By using the overhide services (collectively, the "services", "APIs", or "overhide) located at the overhide.io domain (the "Website") and providing your (collectively, "you", "your", or "user") data to overhide, you agree to be bound by these Terms of Service (this "agreement"). The services are defined as your access to the Website, related data storage, related APIs, and the information you receive from overhide through the Website.
The services are owned and operated by Overhide LLC, Wyoming, USA (collectively, "Overhide LLC", "we", "us", "our").
The services may provide features redirecting your interaction from the services to third parties. The transition away from the services to these third parties is explicit by your user action (clicking). You will be aware when you're interacting with third parties through their branding. Your "Terms of Service" with these third parties are separate from this agreement. When interacting with these third parties abide by their terms as made available by them.
You may be redirected to the services from another third-party service. Your "Terms of Service" with third-parties that redirect to the services, use the services, or embed the services, are separate from this agreement. For interactions with those third-parties abide by their terms as available from them.
This agreement sets out the legally binding terms for your use of the services and may be modified by us from time to time at our sole discretion. Any modifications shall be effective upon posting by us on the Website.
By using the services, you represent and warrant that you (a) have the right, authority, and capacity to enter into this agreement and (b) will abide by all of the terms and conditions of this agreement. If you have agreed to become a user for the services, then your eligibility to use the services shall be contingent on your continued compliance with the terms of this agreement. Your use of the Website is subject to this agreement.
This agreement will remain in full force and effect while we offer the services and/or you are a user using the services. Either party may terminate this agreement for any reason, at any time. After this agreement is terminated, the following provisions of this agreement will remain in effect: Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14, and any other Section that by its nature survives termination.
We will attempt to provide continuous availability and access to services. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the user. These outages could be due to third parties that the Service depends on. Also while we will make commercially reasonable attempts to backup all data stored by the services, in the event of recovery from disaster, the user may have to reconfigure the Service to get it back to the state it was in before the outage. The services are hosted by a third party hosting service provider. We and our third party service providers have implemented and maintain commercially reasonable technical and organizational security measures designed to meet the following objectives: (a) ensure the security and confidentiality of data in the services' and/or its third party service providers' custody and control; (b) protect against anticipated threats or hazards to the security or integrity of data; (c) protect against unauthorized access to or use of data; (d) encrypt data during transmission by the services and its third party service providers and when being uploaded by user for use in connection with the services using an https connection; and (e) ensure that the services' return or disposal of data is performed in a manner consistent with the foregoing. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures to access your data for improper purposes. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
Your data entered into the service "by-proxy"--via third party Websites built on top of the services--could possibly be intercepted and manipulated by said third parties. The services are not involved and cannot be held responsible for data before it reaches the services.
The services contain the copyrighted material, trademarks, patents, trade secrets, and other proprietary information ("Intellectual Property") of Overhide LLC and its suppliers and licensors. Overhide LLC and its suppliers and licensors own and retain all proprietary rights in the services, including any Tools not supplied with their own license.
"Tools" include functionality provided through the services. "Tools" provided publicly with their own licenses--e.g. publicly available source control repository LICENSE file--are governed by that license and not this agreement.
Except for Intellectual Property which is in the public domain or for which you have been given written permission--e.g. publicly available, permissable, source control repository LICENSE file--you may not copy, modify, publish, transmit, distribute, perform, display, or otherwise use any such Intellectual Property and the provision of such Intellectual Property to you through the services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any content and material included therein. You may not: distribute, sub-license, translate, reverse-engineer, decompile, or disassemble the services or Intellectual Property or the source code thereof, or attempt to derive the source code thereof in any other way, save and only to the extent any foregoing restriction is prohibited by applicable law; modify the services or Intellectual Property or merge all, or any part, of the services or Intellectual Property or the source code thereof into another program; or remove, modify or alter any Overhide LLC’ Intellectual Property from any part of the services or Intellectual Property or the source code thereof. Overhide LLC grants you a perpetual, unlimited, worldwide, fully-paid, royalty-free license to copy, use and make derivative works of the Output of the services, and to make any other use of or perform any other act upon the Output that an owner would be entitled to do. "Output" means all information available, reported, downloaded or otherwise compiled from, the services, including without limitation data, images, and reports generated by or for the user.
You understand and agree that the service may collect, use, copy, store, transmit, modify, and create derivative works of user data solely to the extent necessary to provide the services to you. Furthermore, you hereby agree that the services shall have an unlimited, royalty-free, worldwide and perpetual license to use, copy, distribute this data, while maintaing commercially reasonable technical and organizational measures to prevent unauthorized disclosure and modification as outlined in Section 3.
You understand and agree that the service may expose your data publicly to the extent necessary to provide the services to you--as outlined in the Documentation.
Overhide LLC does not provide an archiving service. We may delete user data no longer in active use. We expressly disclaim all other obligations with respect to storage.
You must use the services in a manner consistent with any and all applicable laws and regulations. Overhide LLC and its suppliers use reasonable efforts to protect the confidentiality of Content you provide. Overhide LLC cannot guarantee that unauthorized third parties will never be able to defeat those measures to access content for improper purposes. user acknowledges that there are risks inherent in Internet connectivity that could result in the loss of user’s privacy, confidential information and property. user also acknowledges that user is under no obligation to provide user’s confidential information in order to use the Service.
