Legal

Terms of Service

Last updated: March 9, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ovvoc ("we," "us," or "our"). Please read these Terms carefully before using the Service. By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Definitions

The following capitalized terms shall have the meanings set forth below wherever they appear in these Terms:

  • "Service" means the Ovvoc automated dependency update platform, including all web interfaces, APIs, background workers, container infrastructure, documentation, and any related services we provide.
  • "User" or "Customer" means any individual or entity that accesses or uses the Service, whether through a free trial, paid subscription, or any other means.
  • "Customer Data" means all source code, configuration files, lockfiles, environment variables, repository metadata, and any other data that you provide to or make accessible through the Service.
  • "AI Output" means any code transformations, migration suggestions, commit messages, pull request descriptions, or other content generated in whole or in part by artificial intelligence models used within the Service, including but not limited to Google Gemini.
  • "Confidential Information" means any non-public information disclosed by either party to the other in connection with the Service, including but not limited to source code, business plans, technical specifications, authentication credentials, API keys, and pricing information.
  • "Subscription" means the paid recurring plan selected by the User that grants access to the Service for a defined billing period, as described on the Pricing page.
  • "Pull Request" or "PR" means a request to merge code changes into a repository branch, generated by the Service on the User's behalf through the applicable source code hosting platform.
  • "Ephemeral Container" means an isolated Docker container provisioned by the Service to process a single dependency update job, which is destroyed immediately upon job completion or failure.
  • "Merchant of Record" or "MoR" means Paddle.com Market Limited, the entity that processes all payments, handles tax obligations, and serves as the seller of record for the Service.

2. Acceptance of Terms

By creating an account, accessing, or using the Service in any manner, you represent and warrant that: (a) you are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater; (b) you have the legal capacity and authority to enter into a binding agreement; (c) if you are accepting these Terms on behalf of a company, organization, or other legal entity, you have the authority to bind that entity to these Terms, and references to "you" and "your" shall refer to both you individually and the entity you represent; and (d) your use of the Service does not violate any applicable law, regulation, or obligation to a third party.

If you do not agree to all of these Terms, you must not access or use the Service. Your continued use of the Service following any modification to these Terms constitutes your acceptance of the modified Terms.

3. Service Description

Ovvoc is an automated dependency update platform for software projects. The Service monitors your project dependencies for new versions and security vulnerabilities, applies updates within isolated ephemeral containers, executes build and test processes to verify compatibility, and opens pull requests on your behalf when updates pass all checks. If builds or tests fail, the Service generates a failure report rather than opening a pull request. The Service supports the npm/Node.js ecosystem and integrates with GitHub for source code management.

The Service employs artificial intelligence models (currently Google Gemini) for complex code transformations that cannot be handled by deterministic rules alone. AI is used in a narrow, scoped manner for specific transformation tasks and is not used for general-purpose code generation. See Section 6 for important disclaimers regarding AI-Generated Content.

We reserve the right to modify, enhance, or discontinue any feature or aspect of the Service at any time, with or without notice. For material changes that adversely affect paying customers, we will provide at least 30 days' notice via email or in-app notification. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

4. Account Registration

To use Ovvoc, you must create an account by authenticating through one of the following methods: GitHub OAuth, Google OAuth, or email and password. By authenticating via GitHub OAuth, you authorize us to access certain information from your GitHub account, including your username, email address, and repository contents as permitted by your GitHub App installation settings. By authenticating via Google OAuth, you authorize us to access your basic profile information and email address.

You are responsible for: (a) providing accurate and complete registration information; (b) maintaining the confidentiality and security of your account credentials and authentication tokens; (c) all activity that occurs under your account, whether or not authorized by you; and (d) notifying us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

You may not share your account with others, create multiple accounts to circumvent plan limits, or transfer your account to another person or entity without our prior written consent. We reserve the right to disable any account that we reasonably believe violates these Terms.

5. Acceptable Use

You agree that you will not, and will not permit any third party to:

  • Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
  • Attempt to gain unauthorized access to our systems, networks, servers, or other users' accounts through hacking, password mining, social engineering, or any other means;
  • Interfere with, disrupt, degrade, or impair the integrity, performance, or availability of the Service or its underlying infrastructure;
  • Use the Service to distribute, transmit, or store malware, viruses, worms, trojan horses, or any other malicious or harmful code;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, migration rules, AI prompts, or underlying structure of the Service;
  • Exceed, circumvent, or attempt to circumvent any rate limits, usage quotas, or technical restrictions imposed by the Service;
  • Use the Service in a manner that could harm, overburden, or impair other users or their repositories;
  • Reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the Service or any portion thereof for any purpose not expressly permitted by these Terms;
  • Use the Service to mine cryptocurrency, perform denial-of-service attacks, or conduct any activity unrelated to dependency management;
  • Use the Service to process repositories containing illegal content, including but not limited to child exploitation material, content that violates export control laws, or content that infringes upon the intellectual property rights of third parties;
  • Scrape, crawl, or use automated means to access the Service except through the APIs and interfaces we provide;
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
  • Use the Service to circumvent or attempt to circumvent security measures of third-party services, including GitHub, npm, or any other platform;
  • Intentionally submit code or configurations designed to exploit, attack, or extract information from the AI models used by the Service;
  • Use the Service with the intent of obtaining dependency updates or code transformations and subsequently requesting a refund or cancelling the Subscription, whether individually or as part of a pattern of repeated subscribe-use-cancel behavior ("Subscription Abuse"). A single instance or pattern of subscribing to the Service, consuming update or migration resources, and then requesting a refund or cancelling may constitute Subscription Abuse at our sole discretion.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund, at our sole discretion.

6. AI-Generated Content and Outputs

The Service uses artificial intelligence models, including but not limited to Google Gemini, for complex code transformations. You acknowledge and agree to the following:

  • No warranty on AI Outputs. All AI-Generated Content is provided strictly on an "as-is" basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, correctness, originality, or fitness for a particular purpose of any AI Output.
  • No intellectual property guarantees. We do not warrant that AI Outputs will be free from errors, will not infringe upon the intellectual property rights of third parties, or will be suitable for your specific use case. AI models may generate code that resembles publicly available code, and we make no representations regarding the originality or patentability of AI Outputs.
  • User responsibility to review. You are solely responsible for reviewing, testing, and validating all AI-Generated Content before merging any pull request into your codebase. The Service generates pull requests specifically so that you retain full control over what is merged. Merging an AI-generated pull request constitutes your acceptance of that code.
  • AI errors and hallucinations. AI models may produce incorrect, incomplete, or nonsensical outputs ("hallucinations"). We are not responsible for any damage, loss, or liability arising from AI errors or hallucinations, including but not limited to broken builds, runtime errors, security vulnerabilities, or data loss caused by AI-generated code that you choose to merge.
  • Narrow, scoped usage. AI is employed only for specific, well-defined transformation tasks where deterministic rules cannot solve the problem. AI receives the minimum context necessary to perform its task — typically a limited code snippet, the specific dependency change, and relevant migration documentation. The Service does not send your entire codebase to AI providers.
  • Code snippets sent to AI providers. By using the Service, you consent to relevant code snippets being sent to third-party AI providers (currently Google) for processing. These snippets are limited to the minimum context required for the specific transformation task. We do not control and are not responsible for the data practices of third-party AI providers, which are governed by their own terms and privacy policies.
  • No legal, security, or compliance advice. AI Outputs do not constitute legal, security, or compliance advice. You are responsible for ensuring that any AI-generated code changes comply with your organization's policies, applicable laws, and industry regulations.

7. Payment and Billing

Ovvoc operates on a paid subscription model. There is no free tier. You will be charged a fixed recurring fee based on your selected plan. Current plan details and pricing are available on our Pricing page.

All payments are processed by Paddle.com Market Limited ("Paddle"), which serves as our Merchant of Record. Paddle is the seller of record for all transactions and handles payment processing, invoicing, sales tax, VAT, and other applicable taxes on our behalf. By purchasing a Subscription, you agree to Paddle's Terms of Service and Privacy Policy.

Subscriptions automatically renew at the end of each billing period unless cancelled. You authorize Paddle to charge your selected payment method on a recurring basis for the applicable Subscription fees plus any applicable taxes.

We may change our pricing at any time. For existing customers, price changes will take effect at the start of the next billing cycle following at least 30 days' advance written notice via email. If you do not agree to a price change, you may cancel your Subscription before the new pricing takes effect.

All fees are exclusive of taxes unless otherwise stated. Paddle calculates and collects applicable sales tax, VAT, GST, and other transactional taxes based on your billing address. You are responsible for providing accurate billing information.

8. Cancellation and Refund Policy

All Subscriptions are billed in advance on a recurring basis. You may cancel your Subscription at any time through your account settings or by contacting us at [email protected]. Upon cancellation, your Subscription will remain active until the end of the current billing period.

