Samebug Terms of Service

Effective date: Dec 8, 2017

Thank you for using Samebug! Please read this Terms of Service agreement carefully before accessing or using Samebug. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

Summary

SectionWhat can you find there?
A. DefinitionsSome basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.
B. Account TermsThese are the basic requirements of having an account on Samebug.
C. Acceptable UseThese are the basic rules you must follow when using your Samebug account.
D. User-Generated ContentYou own the content you post on Samebug. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.
E. Intellectual Property NoticeThis describes Samebug's rights in the website and service.
F. API TermsThese are the rules for using Samebug's APIs, whether you are using the API for development or data collection.
G. Advertising on SamebugIf you want to promote your content on Samebug, this section lays out some rules you must follow.
I. Cancellation and TerminationYou may cancel this agreement and close your account at any time.
J. Communications with SamebugWe only use email and other electronic means to stay in touch with our users. We do not provide phone support.
K. Disclaimer of WarrantiesWe 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.
L. Limitation of LiabilityWe 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.
M. Release and IndemnificationYou are fully responsible for your use of the service.
N. Changes to these Terms of ServiceWe may modify this agreement, but we will give you 30 days' notice of changes that affect your rights.
O. MiscellaneousPlease see this section for legal details including our choice of law.


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 Samebug Privacy Policy, available at samebug.io/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 Samebug.
  3. The "Website" refers to Samebug's website located at samebug.io, and all content, services, and products provided by Samebug at or through the Website.
  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. "Samebug," "We," and "Us" refer to Samebug, 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.


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 free 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.

1. Required Information

Any information requested during the use of Service, such as your real name, email are optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity).

2. Account Requirements

We have a few simple rules for accounts on Samebug's Service.

  • You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.
  • One person or legal entity may maintain no more than one free account.
  • You must be age 13 or older. Samebug 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.
  • Overall, the number of Users must not exceed the number of accounts you've ordered from us.

3. User Account Security

You are responsible for keeping your account secure while you use our Service.

  • 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. Samebug cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify Samebug 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.


C. Acceptable Use

Short version: Samebug hosts stack traces, solutions for crashes and other collaborative content 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.

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.

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.

3. Conduct Restrictions

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

  • harass, abuse, threaten, or incite violence towards any individual or group
  • 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 Samebug's servers in ways that could harm our Website or Service, to place undue burden on Samebug's servers through automated means, or to access Samebug'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 Samebug, 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.

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 Samebug's express written permission.

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 Samebug's API. Please see Section F for our API Terms. You may scrape the website for the following reasons:

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

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

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

6. Privacy

Misuse of Samebug Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Samebug must comply with the Samebug Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Samebug Privacy Statement). If you collect any Samebug User's Personal Information from Samebug, 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 Samebug, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Samebug or Samebug Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Samebug customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

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.


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.

1. Responsibility for User-Generated Content

You may create User-Generated Content while using the Service. You are solely responsible for the content of, and 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.

2. Ownership of Content and Right to Post

You retain ownership of and responsibility for Content you create. If you're posting anything you did not create yourself, you agree that you will only submit Content that you have the right to post, and you will fully comply with any third party licenses relating to Content you post.

3. Samebug 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 Samebug terms or policies.

4. License Grant to Us

Your Content belongs to you, and you are responsible for Content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service.

That means you're giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).

This license does not grant Samebug the right to sell your Content or otherwise distribute it outside of our Service.

5. License Grant to Other Users

Any Content you post publicly, stack trace, Tips, articles, issues, comments, help request, may be viewed by others. By setting your account to be viewed publicly, you agree to allow others to view your Content.

6. Moral Rights

You retain all moral rights to Content 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. You understand that you will not receive any payment for any of the rights granted in this Section.

To the extent such an agreement is not enforceable by applicable law, you grant Samebug a nonexclusive, revocable, worldwide, royalty-free right to (1) use the Content without attribution strictly as necessary to render the Website and provide the Service; and (2) make reasonable adaptations of the Content as provided in this Section. We need these rights to allow basic functions like search to work.


E. 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.

1. Samebug's Rights to Content

Samebug 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 © Samebug, 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 Samebug.

2. Samebug Trademarks and Logos

If you'd like to use Samebug's trademarks, contact us at support@samebug.io.


F. API Terms

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

1. Limitation of Liability for API Use

You understand and agree that Samebug is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Samebug has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

2. No Abuse or Overuse of the API

Abuse or excessively frequent requests to Samebug via the API may result in the temporary or permanent suspension of your account's access to the API. Samebug, 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 Samebug's rate limitations.

You may not use the API to download data or Content from Samebug for spamming purposes, including for the purposes of selling Samebug users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Samebug API is subject to these Terms of Service and the Samebug Privacy Policy.

3. Samebug May Terminate Your Use of the API

We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API or any part of it with or without notice.


G. Advertising on Samebug

Short version: We do not generally prohibit use of Samebug for advertising. However, we expect our users to follow certain limitations, so Samebug does not become a spam haven. No one wants that.

Spamming and Inappropriate Use of Samebug

Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any Samebug terms or policies.


I. Cancellation and Termination

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

1. Account Cancellation

It is your responsibility to properly cancel your account with Samebug. You can cancel your account at any time by writing to us at support@samebug.io. We are not able to cancel accounts in response to a phone request.

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 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 the community.

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.

3. Samebug May Terminate

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

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.


J. Communications with Samebug

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

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.

2. Legal Notice to Samebug Must Be in Writing

Communications made through email will not constitute legal notice to Samebug or any of its officers, employees, agents or representatives in any situation where notice to Samebug is required by contract or any law or regulation. Legal notice to Samebug must be in writing and sent to our legal representative at the address of 55 Paulay Ede Street, Budapest 1061, Hungary.

3. No Phone Support

Samebug only offers support via email. We do not offer telephone support.


K. 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.

Samebug 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.

Samebug 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.


L. 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.


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


N. 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.


O. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Samebug 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 internal law of the State of Delaware, without regard to conflict of law provisions. You and Samebug agree to submit to the exclusive jurisdiction and venue of the courts located in the Delaware Court of Chancery.

2. Non-Assignability

Samebug may assign or delegate these Terms of Service and/or the Samebug Privacy Policy, 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.

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.

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 Samebug 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.

5. Complete Agreement

These Terms of Service, together with the Samebug 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 Samebug relating to the subject matter of these terms.

6. Questions

Questions about the Terms of Service? Contact us.