To the extent permitted under applicable laws, the services are provided "As-is" and as available, with no warranty of any kind, and Overhide LLC, on behalf of itself and its licensors and suppliers, expressly disclaims any warranty and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement and Overhide LLC and its suppliers and licensors do not guarantee and do not promise any specific results from the use of the services. The services are intended as a data monitoring and collaboration tool and user’s use of, and reliance upon, same are user’s sole responsibility, with user assuming all associated risks.
Overhide LLC shall have no liability to user under this agreement, it being acknowledged and agreed that Overhide LLC’ provision of the services is provided solely for the convenience of user. If the foregoing limitation of liability is found to be unenforceable, Overhide LLC’ liability to user for any cause of action arising from its use of the services or under this agreement, and regardless of the form of the action, will at all times be limited to the amount paid by user to Overhide LLC for the services during the twelve (12) months preceding such cause of action. Except for breach of the restrictions in Section 4 and in relation to the indemnity in Section 12, user’s liability to Overhide LLC for breach of this agreement shall not exceed the amount paid or agreed to be paid by user to Overhide LLC for the services during the twelve (12) months preceding such cause of action. The parties agree that the limitations on and exclusions of liability in this agreement were freely negotiated and are an integral part of the bargain, in that the services would not have been available for the same price and under the same terms and conditions had such limitations on and exclusions of liability not been included in this agreement.
Any software provided by Overhide LLC through the services (the "Software") and the services themselves are subject to export controls under the laws and regulations of the United States. Neither the services nor any Software downloaded from the services may be exported or re-exported into the territory of (or to a national or resident of) any Country to which the United States has embargoed goods or services. By accessing the services or downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This agreement shall be governed by the laws of the State of Wyoming, United States of America, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Overhide LLC agree to submit to the exclusive personal jurisdiction of, and agree that venue is proper in, the state and federal courts located in Wyoming in such legal action or proceeding. Notwithstanding the foregoing, Overhide LLC may seek injunctive or other equitable relief to protect its Intellectual Property rights in any court of competent jurisdiction.
The communications between you and Overhide LLC use electronic means, whether you visit the Website or send us emails, or whether Overhide LLC posts notices on the services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Overhide LLC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Overhide LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waiveable rights.
You agree to indemnify and hold Overhide LLC, its subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from, any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the services in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above. Overhide LLC will defend or settle, at its expense, any action brought against user based upon the claim that the services, when used in accordance with the agreement, directly infringe an issued U.S. or Canadian patent or registered copyright; provided, however, that: (i) user notifies Overhide LLC promptly in writing of any such claim; (ii) user does not enter into any settlement related to any claim without Overhide LLC' prior written consent; (iii) Overhide LLC has sole control of any claim and all related settlement negotiations; and (iv) as requested, user provides Overhide LLC with all information and assistance necessary to settle or defend the claim. If the services become, or may, in the opinion of Overhide LLC, become the subject of a claim of infringement of any third party intellectual property right, Overhide LLC may, at its option, and as user’s exclusive remedy: (i) procure the right for user to use the services; (ii) replace or modify the services to make them non-infringing; or (iii) refund any fees paid in advance by user for the services.
This agreement contains the entire agreement between you and Overhide LLC regarding the use of the services and supersedes and replaces all prior or contemporaneous understandings, representations, communications, or agreements, written or oral, including any additional or contrary terms contained in any user purchase order or other procurement document whether presented contemporaneously or after user has entered into this agreement and notwithstanding any signature by Overhide LLC of such purchase order or procurement document; and any such additional or contrary terms contained in such user purchase order or other procurement document shall be void as they may pertain to the subject matter of this agreement. This agreement may be updated or amended by Overhide LLC at any time, with or without notice to user and user's continued use of the services shall constitute user's acceptance of the updated or amended agreement. user may not assign all or any part of its rights or obligations hereunder without the consent of Overhide LLC. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this agreement. If any provision of this agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Overhide LLC to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. Nonperformance by either party shall be excused to the extent that performance is rendered impossible by strike, natural disaster, Internet outages, computer viruses, governmental acts or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party. The section titles in this agreement are for convenience only and have no legal or contractual effect. You are responsible for all taxes, other than taxes levied on Overhide LLC’ income. services fees do not include any applicable taxes. If Overhide LLC is required to pay any sales, use, goods & services, value added, or other taxes in relation to your purchase, those taxes will be billed to and paid by you.
All Intellectual Property owned by Overhide LLC shall remain the exclusive property of Overhide LLC. user agrees that Overhide LLC will retain sole ownership of all Intellectual Property even if enhancements suggested or requested by user become incorporated into the services. You are not permitted to use Overhide LLC’ Intellectual Property without our prior written consent or as expressly provided in this agreement.
We use information collected from cookies to evaluate the effectiveness of our services. We integrate with third party service providers to help aggregate, analyze, and visualize, the data collected.
Your continued use of this site, as well as any subsequent usage, will be interpreted as your consent to cookies being stored on your device.
Please contact us (firstname.lastname@example.org) with any questions regarding this agreement.