You may request a refund within 14 days of your initial subscription purchase. In respect of subscription services, the right to cancel applies only to the initial subscription and does not apply upon each automatic renewal, in accordance with Paddle's Checkout Buyer Terms. Refund requests made within the 14-day period will be processed without conditions, in accordance with Paddle's Checkout Buyer Terms. Paddle may, at its sole discretion, refuse refund requests where it identifies evidence of fraud, refund abuse, or manipulative behavior. To request a refund, contact us at [email protected] or contact Paddle Support directly. All refunds are processed by Paddle and returned to your original payment method.

For full details on refund rights, please refer to our Refund Policy and Paddle's Checkout Buyer Terms.

9. Your Code and Data

You retain all ownership rights, title, and interest in and to your Customer Data, including all source code, configuration files, and other materials you provide to or make accessible through the Service. We do not claim any intellectual property rights over your Customer Data.

Your code is processed exclusively within ephemeral containers that are created for a single update job and destroyed immediately upon completion or failure. We do not persistently store your source code on our servers after job execution. Metadata such as dependency names, version numbers, job status, and build/test results may be retained for the purposes of providing the Service, generating reports, and improving Service quality. See our Privacy Policy for comprehensive details on data handling and retention.

By using the Service, you consent to relevant code snippets being transmitted to third-party AI providers as described in Section 6. These snippets are limited to the minimum context necessary for specific transformation tasks.

All outputs generated by the Service on your behalf — including pull requests, commit messages, transformation logs, and failure reports — are provided as part of the Service. You may use, modify, distribute, and otherwise exploit these outputs without restriction and without any obligation to Ovvoc.

10. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and to use it only for the purposes of performing its obligations or exercising its rights under these Terms. Each party shall protect the other's Confidential Information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure without restriction on use or disclosure; (c) is rightfully received from a third party without restriction and without breach of any obligation of confidentiality; or (d) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

A receiving party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice (to the extent legally permitted) and reasonably cooperates with the disclosing party's efforts to seek protective treatment of such information. Either party may disclose anonymized, aggregated data that does not identify the other party or its users.

The obligations of confidentiality set forth in this section shall survive termination or expiration of these Terms for a period of three (3) years.

11. Intellectual Property

The Service, including but not limited to its software, source code, algorithms, migration rules, AI prompts, transformation logic, user interface, design, documentation, trade names, trademarks, logos, and all related intellectual property, is and shall remain the exclusive property of Ovvoc and its licensors. These Terms do not convey to you any rights of ownership in or related to the Service.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the term of your Subscription. This license does not include the right to: (a) modify or create derivative works based on the Service; (b) sublicense, sell, or distribute access to the Service; or (c) use the Service to build a competing product or service.

12. Open Source Dependencies

The Service updates open source packages in your projects. Open source software is governed by its own license terms (e.g., MIT, Apache 2.0, GPL, ISC), which may change between versions. We are not responsible for any changes in open source license terms that result from dependency updates applied by the Service.

You are solely responsible for ensuring that all open source dependencies in your projects comply with your organization's license policies and any applicable legal requirements. The Service does not perform license compatibility analysis, and updating a dependency to a new version may introduce different license terms. You should review license changes as part of your pull request review process.

We do not guarantee the safety, security, or quality of any third-party open source package updated by the Service. While the Service runs builds and tests to verify compatibility, it does not perform comprehensive security audits of upstream package changes.

13. Third-Party Services

The Service integrates with and depends upon the following third-party platforms and services, each of which is governed by its own terms of service and privacy policy:

  • GitHub — source code hosting, authentication (OAuth), repository access, and pull request creation;
  • Google — authentication (OAuth) and AI model services (Google Gemini) for code transformations;
  • Paddle — payment processing, subscription management, invoicing, and tax compliance as our Merchant of Record;
  • npm Registry — package metadata retrieval, version information, and security advisory data.

We are not responsible for the availability, accuracy, reliability, or security of any third-party service. Outages, changes, or discontinuation of third-party services may affect the functionality of the Service. We shall not be liable for any loss or damage arising from the acts or omissions of third-party service providers. Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

14. Service Availability

We will use commercially reasonable efforts to maintain the availability of the Service. However, we do not guarantee uninterrupted, error-free, or continuous access to the Service. The Service may be temporarily unavailable due to scheduled maintenance, system upgrades, emergency repairs, or circumstances beyond our reasonable control.

We will endeavor to provide advance notice of planned maintenance windows when practicable. Emergency maintenance may be performed without prior notice when necessary to protect the security, integrity, or availability of the Service.

Enterprise customers may negotiate separate Service Level Agreements ("SLAs") with specific uptime commitments, response times, and remedies. Such SLAs shall be set forth in a separate written agreement and shall prevail over this section to the extent of any conflict.

