Terms of Service
The following terms and conditions govern all use of the PullReview Services provided by >8th Color SPRL (“8th Color”) and are effective from the date of its publication on https://www.pullreview.com/site/tos .
1. General provisions
- Through the PullReview Services, 8th Color provides you with an access to a variety of resources, including the PullReview web application and any other software or services offered by 8th Color in connection to these.
- In order to use the PullReview Services, you must first agree to the Terms. By creating an account and by using the PullReview Services, you confirm that you have read, understand and accepted completely and without reservations these Terms.
2. The conclusion of the Agreement
- Access to the Services (by conducting an Agreement between you and 8th Color) requires previous creation of an account. The registration is made through the web application accessible at https://www.pullreview.com/.
- While registration you will use an existing GitHub account. You are entirely responsible for maintaining the security and confidentiality of your GitHub account and for any and all activities that occur under your PullReview account. You must contact 8th Color immediately in case of theft, loss, or inappropriate use of your GitHub account or of your PullReview account or in case of any other breach of security. See also Section 6 relating to your responsibility.
- You affirm that you have the right and authority to conclude the Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
3. Your obligations
- You are obliged to provide during the registration real, accurate, current and complete registration information. In case of amendments you are obliged to notify 8th Color within 7 days from the date of their occurrence.
You represent and warrant to 8th Color that the information you have
provided for the purpose of establishing an account is complete and
accurate and that you have the requisite power and authority to enter into
this Agreement and to perform all of its obligations hereunder. You
undertake not to engage in, solicit or promote any activity that is
illegal, violates the rights of others or could subject 8th Color to
liability towards third parties, including in particular:
- unauthorized access, monitoring, interference with or use of PullReview or third party accounts, data, computers, systems or networks, including the introduction of viruses or similar harmful code via the Application or Services;
- use any false, misleading or deceptive packet header information.
8th Color reserves the right and you grant 8th Color permission to:
- partial or total exclusion of the Services in the case of the planned, ongoing support and maintenance of the server and the software site;
- transfer all or part of any of its rights and obligations associated with the PullReview Services;
- interference in the technical structure of your account in order to diagnose irregularities in the functioning of the Services and to make amendments and any other impact on your account in order to modify or restore the proper operation of the account or Services. In the framework of these activities, 8th Color will not be involved in the content and information contained on the account;
- do daily back up of the databases for the last 30 days, git repositories with uploaded code and uploaded files;
- review the content you submitted via the PullReview Services and remove any materials that break the provision of applicable law;
- make recommendations for products or services 8th Color thinks may be of interest to you based on your application(s), content, and/or use of the PullReview Services;
- close your Account and terminate the Services in response to a violation or suspected violation of these Terms;
- install cookie files on your computer.
4. Payments. Trial 14 days
- In case of your first created account, 8th Color provides you with Services without charge up to the limit of 14 days. Beyond the limit of this Trial offer, the Services will be charged on the credit card number you provided to 8th Color. The pricing for using the Services can be found at https://www.pullreview.com/site/plans.
- A single user can take advantage of the Trial offer, one time only. You are not intended to register a few times (creating a few accounts) so as to use Services several times within the granted limit. Otherwise, you will be required to pay for the use of the Services according to the stipulated rates and additionally pay the contractual penalty of 1000$.
- At the beginning of each month you will receive an invoice for the previous month. Late payments will bear interest at the rate of 2% per month. We will charge your credit card before the 5th of the current month for the previous month.
- Prices don't include VAT. However, 8th Color can collect taxes in certain situations. On https://www.pullreview.com/site/plans you will find VAT rules that we apply.
- You acknowledge and agree that any credit card and related billing and payment information that you provide to 8th Color may be shared by 8th Color with companies who work on 8th Color's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to 8th Color and servicing your account. 8th Color may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders or to establish or exercise its legal rights or defend against legal claims. 8th Color shall not be liable for any use or disclosure of such information by such third parties.
