Terms of Service

1.Acceptance of Terms

By creating an account, accessing, browsing, pushing to, fetching from, or otherwise using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy, which is incorporated herein by this reference.

If you do not agree to these Terms, you must not access or use the Service. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you possess the authority to bind that entity to these Terms, in which case «you» and «your» refer to that entity.

These Terms apply to all visitors, registered users, organizations, and automated agents that interact with the Service, whether or not authenticated.

2.Definitions

For the purposes of these Terms, the following definitions apply:

• Service means the Upd.dev website, the hosted Git forge, the package registries, the application programming interfaces, the documentation, the status endpoints, and all related software, infrastructure, and features made available by Kompose at upd.dev and its subdomains.
• Account means an individual or organizational identity registered with the Service, whether created directly or through a third-party identity provider.
• User Content means any source code, commits, branches, tags, releases, packages, binaries, container images, issues, pull requests, comments, wiki pages, attachments, avatars, profile metadata, and any other material that you upload to, transmit through, generate on, or publish by means of the Service.
• Tenant means any Account, organization, repository, package namespace, or other logically isolated unit of the Service belonging to a user other than you.
• Fair Use Policy means the usage expectations set out in Section 5 and the acceptable-use obligations set out in Sections 7 through 9.
• Applicable Law means the laws of the State of California and the federal laws of the United States of America, together with any other law binding upon you in your own jurisdiction.

3.Eligibility and Accounts

3.1 Minimum age

You must be at least thirteen (13) years of age to create an Account. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly permit children under thirteen (13) to register.

3.2 Registration and accuracy

You agree to provide accurate and complete information when registering and to keep that information current. You may register directly with a username and email address, or by authenticating through a supported third-party identity provider such as GitHub or GitLab. Your use of a third-party identity provider is additionally subject to that provider's own terms.

3.3 Account security

You are solely responsible for safeguarding your credentials, personal access tokens, SSH keys, GPG keys, and second-factor devices, and you are responsible for all activity that occurs under your Account, whether or not authorized by you. You agree to notify us at support@upd.dev without undue delay upon becoming aware of any unauthorized access to or use of your Account.

3.4 One human, one identity

You may maintain multiple Accounts for legitimate purposes such as separating personal and organizational work, or for automation. You may not, however, create or operate Accounts for the purpose of evading a suspension, termination, quota, or rate limit imposed under these Terms. Registration of Accounts by automated means, in bulk, or under fabricated identities for the purpose of circumventing enforcement is prohibited.

3.5 Account transfer

Accounts are personal to you and may not be sold, traded, rented, or otherwise transferred to a third party without our prior written consent. Namespace squatting for the purpose of resale is prohibited and may result in reclamation of the namespace.

4.The Service

Upd is a hosted code forge and package distribution platform. Its engine is derived from Forgejo, and the platform is operated independently by Kompose. The Service enables you to host Git repositories, review changes, publish releases, and serve packages for Go, Rust, Arch, and other supported ecosystems directly from your repositories.

We reserve the right to add, modify, deprecate, or discontinue any feature, ecosystem, endpoint, or component of the Service at any time. Where a change is material and adverse to your established use, we will endeavour to provide reasonable advance notice through the Service, by email, or via status.upd.dev.

Nothing in these Terms grants you any right, title, or interest in the Service, our trademarks, our branding, or the licensed typefaces used in the interface, save for the limited, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms.

5.No Fees; Quotas and Fair Use

5.1 Free as in freedom, free as in beer

The Service is provided at no monetary charge. We do not currently levy subscription fees, per-seat fees, or usage fees for the core hosting and package distribution functionality. This is a present commitment and not a perpetual guarantee: should we introduce paid tiers in the future, we will provide advance notice and will not retroactively invoice you for usage that occurred while the Service was free of charge.

5.2 The economics of free

Because the Service is free of monetary charge, its capacity is finite and shared among all users. Your access is therefore subject to quotas and to fair use. Quotas may include, without limitation, limits on total storage, repository size, individual file and artifact size, Git LFS consumption, package registry volume, bandwidth and egress, API request rates, concurrent connections, Git operation frequency, webhook delivery volume, and the number of repositories or organizations per Account.

