Terms of Service
Terms and conditions for using exe.dev
**Last Modified**: 2026-01-01
These Terms of Service (these “**Terms**”) describe the terms and
conditions by which you may access and/or use the website(s), including
https://exe.dev, and any and all related software, documentation, and
online, mobile-enabled, and/or digital services (collectively, the
“**Service**”) provided by Bold Software, Inc. (including its successors
and assigns, “**Company**,” “**we**,” “**our**,” or “**us**”). By
accessing and/or using the Service, you’re agreeing to these Terms and
acknowledging that you have read and understood our Privacy Notice. If
you don’t agree to these Terms, you may not use the Service. We reserve
the right to modify these Terms, as described below. These Terms apply
to all visitors and users of the Service, and to all others who access
the Service (collectively, “**Users**,” and, as applicable to you,
“**you**” or “**your**”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH
PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION
PROVISION IN SECTION 14.2 (THE "**ARBITRATION
AGREEMENT**") AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION
14.3 (THE "**CLASS ACTION/JURY TRIAL WAIVER**")
THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE
ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING
ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND
US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED
TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS
DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT
OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO
PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE,
PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
1. **How We Administer the Service**
1. **Eligibility.** This is a contract between you and Company. You
must read and agree to these Terms before using the Service. You
may use the Service only if you can form a legally binding
contract with us, and only in compliance with these Terms and
all applicable local, state, national, and international laws,
rules, and regulations (“**Applicable Law**”). To use the
Service, you must be at least 18 years old (or the age of
majority in your jurisdiction). The Service is not available to
any Users we previously removed from the Service.
2. **User Accounts**
1) Your User Account; Suspension and Termination. Your
account on the Service (your “**User Account**”) gives you
access to certain services and functionalities that we may,
in our sole discretion, establish and maintain as part of
the Service from time to time. We may, with or without prior
notice, permanently terminate or temporarily suspend your
access to your User Account and/or the Service without
liability and for any or no reason, including if you violate
any provision of these Terms. Additionally, you may
deactivate your User Account at any time. We may, with or
without prior notice, change or stop providing the Service,
to you or to Users generally, or create usage limits for the
Service.
2) Organizational Accounts. An individual may access
and/or use the Service on behalf of a company or other
entity, such as that individual’s employer (such entity, an
“**Organization**”). In such cases, notwithstanding anything
to the contrary herein: (a) these Terms are an agreement
between (i) us and such individual and (ii) us and that
Organization; (b) “you,” as used in these Terms in the
context of a license grant, assignment, restriction,
obligation, acknowledgment, representation, warranty, or
covenant, or in any similar context, means (i) such
individual ***and*** (ii) “the Organization, on
behalf of the Organization and its subsidiaries and
affiliates, and its and their respective directors,
officers, employees, contractors, agents, and other
representatives who access and/or use the Service
(collectively, “**Org Users**”)”; and “your” has the
corresponding meanings; (c) such individual represents and
warrants to having the authority to bind that Organization
to these Terms (and, in the absence of such authority, such
individual may not access, nor use, the Service); (d) such
individual’s acceptance of these Terms will bind that
Organization to these Terms; (e) we may disclose information
regarding such individual and such individual’s access to
and use of the Service to that Organization; (f) such
individual’s right to access and use the Service may be
suspended or terminated (and the administration of the
applicable User Account may be transferred) if such
individual ceases to be associated with, or ceases to use an
email address associated with or provisioned by, that
Organization; (g) that Organization will make all Org Users
aware of these Terms’ provisions, as applicable to such Org
Users, and will cause each Org User to comply with such
provisions; and (h) that Organization will be solely
responsible and liable for all acts and omissions of the Org
Users, and any act or omission by any Org User that would
constitute a breach of these Terms had it been taken by that
Organization will be deemed a breach of these Terms by that
Organization. Without limiting the generality of the
foregoing, if an individual opens a User Account using an
email address associated with or provisioned by an
Organization, or if an Organization pays fees due in
connection with such individual’s access to or use of the
Service (or reimburses such individual for payment of such
fees), then we may, in our sole discretion, deem such
individual to be accessing and using the Service on behalf
of that Organization.
3) Account Security. You may never use another User’s
User Account without such User’s permission. You are solely
responsible for the activity that occurs on your User
Account, you will keep your User Account password(s) and/or
any other authentication credentials secure, and you will
not share your password(s) and/or any other authentication
credentials with anyone else. We encourage you to use
“strong” passwords (passwords that use a combination of
upper- and lower-case letters, numbers, and symbols) to
protect your User Account. Any Org User with
administrator-level access to your User Account can modify
your User Account settings, access, and billing information.
We will not be liable for, and expressly disclaim liability
for, any losses caused by any unauthorized use of your User
Account and/or any changes to your User Account. You will
notify us immediately of any breach of security or
unauthorized use of your User Account.
4) Account Settings. You may control certain aspects of
your User Account and any associated User profile, and of
the way you interact with the Service, by changing the
settings in your settings page. By providing us with your
email address, you consent to our using that email address
to send you Service-related notices. If we send you
marketing-related emails, you may opt out of receiving them
or change your preferences by contacting the Service support
team at support@exe.dev or by clicking on the “unsubscribe”
link within a marketing email. Opting out will not prevent
you from receiving Service-related notices.
