Terms of Service
Last Updated: August 14, 2024
These Terms of Service ("Terms") govern your access to and use of the Wolfware platform, including any cloud-based services and on-premise software provided by Wolfware platform (collectively, the "Service"). In these Terms, "Wolfware" ("we," "us," or "our") refers to Wolfware LLC, and "User" or "you" refers to you as the individual or entity using the Service. By creating an account or using Wolfware platform in any way, you agree to be bound by these Terms. If you are using Wolfware platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree with any part of these Terms, you must not use the Wolfware Platform.
1. Accounts and Eligibility
- Account Registration: To use Wolfware platform, you must create an account and provide accurate, up-to-date information such as your name, email address, and any other required details. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
- Age Requirement: You must be capable of entering into a legally binding contract to use Wolfware platform. In most cases, this means you must be at least 18 years old (or the age of majority in your jurisdiction). If you are under 18 but at least 13 years old, you may only use Wolfware platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms. (Wolfware platform is not intended for children under 13.)
- Account Security: You agree to use reasonable measures to secure your account (including safeguarding your password and using unique credentials). If you suspect any unauthorized use of or access to your account, you must notify us immediately. We are not liable for any loss or damage arising from your failure to secure your account or comply with these requirements.
2. Subscription Model (Cloud Services)
Wolfware platform is initially offered as a subscription-based cloud service:
- Subscription Plans: We may offer monthly and annual subscription plans for cloud access to Wolfware platform. Details of the available plans, features, and pricing are provided on our website or within the Service interface.
- Billing and Payment: By subscribing, you authorize us (or our third-party payment processor, e.g., Stripe) to charge your provided payment method for recurring subscription fees. Subscription charges will be billed in advance on a periodic basis (e.g., monthly or annually), according to the plan you select.
- No Refunds for Subscription Charges: All fees paid for cloud subscriptions are non-refundable. This includes cases of unused service periods. For example, if you cancel your subscription in the middle of a billing cycle, you will not receive a prorated refund for the remaining days in that cycle. We bill in whole periods, and your subscription will remain active until the end of the paid term.
- Cancellation: You may cancel your cloud subscription at any time via your account settings or by contacting our support team. Cancellation will stop the auto-renewal of your subscription. You will retain access to the Service until the end of your current paid period. After that, your account may be downgraded or closed, and you will lose access to subscriber-only features and any data stored in the Service (unless you have separately exported or saved it before cancellation).
- Changes to Fees: We reserve the right to change subscription fees or introduce new charges with prior notice. If we do so, we will notify you in advance (for example, by email or a notice within the Service), and the new fees will apply at the start of your next billing cycle. If you do not agree to a fee change, you may cancel your subscription before the changes take effect. Continued use of the Service after a fee change constitutes your acceptance of the new fees.
- Free Trials: If we offer a free trial for the cloud service, the terms of the trial (such as duration and any feature limitations) will be specified. After the trial ends, if you do not cancel, you will be charged as per the plan you selected when signing up for the trial. Free trials are limited to one per new customer unless otherwise stated.
3. On-Premise Licenses and Perpetual License Model
In addition to cloud subscriptions, Wolfware may offer an option to purchase an on-premise software license for customers who prefer to host and run Wolfware platform in their own environment. The on-premise license model follows a JetBrains-style perpetual fallback license approach:
- License Purchase: On-premise licenses are sold either as an annual subscription or via a monthly subscription that can be continued over time. These licenses are priced higher than equivalent cloud subscriptions because they provide additional ownership benefits and flexibility.
- 30-Day Refund Policy: We offer a 30-day money-back guarantee for on-premise license purchases. If you are not satisfied with Wolfware platform for any reason, you may request a full refund within 30 days of your initial on-premise license purchase, no questions asked. After 30 days, on-premise license fees become non-refundable.
- Perpetual Fallback License: When you purchase or subscribe to an on-premise license, you gain the right to use the Wolfware platform software version available at the start of your subscription perpetually (forever) after a qualifying period:
- If you purchase an annual on-premise license (12 months up front), you immediately receive a perpetual fallback license for the version of Wolfware platform that is current at the time of your purchase. This means even if you choose not to renew after the year, you can continue using that specific version indefinitely.
- If you subscribe on a monthly on-premise plan, you will receive a perpetual fallback license for the version of Wolfware platform that was current at the start of your subscription once you have paid for 12 consecutive months. (For example, if version 3.0 is the latest at the time you start a monthly on-premise subscription, after 12 continuous months of payments, you earn a perpetual license for version 3.0.)
