Teleconsole Terms of Service

Date: 01/26/2017

Introduction

Teleconsole is an implementation of Gravitational Teleport (http://gravitational.com/teleport/) developed by Gravitational, Inc. (“Gravitational”). The code for Teleconsole is available at https://github.com/gravitational/teleconsole and available under an Apache 2.0 License. Teleconsole is also hosted by Gravitational, Inc. and provided as a service to its users. That service along with this website are the “Services” for purposes of these Terms of Service (these “Terms” or “Terms of Service”). By using the Services, you agree to and accept these Terms. As such, Gravitational will treat your use of any part of the Services as acceptance of and agreement to these Terms. Gravitational may make changes to these Terms from time to time. Any change to these Terms will be posted here with the date of the change. Since we do not collect your contact information, you are responsible for periodically checking for changes to these Terms and complying accordingly.

Use of Services

You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.

Responsibility and Conduct

You are solely responsible for your actions and the actions of those with whom you share the Services when using the Services. You will not engage in any activity that interferes with or disrupts the Services. The Services are currently provided for free but Gravitational reserves the right to charge for them in the future. Gravitational also reserves the right to limit the usage of the Services or stop the Services without advance notice.

Acceptable Use

You agree that any of the below activities are considered prohibited usage and may result in Gravitational pursuing civil remedies without providing advance notice. The Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. The Services may not be used to facilitate infringement of these laws in any way.

Proprietary Rights

You acknowledge and agree that Gravitational (or Gravitational’s licensors) own all legal right, title and interest in and to the Service. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Services (collectively, the “Gravitational Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Gravitational Materials are the copyrighted property of Gravitational or its licensors. Furthermore, all trademarks, service marks, and trade names contained in the Gravitational Materials are proprietary to Gravitational or its licensors. Except as expressly set forth herein, your use of the Services does not grant to you ownership of or any other rights with respect to any content, code, data, user comments or other materials that you may access on or through the Services. Gravitational reserves all rights to the Gravitational Materials not expressly granted in these Terms. Notwithstanding the foregoing, Teleport is licensed pursuant to the terms of the Apache 2.0 license.

Feedback

You may choose to or Gravitational may invite you to submit comments, bug reports, ideas or other feedback about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that Gravitational is free to use such Feedback at its discretion and without any additional compensation to you, and/or to disclose such Feedback to third parties on a non-confidential basis or otherwise. You hereby grant Gravitational a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT BY USING THE SERVICES YOU ARE RUNNING AN SSH SERVER THAT IS ACCESSIBLE TO THE PUBLIC INTERNET WHICH ALLOWS THIRD PARTIES TO CONNECT TO YOUR COMPUTER. YOU UNDERSTAND THAT THIS MAY POSE A SECURITY RISK TO YOUR INFORMATION. NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT GRAVITATIONAL’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. GRAVITATIONAL MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GRAVITATIONAL DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GRAVITATIONAL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. YOU ACKNOWLEDGE THAT GRAVITATIONAL’S LIABILITY FOR ITS OWN NEGLIGENCE MAY NOT IN ANY EVENT EXCEED AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER FOR SERVICES DURING THE PERIOD DAMAGES OCCURRED. THE LIMITATIONS ON GRAVITATAIONAL’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT GRAVITATIONAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

INDEMNIFICATION

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY GRAVITATIONAL, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR BREACH OF THE TERMS, (B) YOUR USE OF THE SERVICES, © YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, OR (D) CONTENT MADE AVAILABLE THROUGH THE SERVICES, 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, GRAVITATIONAL WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

Notice

You agree that Gravitational may provide you with notices, including those regarding changes to the Terms of Service through the Teleconsole client software or by postings on the Teleconsole website.

Entire Agreement

These Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Gravitational and govern your use of the Services, superseding any prior agreements between you and Gravitational for the use of the Services.

Waiver and Severability of Terms

The failure of Gravitational to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you have any questions regarding the Services or these Terms, please email: [email protected]

© Gravitational, Inc. 2017