3. **Your Interactions with Other Users.**
YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS, INCLUDING SHARING OF INFORMATION, WITH OTHER
USERS. WE RESERVE THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND
OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM
YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY USER'S ACTION OR
INACTION, INCLUDING RELATING TO USER CONTENT (AS DEFINED
BELOW).
2. **Access to the Service; Service Restrictions**
1. **Access to the Service.** Subject to your compliance with these
Terms and any documentation we may make available to you, you
are hereby granted a non-exclusive, limited, non-transferable,
and freely revocable right to access and use the Service, solely
for your personal use or internal business purposes, as
permitted by the features of the Service. We reserve all rights
not expressly granted herein in and to the Service.
Notwithstanding anything to the contrary herein, certain
portions of the Service may be available only during the
Subscription Term(s) (as defined below), as further described in
Section 6.4 (Subscription Plans).
2. **Restrictions and Acceptable Use.** Except to the extent a
restriction is prohibited by Applicable Law, you will not do,
and will not enable any third party to do, any of the following:
1) disassemble, reverse engineer, decode, or decompile any part
of the Service or license or resell or modify any part of
the Service;
2) use any automated or non-automated means to access the
Service for “scraping” (except that public search engines
may use spiders to create searchable indices of public
materials, only as specified in the robots.txt file);
3) use the Service to disable, override, or otherwise interfere
with any Company-implemented communications to end users,
consent screens, user settings, alerts, warning, or the
like;
4) impose an unreasonable or disproportionately large load on
Company infrastructure, including without limitation
intentionally uploading excessive amounts of data or
otherwise abusing the Service in a manner that degrades
performance for others, especially for the purpose of
evading payment or financial obligations;
5) use the Service for cryptocurrency mining or other
unauthorized commercial purposes;
6) use the Service in any manner that impacts the stability of
the servers or the operation or performance of the Service
or any User’s use of the Service;
7) copy, rent, lease, sell, loan, transfer, assign, sublicense,
resell, distribute, modify, alter, or create derivative
works of any part of the Service or any of our intellectual
property;
8) use the Service in any manner that (i) violates any
Applicable Law, contractual obligation, or right of any
person, (ii) is fraudulent, false, deceptive, or defamatory,
(iii) promotes hatred, violence, or harm against, or
(iv) otherwise may be harmful or objectionable to us or any
other third party;
9) use the Service in competition with us, to develop competing
products or services, for benchmarking or competitive
analysis of the Service, or otherwise to our detriment or
disadvantage;
10) bypass the measures we may use to prevent or restrict access
to the Service;
11) use the Service to transmit spam or other unsolicited email
(and we may immediately remove any content that we believe
to be spam) or use the Service for commercial solicitation;
12) access any content available on or via the Service through
any technology or means other than those provided by the
Service or authorized by us;
13) attempt to interfere with, compromise the system integrity
or security of, or decipher any transmissions to or from,
the servers running the Service;
14) transmit invalid data, viruses, worms, or other software
agents through the Service;
15) collect or harvest any personal information from the
Service; or
16) refer to us or to the Service in a manner that could imply a
relationship that involves endorsement, affiliation, or
sponsorship between you (or a third party) and us without
our consent.
3. **User Content**
1. As between us and you, you (or your licensors) will own any and
all information, data, and other content that is collected or
otherwise received by us from you through the Service (“**User
Content**”).
2. We claim no ownership rights over User Content, and, as between
you and us, all User Content that is submitted, posted,
displayed, provided, shared, or otherwise made available on or
via the Service by you is and will remain yours. We have the
right (but not the obligation) in our sole discretion to remove
any of your User Content that is shared via the Service. You
grant, and you represent and warrant that you have all rights
necessary to grant, to us, under all of your intellectual
property rights, a non-exclusive and royalty-free right and
license to use, copy, store, modify, distribute, reproduce, and
display your User Content and Output: (i) to maintain and
provide the Service; (ii) to exercise our rights and enforce our
obligations under these Terms; and (iii) to perform such other
actions authorized by you in connection with your use of the
Service.
3. You affirm, represent, and warrant the following: (a) you have
obtained, and are solely responsible for obtaining, all consents
required by Applicable Law to provide User Content relating to
third parties; (b) your User Content and Output and our use
thereof as contemplated by these Terms and the Service will not
violate any Applicable Law or infringe any rights of any third
party, including, but not limited to, any intellectual property
rights, privacy rights and confidentiality rights; (c) you will
not upload or make available through the Service, either
directly or by other means, any personal information of children
under 13 or the applicable age of digital consent; and (d) your
User Content does not include sexually suggestive content; hate
speech or direct attacks on an individual or group; content that
is abusive, harassing, defamatory, vulgar, libelous, or invasive
of another’s privacy; sexist or racially, ethnically, or
otherwise discriminatory content; content that contains
self-harm or excessive violence; impostor profiles; content in
furtherance of harmful or illegal activities; malicious programs
or code; any person’s personal information without such person’s
consent; spam messages; and/or otherwise objectionable content.