5.3 Fair use

Fair use means consumption of shared resources that is proportionate to the ordinary practice of software development, code review, release engineering, and package distribution. The following are examples of conduct that falls outside fair use. This list is illustrative and not exhaustive:

• Using repositories, releases, packages, or Git LFS as general-purpose bulk file storage, a content delivery network, a media hosting service, or a backup target for material unrelated to a software project.
• Using the Service to host or distribute material where the Service functions merely as free bandwidth for an unrelated product, application, or website.
• Consuming computational or storage resources disproportionately, including through repository bombs, deliberately pathological repository structures, automated commit or tag generation at machine scale, or artifacts engineered to exhaust decompression or indexing resources.
• Operating cryptocurrency mining, distributed computation, proxying, tunnelling, relay, or other workloads unrelated to software development on or through our infrastructure.
• Automated scraping, mirroring, or crawling of the Service, or of other tenants' repositories, at a rate or scale that degrades the Service for others, including for the purpose of assembling machine learning training corpora.
• Circumventing, or attempting to circumvent, any quota, rate limit, or technical restriction by any means, including account rotation, address rotation, or credential sharing.

5.4 Setting and enforcing quotas

We may establish, publish, adjust, and enforce quotas at our discretion, and may apply different quotas to different Accounts based on legitimate operational considerations. Where quotas are exceeded, we may throttle, rate-limit, queue, or refuse operations before resorting to the enforcement measures set out in Section 12. We will endeavour to make quotas discoverable and to warn you before hard enforcement, but the absence of a warning does not waive our rights.

6.Your Content and Licenses

6.1 You retain ownership

You retain all right, title, and interest in and to your User Content. We claim no ownership over the code you push, the packages you publish, or the words you write. These Terms do not transfer any intellectual property from you to us.

6.2 License to operate the Service

You grant Kompose a worldwide, non-exclusive, royalty-free, sublicensable (solely to our infrastructure providers and subprocessors) license to host, store, cache, reproduce, transmit, index, reformat for display, create derived technical representations of (such as diffs, syntax-highlighted renderings, search indices, and package metadata), and distribute your User Content, solely to the extent technically necessary to operate, maintain, secure, and improve the Service and to provide it to you and to the recipients you designate. This license terminates when you remove the User Content from the Service, subject to reasonable delay for backup expiry and cache invalidation, and subject to copies retained by other users under Section 6.4.

6.3 Public content and third-party rights

If you configure a repository, package, organization, or profile as public, you additionally grant every other user of the Service the right to view, fork, clone, and download that User Content through the functionality of the Service. Any further rights granted to other users, including rights of use, modification, and redistribution, are governed exclusively by the license you attach to your User Content. If you publish without a license file, you should assume that other users receive no rights beyond those inherent in the Service functionality, and other users should assume the same.

6.4 Forks and derived copies

You acknowledge that the distributed nature of Git and of package ecosystems means that content you have made public may be cloned, forked, mirrored, or cached by third parties beyond our control. Deleting content from the Service will not, and cannot, retract copies already obtained by others. We accept no responsibility for the persistence of content outside our infrastructure.

6.5 Your representations

You represent and warrant, with respect to all User Content you submit, that:

1. you own it or otherwise hold all rights and licenses necessary to grant the licenses set out in this Section 6;
2. its submission and its use by us in accordance with these Terms does not infringe or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party;
3. it does not contain material that is unlawful under Applicable Law; and
4. you have complied with all licenses, notices, and attribution requirements attaching to any third-party material it incorporates.

6.6 No obligation to preserve

We operate database clusters, multi-layered caching, and cloud backups as a matter of engineering practice, not as a service to you. We are not a backup provider. You are solely responsible for maintaining your own independent copies of your User Content. Git is a distributed version control system, and you should hold a complete local clone at all times.

7.Acceptable Use

7.1 Our starting position

Upd does not audit how you write code. We do not police your tooling, your workflow, your use or non-use of machine-assisted authoring, your programming language, your architecture, or your judgment. There is no global Code of Conduct and no global stance on AI usage imposed by us upon the projects we host. Whatever is not unlawful, and not a breach of the Fair Use Policy, is permitted.

7.2 Where that ends

That freedom is bounded by three things and three things only: Applicable Law, the Fair Use Policy, and the integrity of the platform and of its other tenants. Sections 8 and 9 set out those boundaries. Conduct that falls outside them is a material breach of these Terms.

