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Cancellation and Termination
- You are solely responsible for properly canceling your account. If you need help canceling your account, you can always contact me.
- All of your content will be inaccessible from the Services upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
- Because Jamsync is in the early stages of development, we need to preserve our ability to move quickly. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
When you use our Services, you entrust us with your data. We take that trust to heart. We as humans can access your data for the following reasons:
- To help you with support requests you make. We'll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
- To safeguard Jamsync. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-US authority approaches Jamsync for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Jamsync is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
Copyright and Content Ownership
- All content posted on the Services must comply with U.S. Please contact [email protected] to file a copyright infringement claim.
- You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
- We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.
Services Adaptations and API Terms
We offer Application Program Interfaces ("API"s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:
- You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
- Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. If you choose to use our Services, thank you for betting on us.
If you have a question about any of these Terms, please contact Zach.
Adapted from the Basecamp open-source policies / CC BY 4.0