Terms of Use

This is an agreement between you or the entity that you represent (hereinafter “you” or “your”) and CodeFire Technologies Private Limited (hereinafter “CodeFire”) governing your use of G8keeper service (hereinafter “G8keeper”).

Service Description

CodeFire offers G8keeper Service as both free and paid service. The Service enables you to monitor websites, applications, servers, etc. You agree to obtain prior verifiable permission from the owners of such resources that are being monitored using the Service.

Subscription to G8keeper Service

You may subscribe to G8keeper Service by completing the registration process at the G8keeper website. CodeFire reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that CodeFire shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.

In consideration of your use of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if CodeFire has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, CodeFire has the right to terminate your Account and refuse current or future use the Service.

Free Trial

If you register for a free trial of the Service, CodeFire will make the Service available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the Service (unless terminated earlier by you), (ii) the start date of the paid subscription period for the Service, or (iii) termination by CodeFire in its sole discretion. We reserve the right to terminate your trail account unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. In the event of such termination, any data that you enter into the Service, and any customizations made to the Service during the free trial will be permanently lost. Notwithstanding anything contained in this Section, Service is offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.

Personal Information and Privacy

Personal information you provide to CodeFire through the Service is governed by G8Keeper Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the G8Keeper Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify CodeFire immediately of any unauthorized Account use at [email protected]. CodeFire is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.

Publicity

CodeFire reserves the right to publish your name and logo in the customer list on our website, press releases, advertisements, brochures and other promotional materials. You should email [email protected] if you do not wish to permit CodeFire to publish your name in the manner mentioned above.

Communications from CodeFire/G8Keeper

The Service may include certain communications from CodeFire, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services and that you will not be able to opt out of receiving them. Further, CodeFire reserves the right to send electronic mail to you, informing you of changes or additions to the Terms of Service.

Fees and Payments

When you subscribe to G8Keeper’s paid Account, you agree to pay for the G8Keeper Service in accordance with G8Keeper’s price schedule. Subscriptions will automatically renew, unless you cancel your subscription. You agree to notify G8Keeper of any changes to your credit card account number and/or its expiration date.

In the event any tax such as GST, VAT, sales tax or the like is chargeable by CodeFire in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services (“Taxes”), CodeFire will invoice you for such Taxes. You agree to pay CodeFire such Taxes in addition to the subscription fees.

Restrictions on use

In addition to all other terms and conditions of this Agreement, you shall not:

• transfer or otherwise make available to any third party the services;
• provide any service based on the services without any prior written permission;
• use the third party links to sites without agreeing to their website terms & conditions;
• post any third party link sites including their logo, company name, etc. without their prior written permission; or
• use the for illegal purposes;
• allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user;
• except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Service;
• attempt to gain unauthorized access to the Service or its related systems or network;
• use the Service to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs;
• use the Service in any manner that interferes with or disrupts the integrity, security or performance of the Service, its components and the data contained therein;
• host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity;
• use the Service for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• violate any applicable local, state, national or international law;
• use the Service for any form of competitive or benchmarking purposes; and
• remove or obscure any proprietary or other notices contained in the Service.

Hosting Location

At present G8Keeper only supports US based cloud facility to store all the data. If, at any time, G8Keeper supports any additional cloud facility, based on your request, G8Keeper may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country.

Accessing Third Party Applications Integrated with G8Keeper

Many third party applications (hereinafter “Third Party Application(s)”) are integrated with G8Keeper. CodeFire will also be integrating more Third Party Applications with G8Keeper. Access and use of Third Party Applications may require acceptance of terms of service and privacy policy applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application.

Trademarks

CodeFire, CodeFire logo, G8Keeper and G8Keeper logo are trademarks of CodeFire Technologies Private Limited. You agree not to display or use, in any manner, the CodeFire trademarks, without CodeFire’s prior permission.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. CODEFIRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CODEFIRE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CODEFIRE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEFIRE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CODEFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL CODEFIRE’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED FIVE HUNDRED DOLLARS ($500) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER. DO NOT USE THE SERVICE IN CASE YOUR STATE DOES NOT PERMIT SUCH EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

Indemnification

You agree to indemnify and hold harmless CodeFire, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party’s rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Service.

Termination

You agree that CodeFire may terminate your Account and access to the Service for reasons including, but not be limited to, breaches or violations of these Terms of Service or the G8Keeper Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your CodeFire Account includes termination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Account as permitted or required by law.

Usage Limits for G8Keeper

CodeFire may prescribe usage limits based on the subscription plan chosen by You. You must make sure that Your usage is within the usage limits prescribed by CodeFire in order to avail uninterrupted service. You understand that CodeFire may restrict an activity if You reach the usage limit corresponding to such activity.

Modification of Terms of Services

CodeFire may modify these Terms of Service upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the web page. In the event CodeFire modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.

Governing Law and Jurisdiction

The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement shall be governed, interpreted and construed in accordance with the laws of India and subject to exclusive jurisdiction of courts of Noida, India.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at [email protected]