Terms of Service

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Summary

Section	What can you find there?
A. Definitions	Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
B. Account Terms	These are the basic requirements of having an account on Valyent.
C. Acceptable Use	These are the basic rules you must follow when using your Valyent account.
D. User-Generated Content	You own the content you post on Valyent. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.
E. Applications	This section talks about how Valyent will treat content you store for your applications.
F. Copyright & DMCA Policy	This section talks about how Valyent will respond if you believe someone is infringing your copyrights on Valyent.
G. Intellectual Property Notice	This describes Valyent’s rights in the website and service.
H. API Terms	These are the rules for using Valyent’s APIs, whether you are using the API for development or data collection.
I. Payment	You are responsible for payment. We are responsible for billing you accurately.
J. Cancellation and Termination	You may cancel this agreement and close your account at any time.
K. Communications with Valyent	We only use email and other electronic means to stay in touch with our users. We do not provide phone support.
L. Disclaimer of Warranties	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.
M. Limitation of Liability	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.
N. Release and Indemnification	You are fully responsible for your use of the service.
O. Changes to these Terms of Service	We may modify this agreement, but we will give you 30 days’ notice of changes that affect your rights.
P. Miscellaneous	Please see this section for legal details including our choice of law.

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The Valyent Terms of Service

Effective date: March 27, 2018

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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. 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 Valyent Privacy Statement, available at Valyent/docs/privacy/) and procedures that we may publish from time to time on the Website.
2. The “Service” refers to the applications, software, products, and services provided by Valyent.
3. The “Website” refers to fly.io’s website located at Valyent, and all content, services, and products provided by Valyent at or through the Website. It also refers to Valyent-owned subdomains of Valyent, such as play.Valyent. These Terms also govern fly.io’s product websites, such as onehostname.com. Occasionally, websites owned by Valyent 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.
4. “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.
5. “fly.io,” “We,” and “Us” refer to Valyent, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, 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.

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B. Account Terms

Short version: 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 trial 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.

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1. 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.

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2. Account Requirements

We have a few simple rules for accounts on Valyent’s Service.

• You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted. We do permit machine accounts:
• A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine’s actions. You may maintain no more than one free machine account in addition to your free personal account.
• 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).
• You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. Valyent does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
• Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
• Overall, the number of Users must not exceed the number of accounts you’ve ordered from us.

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3. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your account’s security, but the content of your account and its security are up to you.

• You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
• You are responsible for maintaining the security of your account and password. Valyent cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You will promptly notify Valyent 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.

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4. Additional Terms

In some situations, third parties’ terms may apply to your use of Valyent. For example, you may be a member of an organization on Valyent with its own terms or license agreements; you may download an application that integrates with Valyent; or you may use Valyent to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.

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C. Acceptable Use

Short version: fly.io 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 this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

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1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control 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.

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2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

• is unlawful or promotes unlawful activities;
• is or contains sexually obscene content;
• is libelous, defamatory, or fraudulent;
• is discriminatory or abusive toward any individual or group;
• contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

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3. Conduct Restrictions

While using Valyent, you agree that you will not under any circumstances:

• harass, abuse, threaten, or incite violence towards any individual or group, including Valyent employees, officers, and agents, or other Valyent Users;
• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
• attempt to disrupt or tamper with Valyent’s servers in ways that could harm our Website or Service, to place undue burden on Valyent’s servers through automated means, or to access Valyent’s Service in ways that exceed your authorization);
• impersonate any person or entity, including any of our employees or representatives, including through false association with Valyent, or by fraudulently misrepresenting your identity or site’s purpose; or
• violate the privacy of any third party, such as by posting another person’s personal information without consent.

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4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Valyent’s express written permission.

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5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Valyent’s API. Please see Section H for our API Terms. You may scrape the website for the following reasons:

• Researchers may scrape public, non-personal information from Valyent for research purposes, only if any publications resulting from that research are open access.
• Archivists may scrape Valyent for public data for archival purposes.

You may not scrape Valyent for spamming purposes, including for the purposes of selling Valyent users’ personal information, such as to recruiters, headhunters, and job boards.

All use of Valyent data gathered through scraping must comply with the Valyent Privacy Statement.

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6. Privacy

Misuse of Valyent Users’ Personal Information is prohibited.

Any person, entity, or service collecting data from Valyent must comply with the Valyent Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the Valyent Privacy Statement). If you collect any Valyent User’s Personal Information from Valyent, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Valyent, and you will respond promptly to complaints, removal requests, and “do not contact” requests from Valyent or Valyent Users.

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7. Excessive Bandwidth Use on Free Services

For free Valyent services: If we determine your bandwidth usage on to be significantly excessive in relation to other Valyent customers, we reserve the right to suspend your account or throttle your service until you can reduce your bandwidth consumption.

