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Abuse TOC Update #1509

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104 changes: 67 additions & 37 deletions src/routes/terms/+page.markdoc
Original file line number Diff line number Diff line change
Expand Up @@ -4,57 +4,50 @@ title: Terms and Conditions
description: Review our Terms of Service to understand the rules and guidelines for using our open-source backend-as-a-service platform.
---


These Terms and Conditions ("Terms," "Terms and Conditions") govern your relationship with [Appwrite (https://appwrite.io)](https://appwrite.io) website (the "Service") operated by Appwrite ("Us," "We," or "Our").
These Terms and Conditions ("Terms," "Terms and Conditions") govern your relationship with [Appwrite](https://appwrite.io) website (the "Service") operated by Appwrite ("Us," "We," or "Our").

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.



# Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscriptions"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Appwrite cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Appwrite customer support team.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Appwrite cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Appwrite customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Appwrite with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Appwrite to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Appwrite will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.



# Fee Changes

Appwrite, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Appwrite will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Appwrite will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.



# Refunds

Certain refund requests for Subscriptions may be considered by Appwrite on a case-by-case basis and granted in the sole discretion of Appwrite.



# Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
You represent and warrant that:

- The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms.
- The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
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To match the previous text, it would be good to use numbered lists. How do they look here?


# Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

Expand All @@ -64,50 +57,73 @@ You agree not to disclose your password to any third party. You must notify us i

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Appwrite and its licensors. The Service is protected by copyright, trademark, and other laws of both Israel and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Appwrite.

Notwithstanding any other provision of these Terms, to the maximum extent permitted by law, we may collect, generate, process, use and/or publish Anonymous Information (defined below) relating to your, your users’ use of the Service, and/or disclose it, in order to provide, improve and publicize the Service and our products and services, in order to track general industry trends, develop and publish white papers, reports and summaries, and for other legitimate business purposes, all the foregoing without restriction or limitation of any kind. Anonymous Information means information that does not enable the identification of an individual, such as aggregated and analytics information. For clarity, Anonymous Information will not include any personally identifiable information, and Appwrite shall own all Anonymous Information collected or obtained by Appwrite.
Notwithstanding any other provision of these Terms, to the maximum extent permitted by law, we may collect, generate, process, use, and/or publish Anonymous Information (defined below) relating to your and your users’ use of the Service, and/or disclose it, in order to provide, improve, and publicize the Service and our products and services, track general industry trends, develop and publish white papers, reports, and summaries, and for other legitimate business purposes, all without restriction or limitation of any kind. "Anonymous Information" means information that does not enable the identification of an individual, such as aggregated and analytics information. For clarity, Anonymous Information will not include any personally identifiable information, and Appwrite shall own all Anonymous Information collected or obtained by Appwrite.

# Prohibited Use of the SMS Messages Service
# Prohibited Use

You agree not to use the Service for the sending of unsolicited or spam SMS messages. This includes but is not limited to the prohibition of
- using the Service in connection with any content, product, or service the recipient has not explicitly requested.
- sending SMS messages through the Service unless you have obtained prior express consent from the recipients, as required by applicable law.
You agree not to use the Service for any unlawful or prohibited activities. This includes, but is not limited to:

Failure to adhere to these prohibitions and/or any applicable law relating to the use of such SMS Service can result in immediate termination of your account and further legal action. You shall comply with any and all applicable laws and regulations.
- **Illegal Content**: Hosting, transmitting, or distributing content that is illegal, infringing, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable.

Furthermore, you agree to indemnify and hold harmless Appwrite, its affiliates, directors, employees, and agents against any claims, proceedings, damages, liabilities, fines, or costs arising from your misuse of the SMS services, which includes, but is not limited to the sending of unsolicited SMS messages, your failure to secure the necessary consents from recipients or not adhering to applicable laws and regulations in relevant jurisdictions.
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Let's make sure to add this clause back.

- **Malware and Harmful Code**: Uploading or distributing viruses, malware, or any other malicious code intended to harm or gain unauthorized access to any system, data, or personal information.

# Privacy
- **Unsolicited Communications**: Sending unauthorized or unsolicited advertising, spam, or any other form of improper solicitation.

Appwrite’s privacy policy is available at [https://appwrite.io/privacy](https://appwrite.io/privacy).
- **Fraudulent Activities**: Engaging in deceptive practices or activities intended to defraud, mislead, or deceive others.

- **Abuse of Resources**: Misusing the Service in a way that disrupts its integrity or performance.

- **Unauthorized Access**: Attempting to gain unauthorized access to the Service, other user accounts, computer systems, or networks connected to the Service.

- **Violation of Laws**: Engaging in activities that violate any applicable local, state, national, or international laws or regulations.

# Links To Other Web Sites
## Prohibited Use of the SMS Messages Service

Our Service may contain links to third-party web sites or services that are not owned or controlled by Appwrite.
You agree not to use the Service for the sending of unsolicited or spam SMS messages. This includes but is not limited to the prohibition of:

Appwrite has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Appwrite shall 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 such content, goods, or services available on or through any such web sites or services.
- Using the Service in connection with any content, product, or service the recipient has not explicitly requested.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- Sending SMS messages through the Service unless you have obtained prior express consent from the recipients, as required by applicable law.

Failure to adhere to these prohibitions and any applicable laws relating to the use of the SMS Service can result in immediate termination of your account and further legal action. You shall comply with all applicable laws and regulations.

# Reporting Abuse

If you become aware of any misuse of the Service, including any prohibited conduct or content, please report it immediately to us at **[[email protected]](mailto:[email protected])**.
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Suggested change
If you become aware of any misuse of the Service, including any prohibited conduct or content, please report it immediately to us at **[[email protected]](mailto:[email protected])**.
If you become aware of any misuse of the Service, including any prohibited conduct or content, please report it immediately to us at [[email protected]](mailto:[email protected]).


# Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

# Limitation Of Liability
# Limitation of Liability

In no event shall Appwrite, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

In no event shall Appwrite, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (I) your access to or use of or inability to access or use the Service; (II) any conduct or content of any third party on the Service; (III) any content obtained from the Service; and (IV) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Your access to or use of or inability to access or use the Service.

- Any conduct or content of any third party on the Service.

- Any content obtained from the Service.

- Unauthorized access, use, or alteration of your transmissions or content.
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To match the previous text, it would be good to use numbered lists. How do they look here?


Whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

# Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Appwrite, its subsidiaries, affiliates, and its licensors do not warrant that:

- The Service will function uninterrupted, secure, or available at any particular time or location.

Appwrite its subsidiaries, affiliates, and its licensors do not warrant that:
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements.
- Any errors or defects will be corrected.

- The Service is free of viruses or other harmful components.

- The results of using the Service will meet your requirements.

# Governing Law

Expand All @@ -117,10 +133,24 @@ Our failure to enforce any right or provision of these Terms will not be conside

# Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

# Privacy

Appwrite’s privacy policy is available at [https://appwrite.io/privacy](https://appwrite.io/privacy).

# Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Appwrite.

Appwrite has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Appwrite shall 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 such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

# Contact Us

If you have any questions about these Terms, please [contact us](/contact-us).
If you have any questions about these Terms, please [contact us](/contact-us). To report abuse or violations, please contact us at **[[email protected]](mailto:[email protected])**.
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No need to bold. And let's put on a separate line to differentiate.

Suggested change
If you have any questions about these Terms, please [contact us](/contact-us). To report abuse or violations, please contact us at **[[email protected]](mailto:[email protected])**.
If you have any questions about these Terms, please [contact us](/contact-us).
To report abuse or violations, please contact us at [[email protected]](mailto:[email protected]).


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