Pakyow Terms of Service
Your use of Metabahn’s Pakyow.com service is governed by this agreement (the “Terms”). “Metabahn” means Metabahn, LLC. The “Service” means any of the the services provided by Metabahn through its websites and any other software or services offered by Metabahn.
In order to use the Service, you must first agree to these terms. Your use of the service constitutes acceptance of these terms.
Metabahn may make changes to the terms from time to time. You may reject the changes by terminating your account. You understand and agree that your use of the service after the date on which the Terms have changed constitutes acceptance of the updated terms.
If you have any question about the terms, please drop us a line.
- You may not use the service if You are a person barred from receiving the service under the laws of the United States or other countries, including the country in which you are resident or from which you use the service.
- You may not use the service unless you are over the age of 13.
- You must be a human. Accounts created by automated methods are not permitted.
Use of the Service
- You must provide accurate and complete registration information any time you register to use the Service.
- You are responsible for the security of your passwords and for any use of your account.
- Your use of the service must comply with all applicable laws, regulations and ordinances.
- You agree to not engage in any activity that interferes with or disrupts the service.
- Metabahn reserves the right to enforce quotas and usage limits with respect to any resources, including, without limitation, the API, at its sole discretion, with or without notice, which may result in Metabahn disabling or throttling Your usage of the service for any amount of time.
- You may not allow multiple people to use the same account or otherwise access the service in a manner intended to avoid incurring fees.
Fees for Use of the Service
- The service may be provided to You without charge with certain limits or for a certain "trial" period of time.
- Usage over this limit (or after the "trial" period) requires your purchase of additional resources or services.
- For all purchased resources and services, we will charge your credit card on a one-time, monthly, or yearly basis.
- Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Charges are solely based on Metabahn's measurements of your use of the service, unless otherwise agreed to in writing.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- You acknowledge and agree that any credit card and related billing and payment information that you provide to Metabahn may be shared by Metabahn with companies who work on Metabahn's behalf, such as payment processors, solely for the purposes of effecting payment to Metabahn and servicing your account.
- Metabahn may change its fees and payment policies for the service by notifying you at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Cancellation and Termination
- You must cancel your account via your account settings. An email or phone request to cancel your account is not considered cancellation.
- Refunds are issued at the sole discretion of Metabahn, unless otherwise required by applicable law.
- 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. Your last billing cycle will not be prorated.
- Within 30 days of cancellation, all content will be deleted from the service, with the exception of content uploaded to the public community site.
- You agree that Metabahn, in its sole discretion and for any or no reason, may terminate or suspend your account. You agree that any termination of your access to the service may be without prior notice, and you agree that Metabahn will not be liable to you or any third party for such termination.
Pakyow Team is a per developer paid subscription that give access to a commercial license for the Pakyow Frameworks, as well as access to private support services provided by Metabahn.
Subscriptions may only be used by users connected to the subscription. The number of users included in a subscription depends on the number of users purchased by the subscription owner. The list of users can be changed at any time by the subscription owner.
Terms of Support
Access to all web-based support features (online documentation and source code, online help forums) are generally available 24 hours per day, 7 days a week, 365 days a year barring unforeseen interruptions in Internet service or planned exceptions by Metabahn. Notwithstanding anything to the contrary in this Agreement, Metabahn does not guarantee such availability.
Private support services are also generally available 24 × 7 × 365, although the response to each request may not happen immediately, and will be governed by the response time terms outlined below. Any planned exceptions to the availability of services will be communicated on the Pakyow website as far in advance as possible.
Metabahn will respond to support requests within three (3) working days. This response time is the elapsed time between the receipt of a support request and the time when Metabahn begins the support service. The actual time required to fully resolve the support request, if such full resolution occurs, may be longer than the maximum response time listed.
Metabahn will use commercially reasonable efforts to assist you in resolving problems in its use of the Pakyow Frameworks but makes no guarantee that it can, or will, solve any problems, and further disclaims any warranties above and beyond any limited warranties that may have been expressly made by Metabahn in the License Agreement.
Software Available for Download
There is software available for download in the Service, such as the Pakyow Frameworks. Downloading software does not give you ownership of any intellectual property in the downloaded software. You may use the downloaded software only under the license chosen by the publisher of the software.
Ideas and Feedback
You may choose to, or we may invite you to, submit comments or ideas about the service, including but not limited to ideas about improving the service or our products. By submitting any idea, you agree that your disclosure is unsolicited and without restriction and will not place Metabahn under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
Modification of the Service
You acknowledge and agree that the service may change from time to time without prior notice to you. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed features, and other enhancements or restrictions.
Metabahn shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
The services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Metabahn is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
"Confidential Information" shall mean information or material that is confidential and proprietary to the disclosing party ("Owner") and that is identified as "Confidential" by the Owner.
- All Confidential Information remain your property.
- Your Confidential Information may only be used by Metabahn in performance of the Service.
- Metabahn shall not disclose Confidential Information to any third party without your prior written permission.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law.
- Metabahn claims no intellectual property rights over the material you provide to the Service. What you upload remains yours.
- Metabahn reserves the right (but not the obligation) at our sole discretion to refuse or remove any content that is available via the Service.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS”. METABAHN 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 METABAHN NOR ITS SUPPLIERS AND LICENSORS, MAKE ANY WARRANTY THAT THE SERVICE, OR ANY COMPONENT THEREOF, WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
Under no circumstances will Metabahn be liable for any consequential, indirect, special, general, incidental, reliance, exemplary, or punitive damages arising out of or relating to these Terms, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if such party has been advised of the possibility of such damages.
Metabahn’s aggregate liability to you for any claim arising out of or relating to these Terms will not exceed the aggregate amount of subscription fees paid by you to Metabahn under the Terms during the twelve (12) month period prior to the cause of the action.
You agree to indemnify and defend Metabahn, its members, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers and partners, from and against any third party claims arising from, or in any way related to: (a) Your breach of the Terms, (b) Your use of the Service; (c) Your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (including punitive), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
- The Terms constitute the whole legal agreement between You and Metabahn and govern Your use of the Service and completely replace any prior agreements between You and Metabahn in relation to the Service.
- You agree that if Metabahn does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Metabahn has the benefit of under any applicable law), this will not be taken to be a formal waiver of Metabahn’s rights and that those rights or remedies will still be available to Metabahn.
- Metabahn shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control; including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
- Your performance under these Terms may not be assigned to any third party.
- These Terms shall be binding on and shall inure to the benefit of Metabahn, its successors and assigns.
- The Terms shall be construed according to the laws of the State of Washington, United States.
- If any term, clause, or provision of the Terms is held invalid or unenforceable, the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall not be affected.
- Nothing in these Terms shall be construed to create a joint venture, partnership, or agency relationship. Metabahn is an independent contractor.