4. You own your User Content and we claim no ownership rights over
your user content. We take no responsibility and assume no
liability for any user content. You will be solely responsible
for your user content and the consequences of submitting,
posting, displaying, providing, sharing, or otherwise making it
available on or through the service, and you understand and
acknowledge that we are acting only as a passive conduit for
your online distribution and publication of your user content.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER
CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT
AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING,
PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR
THROUGH THE SERVICE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE
ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE
DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT. YOU
UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICE MAY EXPOSE YOU TO
CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR
CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU
UNDERSTAND AND ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY
DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY
CONTENT ACCESSED ON OR THROUGH THE SERVICE.
4. **Intellectual Property**
1. **Company Intellectual Property.** You understand and
acknowledge that we (or our licensors (including other Users),
as applicable) own and will continue to own all rights
(including intellectual property rights), title, and interest in
and to the Service, all materials and content displayed or
otherwise made available on and/or through the Service
(excluding your User Content), and all software, algorithms,
code, technology, and intellectual property underlying and/or
included in or with the Service. Use of any intellectual
property for any purpose not expressly permitted by these Terms
is strictly prohibited.
2. **Generated Content.** You may be allowed to submit text,
documents, images and other materials to the Services for
processing, and receive output from the Services based on such
materials (“**Output**”). Due to the nature of machine learning,
use of the service may result in incorrect Output. You must
evaluate the accuracy of any Output as appropriate for your use
case, including by using human review of the output. You agree
that we shall not be liable for any damages you or any third
party alleges to incur as a result of or relating to any Output
or other content generated by or accessed on or through the
service.
3. **Usage Data.** We may collect, or you may provide to us,
diagnostic, technical, usage, and/or related information,
including information about your computers, mobile devices,
systems, and software (collectively, “**Usage Data**”). All
Usage Data is and will be owned solely and exclusively by us,
and, to the extent any ownership rights in or to the Usage Data
vest in you, you hereby assign to us all rights (including
intellectual property rights), title, and interest in and to
same. Accordingly, we may use, maintain, and/or process the
Usage Data or any portion thereof for any lawful purpose,
including, without limitation: (a) to provide and maintain the
Service; (b) to improve our products and services (including the
Service), and to develop new products, services, and/or
features; (c) to monitor your usage of the Service; (d) for
research and analytics, including, without limitation, data
analysis, identifying usage trends, and/or customer research;
and (e) to share analytics and other derived Usage Data with
third parties, solely in de-identified or aggregated form. The
Service may contain technological measures designed to prevent
unauthorized or illegal use of the Service; you understand and
acknowledge that we may use these and other lawful measures to
verify your compliance with these Terms and to enforce our
rights, including intellectual property rights, in and to the
Service.
4. **Open Source Software**. Some software used in our Service may
be offered under an open source license that we make available
to you. There may be provisions in an open source license that
expressly override some of these terms, so please be sure to
read those licenses.
5. **Feedback.** To the extent you provide us any suggestions,
recommendations, or other feedback relating to the Service or to
any other Company products or services (collectively,
“**Feedback**”), you hereby assign to us all rights (including
intellectual property rights), title, and interest in and to the
Feedback, without providing any attribution or compensation to
you or to any third party. Please treat Feedback as our
Confidential Information (as defined below).
5. **Confidential Information**
The Service may include non-public, proprietary, or confidential
information of Company and/or of other Users (“**Confidential
Information**”). Confidential Information includes any information that
should reasonably be understood to be confidential given the nature of
the information and the circumstances of disclosure, including
non-public business, product, technology, and marketing information. You
will: (a) protect and safeguard the confidentiality of all Confidential
Information with at least the same degree of care as you would use
protect your own highly sensitive confidential information, but in no
event with less than a reasonable degree of care; (b) not use any
Confidential Information for any purpose other than to exercise your
rights, or to perform your obligations, under these Terms; and (c) not
disclose any Confidential Information to any person or entity, except
your service providers or financial or legal advisors who/that (i) need
to know the Confidential Information and (ii) are bound by non-use and
non-disclosure restrictions at least as restrictive as those set forth
in this Section.
6. **Payments, Billing, and Subscription Plans**
1. **Billing Policies; Taxes.** Certain aspects of the Service may
be provided for free, while certain other aspects of the Service
may be provided for a fee (“**Fee**”). Each Fee (including each
Subscription Fee (as defined below)) is the sum of the
applicable Company Fee (as defined below) and any applicable
Third-Party Fees (as defined below). By electing to use non-free
aspects of the Service, including enrolling in Subscription(s)
(as defined below), you agree to the pricing and payment terms
applicable to you, as may be made available on our website
(including without limitation at <https://exe.dev/docs/pricing>)
or via your User Account, and as incorporated by reference
herein. We may add new products and/or services for additional
Fees, add or amend Fees for existing products and/or services,
and/or discontinue offering any Subscriptions at any time;
provided, however, that if we have agreed to a specific
Subscription Term and a corresponding Subscription Fee, then
that Subscription will remain in force for that Subscription Fee
during that Subscription Term. Any change to our pricing and
payment terms will become effective in the billing cycle
following our provision of notice of such change. Except as may
be expressly stated in these Terms, all Fees must be paid in
advance, payment obligations are non-cancelable once incurred
(subject to any cancellation rights set forth in these Terms),
and Fees paid are non-refundable. Fees are stated exclusive of
any taxes, levies or duties (collectively, but, for clarity,
excluding taxes based on our net income, “**Taxes**”). You will
be responsible for paying all Taxes associated with your
purchases and/or Subscriptions in connection with the Service.
