We appreciate that you use or consider using Atayoo. These Terms of Use constitute a legally binding agreement made between you and Atayoo ("We", "Us", or "Our"), concerning your access to and use of the Atayoo's website at atayoo.com (the "Website") and the Atayoo's browser extensions and servers (collectively refering to the "Service"). Please read this Terms of Use agreement carefully before accessing or using Atayoo. It takes about 20min to read these terms.
You agree that by accessing the Website or the Service, you have read, understood, and agree to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Atayoo requires you to have a GitHub account to be able to use the Service. If you don't have one, you need to create an account on GitHub first.
After creating your GitHub account, you can register with the Service by authorizing Us (via GitHub OAuth) to access some of your public information and your email address.
After creating an account on the Service, you will be ask to grant access to other information related to your GitHub organizations and repositories. This will enable Us to provide a GitHub access token used to search in your GitHub information.
Once you create an account on the Service, you are automatically subscribed to the free plan. You can update your subscription and subscribe to a paid plan to access extra features, or extend existing features. You will be billed in advance (at the beginning of each period) on a recurring and periodic basis ("Billing Cycle"), either monthly or annually.
At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions unless you update it or cancel it. You can update your subsrciption by logging in your account and updating your subscription under the "Billing" section.
A valid payment method, including a credit or debit card, is required to process the payment for your subcription in case this one is not free. You shall provide Us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Us to charge all subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, We will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If any fee is not paid in a timely manner, or We are unable to process your transaction using the payment information provided, We reserve the right to suspend your account until you paid the fee.
As a user of the Website or the Service, you agree not to:
Our Service allows you to post, link, store, share and otherwise make available certain information, source code, text, data, images, photographs, graphics, videos, software, applications, packages, designs, and other materials ("Content"). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
Atayoo's browser extensions (The "Extensions") are part of the Service and are only available for use in connection with Our services. We grant to you a non-exclusive, revocable, personal, and non-transferable license to use the Extensions solely in connection with the Service and in accordance with these Terms of Use. The Extensions are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of the Extensions. You agree to not modify, copy, adapt, sublicense, translate, sell, decipher, decompile, disassemble, or reverse engineer the Extensions.
By creating an account on the Service, you agree to receive emails regarding security, maintenance, support and billing matters related to the Service. These emails are mandatory, and you cannot opt-out. We do not send any newsletters, or marketing emails.
We may suspend or terminate your account and bar access to Our Website or the Service immediately, without prior notice or liability, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Term of Use.
If We terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to suspending or terminating your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website and the Service ("Submissions") provided by you to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Unless otherwise indicated, the Website and the Service is Our proprietary property and all source code, text, data, images, photographs, graphics, videos, software, applications, packages, designs, and other materials on the Website and the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not remove or alter any trademark, trade names, service mark, logo, legends, symbols, labels, product names, copyright or other proprietary notices featured on the Website and the Service.
We care about data privacy and security. Please review Our Privacy Policy: atayoo.com/privacy. By using the Website and the Service, you agree to be bound by Our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Website and the Service are hosted in the United States. If you access the Website or the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website or the Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
There may be information on the Website or the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website or the Service at any time, without prior notice.
We reserve the right to change, modify, or remove the Content of the Website at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Website. We also reserve the right to modify or discontinue all or part of the Website or the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or the Service. We cannot guarantee the Website or the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website or the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the Service at any time or for any reason without notice to you. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the Service during any downtime or discontinuance of the Website or the Service. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Website, the Service or to supply any corrections, updates, or releases in connection therewith.
We respect the intellectual property rights of others. If you believe that any material available on or through the Website or the Service infringes upon any copyright you own or control, please immediately notify Us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website or the Service infringes your copyright, you should consider first contacting an attorney.
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable law, the arbitration shall take place in San Francisco, California, United States of America.
In no event shall any dispute brought by either party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Content; (2) use of the Website or the Service; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Website or the Service with whom you connected via the Website or the Service. Notwithstanding the foregoing, We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate, at your expense, with Our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
The Website or the Service may contain (or you may be sent via the Website or the Service) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through the Website, the Service or any Third-Party Content posted on, available through, or installed from the Website or the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If you decide to leave the Website or the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website, or the Service or relating to any applications you use or install from the Website or the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and you shall hold Us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
THE WESITE AND THE SERVICE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR THE SERVICE, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right, in Our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last revised" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website or the Service after the date such revised Terms of Use are posted.
These Terms of Use and your use of the Website or the Service are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
These Terms of Use and any policies or operating rules posted by us on the Website or the Service, or in respect to the Website and the Service constitute the entire agreement and understanding between you and us.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use, use of the Website or the Service. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
If you have questions or comments about these terms, please contact us at:
Occupant
PO Box 426571
San Francisco, CA 94142
contact@atayoo.com