Terms of Service

Welcome to HackerPulse!

Rivendell Technologies Inc. ("Rivendell," "HackerPulse", "we," "us," "our") provides its services (described below) to you through its website located at www.hackerpulse.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at /privacy-policy (the "Privacy Policy"). All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Services Description

The service is an operational data platform that brings all engineering data in one place to give engineering leaders a single-pane view of their entire software development lifecycle.

Your Registration Obligations

You may be required to register with HackerPulse in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy.

Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Rivendell will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service

HackerPulse reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rivendell will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that HackerPulse may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Rivendell's servers on your behalf. You agree that HackerPulse has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that HackerPulse reserves the right to terminate accounts that are inactive for an extended period of time.

Conditions of Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials ("content") that you upload, post, publish, or display (hereinafter, "upload") or email or otherwise use via the Service.

The following are examples of the kind of content and/or use that is illegal or prohibited by HackerPulse. HackerPulse reserves the right to investigate and take appropriate legal action against anyone who, in HackerPulse's sole discretion, violates this provision.

You agree not to use the Service to:

Payment Authorization

To the extent the Service or any portion thereof is made available for any fee, you authorize HackerPulse to electronically debit and credit via ACH the external bank account that you provide or to debit or credit any other payment method you select, as follows:

• Range of Acceptable Debit Amounts: The total amount due for the Service per month, plus any fees, as specified in your payment plan
• Frequency of Debits: On the 1st day of each payment period mutually agreed upon by you and HackerPulse
• Additionally, you authorize HackerPulse to correct erroneous debits and credits via ACH or to your chosen payment method

You may stop payment of these preauthorized debits from your external bank account by contacting us at support@hackerpulse.com at least three (3) business days before the scheduled date of the debit.

Payment Terms

You represent and warrant to HackerPulse that the payment information and authorization that you provide are true and that you are authorized to use the payment instrument and to provide such authorization. You further agree to timely update your payment information in the event that any changes occur.

If you dispute any charges, you must let HackerPulse know within sixty (60) days after the date that HackerPulse charges you. We reserve the right to change HackerPulse's prices. If HackerPulse does change prices, we will provide notice of the change on the Site or in email to you, at our option, at least thirty (30) days before the change is to take effect.

Intellectual Property Rights

Service Content, Software, and Trademarks

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by HackerPulse, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part.

The technology and software underlying the Service or distributed in connection therewith are the property of HackerPulse, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

The HackerPulse name and logos are trademarks and service marks of HackerPulse (collectively, the "HackerPulse Trademarks"). Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the HackerPulse Trademarks displayed on the Service, without our prior written permission in each instance.

User Content Transmitted Through the Service

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.

By uploading any User Content, you hereby grant and will grant HackerPulse and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising, or marketing thereof.

Copyright Complaints

HackerPulse respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify HackerPulse of your infringement claim in accordance with the procedure set forth below.

HackerPulse will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to HackerPulse's Copyright Agent at support@hackerpulse.com (Subject line: "DMCA Takedown Request").

Third-Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. HackerPulse has no control over such sites and resources and HackerPulse is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that HackerPulse will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource.

Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Google or GitHub ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized.

As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and HackerPulse shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service.

Disclaimers and Limitations

Disclaimer of Warranties

Limitation of Liability

Indemnity and Release

You agree to release, indemnify, and hold HackerPulse and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions of any kind, and injury arising out of or relating to:

• Your use of the Service
• Any User Content
• Your connection to the Service
• Your violation of these Terms of Service
• Your violation of any rights of another

Termination

You agree that HackerPulse, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if HackerPulse believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.

General

These Terms of Service constitute the entire agreement between you and HackerPulse and govern your use of the Service, superseding any prior agreements between you and HackerPulse with respect to the Service.

These Terms of Service will be governed by the laws of the State of California, without regard to its conflict of law provisions.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

Your Privacy

At HackerPulse, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.