The mergedroid Terms of Service

Thank you for using mergedroid. Please read this Terms of Service agreement carefully before using mergedroid (the "Service"). Because it is an important contract between us and YOU as Licensee, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

We are CÓDICE SOFTWARE, SL, ("Códice") the internet services and associated software products provider, a company located in Parque Tecnológico de Boecillo, Edificio Centro, Of 103, 47151 Boecillo, Valladolid – Spain and available at https://gmaster.io

This Terms of Service of "mergedroid" is a legal agreement ("Agreement") between YOU as "Licensee" and CÓDICE SOFTWARE, SL, the "Licenser", for the use of Service ("Service"), and associated Software Products as defined below, and all other operating rules, policies (including Codice Privacy policy, available at the Website). Most of our site policies are available at gmaster.io. By installing, copying, or otherwise using the Service or Software Product ("Product") associated with it, YOU agree to be bound by the terms and conditions contained in this Agreement. If YOU do not agree to all terms and conditions contained in this agreement, you may not install or use the Service. Also, if you do not agree to all of these terms and conditions, then you must cancel the Service or Product License from which you obtained it by any return policies of such place of business. Return policies may vary between or among resellers, and you must comply with your particular reseller's return policies as agreed at the point of purchase.

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. We found it useful to compile them and establish a common ground.

  1. "Licenser". "We", "Us" or "Códice" refer to CÓDICE SOFTWARE, SL, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  2. "Licensee", "The User", "You" and "Your" refer to the individual person, company, or the organization that has visited or is using the Website or Service, on whose behalf YOU are taking the agreement; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions.
  3. "SERVICE," "SOFTWARE PRODUCTS" or "SOFTWARE", "PRODUCTS" or "APPLICATIONS" shall mean "mergedroid" and any additional modules, add-ons or products delivered by Códice Software. The term "SERVICE" includes, to the extent provided by CÓDICE SOFTWARE, SL: 1) any revisions, updates and/or upgrades thereto; 2) any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products; 3) anything in any form whatsoever intended to be used with or in conjunction with the Service; and 4) any associated media, documentation (including physical, electronic and on-line) and printed materials (the "Documentation").
  4. The "Website" refers to Códice Software website located at https://gmaster.io, and all content, services, and products provided by Códice Software at or through the Website. It also refers to Códice-owned domains such as codicesoftware.com, plasticscm.com or semanticmerge.com. Occasionally, websites owned by Códice Software may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
  5. "Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
  6. An "Account" represents your legal relationship with Códice. A "User Account" represents an individual User's authorization to log in to and use the Service and serves through a User's identity service on GitHub. "Organizations" are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
  7. "Trial of mergedroid" shall mean the edition of the Service, which is available free of charge for evaluation purposes for 14 days.
  8. "RELEASE" refers to any version of the Service or any other material which has been commercialised by CÓDICE during or after delivering a Service, including any kind of software supplied with the aim of improving either functions or performance of the Service, increasing its capacity or improving the Service usage, with the aim of mending possible bugs in the Service logic, together with its documentation.
  9. "DOCUMENTATION" refers to the User's or Administration Manuals as well as any other material given by CÓDICE to, with the Service.
  10. "LICENSE FILE" refers to an ASCII file containing a set of license codified characters which allow the SOFTWARE to run with a specific configuration.
  11. "DELIVERY DATE" refers to the date in which CÓDICE transfers or allows the transfer of the License File for the SOFTWARE to the Customer's site, either by email, by file transfer on the net, or through a licensing web service.
  12. "EFFECT DATE" refers to the date in which both parties sign this Agreement.
  13. "LICENSE PRICE" refers to the total amount required to be paid for the Service or Products license specified on this agreement.
  14. "SUBSCRIPTION PRICE" refers to the periodic amount required to be paid for the Service license or the Products specified on this agreement.
  15. "TECHNICAL SUPPORT" refers to the Maintenance and Technical Support services provided with the Service.
  16. "BY USER" describes the Service License method, which restricts the Service that the License applies to be used by a specified maximum number of users, whether its usage is multitasked.
  17. "PLATFORM" refers to the combination of a particular kind of computer and a particular Operating System or its version.
  18. "INITIAL TERM" is (1) one month or a year from the Delivery Date, depending on the service or licensing contract.

B. Purpose of the Agreement

Short version: the agreement establishes the terms of use of the SERVICE or SOFTWARE PRODUCTS service by YOU.

The LICENSER grants YOU a non-exclusive, non-transferable, perpetual, subscription or trial license to use the SERVICE OR SOFTWARE PRODUCTS listed therein and under the terms thereof.

