Terms of Service

Contact Information

Tugboat QA, LLC. 525 Kellogg Ave #803, Ames, IA 50010
Website: https://www.tugboatqa.com
Customer Service Email: support@tugboatqa.com

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Definitions

• "Service” refers to the applications, software, products, and services provided by Tugboat.
• “Tugboat” refers to Tugboat QA, LLC., a Rhode Island corporation.
• “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan.
• The “Website” refers to Tugboat’s website located at tugboat.qa, and all content, services, and products provided by Tugboat at or through the Website. It also refers to Tugboat-owned subdomains of tugboat.qa, such as dashboard.tugboat.qa and docs.tugboat.qa.

Account Terms

• A human must create your account (no bots)
• You must be 13 or over
• You must provide a valid email address
• Your login may only be used by one person
• You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

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Acceptable Use

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

Don’t post content that

• is unlawful or promotes unlawful activities;
• is or contains sexually obscene content;
• is libelous, defamatory, or fraudulent;
• is discriminatory or abusive toward any individual or group;
• contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

When you use Tugboat, you agree you will not:

• harass, abuse, threaten, or incite violence towards any individual or group, including Tugboat employees or other Tugboat Users;
• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
• attempt to disrupt or tamper with Tugboat's servers in ways that could harm our Website or Service, to place undue burden on Tugboat's servers through automated means, or to access Tugboat's Service in ways that exceed your authorization;
• impersonate any person or entity, including any of our employees or representatives, including through false association with Tugboat, or by fraudulently misrepresenting your identity or site's purpose; or
• violate the privacy of any third party, such as by posting another person's personal information without consent.

Tugboat does not allow any form of scraping for any reason. Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler.

If we determine your bandwidth usage to be significantly excessive in relation to other similar Tugboat customers, we will notify you by email and if necessary, in our reasonable discretion, to protect the proper functioning of our Service, we will throttle your file hosting or else, upon written notice, suspend your account until you can reduce your bandwidth consumption.

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Support

You may create a helpdesk ticket by emailing support@tugboat.qa. We will do our best to respond within one (1) business day, however our normal Support Hours are 7:00 am through 7:00 pm Central time, with the exclusion of the following holidays:

• New Year’s Day - January 1
• Martin Luther King, Jr. Day - third Monday in January
• Memorial Day - fourth Monday in May
• Independence Day - July 4
• Labor Day - first Monday in September
• Thanksgiving Day - fourth Thursday in November
• Christmas Eve - December 24
• Christmas Day - December 25

Tugboat only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support. Documentation for the platform is available online at https://docs.tugboat.qa.

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Usage Limits

Tugboat Previews are subject to the following usage limits:

• Previews have a soft bandwidth limit of 10GB per month.

If your site exceeds these usage quotas, we may not be able to serve your site, or you may receive a polite email from support suggesting strategies for reducing your site's impact on our servers, or moving to a different hosting service that might better fit your needs.

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User Generated Content

You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

• We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates our terms or policies.
• You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service.
• To the extent such an agreement is not enforceable by applicable law, you grant Tugboat a nonexclusive, revocable, worldwide, royalty-free right to (1) use the Content without attribution strictly as necessary to render the Website and provide the Service; and (2) make reasonable adaptations of the Content. (to make search work on the site, for example)

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Intellectual Property Notice

We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

The look and feel of the Website and Service is copyright Tugboat QA, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Tugboat.

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Payment

You are responsible for any fees associated with your use of Tugboat. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

Pricing

Our pricing and payment terms are available at https://tugboat.qa/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

Upgrades, Downgrades and Changes

• We will immediately bill you when you upgrade from the free plan to any paying plan.
• If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
• You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account.

Billing Schedule; No Refunds

• The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
• In order to treat everyone equally, no exceptions will be made.

Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, or other approved methods of payment for fees that you authorize for Tugboat.

Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Tugboat any charge incurred in connection with your use of the Service. If you dispute the matter, contact Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

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Cancellation and Termination

Account Cancellation

It is your responsibility to properly cancel your account. You can cancel your account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.

Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

Tugboat May Terminate

We reserve the right to immediately suspend or terminate your account without any notice, if, in our sole discretion, we determine that:

• your continued use of our Service may result in harm to us, our Service (including the systems used to provide the Service) or our customers; or
• you have threatened to or have violated applicable law, the TOS, or the legal rights of another.

You agree that we will not be liable to you or any third party for any liabilities, claims or expenses arising from any suspension or termination of your account.

Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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Communication with Tugboat

We use email to stay in touch.

Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

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Disclaimer of Warranties

We provide our service as is, and we make no promises or guarantees about this service.

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Limitations of Liability

We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement.

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Release and Indemnification

You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

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Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments.

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Miscellaneous

Free Accounts

For accounts using the Free tier of service, Tugboat will automatically delete Previews which have not been accessed or modified for 30 days to reclaim disk space. No data within your repository will be removed by the Service.

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Tugboat and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Rhode Island.

Non-Assignability

Tugboat may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect.

Complete Agreement

These Terms of Service, together with the Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Tugboat relating to the subject matter of these terms.

Questions

Questions about the Terms of Service? Contact us.

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