Deadpendency Terms Of Service

In these Terms of Service:

  • “App” means the Deadpendency app available to install via GitHub;
  • “Deadpendency” “us” “we” or “our” means our business entity trading as Deadpendency (ABN 76561552015);
  • “GitHub” means the hosting service offered by GitHub Inc;
  • “ToS” means these Terms of Service.

1. Binding effect of these ToS

These ToS govern your use of App and they constitute a binding and enforceable contract between you and Deadpendency that commences when you install the App. By installing the App you agree that you have read and accepted these ToS. You should immediately cease using the App if you do not accept these ToS.

2. Your obligations

Deadpendency is free of charge for open source on GitHub. If you choose a paid plan, you agree to pay Deadpendency the applicable fees for the relevant plan. Deadpendency's fees will be collected automatically as part of your payments to GitHub for GitHub’s marketplace services.

You must not:

  • interfere or attempt to interfere with the functionality or proper working of the App;
  • (use the the App for any purpose that could, in our reasonable opinion, be considered obscene, defamatory, offensive or inappropriate, promote or incite terrorism or hatred based on religion, race or disability, or is illegal pursuant to all applicable laws and regulations (including copyright and other intellectual property laws); and
  • introduce to the App any virus, worm, Trojan horse, adware, spyware or any other form of malicious content, code or software or anything which may otherwise compromise the App.

3. Indemnity

You will indemnify and hold harmless Deadpendency, its officers, employees and agents from any and all third party claims, damages, and costs (including reasonable legal fees) arising out of your use of Deadpendency in a manner not authorized by these ToS or in a manner that violates applicable laws, regulations or the legal rights of third parties.

4. Obligations of Deadpendency

We will use reasonable commercial endeavors to ensure that:

  • the App performs substantially as described by us; and
  • any defects in the App are fixed within a reasonable time following your notification to us that describes such defect.

5. Relationship with GitHub

Deadpendency may only be used by GitHub users and you must have a valid GitHub account and have agreed to GitHub’s terms of service. Deadpendency will receive events from your GitHub repositories which have the App installed and respond by producing the Deadpendency report. To produce this report, Deadpendency will access and download dependency related files and metadata in your GitHub repositories. The produced report will appear on GitHub in the form of a GitHub Check Run. Deadpendency will never store details of your code, except as required to produce the aforementioned report

6. Downtime

Updates to the App may lead to temporary downtime. Deadpendency will use commercially reasonable endeavors to limit the extent of such downtime. Additional downtime can occur upon internet interruptions or if GitHub is not properly available (be it to you or Deadpendency). Deadpendency accepts no liability associated with such downtime.

7. Rights to use

Subject to and conditional upon your compliance with these ToS, you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to use the App. You are not granted any intellectual property rights in relation to the App and may not make copies, or attempt to decompile or reverse engineer the App. You are not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the App.

8. Limitation of liability

To the maximum extent permitted by applicable law, Deadpendency and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages including, without limitation, loss of profits, data, use, good will or other intangible losses resulting from your access to and use of (or inability to access and use) the App.

In no event shall Deadpendency's total liability to you for any damages resulting from any claim or series of related claims exceed the amount paid by you for the App within the 12 months preceding such claim or series of claims.

9. Confidentiality

You and Deadpendency both undertake not to use, divulge or communicate to any person, except to professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party which may have or may in future come to its knowledge and each of you and Deadpendency shall use reasonable endeavors to prevent the publication or disclosure of any confidential information concerning such matters.

10. Privacy & Data protection

Deadpendency will process your personal data in accordance with the Privacy Policy set out at deadpendency.com/privacy which sets out how we collect, use, store and disclose your personal data in compliance with the privacy and data protection obligations under the GDPR, CCPA and Privacy Act. By providing personal data to us, you consent to our collection, use and disclosure of your personal data in accordance with that Privacy Policy.

11. Term and Termination

These ToS will remain in effect for so long as you use the App. Sections 9 to 14 survive termination and continue to apply unless the context requires otherwise.

12. Governing Law and Jurisdiction

Deadpendency's relationship with you is governed by the laws of Victoria, Australia.

13. Resolving disputes

Should you have any concerns or complaints about Deadpendency or these ToS, you should contact us at deadpendency.com/contact.

14. Other provisions

If any provision of these ToS is or later becomes invalid, or contains omissions, the validity of the other provisions shall remain unaffected.

These ToS, together with any documents referred to in them, or expressed to be entered into in connection with them, constitute the whole agreement between Deadpendency or you concerning their subject matter.

Deadpendency may assign these ToS with all rights and obligations to a successor to a purchaser of its business.

16. Amendment to these ToS

We reserve the right to amend the provisions of these ToS from time to time in compliance with the legal requirements, for example to be compliant with new laws or to add new services. Publication of the amended ToS shall be effective to bind users of the App to the amended provisions.

17. Our contact details

For further information about these ToS please contact us via: deadpendency.com/contact