Last revised on November 18th, 2023
James Hart operates the Eggwich service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account.
For paid accounts, you'll be charged on a monthly basis. You can cancel anytime, but there are no refunds.
You own the source code that you provide to Eggwich and you're responsible for keeping it safe.
The Terms of Service, Eggwich itself, and our prices can change at any time. We'll warn you 30 days in advance of any price changes. We'll try to warn you about major changes to the Terms of Service or Eggwich, but we make no guarantees.
That's the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).
This document is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither Heroku, Inc. nor Google, Inc. is not connected with and does not sponsor or endorse James Hart or its use of the work.
You're welcome to adapt and use this document for your own needs. If you make an improvement, we'd appreciate it if you would let us know so we can consider improving our own document.
Your use of the James Hart service is governed by this agreement (the "Terms"). "James Hart" means James Hart Inc. The "Service" means the services James Hart makes available include our web sites (eggwichapp.com), our blog, our API, and any other software, sites, and services offered by James Hart in connection to any of those. "Customer Source Code" means any source code you submit to James Hart for the purpose of using the Service. "Content" means all content generated by James Hart on your behalf (including metric data) and does not include Customer Source Code.
In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that James Hart will treat Your use of the Service as acceptance of the Terms from that point onwards.
James Hart may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, James Hart will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at [CONTACT EMAIL].
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place James Hart under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that James Hart is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
James Hart gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by James Hart as part of the Service as provided to You by James Hart. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by James Hart, in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by James Hart, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with James Hart for the use of the components of the Service released under an open source license.
You expressly understand and agree that James Hart, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not James Hart has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify James Hart, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "James Hart and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, James Hart will provide You with written notice of such claim, suit or action.
The Terms constitute the whole legal agreement between You and James Hart and govern Your use of the Service and completely replace any prior agreements between You and James Hart in relation to the Service.
You agree that if James Hart does not exercise or enforce any legal right or remedy which is contained in the Terms (or which James Hart has the benefit of under any applicable law), this will not be taken to be a formal waiver of James Hart's rights and that those rights or remedies will still be available to James Hart.
James Hart shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.