We are P10Y Software, Corp. (“Company,” “we,” “us,” “our”), a company registered in Texas, United States at 1401 Lavaca St no 150, Austin, TX 78701, USA, Austin, TX 78701.

We operate the website p10y.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Research Services”).

We are a team of software researchers conducting a comprehensive study on software engineering productivity. As part of our study, we offer the following solution to our participants:

Proprietary solution contains an algorithm to measure software engineering productivity and is geared towards boosting developer productivity, encompassing:

  • Interactive Dashboards: Offering real-time data visualization and metrics for engineering teams to monitor output and make data-driven decisions.
  • Actionable Insights: The solution provides insights based on data analysis to help teams optimize their workflows and processes.

This setup is intended to provide a comprehensive environment for our study participants to explore and improve their software engineering practices, while also contributing valuable data and insights to our research on software engineering productivity.

You can contact us by phone at (US)(650) 518-8214, email at support@p10y.com, or by mail to 1401 Lavaca St no 150, Austin, TX 78701, USA, Austin, TX 78701, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and P10Y Software, Corp., concerning your access to and use of the Services. You agree that by accessing the Research Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By accepting the Agreement, either by signing up to participate in the Research online, by a separate contract between You and Us, by starting to use or authorizing any User (as defined below) to access or use any of the Services, or by otherwise indicating your acceptance of the Agreement, You:

  • Agree and understand that, from the Effective Date (as defined below), a legally binding contract will exist between You and Us for Research purposes which will be governed by the terms of this Agreement.
  • Warrant and represent that where You are entering into the Agreement on behalf of another legal entity such as a company or organization (“Entity”), You are agreeing and entering on behalf of that Entity and You are authorized to bind that Entity to this Agreement, and any reference to “You” and “Your” shall additionally mean that Entity.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

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TABLE OF CONTENTS

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1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

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Definitions

The following words and expressions will have the following meanings:

  • User(s): Refers to the individual or entity that uses the Services provided by Us. The user agrees to the terms and conditions of the Service.
  • Services: The functions, tasks, or activities, including the Research, provided by Us to the user. This can include software, support, content, or any other offerings provided as part of the agreement.
  • Submissions: Any content, ideas, feedback, or other materials provided by the user to Us. This may include the codebase, suggestions, concepts, documents, or other information submitted by the user.
  • Confidential Information: Any non-public, proprietary information disclosed between the user & Us. This can include technical data, or other sensitive information that is intended to be kept private.
  • Feedback: Comments, suggestions, or opinions provided by the user regarding the services, often used by P10Y to improve or enhance its offerings.
  • Research Activities: Any actions, tasks, or processes conducted with the objective of acquiring, analyzing, or interpreting data, knowledge, or insights. These activities are performed in connection with the intended Services and may involve experiments, studies, surveys, observations, or any other systematic investigations.
  • Researcher(s): An individual or group of individuals associated with P10Y and engaged in research activities for the purpose of providing the intended Services. This term may also refer to any entity participating in research activities as part of the Services.
  • Participant(s): A user who engages in research activities, studies, or experiments. The participant may provide data or other inputs as part of their involvement.
  • Study: A structured and systematic investigation conducted as part of the Research activities to gather, analyze, and interpret data or information. This process is undertaken in connection with the intended Services, aiming to explore, understand, or validate specific hypotheses, outcomes, or questions related to the research objectives.
  • Documentation: Written or electronic materials that provide instructions, guidelines, or other information about the services. This might include user manuals, technical guides, or other support documents.
  • Effective Date: The date on which the agreement or terms of service become binding and enforceable. This is often the date the user registers on the platform to use the services.

a) words in the singular include the plural;
b) reference to a person includes a legal person (such as a limited company) as well as a natural person;
c) a reference to “party” will mean either Us or You and “parties” will mean both Us and You;
d) reference to “including” or any similar terms in this Legal Terms will be treated as being by way of example and will not limit the general applicability of any preceding words; and
e) reference to any legislation will be to that legislation as amended, extended, or re-enacted from time to time and to any subordinate provision made under that legislation.

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2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

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Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@p10y.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify Us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to You in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

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Your Submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

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Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You.

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You are responsible for what you post or upload

By sending us Submissions through any part of the Services you:

  • confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Submissions are original to You or that You have the necessary rights and licenses to submit such Submissions and that You have full authority to grant us the above-mentioned rights in relation to your Submissions; and
  • warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

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3. Proprietary Information

“Proprietary Information” is defined as information which is in the possession of the party disclosing the information (the “Disclosing Party”), is not generally available to the public and which the Disclosing Party (or any of its affiliates) desires to protect against unrestricted disclosure or competitive use and includes, without limitation, any business, marketing, sales, financial or technical information, including without limitation, any information relating to the present and future business affairs, operations, methods, techniques, software, copyrights, patents, trade secrets or other items or information to which the party disclosing the information possesses intellectual property rights, and the capabilities or financial condition of the Disclosing Party (or any of its affiliates), whether such information is written or oral, which is designated as proprietary in writing or orally by the Disclosing Party at the time of disclosure to the other party (the “Receiving Party”), or summarized in writing designating the same as “proprietary” within fifteen (15) days after disclosure to the Receiving Party.

