Terms of Service
Introduction
By using Blacksmith, a product offered by Blacksmith Software Inc, you are legally bound to the terms of this agreement.
Definitions
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 GitHub and GitHub Actions that are relayed to the Blacksmith Software Inc Service.
Service
The website provided at https://blacksmith.sh, its API or any associated subdomain. The software program provided at https://app.blacksmith.sh.
Agreement, Terms, Terms of Service
This document located at https://docs.blacksmith.sh/about/terms-of-service, titled “Terms of Service Agreement”.
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.
Website
The Blacksmith Software Inc website located at https://blacksmith.sh/ and any valid subdomains.
Privacy Policy
The privacy policy located at https://docs.blacksmith.sh/about/privacy-policy.
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.
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 United States of America, 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.
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 connect your GitHub account and install Blacksmith’s GitHub App in your org, and add 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.
Account and data Deletion
We use industry standard methods to delete all user content/data covered by the agreement when no longer needed to provide the Service to You, and after terminate of the agreement or upon request within 30 days (contact [email protected]), due to backup and security protocols.
Security
We commit to maintain administrative, physical, and technical safeguards for the security and integrity of the Services (the “Security Measures”) consistent with industry standard practices. Upon request to [email protected], we can provide You with a copy of a commensurate third-party audit report or certification, such as a SOC 2 Type II report, that describes the Security Measures in place along with a copy of our most recent penetration test report. We commit to notifying You of any unauthorized access to Your data or any unauthorized use of the Services that we become aware of, within 72 hours of becoming aware of such unauthorized access or use.
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. 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. Any meaningful changes to the Terms will be communicated to You via email.
Copyright
1. Ownership of Service and Intellectual Property
Blacksmith Software Inc. (“we”, “our”, “us”) retains all rights, titles, and interests in and to the Service, including all related intellectual property rights, such as copyrights, trademarks, trade secrets, and other proprietary rights. These rights are protected by applicable copyright laws and international copyright treaties, as well as other intellectual and proprietary laws and treaties.
2. Limited License to Use User Content
By integrating your GitHub account with our Service, you (“User”) grant us a non-exclusive, limited, revocable license solely for the purpose of providing and improving the Service. This license allows us to:
- Utilize Your Code for Specific Functionalities:
- Migration Wizard: Automatically create Pull Requests (PRs) with changes in runner tags.
- GitHub Actions Runners Execution: Execute GitHub binaries in our Virtual Machines (VMs), which involves pulling your code onto our VMs as part of the execution process.
Important: This license does not permit us to:
- Access, reproduce, modify, distribute, or create derivative works from your code outside the scope of the functionalities mentioned above.
- Use your code for any Machine Learning (ML) or Artificial Intelligence (AI) training purposes.
- Share your code with third parties, except as required to provide the Service (e.g., with cloud infrastructure providers under strict confidentiality agreements).
You retain full ownership of your code and User Content. This license will be revoked if you disconnect your GitHub account from our Service or terminate your use of the Service.
3. Use of User Code
- Migration Wizard: Our migration wizard uses your code solely to generate PRs with necessary changes to runner tags automatically. We do not inspect, modify, or store your code beyond what is required to create these PRs.
- GitHub Actions Runners: When executing GitHub Actions runners, the GitHub binary automatically pulls your code onto our VMs for the duration of the workflow execution. We do not invoke, access, or store your code beyond this execution process.
We do not use your code for any ML or AI training purposes.
4. Protection of User Code and Content
We implement industry-standard security measures to protect your code and User Content from unauthorized access, disclosure, alteration, or destruction. However, you acknowledge that no method of transmission over the internet or electronic storage is entirely secure, and we cannot guarantee absolute security.
5. Third-Party Trademarks
Other product and company names mentioned in the Service may be trademarks of their respective owners. Nothing in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed within the Service without the written permission of the respective trademark owner.
6. Limitation of Liability
In no event shall Blacksmith Software Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
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.
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.
Service Availability
Blacksmith Software Inc. employs industry-standard practices to maximize uptime and ensure the reliable operation of our Service. While we strive for uninterrupted access, occasional service disruptions may occur due to factors beyond our control. In the event of any downtime or outages, details will be promptly recorded and updated on our status page at status.blacksmith.sh.
Warranty Disclaimer
Blacksmith Software Inc. (“we,” “our,” “us”) provides the Service “as is” and “as available,” expressly disclaiming all warranties, whether express, implied, or statutory, including but not limited to merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. We do not guarantee that access to or operation of the Service will be uninterrupted or error-free. You assume full responsibility and risk of any loss or damage resulting from your use of the Service. Some jurisdictions do not permit these disclaimers, so they may not apply to you.
Limitation Of Liability
To the fullest extent permitted by law, Blacksmith Software Inc., including its affiliates, directors, employees, licensors, and partners, shall not be liable for any loss of profits, data, or use, nor for any incidental, indirect, special, consequential, or exemplary damages arising from (a) your use, disclosure, or display of user content; (b) your inability to use the Service; (c) the Service itself or its underlying software and systems; or (d) any interactions with other users or third parties, regardless of the legal theory, even if we have been advised of the possibility of such damages. (e) An outage or downtime of the Service caused due to an upstream outage from GitHub. Some jurisdictions may not allow these limitations, so they may not apply to you. Additionally, if you have a dispute with other users or merchants through the Service, you release Blacksmith Software Inc. and its officers, directors, agents, subsidiaries, joint ventures, and employees from all claims, demands, and damages, whether known or unknown, related to such disputes.
General Provisions
If any provision of this Terms of Use agreement is found to be invalid or unenforceable, it will be modified to comply with applicable law, and the remaining provisions will continue in full effect. Our failure to enforce any provision does not waive our right to enforce it in the future. Our rights under this agreement survive any transfer or termination. You agree to file any claims related to your relationship with Blacksmith Software Inc. within one year of the cause of action, or such claims are permanently barred. We may assign these Terms of Use and our Privacy Policy to any entity at any time without your consent, while you may not assign or delegate any rights or obligations under these terms without our prior written consent; any unauthorized assignment is void. This agreement and any disputes arising from it are governed by the laws of United States of America. You acknowledge that you have read, understand, and agree to be bound by these Terms of Use, which, along with our Privacy Policy, constitute the entire agreement between you and Blacksmith Software Inc., superseding all prior agreements or communications.
Contact Us
If you have any questions about these Terms of Service, please contact us at [email protected].
Blacksmith Software Inc. 95 Third Street, 2nd Floor, San Francisco CA, 94103, United States.