Version 1.0, effective as of March 15th, 2018
1.1. "JetBrains" or "We" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/8, Prague, 14000, Czech Republic, registered in the Commercial Register maintained by the Municipal Court of Prague, Section C, File 86211, ID. No.: 265 02 275.
1.2. "User" or "You" means the individual given the right to use JetBrains Uploads Service in accordance with this Agreement. For the avoidance of doubt, User is a natural person and not a corporation, company, partnership or association or other entity or organization.
2.1. "Agreement" means this JetBrains Uploads Agreement.
2.2. "JetBrains Products and Services" means any generally available JetBrains software product identified by JetBrains as an individual developer tool, teamware tool, or online service. For the avoidance of doubt, the JetBrains Upload Service is not produced to the specifications of the User nor customized through modification or personalization, and is intended for mass distribution.
2.3. "JetBrains Website" means any website that is the property of JetBrains s.r.o. ("JetBrains", "we"), including but not limited to everything hosted under the domains listed at https://www.jetbrains.com/legal/websites/.
2.3. "Personal data" means any information relating to an identified or identifiable natural person.
2.4. "JetBrains Uploads Service" means the service that JetBrains provides to You, which allows You to upload files to JetBrains storage for further use of the files by JetBrains to provide you with support for JetBrains Products and Services.
JetBrains Uploads Service allows storing user-uploaded data. This Agreement governs usage of JetBrains Uploads Service.
4.1. You may use JetBrains Uploads Service to upload data required for JetBrains to provide You with support for JetBrains Products and Services. You may use JetBrains Uploads Service only for personal, and internal business purposes.
4.2. Without written JetBrains permission, You may not:
4.2.1. use JetBrains Uploads Service for uploading of data other than data required for JetBrains technical support;
4.2.2. upload files containing malware or data restricted by legislation;
4.2.3. upload any files which could cause harm to JetBrains, its facilities, or the environment JetBrains uses to run its services;
4.2.4. remove any copyright or other proprietary notices displayed or contained in JetBrains Uploads Service;
4.2.5. modify or alter JetBrains Uploads Service in any way; or
4.2.6. distribute, sell, lease, rent, or provide JetBrains Uploads Service to others.
4.3. JetBrains reserves the exclusive right to revoke authorization to view, download, and print JetBrains Uploads Service content at any time, and you shall discontinue such use immediately upon notice from JetBrains.
4.4. The rights granted to you for use of JetBrains Uploads Service constitute a grant of rights and not a transfer of title.
4.5. Due to the nature of provided services, usage of JetBrains Uploads Service is governed by this Agreement and the JetBrains Website Agreement available at https://www.jetbrains.com/legal/docs/company/useterms.html.
5.1 In connection with Your use of JetBrains Uploads Service, We and our associated companies will process Personal data of You as a User, in particular, Your contact and identification details and data about usage of our software and services for the following purposes:
5.1.1. To provide You with software, services, or information;
5.1.2. To protect Us from piracy and unlawful use of Our software or services;
5.1.3. To improve Our offerings based on usage;
5.1.4. For Our internal evidence and to protect the rights and interests of Us and other users;
5.1.5. To promote and market Our software and services; and
5.1.6. To fulfil legal duties stipulated by accounting, taxation, and other laws.
5.2 For the above purposes, JetBrains may collect Your IP address and cookies, among others.
5.4. Data You upload is not expected to contain any Personal data.
5.5. You have to keep Your Personal data up-to-date, update the information, or if any inconsistencies arise report such inconsistencies to JetBrains.
6.1. The term of this Agreement will commence upon the acceptance of this Agreement by User. By using JetBrains Uploads Service, the User agrees to be bound by the terms of this Agreement.
6.2. You may terminate this Agreement at any time via JetBrains Uploads Service. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period.
6.3. JetBrains may terminate this Agreement if:
(A) User has materially breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof;
(B) JetBrains is required to do so by law (for example, where the provision of JetBrains Uploads Service functionality to User is, or becomes, unlawful); or
(C) JetBrains elects to discontinue providing JetBrains Uploads Service, in whole or in part.
6.4. JetBrains will make reasonable efforts to notify User via email as follows:
(A) Thirty (30) days prior to termination of the Agreement in the events specified in Section 6.3(C) above.
(B) Three (3) days prior to termination of the Agreement in the event specified in Section 6.3(B).
User shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as "Sanctions"), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). User declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, User warrants that it will not download or otherwise export or re-export software or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use software for any end-use prohibited or restricted by Sanctions.
ALL PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF JETBRAINS UPLOADS SERVICE IS AT YOUR OWN RISK. JETBRAINS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JETBRAINS, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO JETBRAINS UPLOADS SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. JETBRAINS (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT JETBRAINS UPLOADS SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT JETBRAINS UPLOADS SERVICE WILL MEET USER'S REQUIREMENTS; THAT JETBRAINS UPLOADS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT JETBRAINS UPLOADS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF JETBRAINS UPLOADS SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JETBRAINS (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR JETBRAINS' LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO JETBRAINS UPLOADS SERVICE IN ACCORDANCE WITH THIS AGREEMENT, OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO JETBRAINS UPLOADS SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9.2. OUR TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO FIVE (5) US DOLLARS. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10.3. Changes to this Agreement. We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Your rights, We will use reasonable efforts to notify You (for example, by contacting you at the email address that You have provided to us, by posting on JetBrains Website, or via JetBrains Upload Service itself). If We modify this Agreement, the modified version of the Agreement will be effective immediately. In this case, if You object to the updated Agreement terms, as Your exclusive remedy, You may terminate this Agreement. You may be required to click through the updated Agreement to show Your acceptance.
10.4. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
10.5. Headings. Headings and titles are for convenience only and do not affect the interpretation of this Agreement.
10.6. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
10.7. Governing Law. This Agreement will be governed by the laws of the Czech Republic, without regard to conflict of laws principles. User agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Czech Republic. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
10.8. You declare that You have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory "form contract" ("adhesion contract") regulations shall not be applicable to this Agreement.
10.9. The parties to this Agreement undertake to make their best efforts to settle any disputes arising hereunder ("Dispute") amicably. Should the parties to this Agreement fail to settle a Dispute amicably, User has a right to submit a Dispute for an out-of-court resolution to the Czech Trade Inspection Authority, web address:www.coi.cz.
10.10. Notice. JetBrains may deliver any notice to User via electronic mail to an email address provided by User, JetBrains Uploads, registered mail, personal delivery or a renowned express courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the notice is sent to User via email, (ii) upon being uploaded to Your JetBrains Uploads (irrespective of when User actually receives it), (iii) upon personal delivery, (iv) one (1) day after deposit with an express courier, (v) or five (5) days after deposit in the mail, whichever occurs first.
For exceptions or modifications to this Agreement, please contact JetBrains at:
Address: Na hrebenech II 1718/8, Prague, 14000, Czech Republic
Fax: +420 241 722 540