We shall not be liable for any loss, damage, or inconvenience caused by any period of Service unavailability, regardless of the cause.

15. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OVVOC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (C) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (E) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (I) DEPENDENCY UPDATES APPLIED BY THE SERVICE WILL BE FREE OF BUGS, ERRORS, OR SECURITY VULNERABILITIES; (II) AI-GENERATED CODE TRANSFORMATIONS WILL BE CORRECT, COMPLETE, OR SUITABLE FOR YOUR USE CASE; (III) PULL REQUESTS GENERATED BY THE SERVICE WILL NOT INTRODUCE BREAKING CHANGES, REGRESSIONS, OR INCOMPATIBILITIES; OR (IV) THE SERVICE WILL DETECT ALL AVAILABLE UPDATES, SECURITY VULNERABILITIES, OR COMPATIBILITY ISSUES.

YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND TESTING ALL CHANGES BEFORE MERGING THEM INTO YOUR CODEBASE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OVVOC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OVVOC'S WARRANTIES ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVVOC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF OVVOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO OVVOC (THROUGH PADDLE) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, OUR MAXIMUM LIABILITY SHALL BE ONE HUNDRED US DOLLARS (US $100).

AI-Specific Limitation: Without limiting the generality of the foregoing, Ovvoc shall not be liable for any damages, losses, costs, or expenses arising from or related to AI-Generated Content that you choose to merge, deploy, or otherwise incorporate into your codebase. Once you merge a pull request containing AI Output, you assume full responsibility for that code and its consequences, including but not limited to build failures, runtime errors, security vulnerabilities, data loss, compliance violations, or service outages.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

17. Indemnification

Your Indemnification of Ovvoc. You agree to indemnify, defend, and hold harmless Ovvoc and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any Customer Data you provide to the Service; (e) your decision to merge, deploy, or otherwise use AI-Generated Content or other Service outputs; or (f) any dispute between you and a third party arising from your use of the Service.

Ovvoc's Indemnification of You. We will indemnify, defend, and hold you harmless from and against any third-party claim that the Service itself (excluding AI Outputs, Customer Data, and third-party open source packages) infringes upon a valid United States patent, copyright, or trade secret, provided that: (a) you promptly notify us in writing of the claim; (b) you grant us sole control of the defense and settlement; and (c) you provide reasonable cooperation at our expense. This indemnification obligation does not apply to claims arising from: (i) AI-Generated Content; (ii) modifications you make to the Service or its outputs; (iii) your combination of the Service with other products or services not provided by us; or (iv) your continued use of the Service after being notified of an alleged infringement.

18. Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the relationship between you and Ovvoc (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, as applicable. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, or, at the election of the claimant, by telephone, video conference, or online proceedings. The arbitrator shall have exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this arbitration provision.

CLASS ACTION WAIVER. YOU AND OVVOC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

Small Claims Court Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of such court.

30-Day Opt-Out Right. You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to [email protected] within thirty (30) days of your first use of the Service. Your notice must include your full name, account email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you and Ovvoc agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for resolution of Disputes.

Informal Resolution. Before initiating arbitration, you and Ovvoc agree to attempt to resolve any Dispute informally for at least thirty (30) days. Informal negotiations shall commence upon written notice from one party to the other.

19. Data Security Incidents

In the event of a confirmed security breach that results in the unauthorized access, disclosure, or loss of your Customer Data ("Security Incident"), we will: (a) notify you without undue delay and in any event within seventy-two (72) hours of becoming aware of the Security Incident, consistent with the requirements of the EU General Data Protection Regulation (GDPR) and other applicable data protection laws; (b) provide a description of the nature of the Security Incident, including the categories and approximate number of data records affected; (c) describe the measures taken or proposed to be taken to address the Security Incident and mitigate its potential adverse effects; and (d) provide a contact point from whom you may obtain additional information.

We will cooperate with you and, where applicable, with supervisory authorities in the investigation and remediation of any Security Incident. We will take commercially reasonable steps to contain, investigate, and remediate any Security Incident and to prevent recurrence.

This section does not apply to security incidents caused by your own actions or omissions, including but not limited to compromised credentials, misconfigured GitHub App permissions, or vulnerabilities in your own code.

20. Beta and Experimental Features

We may from time to time offer beta, preview, experimental, or early-access features ("Beta Features") that are not yet generally available. Beta Features are made available on an "as-is" and "as-available" basis and may contain bugs, errors, or other deficiencies. We make no commitments regarding the availability, reliability, functionality, or performance of Beta Features, and all warranties and service level commitments are expressly excluded with respect to Beta Features.