- New Versions: If a new major version of Wolfware platform is released during your active on-premise subscription, you will have access to that new version as long as your subscription remains active. To gain a perpetual license for the new version, you must continue your subscription for at least 12 months after the release of that version. In other words, each version requires 12 months of subscription to keep permanently. If you decide not to renew your on-premise subscription at any point, your perpetual license will allow you to use the last version for which you qualified (but you will lose access to any newer versions released less than 12 months before cancellation).
- Updates and Support: While your on-premise license subscription is active (and you are current on payments), you are entitled to download and use all updates, patches, and new releases of Wolfware platform, and you may receive customer support. If your subscription lapses, you will no longer receive updates or support beyond the last version covered by your perpetual fallback license.
- License Key and Activation: The on-premise software may require a license key or activation linked to your account. You agree not to share license keys or circumvent any activation/license enforcement measures. Each on-premise license is intended for use by you or your organization only, according to the scope of use agreed upon (e.g., number of authorized users or installations, if applicable).
- Termination of On-Premise Subscription: If you cancel your on-premise license subscription before reaching 12 months of continuous subscription (i.e., you did not complete a full year on a monthly plan), you will not receive a perpetual license and must stop using the Wolfware platform software once your paid period ends. If you cancel after having earned a perpetual license for a version, you may continue to use that specific version under the perpetual license terms, but you must cease use of any versions for which you have not qualified for a perpetual license.
4. License Grant and Permitted Use
- Cloud Service License: When you have an active subscription to Wolfware's platform cloud service, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Wolfware platform via the cloud (web or app) for your internal business or personal purposes, in accordance with these Terms and any guidelines or documentation we provide. You do not acquire any ownership of the software or intellectual property by using the service; you are simply granted a right to use the Service while your subscription is active.
- On-Premise Software License: When you purchase an on-premise license, Wolfware grants you a limited, non-exclusive, non-transferable license to install and use the Wolfware platform software within your organization, strictly according to the terms of your purchase (such as the number of authorized users or servers, if applicable, and the perpetual fallback rules described above). This license allows you to use the Wolfware platform software for your own internal purposes or in support of services you provide to your end users.
- Permitted Uses: You may use Wolfware platform (cloud or on-premise) to develop, support, or operate your own software applications, products, or services. You may integrate Wolfware platform into your workflows and use its outputs or results in your business. For example, you can use Wolfware platform to assist in your software development process, or include analyses generated by Wolfware platform as part of services you provide to your customers. (In general, there are no special licensing restrictions on how you use the results from Wolfware's platform cloud service in your projects, aside from compliance with these Terms and applicable law.)
- Prohibited Uses (No Resale or Misuse): You may not do the following:
- Resell or Sub-License:You are not permitted to resell, rent, lease, or sub-license Wolfware platform (or any portion of it) to any third party. This means you cannot offer Wolfware platform or its individual products as-is as part of a product or service that you sell or provide to others, except as an integrated component of your own larger product or service offering as permitted above.
- Rebranding or Offering as a Competing Service: You cannot rebrand, white-label, or otherwise offer Wolfware's software or services as a stand-alone product under your own name or under another provider's name. For instance, you must not host or deploy Wolfware platform (whether the cloud service or the on-premise software) in a manner that allows third parties who are not licensed by us to use it, nor can you include Wolfware platform as the core of a competing platform or service.
- Reverse Engineering: You must not reverse engineer, decompile, or disassemble the Wolfware software, nor attempt to derive the source code or underlying ideas or algorithms of any part of the Service (except to the limited extent that such activity is expressly permitted by applicable law notwithstanding this restriction).
- Illegal or Harmful Activities: You may not use Wolfware platform in violation of any applicable laws or regulations, or to infringe the rights of others. You also must not use the Service in any manner that could harm, disable, overburden, or impair our infrastructure or interfere with any other party's use of the Service. This includes (but is not limited to) prohibitions on using Wolfware platform to transmit any viruses, malware, or harmful code, or to engage in harassment, spam, denial-of-service attacks, or other disruptive or abusive activities.
- Compliance with Laws: You are responsible for ensuring that your use of Wolfware platform is in compliance with all applicable laws and regulations, including intellectual property laws, data protection/privacy laws, and export control laws. If you are operating in a regulated industry or processing sensitive personal data using Wolfware platform, it is your responsibility to ensure you meet any special legal requirements (for example, obtaining necessary consents for personal data, or adhering to industry-specific regulations).