2. **Definitions**
1) “**Company Fee**” means the portion of the Fee (including
any Subscription Fee) that Company may retain as
consideration for providing the Service or any portion
thereof (including any particular Subscription), as
applicable.
2) “**Subscription**” means a particular portion of the Service
that is available on an automatically renewing subscription
basis, and your access thereto, as applicable.
3) “**Subscription Fee**” means the recurring amount due as
consideration for a Subscription.
4) “**Third-Party Fees**” means the portion of the Fee
(including any Subscription Fee) retained by one (1) or more
third parties, including Payment Processor, that we may
engage from time to time, in our sole discretion.
5) “**Payment Processors**” means the third-party payment
processors which we engage to process payments Users make in
connection with the Service.
3. **Your Payment Method**
1) General. To use non-free aspects of the Service, you
must provide us with at least one (1) valid payment card
that is accepted by us and Payment Processor (each such
card, a “**Payment Method**”). By providing a Payment
Method, you authorize each of Company and Payment Processor
to charge that Payment Method the applicable Fees and Taxes,
including, if applicable, on a recurring basis until you
cancel your Subscription (including any notice period
specified in the Cancellation Procedures section below).
Fees and Taxes will be charged to your Payment Method on the
specific payment date indicated in your User Account. The
length of your billing cycle will depend on the type of
Subscription in which you are enrolled, if applicable. We
may authorize your Payment Method in anticipation of
Service-related charges through various methods.
2) Third-Party Payment Processor. We or Payment
Processor will attempt to verify your Payment Method(s), and
may do so by processing an authorization hold, which is
standard practice. To the extent Payment Processor processes
payments made by you, you will be subject to terms and
conditions governing the use of Payment Processor’s service.
Please review such terms and conditions as well as Payment
Processor’s privacy notice (each of which is available on
Payment Processor’s website). You acknowledge and understand
that Payment Processor may collect and retain Third-Party
Fees whenever you pay Fees (including Subscription Fees).
Payment must be received by Payment Processor before our
acceptance of an order. For all payments, Payment Processor
will collect your Payment Method details and charge your
chosen Payment Method in connection with an order. If any of
your account, order, or Payment Method information changes,
you will promptly update such information, so that we or
Payment Processor may complete your transaction(s) and/or
contact you, as needed. By using our Service, you agree to
be bound by the Services Agreement of Stripe, one of our
Payment Processors, available at
https://stripe.com/us/legal.
3) Payment Representations and Warranties. You represent
and warrant that: (i) the account, order, and Payment Method
information you supply to us and/or to Payment Processor, as
applicable, is true, accurate, correct, and complete;
(ii) you are duly authorized to use the Payment Method(s);
(iii) you will pay any and all charges incurred by users of
your Payment Method in connection with the Service,
including any applicable Fees (at the prices in effect when
such charges are incurred) and Taxes; (iv) charges incurred
by you will be honored by your Payment Method company;
(v) you will not allow or enable anyone else to use your
Subscription (including, without limitation, by sharing your
password(s) or any other authentication credentials with
anyone else, or by attempting to transfer your Subscription
to anyone else); and (vi) you will report to us any
unauthorized or prohibited access to or use of your
Subscription and/or password(s) or other authentication
credentials.
4) Disclaimer. WE DISCLAIM ANY AND ALL LIABILITY WITH
RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE
NOT RESPONSIBLE FOR: (I) ANY SECURITY OR PRIVACY BREACHES
RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD, (II)
ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN
CONNECTION WITH THE COLLECTION OF FEES, AND/OR (III) ANY
UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER
PAYMENT METHOD BY A THIRD PARTY.
4. **Subscription Plans**
1) Automatic Renewals. Subscriptions are available on an
automatically renewing subscription basis and entail payment
of Subscription Fees. YOUR SUBSCRIPTION WILL AUTOMATICALLY
RENEW AT THE END OF EACH SUBSCRIPTION TERM IDENTIFIED IN
YOUR ACCOUNT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THAT
INITIAL SUBSCRIPTION TERM (EACH SUCH PERIOD, A
“**SUBSCRIPTION TERM**”) UNLESS AND UNTIL YOU CANCEL THE
APPLICABLE SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION
PROCEDURES IDENTIFIED BELOW. YOU UNDERSTAND THAT UNLESS AND
UNTIL YOU NOTIFY US OF YOUR INTENT TO CANCEL, YOUR
SUBSCRIPTION AND THE CORRESPONDING SUBSCRIPTION FEE WILL
AUTOMATICALLY RENEW, AND YOU AUTHORIZE EACH OF Company AND
PAYMENT PROCESSOR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY
APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION
FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT
METHODS.
