TERMS AND CONDITIONS

Revision Date: 19/November/2023

These Terms of Service constitute a legally enforceable contract between you and RunCode, which governs your use of our Website.

The following general terms of service govern the usage of the scope of services offered by us and utilised by our registered customers in the form of individuals and businesses (each a "Customer" or "you / your") ("Terms of Service" or "Agreement").

“PLEASE READ THE TERMS BELOW CAREFULLY BY CLICKING "I ACCEPT," OR OTHERWISE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS AND CONDITIONS, INCLUDING the PRIVACY POLICY OF RUNCODE.“

1. RunCode Website Overview. The Site is designed to provide you with information about services offered by RunCode as well as for providing the necessary means to contact RunCode.
2. Obtaining a Licence
   1. Licence issuance. Licence is restricted. Subject to your complete and continuing compliance with these Terms, RunCode offers you a restricted, quasi, non-transferable, non-sub-licensable, revocable licence to access and use the Site exclusively for your personal, non-commercial use.
   2. Licence Requirements. You may not: (a) duplicate, distribute, publicly display, or publicly perform the Site; (b) make changes to the Site; or (c) tamper with or avoid any element of the Site, including any security or access control mechanism. This limitation only applies to the extent that it is unlawful under applicable law. You may not use the Site if you are forbidden by applicable law from doing so.
   3. Feedback. If you choose to submit feedback and recommendations regarding problems with or suggested changes or additions to the Site ("Feedback"), you thus grant RunCode an unlimited, permanent, irrevocable, non-exclusive to utilise the Feedback in any form and for any purpose, including improving the Site and developing new and services.
3. Proprietary Rights. RunCode owns and operates the Site. Other laws safeguard the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and any other parts of the Site ("Materials") offered by RunCode. The Site's materials are the property of RunCode or its third-party licensors. You may not utilise the materials unless specifically allowed by RunCode. RunCode retains all rights to the materials not expressly granted in these Terms.
4. Third-Party Websites. Third-party websites may be linked to our website. However, RunCode has no control over the linked websites and is not responsible for their content.
5. Prohibited Behaviour. BY ACCESSING THIS WEBSITE, YOU AGREE NOT TO.
   1. Use the Site for any illicit purposes or in violation of any local, state, national, or international law;
   2. Tamper with the site's security features, such as by: (i) turning off or getting around restrictions on the use or copying of content; or (ii) trying to figure out the source code of any part of the site through reverse engineering or another method unless doing so is specifically authorised by the law;
   3. By, for example, (i) uploading or otherwise propagating any virus, adware, spyware, worm, or other harmful code; (ii) tampering with or disrupting any network, equipment, or server connected to or utilised to offer the Site;
   4. Assisting or permitting any person to engage in any of the acts mentioned in this Section 5, you may harm the Site's functionality or any user's.
   5. Users are strictly prohibited from conducting or facilitating Distributed Denial-of-Service (DDoS) attacks. Any detected involvement in such activities will result in immediate termination of your account.
   6. Running any operating systems other than those provided or authorized by RunCode is not permitted. Unauthorized use of alternative operating systems will lead to account suspension or termination.
   7. The platform is intended solely for software development purposes. Engaging in activities such as cryptocurrency mining, running game servers (e.g., Minecraft), operating any form of server, utilizing the platform as a VPN, using tunnel systems, or tampering with the base system in any manner is strictly prohibited. Violation of these terms will result in a permanent account ban and deletion of all associated workspaces.
6. Changes to these Terms. We retain the right to amend these Terms at any moment in the future. Please review these Terms on a regular basis for modifications. Material changes become effective upon your acceptance of the revised Terms. Except as clearly provided in this Section 6, these Terms may only be modified in writing by authorised representatives of the parties to these Terms. Disputes under these Terms shall be settled in accordance with the version of these Terms in force at the time the disagreement arose.
7. Site Terms, Termination, and Modification
   1. Term. These Terms take effect when you accept them or first access or use the Site, and they expire when you terminate as specified in Section 7(b)
   2. Termination. If you breach any of these Terms, your permission to use the Site and these Terms will be revoked. Furthermore, RunCode has the right to terminate these Terms or stop or terminate your access to the Site at any time, for any or no reason, with or without notice.
   3. Impact of Termination. If these Terms are terminated, the following will occur: (a) your licence rights will be terminated, and you must immediately discontinue all use of the Site; and (b) Sections 2 (c), 3, 7 (c), 8, 9, 10, and 11 will survive.
   4. The Case where the site has been modified. Without providing you with prior notice, RunCode maintains the right to change or stop operating the Site at any time (including by restricting or stopping the availability of specific services). If the Site is altered or if your access to or usage of the Site is suspended or terminated, RunCode disclaims all the liabilities.
   5. Developer workspaces will be automatically turned off after 15 minutes of inactivity. Additionally, workspaces will be permanently deleted following 10 days of inactivity.