7.3 Compliance with your own obligations

You are responsible for ensuring that your use of the Service complies with all laws applicable to you, including in your own jurisdiction, and with any contractual, professional, employment, or regulatory obligations to which you are subject. Do not push material you are not permitted to disclose.

8.Prohibited and Unlawful Conduct

8.1 Illegality under United States law

You must not use the Service for any purpose, or to store, publish, distribute, facilitate, or promote any material, that is illegal under the laws of the United States of America or under the laws of the State of California. This prohibition is absolute, admits of no exception, and is not subject to the grace period in Section 12 where the conduct is of the character described in Section 12.4.

8.2 Categorically prohibited material and conduct

Without limiting the generality of Section 8.1, you must not use the Service to create, store, transmit, distribute, link to, or facilitate:

• Child sexual abuse material, or any material that sexually exploits minors, in any form and for any stated purpose. This includes synthetic and generated depictions. Such material will be reported to the National Center for Missing & Exploited Children and to law enforcement, and the responsible Account will be terminated immediately and without notice.
• Material that infringes the copyright, patent, trademark, trade secret, or other intellectual property rights of any person, including pirated software, cracked licensing mechanisms, circumvention devices prohibited under the Digital Millennium Copyright Act, and leaked proprietary source code.
• Malware, ransomware, worms, rootkits, botnet command-and-control infrastructure, credential stealers, keyloggers, cryptojacking payloads, or other software designed to cause unauthorized damage to, or unauthorized access to, computer systems, where such material is published for deployment rather than for legitimate, clearly documented security research or defensive purposes.
• Tooling or infrastructure for conducting fraud, phishing, business email compromise, credential stuffing, carding, identity theft, or unlawful surveillance, including phishing kits, spoofed authentication pages, and stalkerware.
• Stolen data, including breached credential corpora, exfiltrated personal information, stolen financial or payment card data, and unlawfully obtained trade secrets.
• Material supporting terrorism, violent extremism, incitement to violence, or the planning or commission of violent crime, or instructions for the manufacture of weapons where such publication is unlawful.
• Material facilitating the unlawful distribution of controlled substances, human trafficking, sexual exploitation, unlawful gambling, or unlicensed financial services.
• Non-consensual intimate imagery, material published to harass, dox, threaten, or intimidate an identifiable person, or personal information published without a lawful basis for the purpose of causing harm.
• Unsolicited bulk communication, spam, search engine manipulation schemes, link farms, or content published principally to manipulate ranking or reputation systems, whether ours or those of third parties.
• Material that violates United States export control laws, economic sanctions administered by the Office of Foreign Assets Control, or the International Traffic in Arms Regulations.

8.3 Security research carve-out

Section 8.2 is not intended to prohibit the legitimate practice of security research. Proof-of-concept exploit code, vulnerability reproductions, offensive security tooling, capture-the-flag material, and malware samples published for analysis are permitted where they are clearly labelled, published in good faith for research, education, or defensive purposes, and not packaged, marketed, or configured for deployment against systems the user is not authorized to test. The distinction we draw is between publishing knowledge and shipping a weapon.

8.4 Impersonation and misrepresentation

You must not impersonate any person or entity, misrepresent your affiliation with any person or entity, or use a name, namespace, or package identifier calculated to deceive users as to the origin of software, including through typosquatting or dependency confusion attacks against this or any other registry.

9.Platform Integrity and Tenant Isolation

The following conduct is prohibited absolutely and constitutes a material breach of these Terms warranting immediate enforcement:

