Terms of Service

1.1 These Terms of Service ("Terms") govern your access to and use of the DAGnamic platform and services (collectively, the "Service") provided by DAGnamic ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1.2 By accepting these Terms, you represent and warrant that: (a) you have the legal capacity and authority to enter into a binding contract with the Company; (b) you are at least eighteen (18) years of age; and (c) your use of the Service does not violate any applicable law or regulation.

2.1 "Content" means any information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials.

2.2 "DAGnamic Unit" or "DU" means the composite usage metric used for billing purposes, as defined in the Company's current pricing documentation.

2.3 "User" means an individual who is authorized by you to use the Service, for whom you have purchased a subscription, and to whom you (or the Company at your request) have supplied a user identification and password.

3.1 The Service is a managed Platform as a Service (PaaS) for Apache Airflow®, providing cloud-native workflow orchestration solutions. The specific features and functionality of the Service are as described on the Company's website and documentation, which may be updated from time to time at the Company's sole discretion.

3.2 The Company reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. The Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

4.1 To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You accept responsibility for all activities that occur under your account or password. You must immediately notify the Company of any unauthorized use of your account or any other breach of security.

4.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

5.1 You agree to pay all fees associated with your use of the Service. Fees are based on our current pricing model, which includes base fees and usage-based charges calculated in DAGnamic Units (DUs). The Company reserves the right to change its fees and payment terms at its discretion, provided that such changes will not take effect until the next billing cycle.

5.2 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

5.3 You agree to provide the Company with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it.

5.4 If the contact information you have provided is false or fraudulent, the Company reserves the right to terminate your access to the Service in addition to any other legal remedies.

5.5 If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

5.6 The Company reserves the right to suspend or terminate your access to the Service for non-payment of fees.

6.1 The Company will use commercially reasonable efforts to make the Service available in accordance with the Service Level Agreement ("SLA") published on the Company's website. The SLA is incorporated into these Terms by reference.

6.2 Technical support for the Service is provided as per your chosen plan (Developer, Business, or Enterprise). The scope and nature of support provided is as described in the Company's support documentation.

6.3 The Company reserves the right to modify the SLA and support terms from time to time, provided that such modifications will not materially decrease the overall level of service during any paid subscription term.

7.1 The Company's collection and use of personal information in connection with your access to and use of the Service is described in the Company's Privacy Policy, which is incorporated into these Terms by reference.

7.2 You acknowledge that the Company may need to process personal data on your behalf in order to provide the Service. The Company agrees to process such personal data in accordance with applicable data protection laws and as specified in our Data Processing Agreement, which is incorporated into these Terms by reference.

7.3 You agree to comply with all applicable privacy and data protection regulations with respect to any data you upload to or process using the Service.

8.1 The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 These Terms permit you to use the Service for your internal business purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• (a) Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• (b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
• (c) You may print or download one copy of a reasonable number of pages of the Service for your own internal business use and not for further reproduction, publication, or distribution.
• (d) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own internal business use, provided you agree to be bound by our end user license agreement for such applications.

8.3 You must not:

• (a) Modify copies of any materials from the Service.
• (b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• (c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
• (d) Access or use for any commercial purposes any part of the Service or any services or materials available through the Service.

8.4 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company.

9.1 The Service may allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

9.2 When you upload, submit, store, send or receive content to or through our Service, you give the Company (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Service, and to develop new ones. This license continues even if you stop using our Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Service.

9.3 You are solely responsible for your conduct and any content that you submit, upload, post, or display on or via the Service. You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Service.

9.4 You agree not to use the Service:

• (a) In any way that violates any applicable federal, state, local, or international law or regulation.
• (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• (c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• (d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• (e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

9.5 The Company reserves the right, but is not obligated, to monitor, edit, or remove any User Content that the Company determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms.

10.1 The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10.2 You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

11.1 We may terminate or suspend your account and bar access to 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 the Terms.

11.2 If you wish to terminate your account, you may simply discontinue using the Service. You are responsible for paying all fees owed up to the date of termination.

11.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.1 You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

13.1 Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

13.2 The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

14.1 In no event shall the Company, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, 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.

14.2 Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Service during the period of 12 months prior to any cause of action arising.

15.1 These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

15.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

16.2 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

17.1 These Terms, together with the Privacy Policy, SLA, and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service.

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