The Territory.dev Terms of Service

Effective date: August 1, 2024

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.

  1. An “Account” represents your legal relationship with Territory.dev. A “Personal Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Territory.dev. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations.
  2. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Territory.dev Data Policy, available at territory.dev/data.html) and procedures that we may publish from time to time on the Website.
  3. “Beta Previews” mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
  4. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
  5. “Territory.dev,” “We,” and “Us” refer to Territory.dev, Sp. z o. o., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. The “Service” refers to the applications, software, products, and services provided by Territory.dev, including any Beta Previews.
  7. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.
  8. The “Website” refers to Territory.dev’s website located at territory.dev, and all content, services, and products provided by Territory.dev at or through the Website. It also refers to Territory.dev-owned subdomains of territory.dev, such as app.territory.dev and code.territory.dev. Occasionally, websites owned by Territory.dev may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

B. Account Terms

Short version: Personal Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls

2. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

3. Account Requirements

We have a few simple rules for Personal Accounts on Territory.dev’s Service. * You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted. * One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that’s fine, but it can only be used for running a machine). * Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

4. Account Security

You are responsible for keeping your Account secure while you use our Service. * You are responsible for all content posted and activity that occurs under your Account. * You are responsible for maintaining the security of your Account and password. Territory.dev cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. * You will promptly notify Territory.dev by contacting us through the Territory.dev Support email if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

C. Acceptable Use

Short version: Territory.dev hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

D. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content and Tracked Repositories

You may create or upload User-Generated Content while using the Service. Additionally, you may import external repositories (“Tracked Repositories”) by providing their URLs to the Service, which will then pull and index content from these repositories.

You are solely responsible for: a) The content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to, or otherwise make available via the Service, regardless of the form of that Content. b) All content within your Tracked Repositories, including but not limited to code, documentation, and any other files or data that the Service pulls and indexes from the repositories you’ve imported. This responsibility extends to any updates, modifications, or additions made to the Tracked Repositories for as long as they remain configured for tracking by our Service.

We are not responsible for any public display or misuse of your User-Generated Content or the content from your Tracked Repositories. By importing a repository, you grant us permission to access, pull, and index the content of that Tracked Repository for use within our Service, subject to the terms of your chosen license for that repository.

You must ensure that you have the necessary rights and permissions to make the Tracked Repository content available through our Service, and that doing so does not violate any third-party rights or applicable laws. This obligation is ongoing and applies to all current and future content in your Tracked Repositories while they remain imported in our Service.

2. Territory.dev May Remove Content

We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or our Terms of Service.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content, including any content in your Tracked Repositories. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content and Tracked Repositories, we need you to grant us — and other Territory.dev Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content and Tracked Repositories. If you upload Content that already comes with a license granting Territory.dev the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content and the content of your Tracked Repositories, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Territory.dev the right to sell Your Content. It also does not grant Territory.dev the right to otherwise distribute or use Your Content outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly may be viewed by others. By setting your repositories and maps to be viewed publicly, you agree to allow others to view and copy your repositories and maps.

If you set your pages, repositories, and Tracked Repositories to be viewed publicly, you grant each User of Territory.dev a nonexclusive, worldwide license to use, display, and perform Your Content through the Territory.dev Service and to reproduce Your Content solely on Territory.dev as permitted through Territory.dev’s functionality (for example, through copying maps). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Territory.dev Users.

6. Contributions Under Repository License

Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. This also applies to Content in Tracked Repositories that you’ve imported to Territory.dev. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.

Isn’t this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it’s commonly referred to by the shorthand “inbound=outbound”. We’re just making it explicit.

7. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Territory.dev the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Private Repositories

Short version: We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.

1. Control of Private Repositories

Some Accounts may have private repositories, which allow the User to control access to Content.

2. Confidentiality of Private Repositories

Territory.dev considers the contents of private repositories to be confidential to you. Territory.dev will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

F. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Territory.dev’s Rights to Content

Territory.dev and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Territory.dev, Sp. z o. o. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Territory.dev.

2. License to Territory.dev Policies

This Agreement is licensed under this Creative Commons Zero license. It has been adapted from GitHub’s Terms of Service document.

G. Build System and Repository Tracking

Short version: Our build system is for repository indexing only. You may not abuse it for other purposes.

Our Service includes a build system designed specifically for preparing repositories for indexing as part of our repository tracking mechanism. This build system is an integral part of our Service and is provided solely for the purpose of facilitating the indexing and tracking of your repositories. Any use of this build system for purposes other than those explicitly intended is strictly prohibited. This includes, but is not limited to, using the build system for general-purpose computation, cryptocurrency mining, distributed denial-of-service attacks, or any other activities unrelated to repository preparation and indexing. Abuse or misuse of our build system may result in immediate termination of your account, restriction of your access to the Service, and potential legal action. We reserve the right to monitor usage of the build system to ensure compliance with these terms.

H. Cancellation and Termination

Short version: You may close your Account at any time. If you do, we’ll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your Account with Territory.dev. You can do so by emailing us at support@territory.dev from the email address you used for creating your account.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in backups). This information cannot be recovered once your Account is canceled.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. Territory.dev May Terminate

Territory.dev has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Territory.dev reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

I. Communications with Territory.dev

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. No Phone Support

Territory.dev only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

J. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Territory.dev provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Territory.dev does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

K. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

L. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Territory.dev from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Territory.dev (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Territory.dev of all liability); and (3) provides to you all reasonable assistance, at your expense.

M. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the email address specified in your Territory.dev account. Customer’s continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

N. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Territory.dev and any access to or use of the Website or the Service are governed by the laws of the Republic of Poland, without regard to conflict of law provisions. You and Territory.dev agree to submit to the exclusive jurisdiction and venue of the courts located in Warsaw, Poland.

For users within the European Union, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have your habitual residence.

2. Non-Assignability

Territory.dev may assign or delegate these Terms of Service and/or the Territory.dev Data Policy, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Territory.dev to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Territory.dev, or by the posting by Territory.dev of a revised version in accordance with Section M. Changes to These Terms. These Terms of Service, together with the Territory.dev Data Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Territory.dev relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.