• Unauthorized access. Accessing, or attempting to access, any account, repository, package, namespace, database, storage bucket, internal endpoint, administrative interface, or system that you have not been granted access to.
• Tenant data theft. Accessing, extracting, exfiltrating, enumerating, or attempting to obtain the private data, private repositories, credentials, tokens, keys, session material, or personal information of any other tenant of the Service.
• Privilege escalation. Attempting to elevate your privileges, bypass authentication or authorization controls, forge or replay tokens or sessions, escape isolation boundaries, or otherwise defeat the access control model of the Service.
• Platform intrusion. Attempting to compromise, hack, deface, backdoor, or gain persistence within the Service or its supporting infrastructure, including that of our infrastructure providers.
• Disruption. Conducting denial-of-service or distributed denial-of-service attacks, resource-exhaustion attacks, amplification attacks, or any other conduct calculated or reasonably likely to degrade, destabilize, or interrupt the operation of the Service or the experience of its users.
• Supply chain attack. Publishing packages, releases, or artifacts designed to compromise the systems of those who install them, including through malicious install scripts, backdoored dependencies, or trojanized builds.
• Unauthorized testing. Running vulnerability scanners, exploit frameworks, fuzzers, automated CVE probes, or penetration testing tooling against the production Service, except as expressly permitted by Section 10.
• Interference with enforcement. Circumventing, disabling, or interfering with security features, rate limits, abuse detection, moderation mechanisms, or audit logging, or destroying evidence of a breach of these Terms.
• Reverse engineering restrictions. Reverse engineering the Service for the purpose of building a competing service by unlawful means, or in violation of the licenses under which the platform's components are distributed. For the avoidance of doubt, the platform is open source and you are entitled to read, study, and modify its published source code under its license.

Conduct under this Section 9 may also constitute a criminal offense under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and under California Penal Code § 502. We reserve the right to refer such conduct to law enforcement and to cooperate fully with any resulting investigation.

10.Security Research and Responsible Disclosure

10.1 We want the report, not the incident

We welcome good-faith security research and we would very much rather hear about a vulnerability from you than discover it in production. If you believe you have found a security vulnerability in the Service, report it to support@upd.dev. Please include sufficient technical detail to allow us to reproduce the issue, and please allow us a reasonable period to remediate before any public disclosure. Ninety (90) days is the period we consider reasonable; we will usually be far quicker, and we will tell you when we have shipped a fix.

10.2 Rules of engagement

Do not run CVE scanners, exploit frameworks, or automated vulnerability tooling against our production systems. Production is where other people's code lives. Testing against it puts their data and their availability at risk, and it is precisely the conduct prohibited by Section 9. Specifically, you must not:

• run automated scanners, fuzzers, or mass CVE probes against production hosts;
• conduct denial-of-service or load testing of any kind;
• access, modify, exfiltrate, or retain data belonging to any other tenant. If you incidentally encounter another tenant's data while investigating, stop immediately, do not save it, and tell us what happened in your report;
• use social engineering, phishing, or physical intrusion against our personnel or our providers;
• pivot, escalate, or establish persistence beyond the minimum necessary to demonstrate the vulnerability;
• publicly disclose the vulnerability, or exploit it for any purpose beyond demonstration, before we have had a reasonable opportunity to remediate.

Where a vulnerability requires a proof of concept, please demonstrate it against your own Account and your own repositories. If a meaningful demonstration is impossible without touching a system you do not own, write to us first and we will work something out.

10.3 Safe harbour

If you conduct security research in good faith and in compliance with Section 10.2, we will treat that research as authorized conduct under these Terms and under the Computer Fraud and Abuse Act. We will not pursue civil action against you, we will not refer you to law enforcement, and we will not terminate your Account for the research itself. Should a third party initiate proceedings against you for research conducted in compliance with this Section, we will make it known that your conduct was authorized. This safe harbour does not extend to research conducted in breach of Section 10.2, and it does not waive the rights of any third party.

10.4 Bounties: fame, not fortune

We do not pay monetary bounties. Upd is free of charge to its users and we do not presently operate a funded rewards program. What we offer instead is credit, and we take it seriously:

• public acknowledgement in a security hall of fame, with your name or handle and a link of your choosing;
• credit in the release notes and in the commit or advisory that fixes the issue, unless you prefer to remain anonymous;
• a written account of the finding and its impact that you are free to publish once remediation is complete, and which you may reference in your professional work;
• our genuine and durable gratitude, which in a small community is worth more than it sounds.

We will always be honest with you about severity, and we will not downgrade a finding to avoid crediting it. If we introduce paid bounties in future, researchers who reported previously will be the first to know. Submitting a report grants us permission to remediate the vulnerability and to describe it publicly after the fact; it does not entitle you to any payment, and you agree that no compensation is owed.

