Platform

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.

Your Account

Use of the Service

Fees for Use of the Service

Cancellation and 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.

External Resources

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

"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.

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.

Indemnification

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.