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MuleSoft Terms of Service
1. Your Agreement with MuleSoft
1.1 Your use of the MuleSoft service is governed by this agreement (the "Terms"). "MuleSoft" means MuleSoft, Inc., located at 77 Geary Street, Suite 400, San Francisco, CA, 94108, United States. The "CloudHub Services" means the services MuleSoft makes available through its websites, including this website, the MuleSoft cloud computing platform, the MuleSoft API’s, the MuleSoft Add-ons, Dataloader.io, Anypoint Data Gateway, and any other software or services offered by MuleSoft in connection to any of those.
1.2 In order to use the CloudHub Services, you must first agree to these Terms by using the CloudHub Services. You understand and agree that MuleSoft will treat your use of the CloudHub Services as acceptance of the Terms from that point onward.
1.3 You may not use the CloudHub Services if you are a person barred from receiving the CloudHub Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the CloudHub Services. You affirm that you are over the age of 13, as the CloudHub Services are not intended for children under 13.
1.4 You agree that your purchases of CloudHub Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by MuleSoft regarding future functionality or features.
2. Your Account and Use of the CloudHub Services
2.1 You must provide accurate and complete registration information any time you register to use the CloudHub Services under your account as set forth in this website ("Customer Account"). You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify MuleSoft immediately.
2.2 You must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software when using the CloudHub Services.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the CloudHub Services by any means other than through the interface that is provided by MuleSoft in connection with the CloudHub Services, unless you have been specifically allowed to do so in a separate written agreement with MuleSoft, or (b) engage in any activity that interferes with or disrupts the CloudHub Services (or the servers and networks which are connected to the Service).
2.4 Your account has "hard" and "soft" usage limits, as further explained here (or such URL as MuleSoft may provide). The CloudHub Services do not permit you to exceed the hard usage limits. MuleSoft reserves the right to enforce soft usage limits in its sole discretion, which may result in MuleSoft serving a "quota exceeded" page to you or users to whom you serve web pages via the CloudHub Services ("End Users"). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
2.5 You may use the CloudHub Services only to develop and run applications on the MuleSoft infrastructure. You may not access the CloudHub Services for the purpose of bringing an intellectual property infringement claim against MuleSoft or for the purpose of creating a product or service competitive with the CloudHub Services.
2.6 If You install or enable third-party applications for use with the CloudHub Services, You acknowledge that MuleSoft may allow providers of those third-party applications to access Your data as required for the interoperation of such third party applications with the CloudHub Services. MuleSoft shall not be responsible for any disclosure, modification or deletion of Your data resulting from any such access by third-party application providers. In addition, the CloudHub Services may contain features designed to interoperate with third-party applications. To use such features, You may be required to obtain access to such third-party applications from their providers. If the provider of any such third-party application ceases to make the third-party application available for interoperation with the corresponding CloudHub Services features on reasonable terms, MuleSoft may cease providing such CloudHub Services features without entitling You to any refund, credit, or other compensation.
3. Service Policies and Privacy
3.1 You agree to comply with the MuleSoft Acceptable Use Policy available here (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
3.3 You agree that you will protect the privacy and legal rights of the end users of your application ("End Users"). You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to MuleSoft.
4. Fees for Use of the CloudHub Services
4.1 Subject to these Terms, unless otherwise agreed upon in writing between the parties, the CloudHub Services is provided to you without charge. Usage over the Usage limits will require your purchase a subscription. Please contact MuleSoft directly to purchase a subscription at firstname.lastname@example.org.
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in your Customer Account, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). If payment of any fee is overdue, MuleSoft may suspend your access to the CloudHub Services until such delinquency is corrected. Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees MuleSoft incurs collecting late amounts. If you are required to pay any withholding tax, charge or levy in respect of any payments due to MuleSoft hereunder, you agree to gross up payments actually made such that MuleSoft shall receive sums due hereunder in full and free of any deduction for any such withholding tax, charge or levy. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on MuleSoft's measurements of your use of the CloudHub Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of MuleSoft and only in the form of credit for the CloudHub Services. Nothing in these Terms obligates MuleSoft to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to MuleSoft may be shared by MuleSoft with companies who work on MuleSoft's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to MuleSoft and servicing your account. MuleSoft may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. MuleSoft shall not be liable for any use or disclosure of such information by such third parties. MuleSoft reserves the right to discontinue the provision of the CloudHub Services to you for any late payments.
