Universe Terms and Conditions
USING SOFTWARE AVAILABLE THROUGH D2iQ DC/OS UNIVERSE ("SERVICES")
You must follow any policies made available to you within the Services. Don't misuse Universe. You may use Universe and Services only as permitted by law, including applicable export and re-export control laws and regulations.
Using Universe or Services does not give you ownership of any intellectual property rights. These terms do not grant you the right to use any branding or logos used in Universe or any Services. Don't remove, obscure, or alter any legal notices displayed in or along with Universe or any Services.
CERTIFIED SERVICES
Services that are labeled as "Certified" have been tested by D2iQ for interoperability with DC/OS, but D2iQ disclaims all warranties, and makes no promises, including with respect to the Services' operation or production readiness. Support for the integration may be available from D2iQ or the creator of the Service.
COMMUNITY SERVICES
Community Services have not been verified or tested by D2iQ and D2iQ disclaims all warranties, and makes no promises, including with respect to the packages' operation or production readiness. Support is not available from D2iQ.
OPEN SOURCE
Open source software is important to us. The Services may be offered under an open source license that we will make available to you. Your use of such open source Services shall be governed solely by (and nothing herein shall limit any of your rights under) the applicable open source licenses.
UNIVERSE DATA POLICY
This Data Policy covers our treatment of personally identifiable information ("Personal Information") that D2iQ may gather when you are accessing or using Universe, but not to the practices of companies that D2iQ doesn't own or control and not to the practices of any Services you may access through Universe. D2iQ may gather various types of Personal Information from users, as explained in more detail below, and D2iQ will use this Personal Information internally in connection with Universe, including to improve our Product and to contact you and allow Services you may engage with to contact you, and to analyze how you use Universe. In certain cases, D2iQ may also share some Personal Information with third parties, but only as described below.
D2iQ does not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not use Universe or send any personal information about yourself to us. If D2iQ learns that it has collected personal information from a child under age 13, it will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at contact@D2iQ.com.
Information Collected
Information You Provide to Us: D2iQ will receive and store any information you knowingly provide to us. If you provide your third-party account credentials to us or otherwise sign in to Universe through a third party site or service, you understand some content and/or information in those accounts ("Third Party Account Information") may be transmitted to us if you authorize such transmissions, and that Third Party Account Information transmitted to Universe is covered by this Data Policy. Certain information may be required to register with us or to take advantage of some of Universe's features.
D2iQ may communicate with you if you've provided us the means to do so. For example, if you've given us your email address (including through Third Party Account Information), D2iQ may send you promotional email offers on behalf of other businesses, or email you about your use of DC/OS. Also, D2iQ may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. For example, if you deploy a Service through Universe, we may share your contact information with the provider of that Service. If you do not want to receive communications from us, please indicate your preference by unsubscribing from that email.
Information Collected Automatically: Unless you disable this collection on the installation of DC/OS, whenever you interact with DC/OS, D2iQ may automatically receive and record diagnostic product information relating to use and performance, but not any underlying data that may be processed. This information does not include Personal Information. D2iQ may use this information to improve DC/OS — for example, this data can tell us how often users use a particular Service.
If you access a third party Service through Universe, such third party may also collect information from you. These terms do not cover the use of data collection practices of any third parties, D2iQ isn't responsible for their privacy policies and practices.
In addition, D2iQ may share your Personal Information with third parties as described in this section:
- Information that has been de-identified: D2iQ may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. However, D2iQ never discloses aggregate usage or de-identified information to a partner in a manner that would identify you as an individual person.
- Affiliated businesses: In certain situations, businesses D2iQ is affiliated with may sell or provide products or services to you through or in connection with your use of applications or software through Universe (either alone or jointly with us). You can recognize when an affiliated business is associated with such an application or software through Universe, and we will share your Personal Information with that affiliated business only to the extent that it is related to such application or software used through Universe. D2iQ has no control over the policies and practices of third party software or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business' or software/application's policies.
- Business Transfers: If D2iQ (or our assets) is acquired, or if D2iQ goes out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
- Protection of Company and Others: D2iQ reserves the right to access, read, preserve, and disclose any information that D2iQ believes is necessary to comply with law or court order; enforce or apply these terms and other agreements; or protect the rights, property, or safety of D2iQ, our employees, our users, or others.
NOTE: You can always opt not to disclose information to us by disabling that functionality as described in the Documentation. Modifying and Terminating our Services We are constantly changing and improving Universe. We may add or remove functionalities or features at any time.
WARRANTY DISCLAIMERS
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER D2iQ NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE PERFORMANCE OF THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE SERVICES AND UNIVERSE ARE PROVIDED "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
LIABILITY
WHEN PERMITTED BY LAW, D2iQ, AND D2iQ'S LICENSORS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF D2iQ, AND ITS LICENSORS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO AMOUNT YOU PAID US TO USE THE SERVICES (IF ANY).
IN ALL CASES, D2iQ, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
BUSINESS USES
If you are using Universe on behalf of a business, that business accepts these terms. It will hold harmless and indemnify D2iQ and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of Universe of Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
THESE TERMS
We may modify these terms or any additional terms that apply to Universe to, for example, reflect changes to the law or changes. You should review the terms regularly. We'll post notice of modified additional terms in the applicable Service. However, changes addressing new functions changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of Universe.
These terms control the relationship between D2iQ and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Francisco, California, USA, and you and D2iQ consent to personal jurisdiction in those courts.