11.Moderation and Community Governance

Upd hosts many distinct communities, each with its own values and its own rules. We do not impose a global Code of Conduct, and we do not adjudicate disputes internal to a project. Project maintainers govern their own repositories, set their own contribution standards, and are responsible for moderating the discussions within them. Contributors should refer to the rules of the specific project to which they are contributing.

Our moderation role is limited to enforcing these Terms: legality, fair use, and platform integrity. We are not an arbiter of taste, of technical merit, of methodology, or of interpersonal conflict. Where conduct within a project crosses into a breach of Section 8 or Section 9, however, it becomes our concern and we will act.

Reports of content or conduct that breaches these Terms may be sent to support@upd.dev. We review reports in good faith but do not undertake to act on every report, nor to disclose the outcome of any review to the reporting party.

12.Enforcement, Notice, and Grace Period

12.1 Our commitment to notice

We consider it a matter of basic fairness that an account should not disappear without warning. Accordingly, and save for the exceptions in Section 12.4, we undertake to notify you of the conduct we consider to be in breach, to explain what must be corrected, and to afford you a grace period in which to correct it before we terminate your Account.

12.2 Minimum notice period

The grace period will be no shorter than three (3) days from the date notice is dispatched. In practice we will usually allow longer where the remediation required is substantial, where the breach appears inadvertent, or where you are engaging with us constructively. Three days is a floor, not a target.

12.3 How notice is given and what it contains

Notice will be dispatched to the primary email address associated with your Account and, where practicable, surfaced within the Service. It will identify:

1. the conduct, content, or usage pattern we consider to be in breach;
2. the provision of these Terms we consider to have been breached;
3. the specific action required of you to bring the Account back into compliance;
4. the date and time at which the grace period expires; and
5. the means by which you may respond, contest our assessment, or request additional time.

It is your responsibility to maintain a current and monitored email address on your Account. Notice is effective upon dispatch, whether or not you read it. If you respond within the grace period and rectify the breach, or demonstrate to our reasonable satisfaction that no breach occurred, no further action will be taken.

12.4 Where notice is not given

The grace period does not apply, and we may suspend or terminate immediately and without prior notice, where:

• the content is child sexual abuse material, or the conduct constitutes an imminent threat to the physical safety of any person;
• the conduct constitutes an active attack on the Service, on our infrastructure, or on another tenant, including active intrusion, active data exfiltration, or an ongoing denial-of-service attack;
• continued operation of the Account presents an ongoing and material risk to the security, integrity, or availability of the Service or to the data of other tenants;
• the Account was created for the purpose of evading a prior suspension or termination;
• we are compelled to act immediately by a court order, by valid legal process, by a takedown obligation, or by the requirements of a regulator or of one of our infrastructure providers; or
• the breach is manifestly deliberate and the conduct is of a character that no grace period could reasonably remedy.

Where we act without prior notice, we will notify you of the action taken as soon as reasonably practicable afterwards, unless prohibited from doing so by law or by valid legal process.

12.5 Graduated response

Termination is our last resort, not our first. Depending on the nature and severity of the breach, we may instead or in addition: apply rate limits or throttling; reduce or freeze quotas; make specific content private or inaccessible; remove specific content; disable specific features for the Account; suspend the Account temporarily; or require verification of identity or of authorization. We will generally escalate proportionately.

12.6 Failure to rectify

Where notice has been given and the grace period has expired without rectification, we may proceed to terminate the Account and delete its content. We will have been fair about it. You will have been warned.

13.Suspension and Termination

13.1 Termination by you

You may terminate these Terms at any time by deleting your Account through the Service or by writing to support@upd.dev. Before doing so, retrieve any content you wish to keep. Deletion is irreversible.

13.2 Termination by us

We may suspend or terminate your Account and your access to the Service in accordance with Section 12. We may additionally terminate any Account, on thirty (30) days' notice, where we cease to operate the Service in whole or in part, or where continued provision to you becomes commercially or legally impracticable.

13.3 Dormant accounts

We may reclaim namespaces held by Accounts that have not been authenticated for a prolonged period and that hold no published content, subject to prior notice to the registered email address. We will not delete repositories or packages of a dormant Account without notice and a grace period consistent with Section 12.