- 8th Color may change its fees and payment policies for the PullReview Services. In the case of price reductions, the changes apply automatically. In the case of raising the prices, 8th Color shall notify you, according to the procedure described under Article 9.2, at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be also posted on the pricing page. Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
- To the fullest extent permitted by law, refunds (if any) are at the discretion of 8th Color and only in the form of credit for the Services. Nothing in these Terms obligates 8th Color to extend credit to any party.
- In case of a chargeback resolved in 8th Color's favor, 8th Color has the right to charge user's credit card with any processing fees imposed by payment processors.
5. The Responsibility of 8th Color. Limitation of Liability
8th Color and any of its affiliates, subsidiaries, or any of their
employees, officers, agents or suppliers, shall not be liable for any
direct, indirect, incidental, exemplary, punitive or consequential
damages, in particular resulted from:
- information and other content submitted by you to 8th Color, including the data inconsistent with the facts, incomplete or outdated, and the lack of updates of these data;
- unauthorized use by third parties of the data contained in your account;
- operation of systems when making payment for the Services;
- inability to access the Services due to the reasons mentioned in Section 3, Article 4.1;
- technical problems or technical limitations in hardware, which you use and which prevent you from using the Services;
- any other damage caused by the non-observance of the provisions of these Terms;
- use of an API (Application Program Interface) or use of any third-party products or services;
- data loss or theft;
- failing or delaying performance of its obligations resulting from any condition beyond its reasonable control (force majeure), including but not limited to: governmental action, acts of terrorism, earthquake, fire, labor conditions, power failures, Internet disturbances, etc.
8th Color, and any of its affiliates, subsidiaries, or any of their
employees, officers, agents or suppliers make no express warranties and
disclaim all implied warranties regarding the PullReview Services. 8th
Color, and any of its affiliates, subsidiaries, or any of their
employees, officers, agents or suppliers do not represent or warrant to
- your use of the PullReview Services will meet your requirements;
- your use of the PullReview Services will be uninterrupted, timely, secure or free from error;
- usage data provided through the PullReview Services will be accurate.
- The above shall not exclude or limit 8th Color's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
- Notwithstanding anything else in these Terms to the contrary, the maximum aggregate liability of 8th Color or any of its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers under any theory of law (including breach of contract, tort, strict liability, and infringement), shall not exceed the fees received by 8th Color in the three (3) months preceding the first occurrence of an event giving rise to a claim. This is an aggregate limit. The existence of more than one claim shall not enlarge this limit. You acknowledge that the foregoing limitations of liability are an essential part of the Agreement.
- 8th Color and any of its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers, shall not be liable for any activities mentioned under Article 3.3 of this Agreement. Any victim of those activities allegedly performed by the user of PullReview Services has to notify authorities of their country of residence.
6. Your Responsibility
- You are solely responsible for the information or content you submitted through the PullReview Services and for the security and confidentiality of your data.
- 8th Color will not be liable for any loss that you may incur as a result of someone else using your GitHub account or PullReview account, either with or without your knowledge. However, you would be liable for losses incurred by 8th Color or another party due to someone else using your account or password.
You agree to hold harmless and indemnify 8th Color and its affiliates,
subsidiaries, or any of their employees, officers, agents or suppliers
from and against any third party claim arising from or in any way related
- your breach of the Terms;
- your use of the PullReview Services;
- your violation of applicable laws, rules or regulations in connection with the PullReview Services, or
- your content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
- In such a case, 8th Color will provide you with written notice of such claim, suit or action.
7. Copyright and License
- 8th Color is eligible for all Intellectual Property Rights related to the PullReview Services (as owner, joint owner or licensee).
- You shall not provide any Content that: (a) infringes the Intellectual Property Rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) is defamatory, unlawfully threatening or unlawfully harassing; (d) is obscene, (child) pornographic or indecent; or (e) contains any viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept or expropriate any system, data or personal information.
- By submitting, posting or displaying the content you submitted to 8th Color, you give 8th Color a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, and distribute such content for the sole purpose of enabling 8th Color to provide you with the PullReview Services and for the period of validity of the Agreement.
- You agree that 8th Color, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive signs in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the PullReview Services.
- 8th Color gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by 8th Color. This license is for the sole purpose of enabling you to use and enjoy the benefit of the PullReview Services as provided by 8th Color, in the manner permitted by the Terms.