4.3 MuleSoft may change its fees and payment policies for the CloudHub Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL MuleSoft may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.4 You may not develop Applications to access the CloudHub Services in a manner intended to avoid incurring fees.
5. Content on the CloudHub Services and Take Down Obligations
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the CloudHub Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using the CloudHub Services and any source code written by you to be used with the CloudHub Services (collectively, "Applications").
5.2 MuleSoft reserves the right (but shall have no obligation) to remove any or all Content from the CloudHub Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from MuleSoft. In the event that you elect not to comply with a request from MuleSoft to take down certain Content, MuleSoft reserves the right to directly take down such Content or to disable Applications.
5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. MuleSoft reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 You agree that you are solely responsible for (and that MuleSoft has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the CloudHub Services and for the consequences of your actions (including any loss or damage which MuleSoft may suffer) by doing so.
5.5 You agree that MuleSoft has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6. Proprietary Rights
6.1 You acknowledge and agree that MuleSoft (or MuleSoft's licensors) own all legal right, title and interest in and to the CloudHub Services, including any intellectual property rights which subsist in the CloudHub Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, MuleSoft acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the CloudHub Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MuleSoft, you agree that you are responsible for protecting and enforcing those rights and that MuleSoft has no obligation to do so on your behalf.
7. License from MuleSoft and Restrictions
7.1 MuleSoft gives you a personal, limited, worldwide, royalty-free, non-assignable and non-exclusive license to use the object code version of the software provided to you by MuleSoft as part of the CloudHub Services as provided to you by MuleSoft. This license is for the sole purpose of enabling you to use and enjoy the benefit of the CloudHub Services as provided by MuleSoft, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, sell, sublicense, rent, lease, distribute, market, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the CloudHub Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MuleSoft, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the CloudHub Services or any applications running on the CloudHub Services.
7.3 Open source software licenses for components of the CloudHub Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with MuleSoft for the use of the components of the CloudHub Services released under an open source license.
7.4 7.4 MuleSoft hereby grants you a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the MuleSoft trademarks and/or logos ("Marks") for the sole purpose of promoting or advertising that you use the CloudHub Services and solely in accordance with MuleSoft’s then current Trademark Usage Guidelines. You agree that all goodwill generated through your use of the MuleSoft Marks shall inure to the benefit of MuleSoft. You can contact MuleSoft at email@example.com for more information on Trademark usage guidelines.
8. License from You
8.1 MuleSoft claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the CloudHub Services you give MuleSoft a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling MuleSoft to provide you with the CloudHub Services. Furthermore, by creating an Application through use of the CloudHub Services, you give MuleSoft a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling MuleSoft to provide you with the CloudHub Services.
8.2 By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant CloudHub Services functionality or features for the sole purpose of collaborating on development of the Application(s).
8.3 You may choose to, or we may invite you to, submit comments or ideas about the CloudHub Services, including without limitation about how to improve the CloudHub Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MuleSoft under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that MuleSoft, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the CloudHub Services.
8.5 You represent and warrant that: (a) you have the right to enter into this Agreement; (b) the Content and Applications will not infringe any third party intellectual property rights; (c) providing the Content Applications will not violate any agreements including, without limitation, noncompetition and confidentiality agreements and that you will not enter into any such agreements that would conflict with providing the Applications; (d) you will not disclose any confidential information of any third party that you do not have the right to disclose; (e) you will not make unauthorized copies of software of other parties, or incorporate into any Content Applications any intellectual property owned by other parties that has not been licensed for such purpose; and (f) you will not violate any applicable laws in relation to the Content, Applications, or your performance of obligations under this Agreement.