It is understood that the term “Proprietary Information” does not include information which:
(i) has been or becomes published or is now or is in the future in the public domain through no action of the Receiving Party;
(ii) prior to disclosure hereunder, is within the legitimate possession of the Receiving Party as evidenced by competent written proof;
(iii) subsequent to disclosure hereunder, is lawfully received by the Receiving Party from a third party having rights therein without restriction of the third party’s rights to disseminate the information and without any restriction against its further disclosure;
(iv) is independently developed or acquired by the Receiving Party through persons whom the Receiving Party can demonstrate have not had, either directly or indirectly, access to or knowledge of such Proprietary Information.

Neither the execution of these Legal Terms nor the furnishing of any information hereunder shall be construed as granting to any party or any of its Representatives, either expressly or by implication, any license or right to use any Proprietary Information for its own benefit or the benefit of any other person, firm or entity, and each party expressly agrees not to so use any such information. Nothing contained in these Legal Terms shall be construed as conferring any rights, by license or otherwise, to any invention, discovery, or improvement made, conceived or acquired prior to, during or after the date of these Legal Terms.

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4. Confidentiality

Each Party agrees that it may receive or have access to proprietary, confidential, and/or trade secret information (“Confidential Information”) of the other Party. Both parties acknowledge and agree to maintain the confidentiality of such information.

Confidential Information does not include information that:

  • Is or becomes publicly available without breach of this Agreement;
  • Is already known to the receiving Party at the time of disclosure;
  • Is independently developed by the receiving Party without access to or use of the Confidential Information.

Neither Party shall use the other Party’s Confidential Information for any purpose other than the Research activities and the intended Services.

For the purpose of running static code analysis, P10Y will create temporary clones of the Participant and/or User’s source code. Upon concluding the algorithmic analysis, any source code will be deleted, and we will never create any permanent copies of the Participant’s source code.

P10Y agrees to maintain in confidence all source codes analyzed to conduct the Research activities as well as provide the intended Services by using reasonable physical and other security measures. We further agree not to disclose any source code version of the Participant(s) and User(s), or any aspect thereof (including, without limitation, header files), to anyone other than employees or contractors who have a need to know or obtain access to such data to support P10Y’s authorized use of the source code and are bound to protect such information against any other use or disclosure.

These obligations shall not apply to any information generally available to the public, ascertainable based on the operation of the binary code version of applications, independently developed or obtained without reliance on the Participant and/or User’s information, or as approved for release in writing by the Participant and/or User without restriction.

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5. User Representations

By using the Services and participating in the Research activities, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Legal Terms;
  4. you are not a minor in the jurisdiction in which you reside;
  5. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  6. you will not use the Services for any illegal or unauthorized purpose; and
  7. your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). In such cases, we are not responsible for the accuracy of the insights and data representation provided by our Services.

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6. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You will designate one (1) or more natural persons as the responsible party for communication with Us, and for adding or removing Users (the “Administrator”). You warrant and represent that the Administrator will have the authority to bind the User and/or Participant, except that another duly authorized representative of the User and/or Participant may change the Administrator by giving notice to us via email or, if applicable, by assigning the role to a duly authorized User and/or Participant within the Application.

The Administrator may add or remove Users and/or Participants by inviting colleague(s) during the online sign-up process, which involves providing Us their email address(es), or by adding colleague(s) within the Settings section of your account, again by providing Us their email address(es). By adding User(s) and/or Participant(s), you instruct us to contact such User(s) and/or Participant(s) to notify them of the Services and Research activities in order for them to gain access to some or all of such Services and Activities. You warrant to us that prior to adding a User, you have informed such User and gained consent from them for us to contact them in this regard, and further warrant that you have provided them with our Privacy Policy upon which their consent is based. You undertake to only provide colleagues’ work email address(es) and never any personal email address(es) or contact information about a person whom you have not complied with the preceding obligations in respect of.

You will, and will ensure that the User and/or Participant will, immediately notify Us if You, the User, and/or a Participant become aware of any breach of these Legal Terms.

You will be responsible for all access to and use of the Services by your User(s) and/or Participant(s). You will be responsible for ensuring the security and confidentiality of all log-on identifiers, including usernames, API keys, and passwords, assigned to, or created by you or any of your User(s) and/or Participant(s) in order to access or use the Services. You further acknowledge and agree that you will remain responsible for all activities that occur under any User(s) and/or Participant(s) account and any activity relating to the API accessed through your API key.