5. Intellectual Property Rights
- Ownership: Wolfware platform (including all software, code, algorithms, processes, user interface design, and documentation provided by us), as well as all Wolfware trademarks, logos, and branding, are the exclusive property of Wolfware LLC and are protected by copyright, trade secret, trademark, and other intellectual property laws. These Terms do not grant you any ownership interest in Wolfware platform or any intellectual property rights, except for the limited use rights expressly provided above.
- User Feedback: If you provide any feedback, suggestions, or ideas about Wolfware platform or how to improve the Service ("Feedback"), you agree that we are free to use and incorporate such Feedback in our products and services, without any obligation to you. You will not be entitled to any compensation or acknowledgement for any improvements or features developed based on your Feedback, and we shall own any resulting changes to our products.
- Your Data and Content: You retain all rights to any data, content, or materials that you upload into or create with Wolfware platform ("Your Data"). We do not claim ownership of Your Data. By using Wolfware platform, you grant us a worldwide, royalty-free license to host, process, transmit, and display Your Data only as needed to provide the Service (for example, to store your projects or analyze data at your request). This license is for the sole purpose of enabling us to operate and improve the Service and perform the requests you make using Wolfware platform. We will handle Your Data in accordance with our Privacy Policy and applicable law. You are responsible for ensuring that you have all necessary rights to use Your Data with Wolfware platform and for the legality of Your Data (e.g., that uploading or processing it via Wolfware platform does not violate any laws or rights of others).
- Third-Party Components: Wolfware platform may include or interoperate with certain third-party or open-source software components that are subject to separate license terms. We will provide any necessary notices or attribution for third-party components (for example, in our documentation or within the software). Your use of those components as part of Wolfware platform is subject to the respective third-party licenses, which will not materially diminish your rights or increase your obligations under these Terms.
6. Termination
- By You: You may stop using the Wolfware Service at any time. If you wish to terminate your account, you may do so through the account settings or by notifying us in writing (e.g., via email). Terminating your account will cease your access to the Service and delete or disable your user credentials. Note that if you have an on-premise license with a perpetual component, termination of your account will not invalidate any perpetual license you have earned for a specific version, but you will lose access to any continued updates or cloud features.
- By Us: We reserve the right to suspend or terminate your access to Wolfware platform (including disabling cloud account access or on-premise license keys) at any time, with or without notice, for any of the following reasons: (a) if you violate these Terms or our Privacy Policy; (b) if you infringe or misappropriate our intellectual property or that of others; (c) if your use of the Service poses a security risk or could subject us to liability; (d) if you fail to pay any subscription or license fees when due; or (e) if we decide to discontinue the Service (though we would provide advance notice in this case). We will attempt to provide notice and an opportunity to resolve the issue (if feasible) before terminating for cause, but we are not required to do so.
- Effect of Termination: Upon termination or expiration of your subscription, your right to access or use the cloud Service will immediately cease. We may delete or disable your cloud-based data after termination, so please ensure you have backed up any information you need prior to ending your subscription. If we terminate your account due to a breach of these Terms, you will not be entitled to any refund of fees paid. If you terminate your account or choose not to renew a subscription, you will not receive a refund for any unused portion of the service (except as explicitly allowed under the 30-day refund policy for initial on-premise purchases). On termination, all provisions of these Terms which by their nature should survive will remain in effect (such as provisions on intellectual property, warranty disclaimers, limitations of liability, and indemnification, as well as any perpetual license rights you have acquired).
- Data Portability: If your account is terminated or expires, we may allow you to retrieve Your Data from the cloud service upon request, provided you make such request promptly and your fees are paid up. We have no obligation to retain Your Data after termination and may delete it in accordance with our data retention policies (as described in the Privacy Policy).
7. Disclaimer of Warranties
Wolfware platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Wolfware LLCdisclaims all warranties of any kind, whether express, implied, or statutory, regarding the Service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing or usage of trade.
In particular, we do not guarantee or warrant that:
- The Service will meet your specific requirements or expectations.
- The Service will be uninterrupted, timely, secure, or error-free.
- The results, outputs, or data that may be obtained from the use of the Service will be accurate, reliable, or fit for your particular purposes.
- Any errors or defects in the Service will be corrected promptly or at all.
You understand that use of the Service is at your own discretion and risk. Wolfware platform may experience occasional downtime, outages, or errors, and you assume all risk for any damage to your computer system, loss of data, or other harm that results from your access to or use of the Service. We recommend that you maintain your own backup copies of any important data you use with Wolfware platform (especially for on-premise use).
Some jurisdictions do not allow the exclusion of certain warranties. If such laws apply to you, some of the above exclusions may not apply, and the duration of any required warranties will be the minimum permitted by law.
