1. Acceptance of Terms
These Terms of Service (Terms) form a binding agreement between you and Durango Platform (Durango, we, our, or us) governing your access to and use of our websites, applications, APIs, and related services (collectively, the Services). By using the Services, you agree to these Terms.
2. Eligibility and Accounts
- You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.
- You agree to provide accurate registration information and keep it updated.
- You are responsible for maintaining account security and all activity under your account.
- If you use the Services on behalf of an organization, you represent that you can bind that organization.
3. Subscription, Fees, and Billing
- Some features require a paid plan. Prices and plan details are provided at checkout or in-product.
- Fees are charged in advance on a recurring basis unless otherwise stated.
- You authorize us and our payment processor to charge your selected payment method.
- Unless required by law, fees are non-refundable, including for partial billing periods.
- You are responsible for applicable taxes other than taxes based on our net income.
4. Use of the Services
You agree not to:
- Use the Services in violation of applicable law or regulation.
- Interfere with or disrupt the integrity, security, or performance of the Services.
- Attempt to gain unauthorized access to systems, accounts, or data.
- Reverse engineer, decompile, or otherwise attempt to discover source code except where legally permitted.
- Use the Services to develop a competing service through unauthorized scraping or automated extraction.
5. Customer Content
You retain ownership of content you submit, upload, or generate through the Services (Customer Content). You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Content solely to provide, secure, and improve the Services and as otherwise permitted by our Privacy Policy.
6. Intellectual Property
The Services, including software, design, and branding, are owned by Durango or its licensors and protected by intellectual property laws. Except for rights expressly granted in these Terms, no rights are granted to you.
7. Beta Features
We may offer beta or preview features. These features are provided as-is, may be modified or discontinued at any time, and may be subject to additional terms.
8. Third-Party Services
The Services may integrate with third-party products or links. We are not responsible for third-party services, and your use of those services is governed by their terms and policies.
9. Suspension and Termination
We may suspend or terminate access to the Services if we reasonably believe you violated these Terms, pose a security risk, or create legal exposure. You may stop using the Services at any time. Sections that by nature should survive termination will survive.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. DURANGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DURANGO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL. DURANGO'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless Durango and its affiliates, officers, directors, employees, and agents from claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your Customer Content, or your violation of these Terms.
13. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute arising from these Terms or the Services will be brought exclusively in state or federal courts located in Delaware, and you consent to those courts' jurisdiction.
14. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms and revise the effective date above. Continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms.
15. Contact
For questions about these Terms, contact legal@durango.sh.