13.4 Effect of termination

Upon termination, your right to access the Service ceases immediately. We may delete your User Content and your Account data, subject to the retention practices described in the Privacy Policy and to any legal obligation to preserve material. Where termination is not for conduct under Section 12.4, we will use reasonable efforts to make an export of your data available to you for a period of thirty (30) days following termination, on request to support@upd.dev.

13.5 Survival

Sections 6.3, 6.4, 6.5, 14, 17, 18, 19, 20, 22, 23, 24, and 25, together with any other provision that by its nature should survive, will survive termination of these Terms.

14.Copyright and DMCA

Kompose respects intellectual property rights and expects users of the Service to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

To submit a notice of claimed infringement, write to support@upd.dev with the subject line «DMCA Notice» and include: an electronic or physical signature of the person authorized to act on behalf of the rights owner; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing, with sufficient detail (including repository path, file path, and commit reference where applicable) to permit us to locate it; your contact details; a statement that you have a good-faith belief that the use is not authorized by the rights owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner.

If your content is removed pursuant to a DMCA notice, you may submit a counter-notice containing the elements specified in 17 U.S.C. § 512(g)(3). We will forward valid counter-notices to the complaining party and may restore the material after ten (10) business days unless we receive notice that judicial relief has been sought.

We maintain a policy of terminating, in appropriate circumstances, the Accounts of users who are repeat infringers. Submitting a materially false notice or counter-notice may expose you to liability for damages under 17 U.S.C. § 512(f).

15.Privacy

Our collection, use, and disclosure of personal information is described in the Privacy Policy, which forms part of these Terms. By using the Service you consent to the practices described there, including our use of third-party providers for telemetry, infrastructure, and service improvement.

You are separately responsible for any personal information that you or your contributors place into User Content, including in commit metadata, issues, and configuration files. Where you use the Service to process the personal information of others, you are responsible for having a lawful basis to do so.

16.Third-Party Services and Dependencies

The Service integrates with, and depends upon, third parties. These include identity providers used for authentication, infrastructure and network providers, object storage and content delivery providers, monitoring and telemetry providers, and the destinations of any webhooks or integrations that you configure.

Your use of a third-party service accessed through the Service is governed by that third party's own terms and privacy practices. We do not control third parties, we do not endorse them by integrating with them, and we accept no liability for their acts, omissions, availability, or security. Where you configure an outbound integration, you are responsible for the transmission of your data to that destination.

The Service also hosts and serves content authored by other users. We do not endorse, verify, or vouch for any package, dependency, artifact, or repository hosted on the Service. You install third-party software at your own risk and should exercise the same diligence you would apply to any other supply chain.

17.Availability; No Service Level Commitment

We engineer for speed and stability. The Service is geo-distributed, continuously monitored, and backed by database clusters, layered caching, and cloud backups, and our operational status is published at status.upd.dev. That is a description of how we build, not a contractual promise of what you will receive.

We offer no service level agreement, no uptime guarantee, and no committed response, restoration, or support times. The Service may be unavailable for scheduled maintenance, emergency maintenance, provider failure, network failure, attack, or reasons outside our control. No credit, refund, or remedy accrues to you in respect of unavailability, and none could, the Service being free of charge.

18.Disclaimer of Warranties

The service is provided «as is» and «as available», without warranty of any kind. To the maximum extent permitted by applicable law, Kompose expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Kompose does not warrant that the service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the service or the servers that make it available are free of harmful components; or that any content, including your user content, will be preserved, retrievable, accurate, or free from loss, corruption, or unauthorized access. No advice or information, whether oral or written, obtained from Kompose or through the service, creates any warranty not expressly stated in these terms.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such case, the exclusions apply to the maximum extent permitted by Applicable Law.

19.Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Kompose, its directors, officers, shareholders, employees, contractors, agents, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or anticipated savings, or for any loss, corruption, or unavailability of data or content, arising out of or in connection with these terms or the service, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not Kompose has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Kompose arising out of or in connection with these terms or the service, for all claims in the aggregate, will not exceed the greater of (a) the total amount you have paid to Kompose for the service in the twelve (12) months preceding the event giving rise to the claim, which for a service provided free of charge is zero, and (b) one hundred United States dollars (US$100.00).

