1.1 Your use of the Octobas Parse Baas is governed by this agreement (the "Terms"). "Octobas" means the Parse BaaS product of Octobas.com (the website) and its subsidiaries or affiliates involved in providing this Parse Baas. The "Octobas Parse Baas" means the services Octobas makes available through this website, including this website, the AWS and mlab cloud computing platform(s), the Parse API, the Parse Add-ons, and any other software or services offered by Octobas.com in connection to any of those.
1.2 In order to use the Octobas Parse Baas, you must first agree to the Terms. You can agree to the Terms by actually using the Octobas Parse Baas. You understand and agree that Octobas will treat your use of the Octobas Parse Baas as acceptance of the Terms from that point onwards.
1.3 You may not use the Octobas Parse Baas if you are a person barred from receiving the Octobas Parse Baas under the laws of Australia or other countries, including the country in which you are resident or from which you use the Octobas Parse Baas. You affirm that you are over the age of 13, as the Octobas Parse Baas may not be used by children under 13.
1.4 You agree your purchases of Octobas Parse Baas are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Octobas or any of its affiliates regarding future functionality or features.
2.1 You must provide accurate and complete registration information any time you register to use the Octobas Parse Baas. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
2.2 Your use of the Octobas Parse Baas must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Octobas Parse Baas by any means other than through the interface that is provided by Octobas in connection with the Octobas Parse Baas, unless you have been specifically allowed to do so in a separate agreement with Octobas, or (b) engage in any activity that interferes with or disrupts the Octobas Parse Baas (or the servers and networks which are connected to the Service).
2.4 You may use the Octobas Parse Baas only to develop and run applications on the Parse infrastructure. You may not access the Octobas Parse Baas for the purpose of bringing an intellectual property infringement claim against Octobas or for the purpose of creating a product or service competitive with the Octobas Parse Baas.
3.1 You agree to comply with the Octobas Acceptable Use Policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
3.3 You agree that you will protect the privacy and legal rights of the End Users of your application. You must obtain any consents required by applicable data protection laws and provide legally adequate privacy notice, access, and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the End Users aware that the information will be available to your application and to Octobas.
4.1 Subject to the Terms, the Octobas Parse Baas are provided to you with a base charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found on our homepage (or such URL as Octobas may provide).
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Octobas fees and payment policies, if different. Late payments may bear a late payment fee of 2% per payment (or the highest rate permitted by Australian law, if less). Charges are inclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Octobas incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Octobas' measurements of your use of the Octobas Parse Baas, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Octobas and only in the form of credit for the Octobas Parse Baas. Nothing in these Terms obligates Octobas to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Octobas may be shared by Octobas with companies who work on Octobas' behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Octobas and servicing your account. Octobas may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Octobas shall not be liable for any use or disclosure of such information by such third parties. Octobas reserves the right to discontinue the provision of the Octobas Parse Baas to you for any late payments.
4.3 Octobas may change its fees and payment policies for the Octobas Parse Baas by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Octobas may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Octobas Parse Baas are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude any application that you create using the Octobas Parse Baas and any source code written by you to be used with the Octobas Parse Baas (collectively, "Applications").
5.2 Octobas reserves the right (but shall have no obligation) to remove any or all Content from the Octobas Parse Baas. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Octobas. In the event that you elect not to comply with a request from Octobas to take down certain Content, Octobas reserves the right to directly take down such Content or to disable Applications.
5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. Octobas reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 You agree that you are solely responsible for (and that Octobas has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Octobas Parse Baas and for the consequences of your actions (including any loss or damage which Octobas may suffer) by doing so.
5.5 You agree that Octobas has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6.1 You acknowledge and agree that Octobas (or Octobas' licensors) own all legal right, title and interest in and to the Octobas Parse Baas, including any intellectual property rights which subsist in the Octobas Parse Baas (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, Octobas acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Octobas Parse Baas, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Octobas, you agree that you are responsible for protecting and enforcing those rights and that Octobas has no obligation to do so on your behalf.
7.1 Octobas grants you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Octobas as part of the Octobas Parse Baas as provided to you by Octobas. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Octobas Parse Baas as provided by Octobas, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Octobas Parse Baas 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 Octobas, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Octobas Parse Baas or any applications running on the Octobas Parse Baas; or (c) use the Octobas Parse Baas in any way that may subject the Octobas Parse Baas to any obligations under any open source software license, including, without limitation any license which imposes any obligation or restriction with respect to Octobas' patent or other intellectual property rights in the Octobas Parse Baas.
7.3 Open source software licenses for components of the Octobas Parse Baas released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Octobas for the use of the components of the Octobas Parse Baas released under an open source license.
