We — the people behind exana.io — run a platform called exana.io and would love for you to use it. exana.io consists of multiple services, of which some may be free, some may have paid upgrades, and some are fully paid. Pricing is based either on the features our services provide your, or your monthly usage of a service, or other limits specified clearly in the pricing table for each service. Our services are designed to provide you a clear way of boosting your team’s productivity.
These Terms of Service are heavily based on those of WordPress.com. They were nice enough to allow and encourage other projects to use their document as a starting point, and we’d like to say a huge “thank you” right here. You can also head over to our “Thank You” page for more information and generally honestly warm credit-giving.
The following terms and conditions govern all use of the exana.io website and all content, services, and products available at or through the website, including, but not limited to, Uptime Monitoring (“Availability”), Status Pages, Phabricator Hosting, Logging Console (“Brilliance”) and Mail Hosting, (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, exana.io’s Privacy Policy) and procedures that may be published from time to time by exana.io (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. exana.io is a project developed and maintained by Jacek Szpot (ul. Księcia Witolda 80/10, 50-203 Wrocław, Poland) and Rafał Łazarski (Strońska 9a/6, 50-540 Wrocław, Poland).
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by exana.io, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires an exana.io account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. No additional software apart from a relatively modern browser is required to use our services.
Your exana.io Account. If you create an account and/or a project on exana.io, you are responsible for maintaining the security of your account and workspace, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify exana.io of any unauthorized uses of your project, your account, or any other breaches of security. exana.io will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Responsibility of Contributors. If you use a service, post material to any publicly visible components of your services (including, but not limited to, publicly open Phabricator instances, and Status Pages), post otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. By submitting Content to exana.io for inclusion on your website, you grant exana.io a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of maintaining and operating your services.
If you delete Content, exana.io will use reasonable efforts to remove it from exana.io, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, exana.io has the right (though not the obligation) to, in exana.io sole discretion, (i) refuse or remove any content that, in exana.io reasonable opinion, violates any exana.io policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of exana.io to any individual or entity for any reason. exana.io will have no obligation to provide a refund of any amounts previously paid.
Attribution. exana.io reserves the right to display attribution links such as ‘Powered by exana.io’, graphic author, and font attribution in your service footer or toolbar.
General Terms. Both free and paid service tiers (Paid Tier) are available. The availability may vary in time. By selecting a Paid Tier you agree to pay exana.io the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Tier and will cover the use of that service for a monthly or annual subscription period as indicated.
Payment Processing All payments are serviced by Braintree. Payments require a valid credit or debit card; further payments options may become available in the future.
Automatic Renewal. Unless you notify exana.io before the end of the applicable subscription period that you want to cancel an Paid Tier, your Paid Tier subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Tier (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Tiers can be canceled at any time in the Project Management section of your project’s dashboard.
Responsibility of Visitors. exana.io has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, exana.io does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. exana.io disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which exana.io links, and that link to exana.io. exana.io does not have any control over those non-exana.io websites, and is not responsible for their contents or their use. By linking to a non-exana.io website, exana.io does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. exana.io disclaims any responsibility for any harm resulting from your use of non-exana.io websites and webpages.
Intellectual Property. This Agreement does not transfer from exana.io to you any exana.io or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with exana.io. exana.io, the domain exana.io, the exana.io logo, and all other trademarks, service marks, graphics and logos used in connection with exana.io or our Services, are trademarks or registered trademarks of exana.io or exana.io’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties and will be properly credited. Your use of our Services grants you no right or license to reproduce or otherwise use any exana.io or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. exana.io may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your exana.io account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Our Services are provided “as is.” exana.io 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 exana.io nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability. In no event will exana.io, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to exana.io under this agreement during the twelve (12) month period prior to the cause of action. exana.io shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of our Services will be in strict accordance with the exana.io Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
US Economic Sanctions. You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and exana.io reserve the right to terminate accounts or access of those in the event of a breach of this condition.
Indemnification. You agree to indemnify and hold harmless exana.io, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
Complaints. Any complaints related to our services, payments or these terms should be sent to [email protected]. We reserve the right to take up to 14 working days to get back to you.
Translation. These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between exana.io and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of exana.io, or by the posting by exana.io of a revised version. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; exana.io may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.