Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or an entity; "you," "your") and ConfigDate Labs, Inc. ("Company," "we," "us," "our"). By accessing, browsing, or using the ConfigDate platform, website, services, or applications (collectively, "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service. These Terms apply to all users, including but not limited to browsers, vendors, customers, merchants, and content contributors. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Description of Service

ConfigDate is a cloud-based feature flag and remote configuration delivery platform designed to enable engineering teams to control feature releases, run experiments, and manage configurations in real-time across their applications and infrastructure. The Service includes our web application dashboard, APIs, software development kits (SDKs) in various programming languages, webhooks, integrations with third-party services, analytics and reporting features, and customer support resources. We provide the Service on an "as-is" basis subject to these Terms. We reserve the right to modify, suspend, or discontinue the Service, or any portion thereof, at any time with or without notice. We will endeavor to provide advance notice of material changes.

Account Registration

To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to maintain and update this information. You are responsible for maintaining the confidentiality of your account credentials, including your password, API keys, and authentication tokens. You are solely responsible for all activity that occurs under your account. You must notify us immediately if you suspect unauthorized access or use of your account. You agree not to share your account credentials with others, rent or lease your account, or permit others to access your account without authorization. You may not create accounts for fraudulent purposes or in violation of these Terms. ConfigDate reserves the right to refuse service, close accounts, or remove or edit content at our sole discretion.

Acceptable Use

You agree to use the Service only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Service. Prohibited behaviors include the following:

  • Harassment, abuse, or discrimination of any kind
  • Deliberate disruption of the Service or infrastructure
  • Unauthorized access to or intrusion into our systems or networks
  • Scanning, probing, or testing the vulnerability of the Service
  • Transmission of viruses, malware, or other malicious code
  • Violation of applicable laws, regulations, or third-party rights
  • Attempting to gain unauthorized access to restricted areas or features
  • Reselling, redistributing, or commercial use of the Service without authorization
  • Reverse engineering, decompiling, or attempting to derive the source code of the Service
  • Using the Service to process or store illegal content or data obtained illegally
  • Using the Service for competitive analysis or building competing services
  • Excessive use that impacts the performance or availability of the Service for other users

We reserve the right to investigate any violation of these terms and take appropriate legal action, including but not limited to suspension or termination of your account and disclosure of information to law enforcement.

Subscription and Payment

Certain features of ConfigDate are available only through paid subscription plans. By selecting a subscription plan, you authorize us to charge the payment method on file on a recurring basis at the frequency and amount agreed upon. Pricing and billing terms are described on our Pricing page. Taxes, if applicable, are the responsibility of you and will be added to your invoice. We accept various payment methods and may update our accepted payment methods from time to time. You remain responsible for ensuring the payment method on file is valid and current. Failed payment attempts may result in suspension of your account. Subscription fees are non-refundable except as expressly stated in these Terms or as required by law. Any price changes will be communicated to you at least thirty (30) days in advance, and your continued use of the Service constitutes acceptance of the new pricing.

Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation becomes effective at the end of your current billing cycle. You will not receive a refund for the current billing period unless we determine that you are entitled to a refund under our standard refund policy. If you cancel within thirty (30) days of purchase and have not used the Service materially, we may, at our sole discretion, offer a refund. After the cancellation period expires, no refunds will be issued. Upon cancellation, your access to the Service will continue until the end of your current billing period, after which your account and data will be subject to our data retention policy.

Intellectual Property

ConfigDate and all content, features, and functionality of the Service, including but not limited to software, code, interfaces, design, text, graphics, logos, images, and materials ("Content") are owned by ConfigDate, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include the right to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service or Content. You may not copy, distribute, display, or transmit the Service or Content except as expressly authorized in these Terms. Your use of the Service does not transfer to you any ownership of intellectual property rights in the Service or Content.

User Content

The Service may allow you to upload, create, store, or transmit content, including configurations, feature flags, metadata, and other information ("User Content"). You retain all ownership rights to your User Content. By uploading or providing User Content, you grant ConfigDate a worldwide, non-exclusive, royalty-free, sublicensable right to use, copy, modify, and display your User Content solely to provide and improve the Service and as otherwise required to operate our business. You represent and warrant that you own or have the right to grant us these rights to your User Content and that your User Content does not violate any third-party rights or applicable laws. ConfigDate is not responsible for the content you provide and does not endorse, edit, or control User Content.

Confidentiality

During your use of the Service, we may have access to your User Content and other confidential business information ("Confidential Information"). ConfigDate agrees to maintain the confidentiality of your Confidential Information and to use it solely for the purposes of providing the Service. ConfigDate will not disclose your Confidential Information to third parties without your consent, except to our employees, contractors, and service providers who have a legitimate need to know and are bound by confidentiality obligations, or as required by law or legal process. You likewise agree not to disclose ConfigDate's Confidential Information, including our technology, algorithms, and business practices, except as necessary for your lawful use of the Service.

Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONFIGDATE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CONFIGDATE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CONFIGDATE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF CONFIGDATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CONFIGDATE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO CONFIGDATE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability, so the above limitations may not apply to you to the fullest extent. You expressly agree that your sole and exclusive remedy for any breach of these Terms or dissatisfaction with the Service is to terminate your account and cease using the Service.

Indemnification

You agree to indemnify, defend, and hold harmless ConfigDate Labs, Inc., its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Service; (ii) your violation of these Terms; (iii) your User Content; (iv) your infringement of any intellectual property rights of third parties; or (v) your violation of any applicable law or regulation. ConfigDate reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with ConfigDate in its defense of such claim.

Termination

ConfigDate may terminate your account and access to the Service immediately, without notice, in our sole discretion if: (i) you violate any material provision of these Terms; (ii) we determine that your use of the Service poses a security or operational risk; (iii) you engage in fraud, abuse, or harassment; (iv) you engage in illegal activity; or (v) for any other reason in our sole discretion. Upon termination, your right to use the Service will cease immediately. You remain liable for all charges incurred prior to termination. We may, in our sole discretion, retain your User Content in accordance with our data retention policy and applicable law. Sections that reasonably should survive termination, including but not limited to Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, and Indemnification, shall survive.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You and ConfigDate irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes arising out of or relating to these Terms or the Service. You waive any objections to venue in these courts. Some countries do not permit the selection of a foreign governing law, so this clause may not apply to you if you are located in such a jurisdiction.

Changes to Terms

ConfigDate reserves the right to modify these Terms at any time. Changes will be effective when we update the "Last updated" date. Material changes will be announced via email or a notice on the website at least thirty (30) days before taking effect. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.

Dispute Resolution

Before initiating any legal proceeding, you and ConfigDate agree to attempt to resolve disputes through informal negotiation. If negotiation does not resolve the dispute within sixty (60) days, either party may pursue formal legal remedies as permitted by law. Any legal action must be initiated within one (1) year of the claim arising, or it will be barred.

Severability

If any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

Entire Agreement

These Terms, together with our Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and ConfigDate regarding the Service and supersede all prior agreements, understandings, and negotiations, whether written or oral.

Contact Us

If you have questions about these Terms of Service or wish to report a violation, please contact us at:

ConfigDate Labs, Inc.
Legal Team
Email: legal@config.date