You will keep complete and accurate records of the User(s) and/or Participant(s) and produce such records to us on request from time to time.

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7. Representations of the Researcher/Service Provider

The Researcher represents and warrants that:

  • it is duly incorporated or organized, validly existing, and in good standing under the laws of the jurisdiction of its incorporation or organization;
  • it has the power, authority, and legal right to enter into these Legal Terms and to perform the activities contemplated hereunder, and that it has taken all necessary corporate action to authorize execution of these Legal Terms to the extent required;
  • it has obtained or will obtain, to the extent required, all necessary consents, approvals, and authorizations required to be obtained related to the performance of these Legal Terms; and
  • the execution and delivery of these Legal Terms will not conflict with or violate any requirement of any applicable law or regulation and does not conflict with or constitute a default under any contractual obligation enforceable against it.

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8. Duration of the Commitment

The User(s) and/or Participant(s) agree to a one-year commitment to this Study and intended Services, during which they will provide continuous access to their source code repositories and respond to periodic survey questions.

The User(s) and/or Participant(s) reserve the right to revoke Our access to the source code repositories at any time, for any reason.

If the Participant revokes access to the source code repositories during the one-year commitment, We may exclude the User(s) and/or Participant(s) from the intended Services, including the Research activities.

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9. Purchases and Payment

We currently do not accept payment.
If you are unsatisfied with our Services, please email us at support@p10y.com or call us at (US)(650) 518-8214.

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10. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services unless such restriction is not permitted by law.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another User(s) and/or Participant(s) or use the username of another User(s).
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Permit or facilitate any third party to access or use the Services.
  • Provide false identity information.
  • Develop or use our App to provide products or services that conflict or compete with our Services.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

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11. Contribution License

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

If You or any User(s) and/or Participant(s) provide Us with any feedback, comments, suggestions, enhancements, recommendations, or other input concerning the Services or any part thereof (collectively, “Feedback”), You hereby assign and/or procure Users and/or Participant(s) to assign to Us all right, title, and interest in and to the Feedback, and agree and understand that We are free to use the Feedback without payment, attribution, or restriction.

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12. Publication of Results

We have the right to publish the results of the Study. However, all published results will be anonymized, ensuring that no identifiable information related to the User(s) and/or Participant(s), its employees, or its source code is disclosed with the exception being a list of User(s) and/or Participant(s) attached as an annex to the study.

The User(s) and/or Participant(s) will have the opportunity to review any results prior to publication to verify that no identifiable information is included.

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13. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

  1. Providing your Third-Party Account login information through the Services; or
  2. Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting Us access to any Third-Party Accounts, you understand that:

  1. We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists.
  2. We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

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14. Third-party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

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15. Services Management

We reserve the right, but not the obligation, to:

  1. Monitor the Services for violations of these Legal Terms;
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

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16. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

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17. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If either Party wishes to terminate participation in the Study and/or the provision or acceptance of the intended Services before the end of the one-year commitment, they may do so with a 30-day written notice. The confidentiality obligations in Section 4 and the data use obligations in Section 25 will survive any termination or expiration of this commitment.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

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19. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

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20. Dispute Resolution

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Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

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Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States of America, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the United States of America, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

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Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

  • No arbitration shall be joined with any other proceeding;
  • There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
  • There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

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Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

  • Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
  • Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
  • Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

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21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

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22. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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23. Limitations OF Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Use of the Services;
  2. Breach of these Legal Terms;
  3. Any breach of your representations and warranties set forth in these Legal Terms;
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  5. Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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25. Data Usage

“Data” refers to any information obtained from the User and/or Participant’s source code repositories and survey responses.

We are granted the right to use, analyze, reproduce, and store the Data solely for research purposes.

P10Y shall be responsible for performing the Services, overseeing Research personnel, and for overall compliance with these Legal Terms. User(s) and/or Participant(s) shall have no obligations with respect to any aspects of the Services, including the Research activities.

We agree not to distribute, sell, or share the Data with third parties, excluding aggregated or anonymized information which cannot be linked back to the User(s) and/or Participant(s).

Upon conclusion of the Study or termination of the Services or upon request from the User(s) and/or Participant(s), we agree to destroy or return all copies of the Data, excluding anonymized or aggregated results intended for publication.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

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26. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

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27. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

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28. Publicity

You agree that, upon your approval, we may use your name or logo to list you as a Research Participant on our website and in other research materials.

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29. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

P10Y Software, Corp.
1401 Lavaca St no 150, Austin, TX 78701, USA
Austin, TX 78701
United States
Phone: (US)(650) 518-8214
Email: support@p10y.com