2) Automatic Billing and Policies. When you enroll in a
Subscription, you expressly acknowledge and agree that:
(i) each of Company and Payment Processor is authorized to
charge you, at the beginning of each Subscription Term, the
Subscription Fee for the applicable Subscription, any
applicable Taxes, and any other charges you may incur in
connection with such Subscription, subject to adjustment in
accordance with these Terms; and (ii) your Subscription is
continuous until the earlier of: (A) your cancellation of
such Subscription (including any notice period specified in
the Cancellation Procedures section below) and (B) the
suspension, discontinuation, or termination of your access
to such Subscription or to the Service in accordance with
these Terms. You understand and acknowledge that the amounts
billed may vary due to Promotional Offers (as defined
below), changes to the Subscription Fee in accordance with
the payment terms set forth via the Service, and/or changes
in applicable Taxes, and you authorize each of Company and
Payment Processor to charge your Payment Method the changed
amounts.
3) Cancellation Procedures. To cancel any Subscription,
you must notify us before the start of the next Subscription
Term by using the appropriate functionalities of the
Service, including through the same method you used to sign
up (for example, if you signed up online, you may cancel
online through your User Account settings), or by contacting
us at support@exe.dev. You will continue to have access to
the Subscription through the end of the then-current
Subscription Term. You understand that unless and until you
notify us of your intent to cancel, your subscription and
the corresponding subscription fee will automatically renew,
and you authorize each of COMPANY and payment processor
(without notice to you, unless required by applicable law)
to charge you the applicable subscription fee and any
applicable taxes, using any of your payment methods.
4) Cancellation; Refunds. You may de-activate your User
Account or any Subscription at any time and we may suspend
or terminate your Subscription, your User Account, or the
Service at any time, in our sole discretion. HOWEVER, YOU
UNDERSTAND AND ACKNOWLEDGE THAT, UNLESS REQUIRED BY
APPLICABLE LAW, YOU WILL NOT BE ENTITLED TO RECEIVE ANY
REFUND OR CREDIT FOR ANY SUCH CANCELLATION, SUSPENSION, OR
TERMINATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION,
ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION,
ANY USAGE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE
SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER
ACCOUNT, OR ANYTHING ELSE, AND THAT ANY SUCH REFUNDS OR
CREDITS MAY BE GRANTED AT OUR SOLE OPTION AND IN OUR SOLE
DISCRETION. If you believe you have been improperly charged
and would like to request a refund, please contact us at
support@exe.dev.
5) Free Trials. We may, at our sole option and in our
sole discretion, offer free trials to a particular portion
of the Service, subject to the terms of the offer. If you
are signed up to such a free trial, we or Payment Processor
will automatically bill your Payment Method on the day that
follows the last day of your free trial (which day will be
the first day of your first Subscription Term), and on the
first day of each subsequent Subscription Term, subject to
these Terms. If you wish to avoid charges to your Payment
Method, you must cancel your free trial by 11:59 PM Eastern
Time on the last day of your free trial period, using the
same method you used to sign up or any other method we make
available to you. If you cancel your free trial while it is
ongoing, your access to the applicable portion of the
Service may be terminated immediately upon such
cancellation.
5. **Promotional Offers.** We may from time to time offer special
promotional offers, plans, or memberships (“**Promotional
Offers**”). Promotional Offer eligibility is determined by us in
our sole discretion, and we reserve the right to revoke a
Promotional Offer in the event that we determine you are not
eligible. We may use information such as device ID, method of
payment, and/or an email address used in connection with your
User Account to determine eligibility. The eligibility
requirements and other limitations and conditions will be
disclosed when you sign-up for the Promotional Offer or in other
communications made available to you. You understand and
acknowledge that any Promotional Offers, including, without
limitation, relating to Subscriptions, are subject to change at
any time and from time to time.
7. **Privacy; Data Security**
1. **Privacy.** We care about your privacy. To provide and enhance
the Service, we may need to be able to identify you and your
interests, and we use your personal data to do this. By using
the Service, you acknowledge that we may collect, use, and
disclose your personal information and aggregated and/or
anonymized data as set forth in our Privacy Notice, and that
your personal information may be transferred to, and/or
processed in, the United States.
2. **Security.** We care about the integrity and security of your
personal information. However, we cannot guarantee that
unauthorized third parties will never be able to defeat our
security measures or to use your data for improper purposes. You
acknowledge that you provide your data at your own risk.
8. **Text Messaging and Calls**
1. **General.** You may provide us with your telephone number as
part of creating your User Account or otherwise. By providing a
telephone number, you consent to receiving autodialed or
prerecorded calls and/or text messages from us, or on our
behalf, at such telephone number. We may place such calls or
send such texts to (a) help keep your User Account secure
through the use of multi-factor authentication (“**MFA**”);
(b) help you access your User Account if you are experiencing
difficulties; and/or (c) as otherwise necessary to service your
account or enforce these Terms, our policies, Applicable Law, or
any other agreement we may have with you. Part of the MFA
identity-verification process may involve Company sending text
messages containing security codes to the telephone number you
provided, and you agree to receive such texts from or on behalf
of Company.
