Terms and Conditions

Interpretation

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate

An entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

Account

A unique account created for You to access our Service or parts of our Service.

Country/State

The Netherlands.

Company

Referred to as "the Company", "We", "Us", or "Our" in these Terms and Conditions, means PCX IT, Kwikstaartlaan 42, Box A6252, 3704GS Zeist, The Netherlands.

Content

Content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

Device

Any device that can access the Service, such as a computer, a cell phone, or a digital tablet.

Feedback

Feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.

Service

Pushin's Website, Git access over SSH and HTTPS, JSON API, CI runners, storage, and the pun command-line interface.

Subscriptions

The services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions

Also referred to as "Terms", means these Terms and Conditions, including any documents expressly incorporated by reference, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.

External provider

A third-party source-code hosting service that You may use for sign-in, repository imports, or repository mirrors. That provider's own terms and policies govern Your relationship with it.

Website

Pushin, accessible from https://pushin.eu.

You

The individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Pushin is currently an invite-only, pre-general-availability service. Features, limits, and availability may change as the Service develops.

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions 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 and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We collect, use, and disclose personal information. Please read Our Privacy Policy carefully before using Our Service.

Subscription period

When paid Subscriptions launch, the Service or some parts of it may require a Subscription. You will be billed in advance on a recurring basis, monthly or annually, depending on the plan You select.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of that period.

Billing

Subscription payments are collected and processed by our payment processor. You must provide the processor with accurate and complete information requested during checkout. The Company stores only your processor customer reference, Subscription plan, and invoice records.

If automatic billing fails, the Company or its payment processor may issue an electronic invoice with a deadline and instructions for completing payment for the applicable Subscription period.

Prices shown to consumer customers include VAT where required. Prices shown to business customers may exclude VAT, which will be added where applicable. You are responsible for providing accurate billing and tax information and for selecting whether You subscribe as a business or consumer.

EU consumer withdrawal

Consumer customers in the European Union generally have a 14-day statutory right of withdrawal from a distance contract. If You ask Us to begin providing a paid digital service during that period, checkout will ask for Your prior express request and acknowledgment of the consequences for that right. Nothing in these Terms limits a mandatory consumer right.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of a change in Subscription fees so You have an opportunity to terminate Your Subscription before the change becomes effective. Continued use after the change takes effect constitutes Your agreement to pay the modified fee.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

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

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 and may result in immediate termination of Your Account on Our Service.

You are responsible for safeguarding the password You use to access the Service and for any activities or actions under Your password or other account credentials.

You may not use as a username the name of another person or entity, a name that is not lawfully available for use, a name or trademark subject to another person's or entity's rights without appropriate authorization, or a name that is offensive, vulgar, or obscene.

External-provider Login and Linked Repositories

If You choose provider-based sign-in, import, or mirroring, You authorize the Company to retrieve the account or repository data needed for that feature, in accordance with Our Privacy Policy and Your settings with that provider.

The Company does not control an external provider and is not responsible for its availability, accuracy, content, or practices. Your relationship with that provider is governed by its own terms and policies.

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content You post to the Service, including its legality, reliability, and appropriateness.

By posting Content, You grant Us a non-exclusive license to host, store, display, and transmit that Content only as needed to operate the Service and according to the repository visibility and access settings You choose. You retain Your rights in the Content.

Public repositories may be cloned and forked by other users. Any right to use repository Content beyond viewing, cloning, or forking it through the Service is governed by the license You attach to the repository and applicable law.

You represent and warrant that the Content is Yours or You have the right to use it and grant Us the rights and license provided in these Terms, and that posting Your Content does not violate any person's privacy, publicity, copyright, contract, or other rights.

Content Restrictions

The Company is not responsible for the content of the Service's users. You are solely responsible for Content and all activity under Your Account, whether done by You or a third person using it.

You may not transmit Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable, including:

• Unlawful content or content promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content targeting protected groups.
• Spam, machine-generated or randomly generated content, unauthorized advertising, chain letters, lotteries, or gambling.
• Viruses, worms, malware, trojan horses, or anything intended to disrupt systems or obtain unauthorized access to data.
• Content infringing patents, trademarks, trade secrets, copyrights, publicity rights, or other proprietary rights.
• Impersonating any person or entity, including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.
• Cryptocurrency mining or other abuse of CI runners and shared compute resources.
• Scraping the Website or automated access outside the documented API using valid tokens.
• Malware or exploit code, unless it is clearly labeled and shared for legitimate security research in a way that does not endanger the Service or other people.

Compute, bandwidth, and storage are subject to fair-use limits and the storage budgets shown in the Service. We may throttle or stop workloads that exceed those limits or threaten Service reliability.

Private repository confidentiality

Company staff do not access private repository contents except when needed to investigate a security or abuse incident, comply with law, or provide support with the repository owner's consent. Access is limited to what is necessary for that purpose.

The Company reserves the right, but not the obligation, to determine whether Content is appropriate and complies with these Terms, to refuse or remove Content, to make formatting and other edits, and to limit or revoke use of the Service. Because the Company cannot control all user or third-party content, You use the Service at Your own risk and may encounter offensive, indecent, incorrect, or objectionable content. The Company will not be liable for content, errors or omissions in content, or loss or damage resulting from its use.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by Content that was corrupted before being backed up or that changed while a backup was performed.

