Terms of Service

Welcome to Customary, Inc. (the "Company", "we", "us", or "our"). These Terms of Service (the "Terms") govern your access to and use of our platform-as-a-service and hosting services (collectively, the "Services") provided through our website at customary.dev (the "Website").

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Services.

2. Services

a. We provide platform-as-a-service and hosting services that allow users to upload, install, host, and manage their own code, applications, and content.

b. Users are solely responsible for their content and any associated intellectual property rights. We make no claim of ownership over user content.

c. We reserve the right to remove any user content that we determine, in our sole discretion, to be illegal or in violation of these Terms.

3. Accounts and Registration

a. To use the Services, you must create an account with us. You are responsible for maintaining the confidentiality of your account credentials.

b. You must provide accurate and complete information when creating an account. Failure to do so constitutes a breach of these Terms.

4. Payment and Fees

a. Certain Services may be subject to fees, which will be disclosed to you prior to your use of those Services.

b. We do not offer any free trial or free tier services.

c. You authorize us to charge your payment method on file for all applicable fees.

5. User Conduct

a. You are solely responsible for your use of the Services and any content you upload, post, or transmit through the Services.

b. You agree not to use the Services for any unlawful purposes or in any way that violates these Terms or applicable laws.

6. Intellectual Property

a. The Services and Website, including all text, graphics, images, software, and other content, are owned by the Company or our licensors and are protected by copyright, trademark, and other intellectual property laws.

b. You may not modify, reproduce, distribute, create derivative works from, or otherwise use or exploit the Services or Website without our prior written consent.

7. Third-Party Services and APIs

a. Our Services may integrate with or depend on third-party services, APIs, and software.

b. Your use of such third-party services is subject to their respective terms and policies, and we disclaim any liability or responsibility for their performance or conduct.

8. Modifications and Updates

a. We reserve the right to modify or update these Terms at any time by posting the updated Terms on our Website.

b. Your continued use of the Services after any such modification constitutes your acceptance of the updated Terms.

9. Termination

a. We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.

b. Upon termination, your right to use the Services will immediately cease, and you must promptly cease all use of the Services.

10. Limitation of Liability

a. The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services or violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state of [Your State]. Any dispute arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13. Miscellaneous

a. These Terms constitute the entire agreement between you and the Company regarding the Services and supersede any prior agreements or understandings, whether written or oral.

b. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

c. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

If you have any questions or concerns about these Terms of Service, please contact us at [email protected].