Last updated: January 1, 2022
By using Our Website and using the Gigalixir service, You agree to fully comply with and be bound by Our Legal Terms and your use of Gigalixir constitutes acceptance of these terms — if You do not consent to the terms, please contact Gigalixir to have your account canceled and further charges against your credit card stopped. Please review them carefully. If you do not accept Our Legal Terms, do not access and use Our Website. If you have already accessed Our Website and do not accept Our Legal Terms, You should immediately discontinue Use of Our Website.
Human readable summary: You should read this whole document, because it is a contract and You are bound by the whole contract. However, We like having plain language which summarizes some of the important terms:
The terms “Us” or “We” or “Our” refers to Vesper Summit, LLC, the owner of the Website and Gigalixir service.
A “Visitor” is someone who merely browses Our Website, but has not registered as Member.
A “Member” or “You” is an individual that has registered with us to use Our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Gigalixir is a platform as a service for multiple languages and applications. Gigalixir can be accessed through Our website, via direct connection, via online marketplaces, and through such automated means as we may provide to You.
You may not use the service if You are under 13 years of age.
These Terms of Service are available online at https://www.gigalixir.com/terms-of-service.html. We may update them at any time, with no notice to Members. Continuing to use the service after we have updated them constitutes acceptance of the new Terms of Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Vesper Summit, LLC. cancels it. You may cancel your Subscription renewal by contacting the Gigalixir customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Vesper Summit, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Vesper Summit, LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Vesper Summit, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Late payments may result in a late fee of $50 and may bear interest at a rate of 1.5% per month.
There may be a surcharge for anyone wishing to pay quarterly, annual, non-standard monthly, and/or non-electronically.
Vesper Summit, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Vesper Summit, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Accounts on the free tier with no active deployments during the past 365 days may have their database removed at the discretion of Vesper Summit, LLC.
Accounts on the free tier with zero deployments may be removed after 90 days at the discretion of Vesper Summit, LLC.
Certain refund requests for Subscriptions may be considered by Vesper Summit, LLC on a case-by-case basis and granted in sole discretion of Vesper Summit, LLC.
All rights in Gigalixir, Vesper Summit, LLC, the website(s), and related documentation are owned and/or licensed by Vesper Summit, LLC. You are hereby granted a non-exclusive right to make use of the service, and (if appropriate) to interoperate with the service through such mechanisms as We may provide for you to do so, in consideration of Your payment of the monthly service fee. Your license to use the service does not entitle You to ownership of the underlying intellectual property.
You are forbidden from:
Taking any forbidden action with the service immediately terminates your license to use the service.
We may terminate your use of the service at any time, for any reason.
We may deny anyone use of the service at any time, for any reason.
You may cancel Your use of the service at any time, either through the service itself or by sending an email to our Support channel.
Regardless of which party terminates the use of the service, unused time immediately expires, and is not eligible for a refund except as described below.
We offer full refunds on request for up to 10 days past the transaction date. Refunds after that period will be at the sole discretion of Gigalixir.
THE SERVICE IS SOLD “AS IS” AND “WITH ALL FAULTS”. VESPER SUMMIT, LLC MAKES NO WARRANTY THAT IT IS FREE OF DEFECTS OR IS SUITABLE FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL VESPER SUMMIT, LLC BE RESPONSIBLE FOR LOSS OR DAMAGES ARISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SOFTWARE IS IN ACCORDANCE WITH THE LAW OF THEIR JURISDICTION.
Gigalixir makes commercially reasonable attempts to protect the privacy of data You enter into the service. This includes encryption of data in between You and the service, commercially reasonable efforts to secure the machines the service operates on, and legal and technical means to restrict access to data to only persons authorized by You or Gigalixir. We do not warrant that these measures will necessarily satisfy any particular legal requirement in Your jurisdiction. We will not expose data which you enter that is not essential to the operation of the Gigalixir service to other parties with the following exceptions:
Vesper Summit, LLC does not warrant that your access to the service will be uninterrupted. Vesper Summit, LLC does not warrant that communications You initiate or receive via our the service will be delivered or that they will be delivered in a timely manner.
Vesper Summit, LLC will make commercially reasonable efforts to respond to all inquiries within 24 hours. Your use of Gigalixir does not entitle You to support in real time or support via any particular communications channel, including over the telephone, except at Our sole discretion.
Vesper Summit, LLC may offer You the opportunity to purchase a separate Service Level Agreement or Support plan, for an additional fee, as a separate contract.
Our Website may contain our service marks or trademarks as well as those of Our affiliates or other companies, in the form of words, graphics, and logos. Your use of Our Website does not constitute any right or license for You to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by You of any portion of our Website is strictly prohibited. Your use of Our Website does not grant You ownership rights of any kind in Our Website.
Our Website may contain links to third party websites. These links are provided solely as a convenience to You. By linking to these websites, We do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within Our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Vesper Summit, LLC has no control over the legal documents and privacy practices of third party websites; as such, You access any such third party websites at Your own risk.
Our Legal Terms shall be treated as though it were executed and performed in United States and shall be governed by and construed in accordance with the laws of United States without regard to conflict of law principles. In addition, You agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our service or Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content in our service or website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of Our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Vesper Summit, LLC under Our Legal Terms shall survive the termination of Our Legal Terms.
Our website and Gigalixir service is operated by Vesper Summit, LLC on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, Vesper Summit, LLC specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement for Our website and any contracts and services You purchase through it. Vesper Summit, LLC shall not have any liability or responsibility for any errors or omissions in the content of Our website, for contracts or services sold through Our website, for Your action or inaction in connection with Our website or for any damage to Your computer or data or any other damage You may incur in connection with Our website. Your use of our website and any contracts or services are at Your own risk. In no event shall either Vesper Summit, LLC or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of Our website, contracts and services purchased through Our website, the delay or inability to use Our website or otherwise arising in connection with Our website, contracts or related services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. in no event shall Vesper Summit, LLC liability for any damage claim exceed the amount paid by You to Vesper Summit, LLC for the transaction giving rise to such damage claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
Without limiting the foregoing, Vesper Summit, LLC do not represent or warrant that the information on the website is accurate, complete, reliable, useful, timely or current or that Our website will operate without interruption or error.
You agree that all times, You will look to attorneys from whom You purchase services for any claims of any nature, including loss, damage, or warranty. Vesper Summit, LLC and their respective affiliates make no representation or guarantees about any contracts and services offered through Our website.
Vesper Summit, LLC makes no representation that content provided on our website, contracts, or related services are applicable or appropriate for use in all jurisdictions.
You agree to defend, indemnify and hold Vesper Summit, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to Your use of Our Website or any Contracts or Services you purchase through it.