By virtue of accepting these Terms of Use, YOU do not acquire any ownership of copyright or other intellectual property rights in any part of the SERVICE OR SOFTWARE PRODUCTS. YOU are only entitled to use the SERVICE OR SOFTWARE PRODUCTS in accordance with the terms and conditions set forth in these Terms of Use.

By using the SERVICE OR SOFTWARE PRODUCTS, YOU agree to accept the terms and conditions established in this Terms of Use.

Upon payment of the services or license fees, the LICENSEE will activate the service for YOU or well send details on where to download the registered edition of the SOFTWARE PRODUCTS and will be provided by email with the suitable permanent or temporary software "key" depending on the commercial agreement reached with THE LICENSEE'. Alternatively, in some editions, the license will be activated by a web service and communicated to the YOU through email or the web license portal available.

C. Account Terms

Short version: User Accounts and Organizations have different administrative controls provided by GitHub; a human must create your Account; you must be 13 or over; you must provide a valid email address, and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls

  • Users. Subject to GitHub's Terms of Service you retain ultimate administrative control over your User Account and the Content within it.
  • Organizations. The "owner" of an Organization that is using the service or software products under these Terms has ultimate administrative control over the service. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

2. Required Information

You must provide a registered GitHub's email address to complete the signup process. Any other information requested at GitHub sign-up process, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid service, in which case additional information will be necessary for billing purposes.

3. Account Requirements

  • You must be a human to create an Account and use the Service or Software Products. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
  • A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users cannot direct the actions of a machine account. The owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account.
  • One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
  • You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. Códice does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate the Service immediately. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service. GitHub offers tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.

  • You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
  • You are responsible for maintaining the security of your Account and password. Códice or GitHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You will promptly notify Códice and GitHub if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

D. Access to Private Repositories

Short version: You may enable the service to access to private repositories to perform its function. We treat the content of private repositories as confidential, mergedroid access them to provide the service, or we do for support reasons, with your consent.

You may enable the service or products that require additional rights to Your Content in private repositories.

Códice employees may only access the content of your private repositories in the following situations:

  • With your consent and knowledge, for support reasons. If Códice accesses a private repository for support reasons, we will only do so with the owner's consent and knowledge.
  • When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability, and resilience of Códice's systems and Service.

1. License Grant to us

We need the legal right to do things like temporarily clone your repositories, parse its content with the propose to run a merge operation or report to you found differences. You grant us and our legal successors the right to store, parse, and diff Your Content, and make incidental copies as necessary to provide the Service.

This license does not grant Códice the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

E. Service and Products Ownership

Short version: We own the service and all of our content. For you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

  • Any rights on the Service or Products, partial or full copies thereof, as well as any related documents provided by Códice, are and shall always be the exclusive property of the Códice.
  • You agree not to sell, resale, lease, sublease or reproduce, copy, or transfer in any way, whether totally or partially, the Service or Products herein.
  • Códice shall remain the sole proprietor of the ownership, royalties and all copyrights and patent rights on the Service and Products. The SERVICE AND SOFTWARE PRODUCTS are protected by copyrights as well as by the applicable International Copyright Laws and Treaties.
  • No right whatsoever concerning the usage, modification, license or any other type of exploitation of any of the brands, trade names, logos, websites, domain names, or any other Patent Rights which may be the property of Códice are hereby granted.
  • Specifically, you are not licensed nor authorized to develop the Service or Products or to create new versions of the same. Updates and upgrades to the Service or Software may be provided by Códice from time-to-time upon the terms and conditions offered at each time. Códice may provide updates and upgrades to the Service or Products for free or for any charge and through its chosen manner of access and distribution, all in Códice's sole discretion.

F. Maintenance and Support Services

Short version: you are entitled to received maintenance and support through email as long as you have your subscription of the service or products active, and paid accurately.

While you maintain the Service Subscription active, Maintenance and Support Service (also referred to as the "M&S Service") for the Service or SOFTWARE PRODUCTS included in the subscription, the terms, and conditions stipulated in this section shall be applicable:

1. General Conditions for the Provision of Maintenance and Support Services.

The Maintenance and Support Service is included with the subscription of the service while is maintained and paid accurately.

If the service or service plan is suspended or canceled, so the M&S services on the release or service.

2. The products maintenance and support services shall include the following:

mergedroid Customer Service: E-mail support with our commitment to reply within 48 hours, except in those cases where queries are placed during public holidays or when the Customer Services Centre is closed. Queries shall be sent by E-mail to the following email address: support@codicesoftware.com

Customer services shall only be provided in two languages, English and Spanish; both parties agree to and declare themselves to be satisfied by this arrangement.

When Licensee is using first level support from an authorized LICENSER Partner, all requests and inquiries will be sent to that company only.

Those using Customer Services shall provide the following information when making queries:

  • Full information of the contact person (name and surname, department, E-mail, and telephone number).
  • Service or product type.
  • A clear and specific description of the problem or query.
  • Customer Service shall only assist with queries regarding the set-up, configuration, faults, or problems concerning the mergedroid or associated products.

The services provided by the LICENSER or the authorized LICENSER Partner through courses and consultancy are explicitly excluded from the Service.

Customer Services shall not assist either in the installation or usage of external products such as those included, but not limited, in the list below:

  • Operating System.
  • Any other product or tool, which may be integrated within the mergedroid or related Software Products.

The LICENSEE shall be provided, at no extra cost, with the necessary code modifications to correct the main Service or Product faults, so that said Service or Products work according to the relevant operating specifications for their most recent version. At a later stage, he will be provided with code modifications to solve less important problems in the next version of the Service or Product.

The necessary Service or Product updates for it to be executed on new versions of operating systems or other software systems required to operate with the designed Services or Products shall be provided as long as it is technically and financially viable at the LICENSER discretion and in good faith.

3. The service will not include:

  • The correction of mistakes that may be attributed to a manipulation of the program by personnel not authorized by the LICENSER, or the necessary tasks to restore the previous situation derived from incorrect operations by the client, causing losses, destruction, and disruption of Programs or/and data.
  • The Service or Product adaptation to the specific circumstances of each LICENSEE.
  • The correction of anomalies exclusively attributed to the hardware used, the shortcomings in the work environment conditions, together with cuts-off or problems in the electricity supply and which, therefore, have no relation with the Service or Product.
  • The repair of the damages caused by computer viruses or faults in other Services or Programmes not related to this contract.
  • Travel expenses accumulated by the maintenance service.

G. Payment

Short version: You are responsible for any fees associated with your use of mergedroid. GitHub will bill the service on Códice's behalf. We are responsible for communicating those fees to you clearly and accurately and letting you know well in advance if those prices or service terms change.

Our pricing and payment terms are available at github.com/marketplace/mergedroid. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

1. Upgrades, Downgrades, and Changes

  • GitHub will immediately bill you when you upgrade from the free plan to any paying plan.
  • If you change from a monthly billing plan to a yearly billing plan, GitHub will bill you for a full year at the next monthly billing date.
  • If you upgrade to a higher level of service, GitHub will bill you for the upgraded plan immediately.
  • You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account.

2. Billing Schedule; No Refunds

  • For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period.
  • In order to treat everyone equally, no exceptions will be made.

3. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for GitHub.

4. No Abuse or Overuse of Pull Requests

Our plans and prices are available at github.com/marketplace/mergedroid, however abuse or excessively number of merges on pull-request or number of pull requests may result in the temporary or permanent suspension of your Service. Códice, in our sole discretion, will determine abuse or excessive usage of Service. We will make a reasonable attempt to warn you via email prior to suspension.

Codice may offer a subscription upgrade to those Users who require a high-throughput of merges and pull-requests.

H. Cancellation and Termination

Short version: You may cancel your subscription to the service at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your subscription to the mergedroid service Códice at GitHub Marketplace. The Service Marketplace screen provides a simple; no questions asked cancellation link. We are not able to cancel the Service in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements. The service retains Content of your repositories while is performing the function and is deleted as it finishes. Therefore, upon cancellation or termination, there is no repository content to be deleted.

I. Communications with Códice

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Códice Must Be in Writing

Communications made through email or Códice Support's messaging system will not constitute legal notice to Códice or any of its officers, employees, agents or representatives in any situation where notice to Códice is required by contract or any law or regulation. Legal notice to Códice must be in writing to Códice Software SL, Parque Tecnológico de Boecillo, Ed Centro 103, 47151 Boecillo, Valladolid, Spain.

3. No Phone Support

Códice only offers support via email, in-Service communications, or electronic messages. We do not offer telephone support.

J. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Códice provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

Códice does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

K. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

L. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Códice from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Códice (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Códice of all liability); and (3) provides to you all reasonable assistance, at your expense.

M. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So, while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

N. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Códice and any access to or use of the Website or the Service are governed by the laws of Spain, European Union, without regard to conflict of law provisions. You and Códice agree to submit to the exclusive jurisdiction and venue of the courts located in Valladolid, Spain.

2. Non-Assignability

Códice may assign or delegate these Terms of Service and/or the Códice Software Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.1. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you are void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Códice to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Códice, or by the posting by Códice of a revised version in accordance with Section M. Changes to These Terms. These Terms of Service, together with the Códice Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Códice relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

O. Questions

Questions about the Terms of Service? Contact us .