Terms of Service
Last updated: Wed May 10 2023.
"DWH", "DWH.dev", "Dwh Dev, Inc.", "We", and "Us" refer to Dwh Dev, Inc., including all its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
The "Service" refers to the applications, software, products, and services that are provided by Dwh Dev, Inc.
An "Account" represents the legal relationship between you and us. A "User Account" represents your authorization to log in to and use the Service, and serves as your identity on DWH. "Groups" represent teams of users, and a User Account can be a member of any number of Groups.
"Content" refers to any materials, software, code, text, data, articles, images, photographs, graphics, applications, packages, designs, features, and other information 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. "Your Content" is Content that you create or own.
"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. To use the Service, you must be at least 13 years old. Special terms may apply to other Accounts, which will be provided in the next version of the software.
The "Website" refers to DWH’s website located at dwh.dev, including all its content, services, and products. It also refers to sub-domains of DWH.dev, such as app.dwh.dev, and any other websites owned by DWH. Occasionally, these websites may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
If you are using DWH products or services as a business that has a separate written agreement with Dwh Dev, Inc., that agreement will govern your use of the products or services, and these terms and conditions as written below will not apply to you.
You have complete control over your User Account and the Content that you store within it, as long as you abide by these Terms.
If you create an Organization under these Terms, you are the owner and have full control over it, as well as the Content stored within it. As the owner, you can manage User access to the Organization's data and projects. An Organization may have multiple owners, but at least one User Account must be designated as an owner. As the owner of an Organization, you are responsible for any actions taken on or through that Organization.
To complete the signup process, you must provide a valid email address. You can choose to provide additional information, such as your real name and organization, but this is optional, unless you are accepting these terms on behalf of a legal entity. If you opt for a paid Account, additional information may be necessary for billing purposes. More information may be required for the upcoming version of the Website.
To use the DWH service, there are some requirements that must be met:
Accounts must be created by humans and cannot be created by bots or other automated methods. Machine accounts are allowed, but only if they are created and managed by a person who accepts the Terms of Service and is responsible for the actions of the account. Machine accounts are only used for automated tasks and must not be used for other purposes.
Only one free Account may be maintained by an individual or legal entity.
Users must be at least 13 years old. If a User is found to be under the age of 13, their Account will be immediately terminated. Users outside the United States must comply with their own country's laws regarding minimum age.
Each login may only be used by one person, unless the users are part of a single Organization and are using the service as such. DWH reserves the right to limit the number of accounts that can be created.
Users must not use DWH in violation of export control or sanctions laws of any applicable jurisdiction.
User Account Security
It is the User's responsibility to keep their Account secure while using the DWH service.
Users are responsible for all content posted and activity that occurs under their Account, even if it is posted by others who have access to the Account.
Users are responsible for maintaining the security of their Account and password. DWH is not liable for any loss or damage resulting from the User's failure to comply with this security obligation.
If a User becomes aware of any unauthorized use of their Account or access to the service, they must promptly notify DWH, including any unauthorized use of their password or Account.
Under certain circumstances, the use of DWH Service may be subject to third-party terms. For instance, if you are a member of an organization with its own terms or license agreements, or if you use an application that integrates with DWH. It is important to note that while these Terms represent our entire agreement with you, other parties' terms may govern their relationships with you.
Compliance with Laws and Regulations
You must comply with all relevant laws and regulations, including copyright or trademark laws, export control or sanctions laws, and any other laws applicable in your jurisdiction, when using the Website and Service. You are responsible for ensuring that your use of the Service is lawful and compliant with any regulations.
You agree not to upload, post, host, or transmit any content that:
- is unlawful or promotes illegal activities;
- is sexually explicit or obscene;
- is defamatory, libelous, or fraudulent;
- discriminates or shows abuse towards any person or group;
- depicts or glorifies violence, including violent imagery, without good reason;
- installs any active malware or exploits, or uses our platform to deliver exploits (such as in a command and control system); or
- infringes on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or any other rights.
Service Usage Limits
You may not reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, including access to the Service, without DWH's express written permission.
Scraping involves extracting data from our Website using automated tools like web crawlers or bots. However, this does not apply to the collection of information through DWH's API. You can scrape our website under the following conditions:
- Researchers can only scrape public, non-personal information from DWH for research purposes, provided that any publications resulting from the research are open access.
- Archivists can scrape DWH for public data for archival purposes.
Misusing DWH Users' Personal Information is strictly prohibited.
License Grant to Us
Please note that this license does not allow DWH to sell Your Content or use it for purposes outside of our provision of the Service unless it is part of archiving Your Content.
Management of Private Content
Certain Accounts may contain private content, which allows the User to manage access to their content.
Confidentiality of Private Content
DWH acknowledges that private content is confidential to the User. We will safeguard the contents of private repositories from unauthorized usage, access, or disclosure using the same level of care as we would for our own confidential information of a similar nature.
If we suspect that the contents of a private repository infringe upon the law or our Terms, we have the right to access, investigate, and delete the content. Additionally, we may be required by law to disclose your private content.
