Subscribing an instance
In order to use the Service, you must subscribe an Amazon EC2 at Amazon Martplace. You must have the authority to bind yourself to these Terms. If you are registering for an account on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity, its affiliates, and all users who access our Services through such account to these Terms, in which case the terms “you”, “your” and “user” shall refer to such entity, its affiliates, and users associated with it.
By using Gaio, you give us permission to use your company’s name and/or logo on our website and other marketing materials identifying you as one of our users. No endorsement or affiliation is implied and your trademarks and copyrights remain your property.
No support and paid Support
No support: Gaio can be installed freely using the Amazon Martplace with no support included.
Paid support: We offer paid support on a month-to-month or yearly rate basis. These plans will be listed on Gaio’s Pricing page and are subject to change at any time.
All information, data, text, messages, apps, dashboards or other materials, uploaded, posted or transmitted to the Service by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Gaio, are entirely responsible for all such material uploaded, posted, transmitted or otherwise made available by using the Service. Gaio does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Gaio be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on Use of the Service
In using the Gaio Service you must not:
1. copy any software content unless expressly permitted to do so herein;
2. upload, post, email, transmit or otherwise make available any material that:
1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
2. You do not have a right to make available under any law or under a contractual relationship;
3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
6. contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
3. impersonate any person or entity or misrepresent their affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
5. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
6. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
7. collect or store personal data about other users or viewers;
8. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Gaio Services; or
1. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Gaio Services or any software provided as part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content
End User License
Except for User Content and its data (database and repositories data), the Website, Services, and the information and materials contained therein, are the property of Gaio and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Gaio grants you a non-transferable, non-exclusive, license to (a) use the Website and the Services (the “License”). Nothing in the Terms gives you a right to use the Gaio names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website and/or the Services.
If you provide Gaio with any suggestions, comments or other feedback relating to any aspect of the Website, and/or Services (“Feedback”), Gaio may use such Feedback in the Website, Services or in any other Gaio products or services (collectively, “Gaio Offerings”). Accordingly, you agree that: (a) Gaio is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Gaio, (c) Gaio (including all of its successors and assigns and any successors and assigns of any of the Gaio Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Gaio Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Gaio or any other person in respect of the Feedback.
We use commercially reasonable efforts to make the Gaio prepared to be available on a 24×7 basis (twenty-four hours per day, seven days per week) on an instance, but any issues related to the hardware and Amazon itself will not be responsibility of Gaio.
Gaio will terminate automatically when an Amazon instance is terminated, unless renewed by the user
DISCLAIMER OF REPRESENTATIONS
THE WEBSITE, SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” GAIO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. GAIO DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND GAIO SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. GAIO WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GAIO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF GAIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SHALL INDEMNIFY AND HOLD GAIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS.
Changes to these Terms
If we make material changes to our Terms of Service, we will notify you by email or by posting a notice on our site or blog. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://gaio.com/terms
Last updated: August 5, 2017