Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of mergegleam.com and the Mergegleam pull-request review service, including the GitHub App integration (collectively, the "Service"), operated by Mergegleam, Inc. ("the Company") (631 Brannan Street, Suite 200, San Francisco, CA 94107). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• You are responsible for ensuring you have the rights to submit any repository content to the Service for review, including compliance with your organization's access policies and any applicable open-source license terms.

3. Intellectual Property

The Service, including all text, graphics, logos, and software, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. Your repository content remains your property; you grant us only the limited license necessary to process it as described in our Privacy Policy.

4. User Content and Code Data

You are responsible for any content you submit through the Service, including pull request diffs processed through the GitHub App. You represent that you have all necessary rights to submit such content. You grant the Company a limited license to receive, process, and analyze the submitted content as necessary to provide the automated review Service and post review findings to your pull requests. We do not use your repository content to train or fine-tune machine learning models without your explicit written consent. Our data handling practices are described in the Privacy Policy.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AUTOMATED CODE REVIEW FINDINGS ARE PROVIDED FOR INFORMATIONAL PURPOSES; THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL IDENTIFY ALL DEFECTS IN SUBMITTED CODE OR THAT REVIEW FINDINGS ARE FREE OF ERROR.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING DAMAGES ARISING FROM RELIANCE ON AUTOMATED REVIEW FINDINGS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO THE COMPANY IN THE THREE MONTHS PRECEDING THE CLAIM, OR USD $100 IF NO FEES WERE PAID.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including intellectual-property rights in repository content you submit.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. You may terminate your account at any time through your account settings or by contacting us. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in California, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in California, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact