Your Agreement with Takeout.
Last edited on 2022/08/25
1.1 These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with “Takeout” (operated by Sourfruit) (“us”, “we”, or “our”) and its subsidiaries and Affiliates (as defined below) involved in providing Takeout’s services.
1.2 Please read these Terms and Conditions carefully before using the Service.
1.3 “Takeout’s services” means Takeout’s website, the Takeout API and any other software or services offered by Takeout in connection to any of those. “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.4 By accessing or using Takeout you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access Takeout.
2.1 Some parts of the Service are billed on a subscription basis Subscription(s). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis and are paid via PayPal.
2.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Takeout cancels it. You may cancel your Subscription renewal either through PayPal or by contacting Takeout’s support email.
2.3 A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide PayPal with accurate and complete billing information including full name, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Takeout to charge all Subscription fees incurred through your account to any such payment instruments.
2.4 Should automatic billing fail to occur for any reason, Takeout will cancel your services until the outstanding amount is paid in full.
3.1 Takeout, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
3.2 Takeout will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
3.3 Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
4.1 Certain refund requests for Subscriptions may be considered by Takeout on a case-by-case basis and granted in sole discretion of Takeout.
5.1 You must provide accurate and complete registration information any time you register to use Takeout. You are responsible for the security of your token (and your GitHub account) and for any use of your account. If you become aware of any unauthorized use of your token or of your account, you agree to notify Takeout immediately.
5.2 Your use of Takeout’s services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
5.3 You agree not to (a) access (or attempt to access) the administrative interface of Takeout by any means other than through the interface that is provided by Takeout in connection with Takeout’s services, unless you have been specifically allowed to do so in a separate agreement with Takeout, or (b) engage in any activity that interferes with or disrupts Takeout’s services (or the servers and networks which are connected to Takeout’s services).
5.4 Some accounts have “hard” and “soft” usage limits, while others may only have “soft” usage limits, as further explained in the Acceptable Use Policy (Section 11.3) (or such URL as Takeout may provide). Takeout does not permit you to exceed the hard usage limits if they’re applicable to you (a free account with a hard limit of 500 emails a month). Takeout reserves the right to enforce soft usage limits in its sole discretion, which may result in Takeout serving a “quota exceeded” message to you. Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
5.4 You may not access Takeout for the purpose of bringing an intellectual property infringement claim against Takeout.
6.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Takeout.
6.2 Takeout has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Takeout shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
6.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
7.1 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
7.2 Upon termination, your right to use the Service will immediately cease.
7.3 You may terminate these Terms at any time by canceling your account with Takeout. You will not receive any refunds if you cancel your account.
7.4 You are solely responsible for exporting your content from Takeout 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.
8.1 You acknowledge and agree that Takeout (or Takeouts’s licensors) own all legal right, title and interest in and to Takeout, including any intellectual property rights which subsist in the Takeout (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
9.1 Takeout grants you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Takeout as part of Takeout’s services. This license is for the sole purpose of enabling you to use and enjoy the benefit of Takeout as provided by Takeout, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Takeout 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 Takeout, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by Takeout.
9.3 Open source software licenses for components of Takeout’s 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 Takeout for the use of the components of Takeout released under an open source license.
Your use of the Service is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Takeout in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our Acceptable Use Policy at any time, and pursuant to these terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:
Content that infringes a third party’s rights (e.g., copyright) according to applicable law
Excessively profane content
Hate-related or violent content
Content advocating racial or ethnic intolerance
Content intended to advocate or advance computer hacking or cracking
Other illegal activity, including without limitation illegal export of controlled substances or illegal software
Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights
Customer agrees not to, and not to allow third parties (including End Users) to use the Service:
to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act)
to engage in, promote or encourage illegal activity for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme, etc.)
to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature
to interfere with the use of the Services, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users
to disable, interfere with or circumvent any aspect of the Service
to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisements or other solicitations (“spam”)
11.3 Soft limits
Takeout enforces guidelines to help ensure that all users enjoy high levels of availability.
If you subscribed to Takeout+, you can send infinite emails. These emails cannot be all at once or over a short period of time. You will be rate limited, but will keep the ability to send unlimited emails.
If you subscribed to Takeout’s free tier, you can send up to 500 free emails per month.
In the event you use Takeout to “spam” other users of the internet, Takeout has the right to disable or to terminate your account.
In the event that your resource usage constitutes a threat to the integrity, availability and resilience of Takeout’s systems and Service, determined at the sole discretion of Takeout, Takeout may suspend or terminate your usage of Takeout’s services. We will try to provide you with a warning in advance, in all but the most severe cases.
You agree that Takeout, 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 Takeout’s services.
In no event shall Takeout, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Takeout, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.