Please read carefully this agreement before using the torchci.com web site or any other services of Torch ("Service"). By clicking the confirmation button on the sign-up form you ("Customer") agree to become bound by the Terms and Conditions ("Terms of Service") of this agreement, to the exclusion of all other terms. Torch reserves the right to update and change the Terms of Service at any time without notice.
- You must be 13 years old or more to use the Service.
- During the signup process, you must provide correct data, such as first and last name, a valid email address, and any other information required for the signup.
- You are responsible for keeping the privacy and safety of your account. Torch cannot be and would not be responsible for the damages or losses ensuing as the result of your failure to protect your login information, including your password.
- You must be a human. Accounts registered by automatic machines are forbidden.
- You cannot use the Service for purposes forbidden by law. By using the Service you cannot break any law and jurisdiction, especially emphasizing copyright law.
Copyright and Ownership
- Torch considers the contents of projects hosted on the Service to be confidential to you.
- Torch will protect the contents of projects hosted on the Service, as well as Composer authentication data, OAuth2 integrations details, and encrypted environment variables, from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
- Torch does not claim any rights to intellectual property uploaded by you to the Service.
- Torch reserves the right to discard and delete content in the Service.
- Torch does not allow third parties to access the contents of your projects. Torch stores and processes them to make the Service functional: however, all these processes are automated.
Torch employees may only access the content of projects hosted on the Service in the following situations:
1. With your consent and knowledge, for support reasons. If Torch accesses a project for support reasons, we will only do so with the owner's consent and knowledge.
2. When access is required for security reasons.
- Torch reserves the right to any and all protected components of its Service, including but not limited to: name of service, design, artwork and individual features. You cannot copy, modify, adapt, distribute, reverse engineer and decompile any part of the Service which is in the possession of Torch or persons who created them.
- You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third-party right.
- Credit card information is needed to start using the Service.
- Registering to the Service does not require a subscription to the billing plan and starts a free billing plan with 1 project available for creation and no limit on number of users, number of builds or any other resources not provided in this paragraph. Billing plans that have a project limit and exceed your current number of projects will not be available until you reduce the usage by deleting some of the projects.
- The Service is paid monthly or yearly in advance. You would be charged monthly or yearly with the costs according to the type of account chosen by you. When you register for the account and within 30 days from the registration date you do not cancel the Service, you will be charged every month starting from the moment of the first registration and the invoice will be issued only for the initial charge.
- With upgrade or downgrade of your account, you will automatically be charged according to the new rates at the next accounting period.
- Downgrade of the account can result in losing a part of your data or functionality. Torch is not responsible for such losses.
- All payments exclude taxes. You are responsible for the regulation of all payments, payments due and obligations for the appropriate Tax Authorities.
- It is refundable only when the refund of a payment was requested not later than 10 days after the payment has been registered. There would be no returns for partial usage of the Service or for the period when your account was canceled.
- You can cancel your account at any time by sending a request to Torch Support at [email protected] or any other email address provided in the Support page of Torch found at torchci.com/support. Or using the account cancelation button in the settings page of your account located at torchci.com/account.
- Your account and all its content would immediately be removed after the cancellation of the account. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your projects within 30 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is canceled.
- Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 30 days of cancellation, termination, or downgrade.
- You can cancel the account any time: however, you will be responsible for all payments arising from using the Service at the end of full accounting month. In the next accounting month you will not be charged.
- Torch reserves the rights to cancellation of the account, suspension, change or remove it without notice or without refund.
Service Level Agreement (SLA)
- The SLA outlines our guarantee that your Torch account and projects hosted on Torch will be available through your assigned torchci.com dashboard 100% of the time in a given month (excluding scheduled maintenance).
- Technical support is accessible for all accounts via email with the expected response time of 24 hours during the working days and 48 hours during the weekends and holidays.
- If an outage occurs, we will issue a credit to your next bill for 5% of your monthly fee for every 30-minute period of downtime, up to 100% of your fee for the month.
- This SLA does not apply to downtime resulting from Customer's equipment or third-party equipment, or both. This SLA applies to the primary repository hosting service and excludes any services or tools not explicitly mentioned, including but not limited to deployment and integrations with 3rd-party services. This SLA does not apply to any performance issues caused by Force Majeure, i.e. events independent from the service provider that could not have been predicted and prevented.
- Customers must request the credit from Torch within 30 days of the outage. Failure to contact Torch within 30 days will result in a forfeiture of the Customer's right to receive the credit. No cash refunds will be provided.
Modifications to the Service
- Torch reserves the right to temporarily suspend the service and modify it according to company's will at any time.
- Payments rates for the Service are changed after a 30-day notification. Such notification will be put on the Service site.
- Torch is not responsible for the effects of modifications to the system payment changes or ceasing the Service provision.
- You use the delivered Service "as-is" and "as available" at your own risk.
- You are aware that your data and its processing can be transferred in a not cryptic transmission by any kind of web and net devices.
- You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in content, information, software, or materials on or through the Service that (a.) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (b.) you know is false, misleading, untruthful or inaccurate, (c.) constitutes unauthorized or unsolicited advertising, (d.) impersonates any person or entity, including any of our employees or representatives, or (e.) includes anyone's identification documents or sensitive financial information.
- You shall not (a.) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure; (b.) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c.) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d.) run any form of auto-responder or "spam" on the Services; (e.) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; (f.) harvest or scrape any Content from the Services; (g.) use the Services for high risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or (h.) otherwise take any action in violation of our guidelines and policies.
- You shall not (directly or indirectly): (a.) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (b.) modify, translate, or otherwise create derivative works of any part of the Services, or (c.) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
- Torch does not guarantee that the Service will meet your individual requirements, act continuously, there will be no errors, be safe or timely, the outcome of the service will be precise and reliable and that all errors will be repaired. The same applies to all products, services and materials bought or acquired by the Service.
- Some parts of Torch functionality may not work with your software or other third-party services (ex: version control system providers).
- You understand and accept that Torch is not liable for any direct, indirect, casual, special, consequential or exemplary damages, including but not limited to damages or loss of profits, goodwill, data or other intangible losses - even when Torch has been warned about the possibility of such damages.
- The Terms of Service constitute the conditions of the contract between Torch and you and define the rules of using the Service.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- All questions concerning the Terms of Service should be addressed to [email protected]