2. **Consent to Transactional Communications.** You expressly
consent and agree to Company contacting you using written,
electronic, and/or verbal means, including manual dialing,
emails, prerecorded/artificial voice messages, and/or using an
automatic telephone dialing system to call or text your
mobile/cellular telephone number, as necessary to complete
transactions requested by you and to service your account, and
as permitted by Applicable Law, in each case even if the phone
number is registered on any United States federal and/or state
Do-Not-Call/Do-Not-email registry/ies. Message and data rates
apply. For purposes of clarity, the text messages described in
this paragraph are transactional text messages, not promotional
text messages.
3. **Consent to Promotional Messages.** Additionally, we offer you
the chance to enroll to receive recurring SMS/text messages from
Company. You may enroll to receive text messages about
account-related news and alerts and/or Promotional Offers
(including cart reminders) and marketing related to Company
products and/or services. By enrolling in Company’s SMS/text
messaging service, you agree to receive text messages from
Company to the mobile phone number provided by you, and you
certify that such mobile number is true and accurate and that
you are authorized to enroll such mobile number to receive such
texts. You acknowledge and agree that the texts may be sent
using an automatic telephone dialing system and that message and
data rates apply. Check your mobile plan and contact your
wireless provider for details. You are solely responsible for
all charges related to SMS/text messages, including charges from
your wireless provider. Message frequency varies. Consent is not
required as a condition of purchase. To the extent permitted by
Applicable Law, we are not responsible for any delays upon
sending or receiving text messages.
4. **Unsubscribing From Promotional Messages.** You may opt out
from promotional text messages at any time. To unsubscribe from
promotional text messages, text or reply “STOP,” “QUIT,” “END,”
“CANCEL,” or “UNSUBSCRIBE” to the number from which you received
the text from the mobile device receiving the messages, or to
the other phone number provided by Company (if any) for such
purpose. You consent that following such a request to
unsubscribe, you may receive one (1) final text message from or
on behalf of Company confirming your request. For help, please
contact us at support@exe.dev.
9. **Your Use of Third-Party Services**
The service may contain links to third-party sites, materials, and/or
services (collectively, “**Third-Party Services**”) that are not owned
or controlled by us, and certain functionalities of the service may
require your use of third-party services, to which you are subject to
and agree to the third party’s terms and conditions made available via
its services. We do not endorse or assume any responsibility for any
third-party services. If you access a third-party service from the
service or share your user content OR OUTPUT on or through any
third-party service, you do so at your own risk, and you understand that
these terms and our privacy notice do not apply to your use of any
third-party service. You expressly relieve us from any and all liability
arising from your access to and/or use of any third-party service.
Additionally, your dealings with, or participation in promotions of,
advertisers found on the service are solely between you and such
advertisers. You understand and acknowledge that we will not be
responsible for any loss or damage of any sort relating to your dealings
with such advertisers.
10. **Release**
You hereby release us from all claims, damages (whether direct,
indirect, incidental, consequential, or otherwise), obligations,
losses, liabilities, costs, debts, and expenses, in each case of
every kind and nature, known and unknown, arising out of a dispute
between you and a third party (including any other User) in
connection with the Service. In addition, you waive any Applicable
Law that says, in substance: “a general release does not extend to
claims which the releasing party does not know or suspect to exist
in his or her favor at the time of executing the release, which, if
known by him or her, would have materially affected his or her
settlement with the released party.”
11. **Indemnity**
You will defend, indemnify, and hold us and our subsidiaries and
affiliates, and our and their respective agents, suppliers, licensors,
employees, contractors, officers, and directors (collectively, including
Company, the “**Company Indemnitees**”) harmless from and against any
and all claims, damages (whether direct, indirect, incidental,
consequential, or otherwise), obligations, losses, liabilities, costs,
debts, and expenses (including, but not limited to, legal fees) arising
from: (a) your access to and/or use of the Service, including your use
of Output; (b) your violation of any term of these Terms; (c) your
violation of any third-party right, including, without limitation, any
privacy right or intellectual property right; (d) your violation of any
Applicable Law; (e) User Content or any content that is submitted via
your User Account; (f) your willful misconduct; or (g) any third party’s
access to and/or use of the Service with your authentication
credential(s).
12. **No Warranty; Disclaimers**
The service is provided on an “as is” and “as available” basis. To the
maximum extent permitted by applicable law, the service, the
intellectual property, and any other information available on or through
the service are provided without warranties of any kind, whether express
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, and/or
non-infringement. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, NONE OF THE Company INDEMNITEES WARRANTS THAT ANY CONTENT OR
ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE IS
ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS
OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS SO OBTAINED AT YOUR
OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT
RESULTS FROM SAME OR FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE. YOU
MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY
REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD
PERMITTED BY APPLICABLE LAW.
Further, Company does not warrant, endorse, guarantee, recommend, or
assume responsibility for any product or service advertised or offered
by any third party through the service or any hyperlinked website or
service, and Company will not be a party to, or in any way monitor, any
transaction between you and third-party providers of products or
services.