You may not:
- copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the PullReview Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by 8th Color, in writing (e.g., through an open source software license);
- attempt to disable or circumvent any security mechanisms used by the PullReview Services or any applications running on the PullReview Services.
- Open source software licenses for components of the PullReview Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your Agreement with 8th Color for the use of the components of the Services released under an open source license.
- 8th Color hereby grants you a limited, non-exclusive, royalty-free, non- transferable license, with no right to sub-license, to display the PullReview trademarks and/or logos for the sole purpose of promoting or advertising that you use the PullReview Services. You agree that all goodwill generated through your use of the PullReview's Marks shall inure to the benefit of 8th Color.
8. Suspension and Termination of the Agreement
8th Color has the right to immediately terminate the Agreement, without
prior notice, in case of:
- violations of the Terms or laws,
- sharing your GitHub account or PullReview account for access to third parties,
- lack of timely payment for at least one period;
- no longer providing the Services to users in the country in which you are resident or from which you use the service because of legal requirements.
- You as well as 8th Color shall have the right to terminate the Agreement subject to a monthly notice to expire at the end of a calendar month.
- 8th Color may suspend the Services if you violate these Terms.
- You agree to be fully responsible for exporting the content you submitted to PullReview in case of your account being closed for any reason. Upon account closure, 8th Color shall delete all content you submitted through the PullReview Services.
- 8th Color may suspend or terminate the Services if you fail to respond within 48 hours to 8th Color's inquiries about activities on your account.
9. Applicability of the Terms
- The Terms constitute the whole legal Agreement between you and 8th Color. The Terms govern your use of the PullReview Services (but excluding any services which 8th Color may provide to you under a separate written agreement), and replace any other agreement, understanding or communication, written or oral regarding such subject matter.
- The Terms may be amended. About the content of the amendments you will be notified in electronic form. If, within a week of the date of notification of the amendment of the Terms, you do not make statements of denunciation of the agreement, it is considered that the amendments have been adopted by you. Termination of the contract shall be notified to 8th Color by registered mail.
- If any provision of the Terms is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of these Terms. Any provisions of these Terms which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of these Terms, it being the intent and purpose that these Terms should survive and be valid to the maximum extent permitted by applicable law.
10. Confidential Information
- You and 8th Color shall protect each other’s Confidential Information with the same standard of care which is used to protect own Confidential Information. You and 8th Color shall not disclose the Confidential Information, except to affiliates, subsidiaries or any of employees, officers, agents or suppliers, who need this Information and who have agreed in writing to keep it confidential.
- You and 8th Color (its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill obligations under the Agreement, while using reasonable care to protect it.
11. Hardware requirements
- During the registration and use of the Services it is required to have browser which accepts cookie files. Cookie files is information stored by PullReview server on your computer.
To use Services provided by PullReview you have to meet the following
- A modern web browser, such as Google Chrome, Mozilla Firefox or similar
- GitHub account, and the necessary rights on Content you want to submit to PullReview
- An e-mail address
- Internet access
- For problems resulting from not complying with these requirements, 8th Color shall not be held liable.
- Any complaints concerning the use of the PullReview Services shall be notified by e-mail to the address firstname.lastname@example.org.
- Complaints are considered within 7 working days.
- The reply to the complaint is sent to the e-mail address of the user.
- In order to be considered, all complaints must be reported within 7 days of initial detection of the flaw or any other problem with the PullReview system.
13. Final Provisions
- Unless 8th Color has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the PullReview Software, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software.
- The Terms and your Agreement with 8th Color under the Terms, shall be governed by the laws of Belgium without regard to its conflict of laws provisions.
- Any disputes arising out of the Agreement shall be settled by the court of Brussels.
- 8th Color will communicate with you via e-mail and using the one you've specified as primary email in your GitHub account.
- In order to avoid doubts you and 8th Color state that the Agreement does not restrict 8th Color in the provision of Services to other entities who are your competitors.
- The Sections 5, 6, 7 and 10 will survive expiration or termination of the Agreement.
- 2013-10-03: first version.