You acknowledge that the Service is provided to you free of charge, that the disclaimers and limitations in Sections 18 and 19 reflect a reasonable and fair allocation of risk in those circumstances, and that they form an essential basis of the bargain between us, without which the Service would not be offered. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in such jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes liability for fraud, for gross negligence, or for any liability that cannot lawfully be excluded.

20.Indemnification

You agree to indemnify, defend, and hold harmless Kompose and its directors, officers, shareholders, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your User Content; (b) your use of or access to the Service; (c) your breach of these Terms; (d) your violation of any Applicable Law or of the rights of any third party; or (e) any conduct under Sections 8 or 9 attributable to your Account.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defense of that claim. You may not settle any matter in a manner that imposes any obligation or admission upon Kompose without our prior written consent.

21.Export Controls and Sanctions

The Service is operated from and subject to the jurisdiction of the United States. You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive United States sanctions, and that you are not identified on any United States government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control.

You agree that you will not use the Service, or export or re-export any software or technical data obtained through it, in violation of United States export control laws or economic sanctions programs. We may restrict or terminate access where required to comply with those obligations, and such action falls within Section 12.4.

22.Changes to the Terms

We may amend these Terms from time to time. Where an amendment is material and adverse to you, we will provide notice of at least thirty (30) days before it takes effect, by email to the address on your Account or by prominent notice within the Service. Non-material amendments, including corrections and clarifications, take effect upon publication.

The date of the most recent revision appears at the head of this document. Your continued use of the Service after an amendment takes effect constitutes acceptance of the amended Terms. If you do not accept an amendment, your remedy is to cease using the Service and to delete your Account before the amendment takes effect.

23.Governing Law and Venue

These Terms, and any dispute, claim, or controversy arising out of or relating to them, to their subject matter, or to their formation (including non-contractual disputes and claims), are governed by and construed in accordance with the laws of the State of California, United States of America, together with applicable United States federal law, without regard to any conflict of laws principle that would result in the application of the law of another jurisdiction.

Subject to Section 24, you and Kompose agree that the state and federal courts located in the State of California will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to the personal jurisdiction of, and venue in, those courts and waive any objection on grounds of inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

24.Dispute Resolution

Before commencing any proceeding, you agree to first contact us at support@upd.dev with a written description of the dispute and of the relief sought, and to engage in good-faith discussions for a period of thirty (30) days. Most disputes can be resolved this way, and we would prefer to resolve yours that way.

You and Kompose agree that any proceeding will be brought only in an individual capacity. Neither party may bring or participate in any class, collective, consolidated, or representative action arising out of these Terms or the Service.

Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, unauthorized access to the Service, or breach of Section 9.

Any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, or be permanently barred, save where a longer period is mandated by Applicable Law.

25.General Provisions

25.1 Entire agreement

These Terms, together with the Privacy Policy and any additional terms applicable to a specific feature, constitute the entire agreement between you and Kompose concerning the Service, and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written.

25.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions will continue in full force and effect.

25.3 No waiver

No failure or delay by Kompose in exercising any right under these Terms constitutes a waiver of that right, and no single or partial exercise precludes any further exercise. A waiver is effective only if made in writing.

25.4 Assignment

You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent, and any purported assignment in breach of this provision is void. Kompose may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, on notice to you.

25.5 No agency

Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and Kompose.

25.6 Force majeure

Kompose is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labour dispute, governmental action, power or network failure, provider failure, or malicious attack.

25.7 Third-party beneficiaries

These Terms confer no rights upon any person other than you and Kompose, save that our infrastructure providers and suppliers may rely upon the disclaimers and limitations in Sections 18 and 19.

25.8 Interpretation

Section headings are for convenience only and do not affect interpretation. The words «including», «includes», and «such as» are to be read as if followed by «without limitation». These Terms are drafted in English; any translation is provided for convenience only and the English text governs.

26.Contact

Kompose, a California stock corporation (entity number 6389732), operates the Upd.dev Service. Its registered address is 1401 21st St, Ste R, Sacramento, CA 95811, United States. All notices, questions, reports, security disclosures, and legal correspondence under these Terms should be directed to:

• General, support, and legal notices: support@upd.dev
• Security and responsible disclosure: support@upd.dev
• Copyright and DMCA: support@upd.dev (subject line: «DMCA Notice»)
• Platform status: status.upd.dev

Thank you for reading all of this. Now go write some code, however you like.