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Introduction

By using Blacksmith, a product offered by Blacksmith Software Inc, you are legally bound to the terms of this agreement.

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Definitions

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User Content

“User Content” refers to any data, information, files, code, configurations, documents, text, graphics, photos, software, or other materials that You upload, submit, transmit, store, or otherwise make available through the Blacksmith Software Inc Service. This includes content generated or processed by the Service on your behalf as part of your usage.

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Service

The website provided at https://blacksmith.sh, it’s API or any associated subdomain. The software program provided at https://blacksmith.sh

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Agreement, Terms, Terms of Service

This document located at https://blacksmith.sh/tos, titled “Terms of Service Agreement”

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You, User, Customer

Any individual, business or organization that has accepted these Terms by using or with intent to use the Blacksmith Software Inc Service

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Website

The Blacksmith Software Inc website located at https://blacksmith.sh/ and any valid subdomains

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Privacy Policy

The privacy policy located at https://docs.blacksmith.sh/privacy-policy

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Acceptance of Terms

By using the Blacksmith Software Inc Service in any form You submit to being bound by these Terms and any additional terms and conditions in any policies mentioned in or linked to in this Agreement. If You are acting on behalf of a company or other legal entity with authority, its affiliates and all users who access the Blacksmith Software Inc Service through Your account are bound to these Terms.

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Fair Usage & unauthorized Use Policy

Under usage of Blacksmith Software Inc, we reserve the right to withdraw, suspend or terminate the service or license from any account or end user. Reasons for termination, but not limited to are:

  • Fair Usage: Blacksmith Software Inc offers a variety of plans with different resource allocations. Fair usage refers to using the Service within the limits of your chosen plan. This includes CPU, memory, storage, and bandwidth usage. We reserve the right to take action, including service suspension or termination, for excessive resource usage that disrupts the service for other users.
  • Usage of Blacksmith Software Inc for mining of cryptocurrency & any other server intensive tasks that does not relate to the activity of continuous integration.
  • Usage of payment methods that have been flagged as suspicious by third parties.
  • Selling, reselling or splitting up Blacksmith Software Inc resources to 3rd parties outside the agreement between the end user and Blacksmith Software Inc.
  • Usage for illegal or fraudulent activity that breaks the laws set in your country of origin, the country of our server provisions or within the laws of Estonia, where Blacksmith Software Inc is based. We reserve the right to extend the breadth of the laws in which apply.
  • Usage of the service to initiate attacks such as denial of service attacks or other malicious activities that might result in damage, harm or adversely impacts the availability of Blacksmith Software Inc’s server fleet or other websites.
  • Usage for transmitting, displaying, receiving or deploying any malicious code onto external services without good intent.
  • Usage of the service to distribute content that is deemed to be hate speech or would discriminate against individuals on the basis of age, sex, gender, race, disability, geographical location or sexual orientation.
  • Usage to reverse engineer or gain access to source code that IP belongs to the company of Blacksmith Software Inc.
  • We reserve the right to terminate on the grounds above but we are not limited to those reasons. We will and can investigate any improper usage on our users while respecting the privacy policy agreement made between the end user & Blacksmith Software Inc. We reserve the right to update our terms of service & continuation of usage is defined as a continual agreement of those terms.

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Accounts

In order to use the Blacksmith Software Inc Service, You must set up an account. During the account setup process, You will be required to provide an email address, Your legal name or the name of Your business, and a valid payment method, such as a credit card, which will be processed through Stripe. Alternatively, for larger contracts, You may request to be billed via invoice. All payments are subject to Stripe’s terms and conditions, and Your contract with Stripe will continue independently of Your use of the Blacksmith Software Inc Service.

By providing payment information, You authorize us to charge Your credit card for usage fees or, in the case of invoice-based contracts, agree to make timely payments as specified in the invoicing terms.

We reserve the right to cancel or revoke Your Blacksmith Software Inc account without prior discussion if deemed necessary for reasons including but not limited to security concerns, fraud prevention, or abuse of the Service. This decision will not impact Your separate contractual relationship with Stripe.

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Account Deletion

You may also request deletion of your account and data by contacting us at [email protected]. Upon receiving your request, we will initiate account closure and data deletion procedures. Please note that data deletion may take up to 30 days to complete due to backup and security protocols.

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Security

We have a Security Policy and Privacy Policy detailing the measures we take to protect your data, however, we cannot guarantee that unauthorized parties will never be able to bypass those measures and gain unauthorized access to Your account or data. If you make use of the Service, You hereby consent to providing all such personal information regarding You or Your Payers at Your own risk. You are responsible for protecting your own Blacksmith and Stripe account email addresses, usernames and passwords. Blacksmith will not be held liable for any losses or damages arising from Your failure to maintain the security of such credentials.

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Updating Terms of Service

Blacksmith Software Inc reserves the right to update, modify or replace any of these Terms, suspend or discontinue the Service at any time by posting a notice on the homepage or informing You via Email. Blacksmith Software Inc may also impose a restriction on parts of the Website or features without notice or liability. Your continued use of the Service constitutes acceptance of any changes in Terms and you are responsible to check from time to time of change in this Agreement.

The Blacksmith Software Inc name, logos, domain names and other distinguished brand features are protected by Copyright laws. You may not copy or make use of any portion of the code (HTML, CSS or JavaScript) or visual elements. By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Blacksmith Software Inc a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

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Email may not be used to provide notice

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

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Third party services

You acknowledge that Blacksmith Software Inc uses third party services to provision the necessary servers and services required to run the Service and cannot be held responsible for any interruption to the Service as a result of these third party services.

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Usage

You expressly agree not to use the Service for any purpose that is prohibited by this Agreement. As an example, but not limited to, You agree not to take any action through the Service that:

  • Infringes any patent, trademark, copyright or trade secret.
  • You know is misleading or dishonest
  • Is illegal, abusive, harassing, deceptive, fraudulent, obscene, offensive, profane or invasive of another parties privacy.
  • Contains malicious software or viruses designed to cause harm, disruption or gain unauthorised access to any system, data, account of Blacksmith Software Inc, Stripe or any other platform.
  • Falsely represents You, or impersonates any other party.
  • Bypass any software, hardware or physical security measures Blacksmith Software Inc has put in place to restrict access to the System
  • Uses automated software to create accounts, crawl or harvest data from the Service
  • Places an unreasonable load (as determined by Blacksmith Software Inc) on Blacksmith Software Inc’s servers or network.

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No Guarantee

  • Blacksmith Software Inc does not guarantee uninterrupted access and operation of the Service. From time to time there may be service disruptions outside Blacksmith Software Inc control.

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Online content disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users. Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us [email protected].

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Warranty Disclaimer

The service is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. 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. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

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Limitation Of Damages

Release to the extent permitted by applicable law, in no event shall the site, the service, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with use or with any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you. If you have a dispute with one or more users, a merchant of a good, product or service that you pay using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.

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Modification Of Terms Of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavour to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

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General Terms

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part 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 survive any transfer or termination of this agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Germany. You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy at https://docs.blacksmith.sh/about/privacy-policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

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Contact Us

If you have any questions about these Terms of Service, please contact us at [email protected].

Blacksmith Software Inc.

1111B S Governors Ave ste 7829, Dover, DE 19904, USA

Dover, DE 19904

United States

Phone: (+1)6504398722

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