1. Acceptance of Terms
By accessing or using KodeTools services, including the thrust desktop application and any related cloud services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Services.
mooncloak reserves the right to modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the modified Terms.
2. Description of Services
2.1 thrust Desktop Application
thrust is provided as a free, closed-source desktop application available for download. The application is provided “AS IS” without any warranties or guarantees.
2.2 Cloud Services
Optional cloud services (CI/CD, logging, code review, etc.) are available through paid subscription plans. These services are subject to the pricing and limitations described on our website.
3. License and Restrictions
3.1 License Grant
mooncloak grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or commercial purposes, subject to these Terms.
3.2 Restrictions
You may NOT:
- Reverse engineer, decompile, or disassemble the thrust application
- Distribute, sublicense, or transfer the Services to third parties
- Use the Services for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to any part of the Services
- Remove or modify any proprietary notices or labels
- Use the Services to violate any applicable laws or regulations
4. User Accounts and Responsibilities
4.1 Account Security
You are responsible for maintaining the security of your account credentials. mooncloak is NOT responsible for any unauthorized access to your account resulting from your failure to protect your credentials.
4.2 User Content
You retain ownership of any code, scripts, or content you create using the Services. However, you grant mooncloak a limited license to store, process, and display your content as necessary to provide the Services.
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- NO WARRANTY OF MERCHANTABILITY
- NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
- NO WARRANTY OF NON-INFRINGEMENT
- NO WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION
- NO WARRANTY REGARDING DATA LOSS OR CORRUPTION
mooncloak does NOT warrant that:
- The Services will meet your requirements
- The Services will be uninterrupted, secure, or error-free
- Any errors in the Services will be corrected
- The Services are free from viruses or harmful components
YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICES.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, mooncloak SHALL NOT BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
- ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES
- ANY DAMAGES RESULTING FROM ERRORS, BUGS, OR SERVICE INTERRUPTIONS
- ANY DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT
- ANY DAMAGES EXCEEDING THE AMOUNT YOU PAID TO mooncloak IN THE PAST 12 MONTHS
IN NO EVENT SHALL mooncloak’S TOTAL LIABILITY EXCEED $100 USD OR THE AMOUNT YOU PAID IN THE PAST 12 MONTHS, WHICHEVER IS LESS.
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if mooncloak has been advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless mooncloak, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
8. Service Availability and Modifications
8.1 No Guarantee of Availability
mooncloak does NOT guarantee that the Services will be available at all times. Services may be interrupted, suspended, or terminated at any time without notice.
8.2 Right to Modify or Discontinue
mooncloak reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, for any reason, including but not limited to:
- Maintenance and upgrades
- Technical or security issues
- Business decisions
- Legal or regulatory requirements
mooncloak SHALL NOT BE LIABLE for any modification, suspension, or discontinuation of the Services.
9. Termination
9.1 Termination by mooncloak
mooncloak may terminate or suspend your access to the Services immediately, without notice, for any reason, including but not limited to:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- At mooncloak’s sole discretion
9.2 Effect of Termination
Upon termination:
- Your license to use the Services immediately terminates
- mooncloak may delete your account and associated data
- You remain liable for any outstanding fees
- Sections 5, 6, 7, 10, and 11 survive termination
10. Data and Privacy
10.1 Data Collection
mooncloak collects and processes data as described in our Privacy Policy. By using the Services, you consent to such collection and processing.
10.2 No Guarantee of Data Security
While mooncloak implements reasonable security measures, we do NOT guarantee the security of your data. You are responsible for maintaining backups of your data.
10.3 Data Loss
mooncloak IS NOT RESPONSIBLE for any data loss or corruption. Use the Services at your own risk and maintain appropriate backups.
11. General Provisions
11.1 Governing Law
These Terms are governed by the laws of the jurisdiction where mooncloak is registered, without regard to conflict of law principles.
11.2 Dispute Resolution
Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action.
11.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
11.4 No Waiver
Failure by mooncloak to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
11.5 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by mooncloak, constitute the entire agreement between you and mooncloak regarding the Services.
11.6 Assignment
You may not assign or transfer these Terms or your rights under these Terms. mooncloak may assign these Terms without restriction.
11.7 Force Majeure
mooncloak shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, internet outages, or government actions.
12. Contact Information
For questions about these Terms, contact us at:
Email: [email protected]
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.