Terms of Service

Effective Date: February 20, 2014

MANTISHUB, LLC. PROVIDES BUG AND ISSUE TRACKING SERVICE AVAILABLE AT MANTISHUB.COM (THE "SITE", "MANTISHUB" or "WE") TO YOU ("YOU" or the "USER") SUBJECT TO THESE TERMS AND CONDITIONS OF SERVICE (THE "SERVICE"). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE IN ANY WAY OR MERELY BROWSING THE SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THE SITE.


Privacy and Communications

You acknowledge and agree that MantisHub may send You e-mails related to your account and/or the Service.

Accounts, Passwords, and Security

You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data.

Acceptable Use and Conduct

You are solely responsible for Your data and for Your use of the Service. The Service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in MantisHub terminating Your account and may subject You to criminal and/or civil liability.

Fees

You will be billed on a monthly basis. You may elect to make advance payments. Advance payments, however, are not refundable for any reason. At the end of each one-month term, Your contract will automatically renew until You cancel it. Cancellation must be issued via the Service, and it must be done three (3) days prior to the end of the contract term to allow for adequate processing time and to ensure that You are not billed for an additional month.

Chargeback / Refund Policy

MantisHub will not issue cash refunds under any circumstances. If You have a question about charges made to Your account, please contact MantisHub immediately. If the charges were made in error, MantisHub will credit your account for the appropriate amount. MantisHub has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. MANTISHUB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.

WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT MANTISHUB DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON MANTISHUB’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING.

WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, MANTISHUB DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

IN NO EVENT WILL MANTISHUB BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.

USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL MANTISHUB HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.

MANTISHUB’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO MANTISHUB FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.

SOME JURISDICTIONS’ LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, MANTISHUB’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

Indemnification

You agree to indemnify, defend and hold harmless MantisHub from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless MantisHub from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

Termination of Service

We reserve the right to terminate Your account at any time and for any reason so long as permitted by law. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by MantisHub will not be backed-up for any reason and will be immediately terminated from MantisHub’s servers. You may terminate Your account at any time, but MantisHub will not under any circumstances issue any refunds of monies paid.

Intellectual Property

MantisHub claims no intellectual property rights over the data You provide to the Service.

You acknowledge and agree that MantisHub owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

Force Majeure

Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.

Special Admonitions for International Use

Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

Applicable Law and Venue

MantisHub controls and operates the Site (excluding Third-Party Sites) from offices in and around Redmond, WA and is subject to U.S. export laws and regulations. While MantisHub has made no effort to publish the Site elsewhere, the Site is accessible in all 50 states of the United States and in other countries. You and MantisHub both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and MantisHub explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the state of Washington, without regard to its conflicts of law principles. You agree that all claims you may have against MantisHub arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Redmond, WA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. You agree to use the Service and the Content only for purposes that are permitted by the Site Terms and any applicable law. MantisHub makes no representation that the Service is appropriate or available for use at other locations. If you use the Service from outside the U.S., you are solely responsible for compliance with all applicable laws, including, without limitation, export and import regulations of other countries.