Beta Features may require separate opt-in and may be subject to additional terms. We may modify, suspend, or discontinue any Beta Feature at any time without notice and without liability. Your use of Beta Features is entirely voluntary, and we recommend against relying on Beta Features for production workloads.

We may collect additional usage data and feedback related to Beta Features for the purpose of improving the Service. By using Beta Features, you consent to such data collection.

21. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay is caused by circumstances beyond the affected party's reasonable control ("Force Majeure Event"), including but not limited to: natural disasters (earthquakes, floods, hurricanes, tsunamis); pandemics, epidemics, or public health emergencies; acts of war, terrorism, civil unrest, or armed conflict; government actions, sanctions, embargoes, or regulatory changes; failure or unavailability of third-party services, including GitHub, Google, Paddle, npm, or cloud infrastructure providers; internet outages or disruptions to telecommunications infrastructure; cyberattacks, including distributed denial-of-service attacks; power outages or failures in electrical infrastructure; labor disputes or strikes; or any other event of similar nature or force.

The affected party shall promptly notify the other party of the Force Majeure Event and shall use commercially reasonable efforts to resume performance as soon as practicable. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms upon written notice to the other party.

22. Export Compliance

The Service may be subject to United States export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, Bureau of Industry and Security, and economic sanctions programs administered by the U.S. Department of the Treasury, Office of Foreign Assets Control ("OFAC").

You represent and warrant that: (a) you are not located in, and are not a national or resident of, any country that is subject to a comprehensive U.S. government embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List, or the Entity List; and (c) you will not use the Service in violation of any applicable export control laws, sanctions, or regulations.

You agree to comply with all applicable export control laws and sanctions in your use of the Service and shall not, directly or indirectly, export, re-export, or transfer the Service or any technical data obtained through the Service to any prohibited destination, entity, or person.

23. Government Use

If you are a U.S. government agency or department, or are contracting on behalf of such an agency or department, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. Consistent with FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, all U.S. government end users acquire the Service with only those rights set forth in these Terms. No additional government rights are granted beyond those specified herein.

24. DMCA and Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond to valid notices of alleged copyright infringement that are properly submitted to our designated agent.

Takedown Requests. If you believe that content available through the Service infringes your copyright, you may submit a DMCA takedown notice to our designated agent at [email protected] containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and its location within the Service; (d) your contact information (address, telephone number, and email address); (e) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Counter-Notification. If you believe that material was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to our designated agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal courts in Delaware and will accept service of process from the party that submitted the takedown notice.

Designated Agent: Ovvoc Legal Department, [email protected].

25. Termination

Termination by You. You may terminate your use of the Service at any time by cancelling your Subscription through your account settings, uninstalling the GitHub App from your repositories, and closing your account. Termination does not entitle you to any refund of prepaid fees.

Termination by Ovvoc. We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to: (a) violation of these Terms or any applicable law; (b) conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or the integrity of the Service; (c) non-payment of applicable fees; (d) upon request by law enforcement or a government agency; (e) extended periods of inactivity; or (f) patterns of Subscription Abuse as described in Section 5, including but not limited to repeated cycles of subscribing, consuming update or migration resources, and requesting refunds or cancellations. Where practicable, we will provide reasonable notice before termination, except in cases of egregious violations where immediate action is necessary.

Effect of Termination. Upon termination: (a) your right to access and use the Service ceases immediately; (b) we may delete your account data in accordance with our data retention policies; (c) any outstanding fees remain due and payable; and (d) all Ephemeral Containers associated with your account will be destroyed.

Survival. The following sections shall survive any termination or expiration of these Terms: Definitions, Confidentiality, Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Arbitration and Dispute Resolution, Export Compliance, Governing Law, and any other provisions that by their nature should survive.

26. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by sending an email to the address associated with your account and/or by posting a prominent notice within the Service at least thirty (30) days before the changes take effect. The "Last updated" date at the top of these Terms will be revised accordingly.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your Subscription before the changes take effect. Non-material changes, such as corrections of typographical errors or reformatting, may take effect immediately without advance notice.

27. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

28. Entire Agreement

These Terms, together with our Privacy Policy and any separate enterprise agreements or order forms executed between you and Ovvoc, constitute the entire agreement between you and Ovvoc with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

29. Governing Law

These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration provision in Section 18, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Delaware, and you irrevocably consent to the personal jurisdiction and venue of such courts.

30. Contact

If you have any questions, concerns, or feedback about these Terms, please contact us: