Eventuate, Inc, California Corporation

Eventuate SERVICE TERMS AND CONDITIONS

1. Your Agreement With Eventuate.

Your use of Eventuate Service (“Service”) is subject to these terms and conditions (“Terms”). “Eventuate” and/or “We” and/or “Our” and/or “Us” means Eventuate, Inc, A California corporation, located in Oakland California. Your acceptance of these terms is a precondition to your use of the Service, and your acceptance is demonstrated either by you clicking on the box accepting these terms as part of the registration process or by your use of the Services. We may change these terms at any time, and new terms will be located at http://eventuate.io/termsandconditions.html. You agree that your use of the Service after new terms are posted constitutes your agreement to the new terms whether or not you have chosen to check for and read the new terms.

2. Your Account with Eventuate

When registering with Eventuate for use of the Service you will provide complete and accurate information to Us each time you are called upon to provide information necessary to your account. You will receive a unique Eventuate logon name and password and it is your sole responsibility to protect the security of that information. You will not allow the unauthorized use of your logon information to access the Service, and if you become aware of unauthorized use, you will promptly notify Us at support@eventuate.io (email). You warrant that your use of the Service will comply with all Federal, state, local, and if applicable, international laws, regulations and ordinances and that you will not knowingly use the Service to effect an unlawful purpose. The Service capabilities may only be accessed through the REST and STOMP APIs, and you will not access or attempt to access the Service by any other means.

3. Our Service

Service is in alpha and provides REST and STOMP APIs for saving, querying and subscribing to events.

4. Fees and Costs

Presently, the use of Our Service is without charge. Policies with respect to fees are subject to change. If you are already actively using Our Service at the time charges are imposed, you will be allowed at least 14 continuous calendar days from the time the charges are posted on the site as part of updated terms and conditions to continue to use the Service without charge. Thereafter, if you continue to use the Service your use will be subject to the charges then in place.

5. Prohibited Conduct and Activities

You will not utilize the Service yourself to engage in or facilitate others to engage in the following prohibited conduct or activities

(A) Generate or facilitate unsolicited commercial email (“spam”), including, but is not limited to: sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; data mining any web property to find email addresses or other user account information; sending unauthorized mail via open, third-party servers; sending emails to users who have requested to be removed from a mailing list; selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

(B) Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.

(C) Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

(D) Conduct or forward pyramid schemes and the like or transmit content that may be harmful to minors;

(E) Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;

(F) Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;

(G) Use Our Service to violate the legal rights (such as rights of privacy and publicity) of others or promote or encourage illegal activity;

(H) Use Our Service to interfere with other users’ enjoyment of the Service;

(I) Sell, trade, resell or otherwise exploit Service for any unauthorized commercial purpose;

(J) Modify, adapt, translate, or reverse engineer any portion of Our Service;

(K) Remove any copyright, trademark or other proprietary rights notices on Our Service or reformat or frame any portion of the web pages that are part of the user interface;

(L) Use Our Service in connection with illegal peer-to-peer file sharing;

6. Obligations of Clients And Eventuate Rights

(A) Eventuate reserves the right to terminate your account and or disable any application which violates this Agreement.

(B) Eventuate reserves the right to rate limit your usage of the Service

(C) You agree that you are solely responsible for (and that We have no responsibility to you or to any third party for) any application that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which We may suffer) by doing so.

(D) You agree that We have no responsibility or liability for the deletion or failure to store any data or content and other communications maintained or transmitted through use of Our Service. You further acknowledge that you are solely responsible for securing and backing up your application and any content or data.

7. Intellectual Property Rights

(A) You acknowledge and agree that We own legal right, title and interest in and to Our Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

(B) We claim no ownership or control over your application. You retain copyright and any other rights you already hold in your application (as well as you content and data) , and you are responsible for protecting those rights, as appropriate.

8. Eventuate License and Restrictions

(A) We provide you with REST and STOMP APIs for saving, querying and subscribing to events. This is for the sole purpose of enabling you to use and enjoy the benefit of Our Service, in the manner permitted by the Terms.

(B) You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, recompile or otherwise attempt to extract the source code of the Our Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Us, in writing; (b) attempt to disable or circumvent any security mechanisms used by Our Service or any application; (c) use Our Service to create an application that performs a malicious activity, including but not limited to spamming users, harvesting user names and passwords, performing unauthorized scans of machines or ports or creating DoS attacks; or (d) upload or otherwise process any malicious content to or through Our Service.

(C) You may not assign (or grant a sub-license of) your rights to use the Our Service, grant a security interest in or over your rights to use it, or otherwise transfer any part of your rights to use it.

9. Modification and Termination of Service

(A) You acknowledge and agree that the form and nature of Our Service may change from time to time without prior notice to you.

(B). You may discontinue your use of Our Service at any time. We may, at any time, terminate your use of Our Service if (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms) or (B) If we are required to do so by law (for example, where the provision of Our Service to you is, or becomes, unlawful). Further, we may terminate your use of Our Service for any reason with thirty (30) days prior notice as provided in Section 14(B) of these Terms.

Upon any termination of the Service, these Terms will also terminate, but Sections 10,11,13 and 14 shall continue to be effective after these Terms are terminated.

10. Warranties and Limitations on Liability

(A) YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK AND OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

(B) WE MAKES NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.

(C) WE ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS.

11. Your Indemnification of Eventuate

(A) You agree to hold harmless and indemnify Eventuate, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your content or your application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

12. Privacy Policy

(A) We collect and retain and use information you provide to set up your account, to operate the Service. Eventuate will not provide this information to third parties, except as necessary to enforce the Terms, and to operate Our Service. If you do not agree with Our Privacy Policy you may cancel our service at any time.

13. Personal Liability

(A) If you are a corporation or a limited liability company the shareholders (in the case of a corporation or the members (in the case of an LLC)) shall be jointly and severally liable with you for your obligations herein.

14. Additional Terms

(A) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the assigns, successors in interest, personal representatives, designated beneficiaries and heirs of the respective parties to it.

(B) Notice. You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. Any notice required or permitted under this Agreement shall be deemed served two days after posting on the Service, or on receipt if email or of first class mail personally delivered two days (excluding Sundays and national holidays) after deposit with the United States Postal Service, and if mailed by first class mail, postage prepaid, and if properly addressed to the respective parties to the address designated by parties, and in your case, the address provided when setting up your account.

NOTICES TO Eventuate: Chris Richardson, President Eventuate, Inc 180 Rishell Drive, Oakland, CA 94619

Email: Chris@Eventuate.io

NOTICES TO You To the email address provided when establishing your account.

(C) Governing Law and Venue. This Agreement shall be construed pursuant to the laws of the State of California, and the exclusive jurisdiction and venue for any legal action shall be in Alameda County, California.

(D) Severability. It is intended that each provision of this Agreement be viewed as separate and divisible. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

(E) Sole Agreement. This Agreement and the exhibit attached hereto constitute the sole and only agreement of the parties hereto respecting the subject matter herein, and correctly set forth the rights, duties and obligations of each to the other in relation thereto as of its date. There are no promises, negotiations, conditions, understandings or representations, either oral or written, between the parties concerning its subject matter other than as expressly set forth in this Agreement.

(F) Amendment. This Agreement may be amended or modified only in writing containing the signatures of all parties.


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