These Terms of Service ("Terms") govern your access to and use of the services provided by Metallic, Inc. ("Metallic," "we," "us," or "our"), including our website, cloud-based virtual computers, and on-premise computing solutions (collectively, the "Services"). By accessing or using any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. Eligibility

You must be at least 18 years old, or the legal age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet these requirements and that you have the legal capacity to enter into a binding agreement.

2. Account Registration

To access certain features of the Services, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not use the Services in any way that could damage, disable, or impair the functioning of the Services or interfere with others' use of the Services. You may not attempt to gain unauthorized access to any part of the Services, accounts, or systems.

4. Subscription and Payment

Access to certain Services may require payment. By subscribing or purchasing a service, you agree to pay all applicable fees and charges. Payments will be made using the payment method you provide at the time of purchase. All fees are non-refundable unless expressly stated otherwise. We may change our pricing at any time, but any changes will not apply retroactively.

5. Intellectual Property

All content, features, and functionality provided through the Services, including but not limited to software, text, images, logos, and trademarks, are the property of Metallic or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business or personal use in accordance with these Terms. You may not reproduce, modify, distribute, sell, or lease any part of the Services without our prior written consent.

6. User Content

You may upload or transmit data, code, or other content to or through the Services ("User Content"). You retain ownership of your User Content, but by submitting it to the Services, you grant Metallic a worldwide, non-exclusive license to host, use, and process your content solely for the purpose of providing the Services. You are responsible for ensuring that you have the necessary rights to grant us this license and that your content does not violate any laws or third-party rights.

7. Service Availability and Modifications

We aim to provide reliable and continuous access to the Services, but we do not guarantee uninterrupted service. We may suspend or modify the Services at any time for maintenance, upgrades, or other reasons without notice. We are not liable for any loss or inconvenience caused by such interruptions.

8. Termination

You may terminate your account at any time by following the account closure process. We may suspend or terminate your access to the Services at our sole discretion if you violate these Terms or engage in activity that harms the Services or other users. Upon termination, your right to use the Services will immediately cease, and we may delete your data in accordance with our data retention policies.

9. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties including but not limited to merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from usage or trade. We do not guarantee that the Services will be error-free or secure.

10. Limitation of Liability

To the fullest extent permitted by law, Metallic and its officers, employees, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services. Our total liability for any claim under these Terms shall not exceed the amount you paid to us, if any, for the Services in the twelve months prior to the claim.

11. Indemnification

You agree to indemnify and hold harmless Metallic and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of the Services, your violation of these Terms, or your infringement of any rights of another.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of laws principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in [Insert Jurisdiction], and you consent to the jurisdiction of such courts.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, practices, or applicable laws. If we make material changes, we will provide notice by updating the effective date or through other means. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Metallic, Inc.
1388 Haight St #1063
San Francisco, CA 94117

Email:
team@metallic.dev