The Company will provide support and attempt to troubleshoot known or discovered backup issues, but You acknowledge that the Company has no liability related to the integrity of Content or failure to restore Content to a usable state.

Notice and action

To report specific Content that You believe is illegal or infringes intellectual property rights, email get@pushin.eu. This is Our electronic point of contact for users and authorities under Articles 11 and 12 of the Digital Services Act. Our electronic notice mechanism follows Article 16.

A sufficiently detailed notice should include:

• A clear explanation of why You believe the Content is illegal or infringing.
• The exact URL or other information that lets Us locate the Content.
• Your name and email address, except where applicable law permits an exception.
• A good-faith statement that the information and allegations are accurate and complete.

We will acknowledge a complete notice, assess it in a timely, diligent, objective, and non-arbitrary way, and tell the notifier Our decision and available routes for redress. Copyright notices in a commonly used DMCA-style format are accepted when they contain the information above.

Reasons and complaints

When We restrict Content or an Account because Content is illegal or violates these Terms, We will give the affected user a clear statement of reasons where We have their electronic contact details and the law permits notice, in line with Article 17 of the Digital Services Act. The explanation will identify the restriction, its basis, whether automated means were used, and available redress.

A user or notifier may submit an internal complaint to get@pushin.eu. Where Article 20 of the Digital Services Act applies, this is also Our internal complaint route. We will review the complaint without undue delay, reverse an unfounded decision, and explain other applicable out-of-court or judicial options.

The Service and its original content, excluding Content provided by You or other users, features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of the Country/State and foreign countries.

Our trademarks and trade dress may not be used with any product or service without the Company's prior written consent.

You assign all rights, title, and interest in any Feedback You provide the Company. If such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit that Feedback without restriction.

Our Service may contain links to third-party websites or services not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services. The Company is not responsible or liable, directly or indirectly, for damage or loss caused or alleged to be caused by use of or reliance on content, goods, or services available through them.

We strongly advise You to read the terms and privacy policies of third-party websites or services You visit.

Content from External Providers

The Service may display, import, or link to content from external providers. The Company does not own, control, endorse, or assume responsibility for those providers or their content.

The Company is not responsible or liable, directly or indirectly, for damage or loss caused or alleged to be caused by Your access to or use of an external provider, including its content, goods, or services. Your use is governed by that provider's terms and privacy policies.

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, contact get@pushin.eu. Account deletion is not currently a self-service feature. We will explain the available export and erasure steps and any data that cannot be removed, including immutable Git history and copies held by other users.

If We terminate Your Subscription for convenience and not due to Your breach, We will refund prepaid fees covering the remainder of the Subscription term after the effective termination date. Termination does not relieve You of fees payable for the period before termination.

If We discontinue a paid plan or the Service for reasons other than Your breach, We will provide reasonable advance notice and a data export window where practicable. Repositories can be exported with git clone while access remains available.

Notwithstanding any damages You might incur, the entire liability of the Company and its suppliers under these Terms, and Your exclusive remedy, shall be limited to the amount actually paid by You through the Service during the 12 months before the claim, or EUR 100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for special, incidental, indirect, or consequential damages, including loss of profits, data, business, personal injury, or privacy, arising from use of or inability to use the Service, third-party software or hardware used with it, or any provision of these Terms, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.

These limits do not exclude liability that cannot be excluded under applicable law and do not reduce mandatory consumer rights. Where a limitation is not enforceable, liability is limited only to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE", with all faults and defects and without warranty of any kind. To the maximum extent permitted by law, the Company, its Affiliates, and their licensors and service providers disclaim all express, implied, statutory, or other warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, performance, usage, or trade practice. The Company does not warrant that the Service will meet Your requirements, achieve intended results, work with other systems, operate without interruption, meet performance or reliability standards, be error-free, or have all errors corrected.

Neither the Company nor its providers represent or warrant the operation or availability of the Service; the information, content, materials, or products included; uninterrupted or error-free operation; the accuracy, reliability, or currency of information; or that the Service, servers, content, or emails are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow exclusions of certain warranties or limitations on statutory consumer rights. In that case, these exclusions and limitations apply to the greatest extent enforceable under applicable law.

The laws of the Netherlands, excluding its conflict-of-law rules, govern these Terms and Your use of the Service. The competent courts of the Netherlands have jurisdiction, without limiting any mandatory right of an EU consumer to bring a claim in the courts available under the law where that consumer lives.

If You have any concern or dispute about the Service, You agree to first try to resolve it informally by contacting the Company.

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

Severability

If any provision of these Terms is held unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, failure to exercise a right or require performance of an obligation does not affect a party's ability to do so later, and waiver of a breach does not waive a subsequent breach.

These Terms and Conditions may have been translated if We made them available to You through Our Service. You agree that the original English text prevails in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice before new terms take effect. What constitutes a material change is determined at Our sole discretion.

By continuing to access or use Our Service after revisions become effective, You agree to the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

If You have any questions about these Terms and Conditions, You can contact Us:

• By email: get@pushin.eu