13. **Limitation of Liability**
To the maximum extent permitted by applicable law, in no event will any
Company indemnitee be liable for any indirect, punitive, incidental,
special, consequential, or exemplary damages, including, without
limitation, damages for loss of profits, goodwill, use, or data, or
other intangible losses, arising out of or relating to the use of, or
inability to use, the service or any portion thereof. Under no
circumstances will we be responsible for any damage, loss, or injury
resulting from hacking, tampering, or other unauthorized access to or
use of the service or your user account or the information contained
therein. In no event will any Company indemnitee be liable to you for
any claims, proceedings, liabilities, obligations, damages, losses, or
costs in an amount exceeding the amount you paid to us hereunder or one
hundred U.S. Dollars ($100.00), whichever is greater. THIS LIMITATION
OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE;
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO
OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS
IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY USER CONTENT, OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
The disclaimers, exclusions, and limitations of liability under these
terms will not apply to the extent prohibited by applicable law.
14. **Governing Law, Arbitration, and Class Action/Jury Trial
Waiver**
1. **Governing Law.** These Terms will be governed by the laws of
the State of California, without respect to its conflict of laws
principles. Notwithstanding the preceding sentences with respect
to the substantive law governing these Terms, the Federal
Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended,
“**FAA**”) governs the interpretation and enforcement of the
Arbitration Agreement below and preempts all state laws (and
laws of other jurisdictions) to the fullest extent permitted by
Applicable Law. If the FAA is found to not apply to any issue
that arises from or relates to the Arbitration Agreement, then
that issue will be resolved under and governed by the law of the
U.S. state where you live (if applicable) or the jurisdiction
mutually agreed upon in writing by you and us. The application
of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You agree to
submit to the exclusive personal jurisdiction of the federal and
state courts located in California for any actions for which we
retain the right to seek injunctive or other equitable relief in
a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation, or violation of our
data security, Confidential Information, or intellectual
property rights, as set forth in the Arbitration Agreement
below, including any provisional relief required to prevent
irreparable harm. You agree that California is the proper and
exclusive forum for any appeals of an arbitration award, or for
trial court proceedings in the event that the Arbitration
Agreement below is found to be unenforceable. These Terms were
drafted in the English language and this English language
version of the Terms is the original, governing instrument of
the understanding between you and us. In the event of any
conflict between the English version of these Terms and any
translation, the English version will prevail.
2. **Arbitration Agreement**
1) General. READ THIS SECTION CAREFULLY BECAUSE IT
REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS
THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This
Arbitration Agreement applies to and governs any dispute,
controversy, or claim between you and us that arises out of
or relates to, directly or indirectly: (i) these Terms;
(ii) access to or use of the Service, including receipt of
any advertising or marketing communications; (iii) any
transactions through, by, or using the Service; or (iv) any
other aspect of your relationship or transactions with us as
a User or consumer (each, a “**Claim**,” and, collectively,
“**Claims**”). This Arbitration Agreement will apply,
without limitation, to all Claims that arose or were
asserted before or after your consent to these Terms.
2) Opting Out of Arbitration Agreement. If you are a new
User, you can reject and opt out of this Arbitration
Agreement within thirty (30) days of accepting these Terms
by emailing us at support@exe.dev with your full, legal name
and stating your intent to opt out of this Arbitration
Agreement. Opting out of this Arbitration Agreement does not
affect the binding nature of any other part of these Terms,
including the provisions regarding controlling law or the
courts in which any disputes must be brought.
3) Dispute-Resolution Process. For any Claim, you will
first contact us at support@exe.dev and attempt to resolve
the Claim with us informally. In the unlikely event that we
have not been able to resolve a Claim after sixty (60) days,
we each agree to resolve such Claim exclusively through
binding arbitration by JAMS before a single arbitrator (the
“**Arbitrator**”), under the Optional Expedited Arbitration
Procedures then in effect for JAMS (the “**Rules**”), except
as provided herein. JAMS may be contacted at
[www.jamsadr.com](http://www.jamsadr.com/), where the
Rules are available. In the event of any conflict between
the Rules and this Arbitration Agreement, this Arbitration
Agreement will control. The arbitration will be conducted in
the U.S. county where you live (if applicable) or Alameda
County, California, unless you and Company agree otherwise.
If you are using the Service for commercial purposes, each
party will be responsible for paying any JAMS filing and
administrative fees and Arbitrator fees in accordance with
the Rules, and the award rendered by the Arbitrator will
include costs of arbitration, reasonable attorneys’ fees,
and reasonable costs for expert and other witnesses. If you
are an individual using the Service for non-commercial
purposes: (i) JAMS may require you to pay a fee for the
initiation of your case, unless you apply for and
successfully obtain a fee waiver from JAMS; (ii) the award
rendered by the Arbitrator may include your costs of
arbitration, your reasonable attorneys’ fees, and your
reasonable costs for expert and other witnesses; and
(iii) you may sue in a small claims court of competent
jurisdiction without first engaging in arbitration, but this
would not absolve you of your commitment to engage in the
informal dispute resolution process. Any judgment on the
award rendered by the Arbitrator may be entered in any court
of competent jurisdiction. You and we agree that the
Arbitrator, and not any federal, state, or local court or
agency, will have exclusive authority to resolve any
disputes relating to the scope, interpretation,
applicability, enforceability, or formation of this
Arbitration Agreement, including any claim that all or any
part of this Arbitration Agreement is void or voidable. The
Arbitrator will also be responsible for determining all
threshold arbitrability issues, including issues relating to
whether these Terms are, or whether any provision of these
Terms is, unconscionable or illusory, and any defense to
arbitration, including waiver, delay, laches,
unconscionability, and/or estoppel.
