Terms of Service

Effective date: 14 DEC 2021

ARTICLE I. INTRODUCTION

Welcome to Release Technologies, Inc. ("Release Technologies" or "we" or "us")!

By accessing or using our website at www.release.com (the "Site") you agree to these Terms of Service ("ToS") which are a legally binding agreement between you and Release Technologies regarding your access and use of our Site, Product and Services. If you do not wish to accept these ToS then do not access or use the Site, Product or Services. The Site is intended for access and use by individuals age 18 or older. If you are not at least 18 years old you are prohibited from accessing or using the Site.

Article II of these ToS describes the terms that apply to all visitors to our Site.

Article III of these ToS describes the terms that apply to our customers who license a free version or a paid version of our Product and Services which are accessed through the Site.

ARTICLE II. TERMS AND CONDITIONS FOR SITE VISITORS

1. Site Purpose; Age

The Site provides certain information about us and about our products and services and provides you with opportunities to contact us.

2. Marketing Communications

If you submit your email address to the Site to create a beta account on the Site then you agree to subscribe to newsletters, marketing and promotional materials we may send you. However, you may opt out of receiving these communications from us in the future by following the unsubscribe link in any communication or by emailing us at support@release.com. We describe this further in our Privacy Policy.

3. Credit Card Automatic Renewals

When you visit the Site you may choose to subscribe to a free subscription or subscribe to a paid monthly or annual subscription to our Services. If you subscribe for a subscription which is paid via your credit card, or in the case of a trial subscription which may become paid via your credit card, then you must submit your credit card and you agree to an initial and recurring subscription fee (in the case of a trial subscription, beginning when the trial period ends). Such charges will be made in advance, either monthly or annually, and you accept responsibility for all recurring charges until you cancel your subscription. By subscribing for any paid subscription (including a paid subscription automatically entered into at the end of free trial period) and providing us with your credit card information, you authorize us to charge your credit card for all Services licensed by you, including for any renewal term, until such time as you cancel your subscription.

AUTOMATIC RENEWAL AND CANCELLATION TERMS: Subscription fees are non-refundable. You may cancel your monthly or annual subscription renewal at any time after you are billed for the then-current month or year (as applicable) and before you are billed for the next month or year (as applicable), by notifying us in writing at support@release.com or, to the extent the functionality is available, by logging into your account and following the cancellation procedures.

4. Site Ownership; Proprietary Rights

The Site is owned and operated by Release Technologies. The look and feel of the Site, the visual interfaces, custom fonts, graphics, designs and button designs, the compilation, information, data, computer code, and all other elements of the Site and Services (collectively, "Materials") provided by Release Technologies are protected by intellectual property and other laws. All Materials associated with the Site are the property of Release Technologies or our third-party licensors. You are authorized to view the Materials on the Site in accordance with these ToS; but you may not make any other use of the Materials without the prior express written permission of Release Technologies. For example, you may not copy or distribute the Materials, or prepare derivative works based on the Materials, without our written consent in advance.

5. Privacy Policy

Please read the Release Technologies Privacy Policy for information relating to our collection, use, storage and disclosure of information we collect about you. The Release Technologies Privacy Policy is incorporated by reference into, and made part of, these ToS. Release Technologies will post notices of updates to the Privacy Policy on the Site.

6. Prohibited Conduct

YOU AGREE NOT TO:

6.1 use the Site for any illegal purpose or in violation of any local, state, national, or international law;

6.2 interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;

6.3 interfere with the operation of the Site or any visitor's enjoyment of the Site, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Site;

6.4 use any means of automated data collection ("scraping") or indexing ("crawling"), including by use of data mining tools, scripts, repeated data requests, automated systems ("robots"), or any other method to collect, copy, or aggregate information hosted on the Site; or

6.5 attempt to do any of the acts described in this Article II, Section 6, or assist, encourage, request, or permit any person to engage in any of the acts described in this Article II, Section 6.

7. Linked Websites

The Site may contain links to third-party websites such as social media websites. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

8. Modification of the Site

We reserve the right to modify or discontinue the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or termination of your access to or use of the Site.

9. Modification of Article II of these ToS

We reserve the right, at our discretion, to change this Article II on a going-forward basis at any time. Please check these ToS periodically for changes. We will post notices of changes on the Site.

10. Site Feedback

If you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Site ("Site Feedback"), then you hereby grant Release Technologies an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Site Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

11. No Site Warranty

11.1 THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. RELEASE TECHNOLOGIES DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. RELEASE TECHNOLOGIES DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

11.2 No advice or information, whether oral or written, obtained by you from the Site or Release Technologies or any Materials available through the Site will create any warranty regarding Release Technologies or the Site that is not expressly stated in these ToS. You assume all risk for any damage that may result from your use of or access to the Site and any Materials available through the Site. You understand and agree that you use the Site and use, access, download, or otherwise obtain Materials through the Site and any associated sites or services at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Site), or the loss of data that results from the use of the Site or the download or use of such Materials.

12. Limitation of Liability

IN NO EVENT WILL RELEASE TECHNOLOGIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RELEASE TECHNOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

ARTICLE III. TERMS AND CONDITIONS FOR CUSTOMERS

1. Product and Services

Release Technologies provides a software-as-a-service platform (the "Product") and related services (the "Services") that enable customers to create and manage ephemeral environments for their software development and testing needs. The Product and Services are accessed through the Site.

2. License Grant

Subject to your compliance with these ToS, Release Technologies grants you a limited, non-exclusive, non-transferable license to access and use the Product and Services for your internal business purposes during the term of your subscription.

3. Usage Restrictions

You agree not to:

Use the Product or Services for any unlawful purpose
Attempt to gain unauthorized access to the Product or Services
Copy, modify, or create derivative works of the Product or Services
Reverse engineer, decompile, or disassemble the Product
Remove or alter any proprietary notices on the Product or Services

4. Customer Data

You retain all rights to any data, content, or materials that you upload to or process through the Product ("Customer Data"). You grant Release Technologies a license to host, copy, transmit, and display Customer Data as necessary to provide the Product and Services.

5. Security

Release Technologies implements reasonable security measures to protect Customer Data. However, you acknowledge that no security measures are perfect and that Release Technologies cannot guarantee the security of Customer Data.

6. Support

Release Technologies will provide reasonable technical support for the Product and Services in accordance with our standard support policies.

7. Fees and Payment

You agree to pay all fees specified in your subscription plan. All fees are non-refundable except as required by law or as explicitly stated in these ToS.

8. Term and Termination

Your subscription will continue until terminated by either party. Either party may terminate these ToS upon 30 days written notice. Upon termination, you will immediately cease all use of the Product and Services.

ARTICLE IV. GENERAL TERMS

1. Governing Law

These ToS are governed by the laws of the State of California without regard to conflict of law principles.

2. Dispute Resolution

Any dispute arising from these ToS will be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association.

3. Entire Agreement

These ToS constitute the entire agreement between you and Release Technologies regarding the use of the Site, Product, and Services.

4. Contact Information

For questions about these ToS, please contact us at:

Release Technologies, Inc.
support@release.com