9.1 MuleSoft may make available through the CloudHub Services additional features, functionality, and services offered by its third-party partners ("Add-ons"). Your use of Add-ons is subject to these Terms and to applicable fees as set forth in your Customer Account. You acknowledge for each Add-on you subscribe to or purchase through the CloudHub Services, these Terms constitute a binding agreement between you and the third party licensor of that Add-on ("the Add-on Provider") only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the Add-on Provider of that Add-on; MuleSoft is acting as agent for the Add-on Provider in providing each such Add-on to you; MuleSoft is not a party to the license between you and the Add-on Provider with respect to that Add-on; and MuleSoft is not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that MuleSoft, and MuleSoft’s subsidiaries, are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that MuleSoft will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
9.2 By subscribing to or purchasing an Add-on, you grant MuleSoft permission to share your Application, Content, and user information with the Add-on Provider as necessary in order to provide you the Add-on.
9.3 The license granted to you to use any Add-on is personal to you, and is not sublicensable to your End Users. You may not provide or resell Add-ons to others.
10.1 MuleSoft may, and you grant MuleSoft permission to, make recommendations via the CloudHub Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the CloudHub Services. We will never make recommendations directly to your End Users.
11. Modification and Termination of the CloudHub Services
11.1 MuleSoft is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the CloudHub Services which MuleSoft provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the CloudHub Services will be effective with respect to all versions of the CloudHub Services; examples of changes to the form and nature of the CloudHub Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
11.2 You may terminate these Terms at any time by canceling your account on the CloudHub Services. You will not receive any refunds if you cancel your account.
11.3 You agree that MuleSoft, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the CloudHub Services may be without prior notice, and you agree that MuleSoft will not be liable to you or any third party for such termination.
11.4 You are solely responsible for exporting your Content and Application(s) from the CloudHub Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
11.5 Upon any termination of the CloudHub Services or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT MULESOFT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MULESOFT SERVICE IS AT YOUR SOLE RISK AND THAT THE CLOUDHUB SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
12.3 MULESOFT MAKES NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE CLOUDHUB SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MULESOFT DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE CLOUDHUB SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE CLOUDHUB SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE MULE CLOUDHUB SERVICES WILL BE ACCURATE.
13. LIMITATION OF LIABILITY
13.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY AND SUBJECT TO SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MULESOFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
13.2 THE LIMITATIONS ON MULESOFT'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT MULESOFT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14.1 You agree to defend, indemnify and hold MuleSoft, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "MuleSoft and Partners") harmless from and against any loss, damage and expense arising from any and all threatened or actual claims, demands or actions arising from or in any way related to (a) your breach of the Terms, (b) your use of the Mule CloudHub Services, (c) your violation of applicable laws, rules or regulations in connection with the CloudHub Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MuleSoft will provide you with written notice of such claim, suit or action.
15. Copyright Policy
15.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is MuleSoft's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice. For more information, please contact MuleSoft at firstname.lastname@example.org.
16. Other Content
16.1 The CloudHub Services may include hyperlinks to other web sites or content or resources or email content. MuleSoft may have no control over any web sites or resources which are provided by companies or persons other than MuleSoft.
16.2 You acknowledge and agree that MuleSoft is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that MuleSoft is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17. Changes to the Terms
17.1 MuleSoft may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
17.2 You understand and agree that if you use the CloudHub Services after the date on which the Terms have changed, MuleSoft will treat your use as acceptance of the updated Terms.
18. General Legal Terms
18.1 The Terms constitute the whole legal agreement between you and MuleSoft and govern your use of the CloudHub Services (but excluding any services which MuleSoft may provide to you under a separate written agreement), and completely replace any prior agreements between you and MuleSoft in relation to the CloudHub Services.
18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 You agree that MuleSoft may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the CloudHub Services. By providing MuleSoft your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
18.4 You agree that if MuleSoft does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MuleSoft has the benefit of under any applicable law), this will not be taken to be a formal waiver of MuleSoft's rights and that those rights or remedies will still be available to MuleSoft.
18.5 MuleSoft shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.6 The Terms, and your relationship with MuleSoft under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Each party agrees that any claim or cause of action arising under or relating to this Agreement will be brought in a court of competent jurisdiction located in Santa Clara, California and each party irrevocably consents to such personal jurisdiction and waives all objections thereto.
18.7 You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of MuleSoft. These Terms shall inure to the benefit of and be binding upon the parties hereto, and their successors and permitted assigns.
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