8. Limitation of Liability
To the maximum extent permitted by law, in no event will Wolfware LLC or its directors, officers, employees, affiliates, agents, or licensors be liable to you or any third party for any of the following arising out of or related to your use of (or inability to use) the Service:
- Indirect or Consequential Damages:We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind (including, but not limited to, loss of profits, loss of revenue, loss of business opportunity, loss of data, or business interruption), even if we have been advised of the possibility of such damages.
- This exclusion and waiver applies to all causes of action, whether based in contract, warranty, tort (including negligence), strict liability, or any other legal theory.
If, notwithstanding the above, Wolfware is found liable to you for any damage or loss arising out of or related to these Terms or your use of the Service, our total cumulative liability shall in no event exceed the amount you have paid to Wolfware for the applicable Service in the twelve (12) months immediately preceding the event giving rise to the liability (or, if you have not paid any fees, $100 USD). This limitation applies cumulatively to all claims, actions, and causes of action of every kind and nature.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Wolfware LLC and its officers, directors, employees, and agents (the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to:
- Your use or misuse of the Service (including any on-premise software or cloud features).
- Your violation of any provision of these Terms or any applicable law or regulation.
- Your infringement or violation of any intellectual property, privacy, or other rights of any third party.
- Any content or data you (or anyone using your account) submit, post, or transmit using the Service (including any claims that Your Data infringes or misuses a third party's rights).
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 that case, you agree to cooperate with our defense of those claims and you may not settle any such claim without our prior written consent. Your indemnification obligations will survive any termination or expiration of your account or these Terms.
10. Governing Law and Dispute Resolution
- Governing Law: These Terms and any dispute or claim arising out of or relating to these Terms or the Service will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. Notwithstanding the foregoing, if you are a consumer in a jurisdiction with laws that give you mandatory consumer protections, those protections will remain in effect.
- Jurisdiction and Venue: You agree that any dispute arising out of or relating to these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of California, USA. You hereby consent to the personal jurisdiction of those courts and waive any objections to venue (including claims of inconvenient forum). If you reside outside of the United States, you acknowledge and agree that you are voluntarily subjecting yourself to the jurisdiction of the courts in California, and that you may bring any claims against Wolfware only in the California courts.
- Alternative Dispute Resolution: Before initiating any formal legal action, we encourage you to contact us to discuss the issue and seek resolution. Many user concerns can be resolved quickly and to the customer's satisfaction by our support team. If we are unable to resolve a dispute informally, you and Wolfware may voluntarily agree to submit the matter to mediation or binding arbitration. However, unless otherwise agreed by both parties, either party retains the right to bring an action in court.
- Injunctive Relief: Notwithstanding the above, either party may seek interim or injunctive relief (e.g., a court order for immediate action or to stop certain conduct) in any court of competent jurisdiction, if necessary, to prevent irreparable harm. For example, Wolfware may seek injunctive relief to prevent unauthorized use or disclosure of its intellectual property or confidential information.
11. Changes to These Terms
Wolfware may modify or update these Terms of Service from time to time. If we make material changes, we will provide you with reasonable notice by posting the updated Terms on our website and updating the "Last Updated" date above, and/or by sending a notification to the email address associated with your account. It is your responsibility to review any such changes.
By continuing to use Wolfware platform after updated Terms have been posted (and after any notice period, if applicable), you agree to the revised Terms. If you do not agree to the changes, you must stop using the Service and, if applicable, cancel any subscriptions. Any updated Terms will supersede all prior versions.
12. Miscellaneous
- Entire Agreement: These Terms (together with the Privacy Policy and any additional terms you agree to when using particular elements of the Service) constitute the entire agreement between you and Wolfware regarding the Service and supersede all prior agreements, understandings, or representations (whether written or oral) relating to the same subject matter.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
- Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provision is void. Wolfware may assign these Terms or any rights/obligations hereunder to any third party as part of a merger, acquisition, sale of assets, or by operation of law, or otherwise with or without notice to you.
- No Third-Party Beneficiaries: These Terms are for the benefit of you and Wolfware only. Except as expressly provided in these Terms, no third party has any rights to enforce or enjoy the benefit of any provision of these Terms.
- Relationship of Parties: You and Wolfware are independent contractors. These Terms do not create any partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
- Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
13. Contact Information
If you have any questions about these Terms or need to contact us for any reason, please reach out to us:
Wolfware LLCEmail: [email protected]Address: Jackson, TN 38305, USA
By using Wolfware platform, you acknowledge that you have read, understood, and agree to these Terms of Service. If you do not agree, please refrain from using the Service. Thank you for choosing Wolfware products!