8.1 Octobas claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Octobas Parse Baas you give Octobas a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Octobas to provide you with the Octobas Parse Baas. Furthermore, by creating an Application through use of the Octobas Parse Baas, you give Octobas a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Octobas to provide you with the Octobas Parse Baas.
8.2 By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Octobas Parse Baas functionality or features for the sole purpose of collaborating on development of the Application(s).
8.3 You may choose to or we may invite you to submit comments or ideas about the Octobas Parse Baas, including without limitation about how to improve the Octobas Parse Baas or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Octobas under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that Octobas, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Octobas Parse Baas.
9.1 Octobas is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Octobas Parse Baas which Octobas provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Octobas Parse Baas will be effective with respect to all versions of the Octobas Parse Baas; examples of changes to the form and nature of the Octobas Parse Baas include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
9.2 You may terminate these Terms at any time by canceling your account. You will not receive any refunds if you cancel your account.
9.3 You agree that Octobas, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Octobas Parse Baas may be without prior notice, and you agree that Octobas will not be liable to you or any third party for such termination.
19.4 You are solely responsible for exporting your Content and Application(s) from the Octobas Parse Baas prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
19.5 Upon any termination of the Octobas Parse Baas or your account these Terms will also terminate, but Sections 6.1, 9, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 13, SHALL EXCLUDE OR LIMIT OCTOBAS' WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OCTOBAS PARSE SERVICE IS AT YOUR SOLE RISK AND THAT THE OCTOBAS PARSE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
10.3 OCTOBAS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE OCTOBAS PARSE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OCTOBAS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OCTOBAS PARSE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OCTOBAS PARSE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE OCTOBAS PARSE SERVICES WILL BE ACCURATE.
11.2 THE LIMITATIONS ON OCTOBAS' LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT OCTOBAS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.1 You agree to hold harmless, defend and indemnify Octobas, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Octobas and 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 Octobas Parse Baas, (c) your violation of applicable laws, rules or regulations in connection with the Octobas Parse Baas, 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, Octobas will provide you with written notice of such claim, suit or action.
13.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"), the Australian Copyright Act 1968 and the Austrlaian Copyright Amendment Act 2006. It is Octobas' policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
14.1 The Octobas Parse Baas may include hyperlinks to other web sites or content or resources or email content. Octobas may have no control over any web sites or resources which are provided by companies or persons other than Octobas.
14.2 You acknowledge and agree that Octobas is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
14.3 You acknowledge and agree that Octobas is not liable for any loss or damage which may be incurred by you or your End Users as a result of the content or availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
15.1 Octobas may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
15.2 You understand and agree that if you use the Octobas Parse Baas after the date on which the Terms have changed, Octobas will treat your use as acceptance of the updated Terms.
16.1 Except to the extent you and Octobas have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and Octobas and govern your use of the Octobas Parse Baas (but excluding any services which Octobas may provide to you under a separate written agreement), and completely replace any prior agreements between you and Octobas in relation to the Octobas Parse Baas.
16.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
16.3 If Octobas provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
16.4 You agree that Octobas may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Octobas Parse Baas. By providing Octobas your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
16.5 You agree that if Octobas does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Octobas has the benefit of under any applicable law), this will not be taken to be a formal waiver of Octobas's rights and that those rights or remedies will still be available to Octobas.
16.6 Octobas shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
16.7 The Terms, and your relationship with Octobas under the Terms, shall be governed by the laws of Australia without regard to its conflict of laws provisions. You and Octobas agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales, Australia to resolve any legal matter arising from the Terms.
16.8 You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Octobas (not to be unreasonably withheld).Backups APPLICATION DATABASES If you elect to use an Octobas provided database, all of your application data is backed up daily. Octobas can request a restore via mlab, of data from the last backup if data loss occurs. APPLICATION CONFIGURATIONS All of your application configuration is backed up daily. Octobas can request a restore via mlab, of configuration from the last backup if data loss occurs. Disaster Recovery APPLICATION DATABASES AND CONFIGURATIONS Our platform automatically restores customer applications and databases in the case of an outage. OCTOBAS PLATFORM The Octobas platform is designed for stability, scaling, and inherently mitigates common issues that lead to outages while maintaining recovery capabilities. Our platform maintains redundancy to prevent single points of failure, is able to replace failed components, and utilizes multiple data centers designed for resiliency. In the case of an outage, the platform is deployed across multiple data centers using current system images and data is restored from backups. Octobas reviews platform issues to understand the root cause, impact to customers, and improve the platform and processes. Access to Customer Data Octobas staff does not access or interact with customer data or applications as part of normal operations. There may be cases where Octobas is requested to interact with customer data or applications at the request of the customer for support purposes or where required by law. Octobas may also inspect customer data to debug and troubleshoot platform issues.