4) Equitable Relief. NOTHING IN THIS ARBITRATION
AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING
INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS
NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT,
MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY,
CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS;
OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS
COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE
MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN
INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND
NON-REPRESENTATIVE) BASIS.
5) Severability. If this Arbitration Agreement is found
to be void, unenforceable, or unlawful, in whole or in part,
the void, unenforceable, or unlawful provision, in whole or
in part, will be severed. Severance of the void,
unenforceable, or unlawful provision, in whole or in part,
will have no impact on the remaining provisions of this
Arbitration Agreement, which will remain in force, or on the
parties’ ability to compel arbitration of any remaining
Claims on an individual basis pursuant to this Arbitration
Agreement. Notwithstanding the foregoing, if the Class
Action/Jury Trial Waiver below is found to be void,
unenforceable, or unlawful, in whole or in part, because it
would prevent you from seeking public injunctive relief,
then any dispute regarding the entitlement to such relief
(and only that relief) must be severed from arbitration and
may be litigated in a civil court of competent jurisdiction.
All other claims for relief subject to arbitration under
this Arbitration Agreement will be arbitrated under its
terms, and the parties agree that litigation of any dispute
regarding the entitlement to public injunctive relief will
be stayed pending the outcome of any individual claims in
arbitration.
3. **Class Action/Jury Trial Waiver.** BY ENTERING INTO THESE TERMS, YOU
AND Company ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS
MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS
AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED
THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS
CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION,
AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND
Company AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN
INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT
AFFECT OTHER USERS.
15. **U.S. Government Restricted Rights**
To the extent the Service is being used by or on behalf of the U.S.
Government, the Service will be deemed commercial computer software or
commercial computer software documentation (as applicable). Accordingly,
if you are an agency of the U.S. Government or any contractor therefor,
you receive only those rights with respect to the Service as are granted
to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and
48 C.F.R. §12.212, as applicable.
16. **Export Controls**
You understand and acknowledge that the Service may be subject to export
control laws and regulations. You will comply with all applicable import
and export and re-export control and trade and economic sanctions laws
and regulations, including the Export Administration Regulations
maintained by the U.S. Department of Commerce, trade and economic
sanctions maintained by the U.S. Treasury Department’s Office of Foreign
Assets Control (“**OFAC**”), and the International Traffic in Arms
Regulations maintained by the U.S. State Department. You represent and
warrant that you are not, and that no person to whom you make the
Service available or that is acting on your behalf, or, if you are an
Organization, that no person or entity owning 50% or more of your equity
securities or other equivalent voting interests, is (a) listed on the
List of Specially Designated Nationals and Blocked Persons or on any
other list of sanctioned, prohibited, or restricted parties administered
by OFAC or by any other governmental entity, or (b) located in, a
national or resident of, or a segment of the government of, any country
or territory for which the United States maintains trade or economic
sanctions or embargoes or that has been designated by the U.S.
Government as a “terrorist supporting” region.
17. **General Provisions**
1. **Assignment.** These Terms, and any rights and licenses granted
hereunder, may not be transferred or assigned by you without our
prior express written consent, but may be assigned by us without
restriction. Any attempted transfer or assignment in violation
hereof will be null and void.
2. **Notification Procedures and Changes to these Terms.** We may
provide notifications to you via email notice or through posting
of such notice on the Service, as we determine in our sole
discretion. We may modify or update these Terms from time to
time, and you should review this page periodically. These Terms
apply to and govern your access to and use of the Service
effective as of the start of your access to the Service, even if
such access began before publication of these Terms. Your
continued use of the Service after any change to these Terms
constitutes your acceptance of the new Terms of Service. If you
do not agree to any part of these Terms or to any future Terms
of Service, do not access or use (or continue to access or use)
the Service.
3. **Entire Agreement; Severability.** These Terms, together with
any amendments and any additional agreements you may enter into
with us in connection with the Service, will constitute the
entire agreement between you and us concerning the Service.
Except as otherwise stated in the Arbitration Agreement, if any
provision of these Terms is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision will
not affect the validity of the remaining provisions of these
Terms, which will remain in full force and effect.
4. **No Waiver.** No waiver of any term of these Terms will be
deemed a further or continuing waiver of such term or of any
other term, and our failure to assert any right or provision
under these Terms will not constitute a waiver of such right or
provision.
5. **California Residents.** The provider of the Service is Bold
Software Inc, 43 Slater Ln, Berkeley, CA 94705. If you are a California
resident, in accordance with Cal. Civ. Code §1789.3, you may
report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of
Consumer Affairs by contacting it in writing at 1625 North
Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone
at (800) 952-5210 or (916) 445-1254.
6. **Contact.** If you have any questions about these Terms and/or
the Service, please contact us at support@exe.dev.