Terms of Service

Last revised on September 13th, 2022

HeyTaco, LLC operates the HeyTaco service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account.

For paid accounts, you'll be charged on a monthly basis. You can cancel anytime.

The Terms of Service, HeyTaco itself, and our prices can change anytime. We'll warn you 30 days in advance of any price changes. We'll try to warn you about significant changes to the Terms of Service or HeyTaco, but we make no guarantees.

Reuse

This document is an adaptation of the Heroku Terms of Service, which is an adaptation of the Google App Engine Terms of Service. The original work has been modified under the Creative Commons Attribution 3.0 License. Neither Heroku, Inc. nor Google, Inc. is not connected with and does not sponsor or endorse HeyTaco or its use of the work.

You're welcome to adapt and use this document for your own needs. However, if you improve, we'd appreciate it if you would let us know so we can consider improving our document.

Your Agreement with HeyTaco

Your use of the HeyTaco service is governed by this agreement (the "Terms"). "HeyTaco" means HeyTaco. The "Service" means the services HeyTaco makes available, including our websites, our blog, our API, and any other software, sites, and services offered by HeyTaco in connection to any of those. "Customer Source Code" means any source code you submit to HeyTaco to use the Service. "Content" means all content generated by HeyTaco on your behalf (including metric data) and does not include Customer Source Code.

To use the Service, You (the "Customer," "You," or "Your") must first agree to the Terms. You understand and agree that HeyTaco will treat Your use of the Service as acceptance of the Terms from that point onwards.

HeyTaco may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, HeyTaco will treat Your use as acceptance of the updated Terms.

If you have any questions about the Terms, please get in touch with us at [email protected].

Your Account

Use of the Service

Service Policies and Privacy

The Service shall be subject to the privacy policy for the Service available. You agree to the use of Your data in accordance with HeyTaco's Privacy Policy.

Fees for Use of the Service

Cancellation and Termination

Customer Source Code

Ideas and Feedback

You may choose to, or we may invite You to submit comments or ideas about the Service, including but not limited to statements about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place HeyTaco under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Modification of the Service

External Resources

The Services may include hyperlinks to other websites, resources, or email content. You acknowledge and agree that HeyTaco is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products, or other materials on or available from such websites or resources.

License from HeyTaco and Restrictions

HeyTaco gives You a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to You by HeyTaco as part of the Service provided to You by HeyTaco. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by HeyTaco, in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by HeyTaco, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with HeyTaco for using the components of the Service released under an open source license.

Exclusion of Warranties

Limitation of liability

You expressly understand and agree that HeyTaco, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which you may incur, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not HeyTaco has been advised of or should have been aware of the possibility of any such losses arising).

Indemnification

You agree to hold harmless and indemnify HeyTaco, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "HeyTaco and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, HeyTaco will provide You with written notice of such claim, suit, or action.

Choice of Law and Dispute Resolution

The Terms of Service shall be deemed to have been entered into and shall be construed and enforced following the laws of the State of Maryland as applied to contracts made and performed entirely within Maryland, without giving effect to any conflicts of law statutes. Any controversy, dispute, or claim arising out of or related to the Terms, the Privacy Policy, or the Service shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Maryland and the County of Charles, according to the rules of the American Arbitration Association. Any disputes that You may have with HeyTaco shall be resolved individually, without resorting to any form of class action.

General Legal Terms

The Terms constitute the whole legal agreement between You and HeyTaco and govern Your use of the Service and completely replace any prior agreements between You and HeyTaco in relation to the Service.

You agree that if HeyTaco does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HeyTaco has the benefit of under any applicable law), this will not be taken to be a formal waiver of HeyTaco's rights and that those rights or remedies will still be available to HeyTaco.

HeyTaco shall not be liable for failing or delaying the performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.