Terms of Service

1. Eligibility & Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

2. License Grant — Personal Use

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for your own personal and internal purposes. This is a license to use the Service, not a sale of any rights in it.

You may not, except as expressly permitted:

• resell, rent, lease, sublicense, or commercially exploit the Service or your account;
• share your account with, or make the Service available to, anyone other than yourself;
• copy, modify, translate, or create derivative works of the Service;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent that restriction is prohibited by law;
• remove or obscure any proprietary notices; or
• use the Service to build a competing product or service.

3. Acceptable Use

You agree not to use the Service to:

• violate any applicable law or the rights of others;
• upload or transmit unlawful, infringing, defamatory, or malicious content, or any malware;
• attempt to gain unauthorized access to the Service, other accounts, or our systems, or interfere with or disrupt the Service;
• probe, scan, or test the vulnerability of the Service, or circumvent any security or authentication measures; or
• send unsolicited communications, or use automated means to scrape or place unreasonable load on the Service.

4. Your Content

You retain ownership of the content and data you submit to the Service (“Your Content”). You grant us a worldwide, non-exclusive license to host, store, process, and display Your Content solely to operate and provide the Service to you. You represent that you have the rights necessary to submit Your Content and that it does not violate these Terms or any law.

5. Fees, Credits & Subscriptions

Parts of the Service are sold as prepaid usage credits and parts as recurring subscriptions. Which applies is shown to you at checkout before you pay.

Credits. Credits are bought in advance and spent as you use the metered feature they apply to — one credit per completed assessment. A credit is spent only when that use completes; activity that is started and abandoned is not charged. Credits do not expire, have no cash value, and are not transferable, exchangeable, or redeemable outside the Service. If your balance reaches zero, metered features stop accepting new use until you top up; nothing you have already created or collected is deleted, and topping up restores access to it.

Subscriptions. Subscriptions are billed in advance on a recurring basis through our payment processor and renew automatically until cancelled. You may cancel at any time, with the change taking effect at the end of the current billing period.

Except where required by law, all fees are non-refundable, and unused credits are not refunded or paid out if you close your account or we terminate it under section 9. We may change pricing on prospective notice; a price change does not affect credits you have already bought.

6. Marketplace

Where the Service has a marketplace, a user (the “Seller”) may list an assessment they created as a template, free or at a price, and another user (the “Buyer”) may get it.

What is sold is a template, not a take. Getting a template gives the Buyer’s account its own copy, including the traits it scores and any charts the Seller saved with it, to edit and administer to the Buyer’s own clients. The Seller grants each Buyer a non-exclusive, perpetual, worldwide license to use, modify, and administer that copy for the Buyer’s own work, and nothing more: the Buyer may not resell, relist, sublicense, or otherwise redistribute it, in whole or in substantial part. Responses the Buyer collects with their copy belong to the Buyer and are not shared with the Seller, and each completed response spends the Buyer’s credits under section 5. Copies already delivered are not affected if the Seller later edits, unlists, or deletes the original.

Paid templates. A paid template is sold by the Seller to the Buyer. Payment is processed by Stripe on the Seller’s own Stripe account, under Stripe’s terms, which the Seller accepts when connecting that account. We charge the Seller a platform fee of 20% of each sale price, deducted automatically when the sale is paid; Stripe’s processing fees are charged to the Seller by Stripe. The Seller is responsible for refunds, payment disputes, and their own taxes, except where the law requires us to collect a tax. A purchase gives one account one copy; sales are final unless the Seller issues a refund or the law requires otherwise, and we do not remove a copy that has already been delivered. We may change the platform fee on prospective notice; a change does not affect sales already made.

Listings. The Seller’s name is shown with each listing. By listing a template, the Seller represents that they have the rights to license it as described above and that it complies with section 3. We may remove any listing at any time.

7. Intellectual Property

The Service, including its software, design, and content (excluding Your Content), is owned by us and our licensors and is protected by intellectual property laws. All rights not expressly granted to you are reserved.

8. Privacy

Our handling of personal data is described in our Privacy Policy. By using the Service, you consent to the collection and use of information as described there.

9. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms or if we reasonably believe your use poses a risk to the Service or others. On termination, the license granted to you ends and you must stop using the Service; sections that by their nature should survive will survive.

10. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill. Our total liability arising out of or relating to the Service will not exceed the greater of the amounts you paid us in the twelve months before the claim or USD 100.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by updating the date above or notifying you in the Service). Your continued use after the changes take effect constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms? Contact us at admin@vapor.dev.