8. Insurance policy. You are accountable for your use of the Site to the fullest extent permitted by law, and you undertake to defend and hold RunCode and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "RunCoce Entities") harmless from and against any third-party claims and any associated responsibility, damage, loss, and expense, including reasonable attorneys' fees and expenses, arising out of or connected with: (a) your unauthorised use of, or misappropriation of, any information obtained from the Site; (b) your failure to comply with any provision of these Terms, any representation, warranty, or agreement referred to herein, or any relevant law or regulation; (c) your failure to comply with any right of a third party, such as a right of publicity, confidentiality, or other property or privacy; (d) Data; or (e) any problem or issue that you have with a third party. We retain the right to undertake the exclusive defence and control of any issue that would otherwise be subject to your indemnity (without affecting your indemnification responsibilities with regard to that matter), at our own expense. In such an instance, you agree to assist us in defending the claims we have made.
9. No warranties. The site is provided "as is" and on a "as available" basis, together with any materials and content made available through the site. Runcode disclaims all warranties, express or implied, as to the site and all data, materials, and content accessible through the site, including (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) RunCode is a secure platform however we do not warrant the modifications, changes or any tampering done by the users. We are not liable for any loss or damage that may result from the use of our website or your dealings with other site users. you acknowledge and agree that your use of any portion of the site is done at your own risk and discretion, and that we shall not be liable for any damage to your property, including any damage to your computer system or mobile device used in connection with the site, or for any loss of data. These limitations mentioned in this section, exclusions, and disclaimers apply to the fullest extent permitted by law. no guarantee or other right that RunCode is not allowed to disclaim by relevant legislation is made by Runcode.
10. Defining the limits of Liability. To the maximum extent permitted by law, the RunCode entities will not be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) originating out of or pertaining to your access to or use of, or inability to. Each clause in these terms that limits liability, disclaims warranties, or excludes damages is intended to and really divide the risks between the parties under these clauses. This allocation is a necessary element of the bargain between the parties. all of these provisions are severable and independent of the others in these terms. even if any limited remedy fails for its essential purpose, the limitations in this section 11 will apply.
11. Miscellaneous
    1. General Terms. These Terms constitute the full and only understanding and agreement between you and RunCode with respect to your use of the Site, along with the Privacy Policy and any other agreements explicitly included by reference into these Terms. Without our prior written approval, you may not assign or otherwise transfer these Terms or your rights under them in whole or in part, under any circumstances. We reserve the right to assign these Terms at any time and without notice or consent. A waiver by us of any breach or default of these Terms or any provision hereof will not be construed as a waiver of any future breach or default or as a waiver of the provision itself, nor will it affect our right to compel performance of such provision at any other time after such waiver. The inclusion of section headers in these Terms is only for convenience and has no bearing on the interpretation of any provision.
    2. Governing law. Any conflict of law between these Terms and Delaware law will be resolved by Delaware law without regard to its conflict of law principles. In the event of a lawsuit or court process authorised under these Terms, you and RunCode submit to the exclusive and personal jurisdiction of the Delaware state.
    3. Privacy Policy. Unless otherwise specified in these Terms, any personal information you enter into the Site or that we collect from you in providing the Site will be treated in accordance with the RunCode Privacy Policy. These Terms comprise the RunCode Privacy Policy and are incorporated therein by reference.
    4. Data. Any data and information (including personal data) that you enter into, send to, or use in connection with the Site (collectively, "Data") are solely your responsibility. You are also solely responsible for adhering to any privacy or data protection laws and regulations that may be relevant to Data and your use of the Site. You hereby allow RunCode the right to collect, process, transmit, store, use, and disclose Data in accordance with this Agreement and the RunCode Privacy Policy, as well as for other purposes.
    5. Data Analytics. You recognise and consent to RunCode's right to gather, produce, process, transmit, store, utilise, and disclose aggregated and/or de-identified data resulting from Data or usage of the Site ("Analytics Data") for its business objectives, including for analytics, benchmarking, and industry analysis.
    6. Information safety. In order to safeguard the data in its custody or control from unauthorised or illegal access, use, modification, or disclosure, RunCode will put in place commercially reasonable security measures.
    7. Electronic Communications Consent. You agree to receive some electronic communications from us by using the Site, as further defined in our Privacy Policy. To find out more about how we use electronic communications, please read our privacy statement. You acknowledge and agree that all notices, agreements, disclosures, and other communications that we deliver to you electronically satisfies any legal communication requirements, including the need that they be in writing.