If you suspect that content on our website infringes on your copyright, please contact us at [email protected]. There may be legal consequences for submitting a false or frivolous takedown notice. Before submitting a takedown request, you should consider legal uses such as fair use and licensed uses. We will terminate the accounts of repeat infringers of this policy.
Notice of Intellectual Property
DWH, along with our licensors, vendors, agents, and content providers, own all intellectual property rights related to the Website and Service. We reserve all rights that are not explicitly granted to you under this Agreement or by law.
Use of DWH Logos
If you wish to use any DWH logos, you must obtain written permission from us first.
To maintain fair use of the API, you may not abuse or excessively send requests to DWH or our team via the API or email. DWH will determine abuse or excessive usage of the API and may temporarily or permanently suspend your Account's access to the API. We will make an effort to notify you via email prior to suspension.
You are prohibited from sharing API tokens to surpass DWH's rate limits, and from utilizing the API to spam or sell personal information of DWH users, such as to recruiters, job boards, and headhunters.
DWH may offer subscription-based access to our API for Users who require high-throughput access or access that may result in the resale of DWH's Service.
The pricing and payment terms for the DWH Service will be determined in the upcoming version. Currently, you can use the DWH beta version free of charge subject to these terms. If you require more complex service offerings, you can contact us at [email protected] to discuss consulting services based on mutual interest and availability.
Cancellation and Termination
Canceling Your Account
It is your responsibility to cancel your Account with DWH properly. You can do so at any time by contacting us by email at [email protected].
What Happens Upon Cancellation
We will keep and use your information as required to comply with our legal obligations, resolve disputes, and enforce our agreements. However, except for legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (although some information may remain in encrypted backups). This information cannot be retrieved once your Account is canceled.
We will not delete the Content you have contributed to Organizations or that other Users have cloned.
DWH May Terminate
DWH reserves the right to suspend or terminate your access to all or part of the Website at any time, with or without cause, with or without notice, effective immediately. We reserve the right to deny service to anyone for any reason at any time.
All parts of this Agreement that should persist after termination will continue to be in effect, such as ownership rights, warranty disclaimers, indemnification, and liability limitations.
Communicating with DWH
Electronic Communication Required
For legal purposes, you (1) agree to receive electronic communications from us via the email address you provided or through the Service; and (2) acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that they would satisfy if in writing. This section does not affect your non-waivable rights.
Legal Notice to DWH Must Be in Writing
If a contract, law, or regulation requires legal notice to DWH, it must be in writing and sent to [email protected]. Communications through email or DWH Support's messaging system do not count as legal notice to DWH or its officers, employees, agents, or representatives.
No Phone Support
We provide support through email only and do not offer telephone support.
We offer the Website and Service on an "as is" and "as available" basis, and we do not provide any warranty of any kind. We specifically disclaim all warranties, whether express, implied, or statutory, relating to the Website and Service. This includes warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
We cannot guarantee that the Service will meet all your requirements or that it will be free from interruptions, delays, errors, or security breaches. We are not responsible for the accuracy, reliability, or correctness of any information provided through the Service. You assume all responsibility and risk of loss from using or downloading content or material from the Service.
Limitation of Liability
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 arising from:
- your use or inability to use the Service;
- modification, price change, suspension, or discontinuance of the Service;
- unauthorized access to or alteration 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, and we are not responsible for damages that result from matters beyond our control. Our liability is limited even if we have been informed of the possibility of such damages and even if a remedy set forth in this Agreement fails of its essential purpose.
Release and Indemnification
If you have a dispute with one or more users of our website, you agree to let DWH off the hook from any claims, demands, or damages, whether known or unknown, arising out of or in any way related to such disputes.
You agree to defend, indemnify and hold DWH harmless from any and all claims, liabilities, and expenses, including attorneys' fees, arising from your use of our website and services, as well as any violation of this agreement. In the event of any such claim, DWH will promptly notify you, provide you with sole control of the defense and settlement of the claim (provided you agree to release DWH of all liability), and provide you with all reasonable assistance, at your expense.
Changes to These Terms
We reserve the right to amend these Terms of Service at any time at our sole discretion. We will notify you of any material changes to this agreement, such as price increases, at least 30 days prior to the change taking effect. We will post a notice on our website or send an email to the primary email address specified in your DWH account. If you continue to use our services after those 30 days, you agree to the revised terms of this agreement. For any other modifications, your continued use of our website constitutes agreement to the revised Terms of Service.
We also reserve the right to modify or discontinue our website or any part of it, temporarily or permanently, with or without notice, at any time and for any reason.
This Agreement between you and DWH, and any use of the Website or the Service, are governed by the federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflict of law provisions, unless the applicable law provides otherwise.
Section Headings and Summaries
The titles and brief summaries of each section in this Agreement are for convenience only and are not legally binding.
Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, the remaining portions will still be in full force and effect. If DWH fails to enforce any provision of this Agreement, it does not waive our right to enforce such provision. Our rights under this Agreement will continue even after the termination of this Agreement.
Amendments; Complete Agreement
If you have any questions about the Terms of Service, please contact us at [email protected].