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8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

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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.

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1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for 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. We are not responsible for any public display or misuse of your User-Generated Content.

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2. Valyent May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Valyent terms or policies.

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

You retain ownership of and responsibility for Content you create or own (“Your Content”). 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, we need you to grant us — and other Valyent Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting Valyent 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.

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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, parse, and display Your Content, and make incidental copies as necessary to serve application requests and provide the Service. This 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 Valyent the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

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5. License Grant to Other Users

By adding a collaborator to your Application, or to an Organization, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Valyent Services functionality or features for the sole purpose of collaborating on development of the Application(s).

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6. 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 Valyent 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.

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E. Applications

Short version: You may have access to applications. We treat the content of applications as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

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1. Control of Applications

Accounts may have applications, which allow the User to control access to Content.

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2. Confidentiality of Applications.

Valyent considers the contents of private repositories to be confidential to you. Valyent 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.

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3. Access.

Valyent employees may only access the content of your private repositories in the following situations:

• With your consent and knowledge, for support reasons. If Valyent accesses an application for support reasons, we will only do so with the owner’s consent and knowledge.
• When access is required for security reasons.

You may choose to enable additional access to your applications. For example:

• You may enable various Valyent services or features that require additional rights to Your Content in applications. These rights may vary depending on the service or feature, but Valyent will continue to treat your private application Content as confidential. If those services or features require rights in addition to those we need to provide the Valyent Service, we will provide an explanation of those rights.
• You may also grant a third-party application authorization to use, access, and disclose the contents of your applications. Your use of third-party applications is at your sole risk; Valyent is not liable for disclosures to third parties that you authorize to access a private application.

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4. Exclusions.

If we have reason to believe the contents of an application are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your applications.

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F. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on Valyent violates your rights, please contact us by emailing support@valyent.cloud. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

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G. 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.

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1. Valyent’s Rights to Content

Valyent 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 © Valyent, Inc. 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 Valyent.

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2. Valyent Trademarks and Logos

If you’d like to use fly.io’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://www.valyent.cloud/logos.

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3. License to Valyent Policies

This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.

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H. API Terms

Short version: You agree to these Terms of Service, plus this Section H, when using any of Valyent’s APIs (Application Provider Interface), including use of the API through a third party product that accesses Valyent.

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No Abuse or Overuse of the API

Abuse or excessively frequent requests to Valyent via the API may result in the temporary or permanent suspension of your account’s access to the API. Valyent, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Valyent’s rate limitations.

All use of the Valyent API is subject to these Terms of Service and the Valyent Privacy Statement.

Valyent may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Valyent’s Service.

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I. Payment

Short version: You are responsible for any fees associated with your use of Valyent. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

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1. Pricing

Our pricing and payment terms are available at Valyent/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

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2. Upgrades, Downgrades, and Changes

• We will immediately bill you when you provision a paid service.
• If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.

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3. Billing Schedule; No Refunds

• For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
• In order to treat everyone equally, no exceptions will be made.

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4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, or other approved methods of payment for fees that you authorize for Valyent.

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5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Valyent any charge incurred in connection with your use of the Service. If you dispute the matter, contact Valyent Support. You are responsible for providing us with a valid means of payment for paid accounts.

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J. Cancellation and Termination

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

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1. Account Cancellation

It is your responsibility to properly cancel your account with Valyent. You can cancel your account at any time by emailing support@valyent.cloud.

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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 applications within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

We will not delete Content that you have contributed to other Users’ applications.

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.

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3. Valyent May Terminate

Valyent 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. Valyent reserves the right to refuse service to anyone for any reason at any time.

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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.

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K. Communications with Valyent

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

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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.

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2. Legal Notice to Valyent Must Be in Writing

Communications made through email or Valyent Support’s messaging system will not constitute legal notice to Valyent or any of its officers, employees, agents or representatives in any situation where notice to Valyent is required by contract or any law or regulation. Legal notice to Valyent must be in writing.

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3. No Phone Support

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

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L. 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.

Valyent 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.

Valyent 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.

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M. 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

• the use, disclosure, or display of your User-Generated Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.

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.

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N. 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 Valyent 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 Valyent (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 Valyent of all liability); and (3) provides to you all reasonable assistance, at your expense.

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O. 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 changes that affect your rights 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 changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material 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.

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P. Miscellaneous

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1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Valyent and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Valyent agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.

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2. Non-Assignability

Valyent may assign or delegate these Terms of Service and/or the Valyent Privacy Statement, 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.

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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.

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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 Valyent 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.

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5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Valyent, or by the posting by Valyent of a revised version in accordance with Section O. Changes to These Terms. These Terms of Service, together with the Valyent Privacy Statement, 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 Valyent relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

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6. Questions

Questions about the Terms of Service? Contact us.