TERMS OF SERVICE

These Terms of Service (the “Terms of Service” and/or “Terms”) contain the legal terms and conditions that govern your use of and access to https://hub.xrebel.com and any related sites (the “Site”) and our Agents, Software and Documentation (all as defined below and collectively, the “Services”) (the Site and the Services are referred to collectively as the “ZeroTurnaround XRebel Hub Properties”). Please review these Terms of Service carefully before using the Services.

Licensor – ZeroTurnaround AS, company established under the laws of Estonia, with registration number 11655017 and with its address at Ülikooli 2, Tartu 51006, Estonia. The legal identity of the Licensor may change due to a merger, acquisition or other types of succession. This Agreement can be assigned along with the IP Rights for the Licensed Software.

By using the ZeroTurnaround XRebel Hub Properties, clicking on the “I Agree” Button, completing the registration process, and/or browsing the Site or downloading any of our Agents, you represent that (1) you have read, understand, and agree to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with the Licensor, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you” and “your” will refer to the entity you are representing.

1. Services

1.1 ZeroTurnaround May Discontinue the Services. ZeroTurnaround may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.

1.2 ZeroTurnaround may modify these terms. ZeroTurnaround may update these Terms from time to time. The most current version of these Terms will be posted on Site. When changes are made, ZeroTurnaround will make a new copy of the Terms available at the Site. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the ZeroTurnaround Properties and, for all other users, any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the Site.

1.3 Privacy. The ZeroTurnaround Privacy Policy http://zeroturnaround.com/privacy-policy/ governs any of the personal information that you provide to us.

1.4 Your Account. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by our registration form (“Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the ZeroTurnaround Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree not to create an account using a false identity or information. You agree not to create an account or use the ZeroTurnaround Properties if you have been previously removed by ZeroTurnaround, or if you have been previously banned from any of the ZeroTurnaround Properties. It is your responsibility to safeguard the login and password that you use to access the Services and you agree not to share your login and password with any third party, including not sharing your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should notify ZeroTurnaround immediately of any unauthorized use of your account.

1.5 Use of the ZeroTurnaround Properties. Subject to compliance with these Terms of Service, ZeroTurnaround grants to you a limited, non-exclusive, non-transferrable, non-sublicensable right to: (i) access and use the ZeroTurnaround Properties for your internal business purposes; (ii) use the Documentation in support of such access and use of the ZeroTurnaround Properties; and (iii) reproduce portions of the ZeroTurnaround Properties for the sole purpose of using the ZeroTurnaround Properties for your internal business purposes. Unless otherwise specified by ZeroTurnaround in a separate license, your right to use any ZeroTurnaround Properties is subject to the Terms.

Agent License. Use of any of our software agents and associated documentation that is made available via the Site or the Services (each an “Agent”) is governed by the terms of the license agreement that accompanies or is included with the Agent, or by the license agreement expressly stated on the Site page(s) accompanying the Agent. These license terms may be posted with the Agent downloads or at the Site page where the Agent can be accessed. You will not use, download or install any Agent that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will ZeroTurnaround provide you with any tangible copy of an Agent. ZeroTurnaround shall deliver access to the Agents via electronic transfer or download and shall not use or deliver any tangible media in connection with the (i) delivery, installation, updating or problem resolution of any Agents (including any new releases); or (b) delivery, correction or updating of documentation. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Agents is prohibited, including any copying or redistribution of the Agents to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Agent.

1.6 Your Data. Use of the Services may depend on your transmission of certain data (your “Data”). You retain all rights and ownership in your Data. We do not claim any ownership rights in your Data. You represent and warrant that you have the necessary rights and licenses required to provide your Data to ZeroTurnaround in connection with your use of the Services and that by providing your Data in this manner, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any data subject as required by any applicable law, rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by ZeroTurnaround and/or you.

1.7 ZeroTurnaround Stores Your Data in the United States. ZeroTurnaround provides the Service from the United States. By using and accessing the Service, you understand and agree to the storage and processing of your Data and any other information you choose to provide in the United States.

2. Indemnification. You agree to indemnify and hold ZeroTurnaround, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by ZeroTurnaround and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the ZeroTurnaround Properties, your violation of these terms, or your violation of any law.

3. The Service is Available “AS-IS” AND WITHOUT WARRANTY. ZeroTurnaround PROVIDES THE ZeroTurnaround PROPERTIES “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE ZeroTurnaround PROPERTIES IS AT YOUR OWN RISK. ZeroTurnaround PROVIDES THE ZeroTurnaround PROPERTIES WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZeroTurnaround makes no warranty or condition that the ZeroTurnaround Properties will meet your requirements or be uninterrupted, timely, secure or error-free. ZeroTurnaround makes no warranty or condition that results obtained from your use of the ZeroTurnaround Properties will be accurate or reliable or that any errors in the ZeroTurnaround Properties will be corrected. ZeroTurnaround will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the ZeroTurnaround Properties. No advice or information, whether oral or written, obtained by you in connection with your use of the ZeroTurnaround Properties shall create any warranty not expressly stated in these Terms.

4. ZeroTurnaround’s Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZeroTurnaround, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ZeroTurnaround HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

5. Termination. We reserve the right to suspend or cease providing the ZeroTurnaround Properties or any portion of the ZeroTurnaround Properties, at any time, with or without cause, and with or without notice. We may suspend or terminate your use of the ZeroTurnaround Properties if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services.

6. Export Control. You may not use, export, import or transfer the ZeroTurnaround Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the ZeroTurnaround Properties and any other applicable laws. In particular, but without limitation, the ZeroTurnaround Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the ZeroTurnaround Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the ZeroTurnaround Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by ZeroTurnaround are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the ZeroTurnaround Properties, or any portion thereof, either directly or indirectly, to any country in violation of such laws and regulations.