Terms Of Service

These Hatchbox Terms of Use (or “Terms”) are between you and GoRails, LLC and our affiliates (“GoRails”, “us” or “we”) and, together with the GoRails Terms of Use and the GoRails Privacy Policy, govern your use of Hatchbox and hatchbox.io. Capitalized terms we use without providing a definition have the meaning given to them in the GoRails Terms of Use. If you have any questions about these Terms or the services offered by GoRails, please contact us at support@gorails.com.

THESE HATCHBOX TERMS INCLUDE THE CLASS ACTION WAIVER AND AN ARBITRATION PROVISION SET FORTH IN THE GORAILS TERMS OF USE AND THAT GOVERNS ANY DISPUTES BETWEEN YOU AND GORAILS.

1. Acceptance. To use Hatchbox, you must agree to be unconditionally bound by these Terms. You accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form, or by visiting or using hatchbox.io or Hatchbox in any manner. If you use Hatchbox on behalf of a company or other entity, you represent, agree, and warrant that you are authorized to act on behalf of the entity and to bind such entity to these Terms. You must meet the Eligibility requirements in Section 2 of the GoRails Terms of Use to accept these Terms and form a binding contract. If you do not agree with these Terms in full, do not use Hatchbox or hatcbox.io.

2. Registration. Anyone may visit hatcbox.io and access some materials, but to use many features of Hatchbox you must register as a Hatchbox user (“User”) and create an account by selecting login credentials (username and password) and providing us with accurate contact information and other information about yourself.

3. Using Hatchbox. You can use hatcbox.io as a visitor or User to access to learning materials and the tools to build, deploy, and manage Ruby on Rails based applications, purchase subscriptions, communicate with GoRails and others, and post Feedback and User Content. As a User, you may access to certain limited aspects of Hatchbox to build and deploy applications (each a “User Application”) for free or you can subscribe to enhanced access and use of Hatchbox for the fee stated when you signup. Most of Hatchbox require registration and payment of a fee.

4. GoRails Services. GoRails owns all rights, title, and interest in and to the Services, as defined in the GoRails Terms of Use, which includes without limitation the Hatchbox (including without limitation all tools, materials, source code, templates, and other content contained therein) and hatcbox.io (including without limitation all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing therein, and other materials, as well as names, logos, taglines, trade dress, and other trademarks therein).

5. License Grant. If you meet the Eligibility requirements set forth in the GoRails Terms of Use, GoRails hereby grants you, subject to these Terms: (i) if you are a registered User, GoRails hereby grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, worldwide license to use Hatchbox to the extent permitted by your subscription plan and in a manner consistent with its intended use as set forth in these Terms and (ii) a limited, non- exclusive, nontransferable, non-sublicensable, revocable license to access, download, install, and use all other GoRails Services for your own personal, internal business (not to be commercialized) purposes.

For the avoidance of doubt, your license under this section permits you to use Hatchbox to develop your own User Application(s), but the license does not permit you to sublicense Hatchbox or to resell or commercialize the Services. Hatchbox and the Services are licensed to you as specified hereunder, not sold. Except in accordance with this Section 5, GoRails does not grant you any interests in, or ownership of, Hatchbox or hatcbox.io or any other Services, and all rights not expressly granted are reserved by GoRails. Your license grant hereunder shall automatically terminate upon the termination or expiration of these Terms.

6. User Application. As a User, you may use Hatchbox build one or more User Applications pursuant to the terms and conditions of your subscription. You own all right, title and interest in and to your User Application(s), including without limitation all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing therein, and other materials, as well as names, logos, taglines, trade dress, and other trademarks therein. GoRails does not control and is in no way responsible for, and will incur no liability related to, your User Application or any contents, features, functionality, or use thereof. You agree to provide support for your User Application. For the avoidance of doubt, as between GoRails and a User, the User is solely responsible for all (i) licensing or sale of the User Application and (ii) end user activity on the User Application and the outcomes of such use.

You are solely responsible for your User Application. In the event of a security incident related to your User Application but unrelated to the Services or our information systems ("Security Incident"), you are solely responsible for the detection of and response to such Security Incident, you have no obligation to report such Security Incident to GoRails, and you are solely responsible for releasing public comment or statement with respect to such Security Incident.

