Terms of Service
Your use of Metabahn's Pakyow Platform service is governed by this agreement (the "Terms"). "Metabahn" means Metabahn, LLC. The "Service" means any of the the services Metabahn provided by Metabahn through its websites, blog, API, and any other software, sites, and 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 contact support.
- 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 and/or credit agencies, solely for the purposes of checking credit, 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.
- You will not receive any refunds if you cancel your account.
- 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.
- All Content will, within a reasonable amount of time to be determined solely by Metabahn, be deleted from the service upon cancellation.
- 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.
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 functionality, 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.
License from Metabahn and Restrictions
Metabahn gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Metabahn as part of the service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the service, in the manner permitted by these terms. No other licenses, express or implied, are granted under these terms.
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any software provided in connection with the service or any part thereof, without express written permission from Metabahn; or (b) attempt to disable or circumvent any security mechanisms used by the service.
Some of the software components of the service may be open-source software and its use may be subject to an open source software license. To the extent any such open source software license may conflict with these terms, the open-source license, and not these terms shall govern use of such open-source software. These terms shall have full effect for all other uses and components.
"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. Confidential Information includes, but is not limited to, the following types of and other information of a similar nature: software (in various stages of development), designs, drawings, specifications, models, source code, object code, documentation, diagrams, flowcharts, marketing and development plans, financial information, and customer lists, etc., that is not: (1) part of the public domain; (2) developed by the receiving party independent of the information; (3) received from a third party under no confidentiality obligation to the Owner; or (4) required to be disclosed by law or regulation.
- All Confidential Information shall remain the property of the Owner
- Your Confidential Information may only be used by Metabahn in performance of the Service.
- The party receiving Confidential Information shall not disclose such information to any third party without prior written permission from the Owner.
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
YOU EXPRESSLY UNDERSTAND AND AGREE THAT METABAHN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED, 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, WHETHER OR NOT METABAHN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
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.
General Legal Terms
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 Alabama.
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.
Last revised on January 5th, 2017.