Terms of Service

1. Definitions

"Open-Source Core" means the core TermFlow application, licensed under the Apache License, Version 2.0.

"Pro Components" means the optional paid peering fabric and related features, licensed under the Functional Source License 1.1, Apache-2.0 Future License, and included only in Pro builds of the Software.

"Component Licenses" means, collectively, the Apache License 2.0, the Functional Source License 1.1 (for Pro Components), and the third-party open-source licenses identified in the Software’s third-party notices.

2. License grant

Open-Source Core. Your rights in the Open-Source Core are granted under the Apache License 2.0 and are not limited by this Agreement.

Pro Components. Subject to your compliance with this Agreement and payment of any applicable fees, your rights in the Pro Components are granted under the Functional Source License 1.1, which permits use for any purpose other than a Competing Use (as defined in that license) and converts to the Apache License 2.0 two years after each version’s release.

This Agreement supplements, and does not replace, the Component Licenses. In the event of a conflict between this Agreement and a Component License with respect to the licensed component, the Component License controls for that component.

3. Restrictions

You will not: (a) use the Pro Components for a Competing Use as defined in their license; (b) remove or alter any copyright, trademark, or license notices in the Software; or (c) use the Software in violation of applicable law or the Component Licenses. Except as permitted by the Component Licenses or by mandatory law, you will not misrepresent the origin of the Software.

4. Ownership

The Software is licensed, not sold. PMT Labs and its licensors retain all right, title, and interest in and to the Software, except for the rights expressly granted to you under this Agreement and the Component Licenses. "TermFlow" and the TermFlow logo are trademarks of PMT Labs LLC; this Agreement grants you no right to use them except to identify the Software.

5. Third-party components

The Software includes third-party open-source components licensed under their own terms, listed in the Software’s third-party notices and summarized on our Licenses page. Those terms apply to their respective components.

6. Updates

The Software may check for and, if you choose, install updates. Updates are provided under this Agreement and the applicable Component Licenses unless accompanied by different terms.

7. Privacy

Your use of the Software is subject to our Privacy Notice, which describes what limited data the Software processes (such as update checks and, for Pro purchases, payment and license information).

8. Term and termination

This Agreement is effective until terminated. It terminates automatically if you materially breach it. On termination you must stop using and remove the Software. Sections 3 through 5 and 8 through 12 survive termination. Termination of this Agreement does not, by itself, revoke rights separately granted to you under the Component Licenses.

9. Disclaimer of warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PMT LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PMT LABS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID PMT LABS FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY U.S. DOLLARS (US$50). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Governing law and venue

This Agreement is governed by the laws of the State of Texas, USA, excluding its conflict-of-laws rules. The exclusive venue for any dispute arising out of or related to this Agreement will be the state and federal courts located in Texas, and you consent to the personal jurisdiction of those courts, to the extent permitted by applicable law.

12. General

Entire Agreement. This Agreement, together with the Component Licenses and the Privacy Notice, is the entire agreement between you and PMT Labs regarding the Software and supersedes any prior agreements on that subject.

Changes. We may update this Agreement for new versions of the Software; the version you accepted governs the version you use.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect.

No Waiver. Our failure to enforce a provision is not a waiver of it.

Contact. Questions about this Agreement: [email protected].