7. Billing and Payment. If your use of Hatchbox incurs a fee, you are subject to the Billing and Payment provisions of the GoRails Terms of Use. Additionally, GoRails will give no refunds for purchases through Hatchbox. Due to the non-returnable nature of digital products once they are downloaded, purchases are not eligible for a refund. ALL SALES ARE FINAL AND PAID FEES ARE NONREFUNDABLE.

8. User Content. You may have the option upload, post, provide, publish, display, store, comment on, link to, or otherwise make available User Content (as defined in the GoRails Terms of Use) via hatcbox.io or other websites we own or operate. All User Content posted pursuant to these Terms are also subject to Sections 6 through 8 of the GoRails Terms of Use. For clarity, User Content does not include your User Application or any content posted to your User Application by you, your Client, or end users of your User Application.

9. Acceptable Use. Any use of Hatchbox not expressly permitted by these Terms, including without limitation conducting fraudulent or other illegal activities thereon, are prohibited and may subject a User to legal action and/or termination of your access to the Services. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of Hatchbox or other Services, unless expressly authorized by these Terms. You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof or use it in any manner not expressly authorized by these Terms. You may only make copies of Hatchbox as expressly permitted herein or for back-up purposes, provided that you reproduce it in its original form and with all proprietary notices on the back-up copy. The requirements of this section are in addition to Sections 7 and 8 of the GoRails Terms of Use. GoRails reserves the right to suspend or terminate your use of the Services at any time if we believe you have violated these Terms or any other agreement with us, or any of GoRail’s policies or protocols. For clarity, GoRails will never suspend or terminate your, your client’s, or your end user’s access to your User Application.

10. Servers. To use most of Hatchbox you must have your own server. You are solely responsible for your own server and for maintaining the security of your server. GoRails does not guarantee and shall have no liability for any security breaches or data breaches of a User’s servers, even if those servers were initially created and provisioned by GoRails. Users are solely responsible for the preservation of User Applications and all other content and data (collectively, “User Data”) which User saves onto its server. Even with respect to User Data as to which User contracts for backup services provided by GoRails, GoRails shall have no responsibility to preserve User Data. GoRails shall have no liability for any User Data that may be lost in any manner or for any reason. You further agree that GoRails is not responsible for any additional fees charged to your credit card by third-party server providers such as DigitalOcean, Linode, Amazon, or Rackspace. You are solely responsible for any third-party server provider fees that you incur through your use of Hatchbox.

11. Data Security. Your network, operating system, and software of your web servers, databases, and computer systems (collectively “Systems”) must be properly configured to securely use Hatchbox. You shall not architect, design, or select Systems in a manner to avoid these obligations. If you violate our system or network security, you may face civil or criminal liability. If you take any of the above actions or violate these Terms or Section 18 of the GoRails Terms of Use, we reserve the right to cancel your User registration, suspend or terminate your access to or use of the Services, or take legal action. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

12. GoRails Terms of Use. These Hatchbox Terms of use are subject to the terms and conditions set forth in the GoRails Terms of Use in all respects, including without limitation the sections governing Eligibility, Registration, Billing and Payment, Contents and Ownership, Beta Versions, Software Requirements, Communications from GoRails, Third-Party Content, Confidential Information, Void Where Prohibited, Disclaimer of Warranties, Indemnification, Limitation of Liability, Consent to Do Business Electronically, Copyright Policy; DMCA, Dispute Resolution, and General Terms.

13. Amendment. We may amend these Hatchbox Terms from time to time by updating this page as evidenced by revising the “Last Updated” date noted at the top of this posting. Once you accept these Terms, the then-current version shall apply each time you access or use of Hatchbox or hatcbox.io, as applicable.

14. Term and Termination. The term of these Terms starts on the first day you access or use Hatchbox and hatcbox.io or register as a User on Hatchbox, whichever is earliest, and continues until you discontinue all use of Hatchbox and hatcbox.io or until otherwise terminated as provided herein. If you purchase a subscription, unless otherwise stated at the time of subscription the subscription will automatically renew at the conclusion of each subscription term if you do not first cancel or change your subscription. You may terminate these Terms by notifying GoRails in writing at support@gorails.com and ceasing all use of Hatchbox and hatcbox.io. GoRails may terminate your access to all or any part of the GoRails Property at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your User account. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.