Officially, we are garnix, Co., but for purposes of these Online Terms and Conditions (“Terms”), we may refer to ourselves as the “Company”, “us”, “we”, or “our”. These Terms are meant to give you background about our website (https://garnix.io), our applications, and our online services (collectively, “Services”). Please read these Terms carefully before accessing our Services. You must accept and comply with these Terms before accessing our Services.
Our Services and all of the information contained on or through the Services, may be accessed only by “Authorized Users”. Who are Authorized Users? Authorized Users are those persons who have accepted and agreed to these Terms. You are an authorized user if you are using the Services on your own behalf or on behalf of your employer.
By clicking the ACCEPT button at the end of these Terms, you are acknowledging that you have read these terms and are an Authorized User that agrees to be bound by these Terms. You are also acknowledging that you have read our Privacy Policy and agree to be bound by it.
These Terms apply to all visitors, users and others who wish to access or use the Services. These Terms apply to all versions of the Services.
These Terms form a binding “contract” between you and us. In the event that you have entered into a separate agreement with us and there is any conflict between such agreement and these Terms, the applicable provision in that agreement will prevail.
Our Services include software hosting, caching of artifacts, and continuous integration for the data, source code, build artifacts, dependencies, and software that you provide (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, security, reliability, and appropriateness. You are also responsible for maintaining backups of your Content.
By posting Content on or through the Services, you state that:
- the Content is yours (you own it) or you have the right to use it and the right to grant us the rights and license as provided in these Terms;
- the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and
- the Content otherwise complies with all applicable law.
We reserve the right to terminate your account if we find you to be infringing on a copyright or otherwise violating any of these statements.
You retain all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Services, you grant us the right and license to use such Content to the extent necessary to provide you with our Services.
When you create an account with us, you must be above the age of 13. If you are under 18 you must have your parent or legal guardian’s permission to use the Service. All the information you provide us with must accurate, complete, and current at all times. We may otherwise terminate your account.
You are responsible for maintaining the confidentiality of your account, including your password, tokens, and login credentials, and including but not limited to the restriction of access to your computer or account. You agree to accept responsibility for all activities or actions that occur under your account or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any (actual, threatened, or potential) breach of security or unauthorized use of your account.
The Services and its original content (excluding Content provided by Authorized Users of the Services), features and functionality, and all its improvements or derivations, are and will remain the exclusive property (including intellectual property) of the Company (and, if applicable, its licensors). The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used (whether in connection with any product or service or otherwise) without the prior written consent of the Company and except as permitted by these Terms. As an Authorized User, we give you access to the Services under a restricted license (i.e., the license is subject to the restrictions in these Terms) that is also fully revocable (i.e., we can suspend your use at our discretion).
You agree that you will not:
- modify, copy, decompile, disassemble or reverse engineer, or cause any other party to modify, copy, decompile, disassemble or reverse engineer our software, technology, or the Services;
- sublicense any of our intellectual property to third parties or sell, resell, rent, sublicense or lease the Services to third parties;
- otherwise violate the license grant or restrictions set forth in these Terms;
- use the Services to store or transmit malicious software;
- interfere with or disrupt the integrity or performance of the Services or third-party data that they contain;
- attempt to gain unauthorized access to the Services or their related systems or networks;
- misappropriate any of our software, technology or other services or use the Services to permit, enable or assist a third party to create competing products or services;
- post explicit sexual content;
- send spam mail, fax, SMS or other digital messages, including any unauthorized or unsolicited advertising, or attempts to disguise or misrepresent the identity of the sender; or
- mine cryptocurrencies.
You understand that pricing for our Services will be listed on the pricing page, or separately quoted to satisfy your unique needs, if any. Prices are based on plan and usage. You understand that usage limits may cause service interruptions if your usage for a particular payment period exceeds your purchased limit. Any invoice you receive must be paid within 30 days of the invoice date.
You may have access to information that is confidential to the Company, including but not limited to the Services and the Company content, and any information related to the Services and the Company content (“Company Confidential Information”).
Company Confidential Information does not include information which:
- is or becomes a part of the public domain through no act or omission of the other party;
- was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party;
- is lawfully disclosed to the other party by a third party without restriction on disclosure; or
- is independently developed by the other party.
You agree not to make Company Confidential Information available in any form to any unauthorized third parties. You agree to take all reasonable steps to ensure that you, your employer, or the entity on whose behalf you use the service do not disclose Company Confidential Information.
You may from time to time submit feedback, comments, suggestions, questions, ideas, or other information to us concerning the Services or our products, services, technology, techniques, processes or materials (“Feedback”). We may in connection with any of the Services and its products and services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.
Our Services may contain links to (or otherwise inter-operate with) third party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit, and use any such third party web sites or services only if you are in agreement with the terms governing those third party services. If you click-through to any third-party services, either directly or indirectly through the Services (collectively, the “Linked Sites”), you acknowledge and agree that you will be subject to the terms and conditions of usage applicable to such Linked Sites. If you do not comply with a third party service terms and conditions, we may be required to terminate your access to such third party’s content or the Services if we cannot separate the third party content from our Services. We will have no liability for any reduction of or inaccessibility to the Services and you will not be entitled to any remedy as a result of your access termination of either a third party service or our Services where applicable.
In an effort to reduce our environmental impact, we run your tests, and host your software, using green and renewable electricity. Specifically, we use Hetzner Online, located in Germany and Finland, for hosting your builds. We will, however, also rely on other third party service providers that may use non-green or non-renewable electricity for our operations, including uptime monitoring, email, and chat servers.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to as a result of a breach of any provision under these Terms.
If you wish to terminate your account, please reach out to [email protected].
All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, intellectual property/ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and its and their employees, contractors, agents, officers and directors, from and against all damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), for any third party claim against the Company arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.
IN NO EVENT SHALL THE COMPANY, NOR ANY OF ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND/OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, INCLUDING EVEN IF RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO CASE SHALL THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF THESE TERMS, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE THE ACTUAL PAYMENTS RECEIVED BY THE COMPANY FROM YOU OVER THE PRIOR TWELVE MONTHS FROM THE DATE ON WHICH A CLAIM AROSE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE IN THIS SECTION 12 OR THE DISCLAIMER SET FORTH BELOW IN SECTION 13, THIS LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS AGREED TO GRANT YOU ACCESS TO THE SERVICES IN PART IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Furthermore, the Company will often release products labeled “alpha” and “beta”, which serve as our notification to you that we do not believe the product or service meets industry, or our own, standard security, reliability, and stability expectations. You acknowledge and agree that your use of any products labeled “alpha” and “beta” is at your own risk.
The Company does not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements or business objectives.
These Terms will be governed by and should be construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and you regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. As a convenience to our users, we provide the entire history of these Terms as a git repository here. All discussions in this repository are intended to encourage improvements to the Terms and the Services, and are NOT legally binding. If these Terms are updated, the new version will become the HEAD ref of the branch name “current” available on our website. You can elect to stop using the Services in case you do not agree to the material change of these Terms.
By continuing to use our Services after any modifications of our Terms become effective, you agree to be bound by these Terms as amended/revised. If you do not agree to the new Terms, you are no longer authorized to use the Services.
If you have any questions about these Terms, please contact us: By email: [email protected] By mail: 548 Market St PMB 31001 San Francisco, California 94104-5401 US