BoltOps Terms of Service
Welcome to BoltOps!
By using BoltOps Services, you agree to this Agreement. This Agreement covers General Terms, Definitions, Services Terms, and Support Terms. These terms and conditions apply to the agreement between you and BoltOps.
Last Modified: Jan 8, 2023
BoltOps offers a range of services, including online applications, materials, private source repositories, and discussion boards, all considered under the umbrella of the BoltOps “Platform.”
You affirm to BoltOps that you are authorized to provide User Information on your behalf and to bind to this Agreement.
1.3 Age Requirements
To create an account and use our services, you must be at least 18 years old. If you are under 18 but at least 13 years old, a parent, legal guardian, or representative from your company can open an account for you and assist you in accessing appropriate content.
You consent to receiving communications about any related products or services electronically.
2. Authorized Users
An “Authorized User” is a person, employee, contractor, robot, or computer program that has been given permission to use BoltOps services. Each Authorized User is granted access to the BoltOps platform on a per-user basis for their specific subscription. You are not allowed to share your account login information with anyone else.
2.2 Adding and Removing Users
The maximum number of users you can add to your subscription is determined by your plan. If you want to add more users, you will need to upgrade to a subscription that allows for a larger number of users. If an Authorized User is no longer working for you or your organization, you must remove them from your subscription within 10 business days.
3. Payment Terms
The price for a BoltOps service is determined at the time of purchase and will remain unchanged for the duration of your commitment period. BoltOps reserves the right to change the price, but you will continue to pay the price that was specified at the time of purchase for the duration of your commitment period. If the price is modified, the change will only apply after your commitment period has ended. You can cancel your account before the price adjustment takes effect.
3.2 Billing for Subscription Services
Upon purchasing a BoltOps subscription, the first month’s fee will be charged to your credit card or U.S. bank account immediately. This subscription bills on a monthly basis and subsequent payments will also be charged to your credit card or U.S. bank account.
BoltOps may allow certain subscriptions to be invoiced upon request. If your request is approved in writing by BoltOps, you will receive an invoice for the full annual amount. Payment must be made within 15 days of the invoice date through ACH or wire transfer.
3.3 Billing for Consulting Services
Consulting services will be invoiced according to the Consulting Services Terms under a separate agreement.
3.4 Late Payments
If you do not make your payments on time, you will be charged a monthly interest fee of 1.5% or the maximum amount allowed by law. You will also be responsible for paying any costs associated with collecting the overdue payments, including collection fees and legal expenses.
4.1 Taxes Not Included
Taxes are not included in BoltOps fees. You will be responsible for paying any applicable taxes, such as sales tax, use tax, value-added tax, or excise tax, as well as any other similar taxes, duties, or charges. This does not apply to taxes on BoltOps’s income.
5. Termination of Services
5.1 Your Termination
You have the option to cancel your subscription at any time. However, you will still be required to pay for the remainder of the commitment term following your cancellation. For the rest of your commitment period, you will continue to have access. If the payment processing fails, BoltOps reserves the right to send an invoice for the full remaining balance. For example, if there are 9 months left in the commitment term and the credit card or bank account payment does not go through, BoltOps will issue an invoice for the remaining 9 months. If you use the Services again after termination, this Agreement will apply with an effective date of the date on which you begin using the Services again.
5.2 BoltOps Termination
BoltOps reserves the right to suspend, deactivate, or terminate this Agreement and your subscription if any of the following occur:
- We believe you have violated these Terms
- We believe you have violated the terms of “8. Competing Services”
- You fail to pay any amounts owed to us in a timely manner
- You have infringed on our intellectual property rights
- You have become bankrupt
- Your use of the Services poses a legal or security risk
5.3 Termination for Material Breach
Either party may terminate this Agreement if the other party materially breaches it and, if the breach can be remedied, fails to fix it within 15 days of receiving notice specifying the breach. The notice of termination must clearly state the breach and provide a reasonable plan for remedying it.
5.4 Automatic Renewal
The subscription will automatically renew at the end of the designated commitment term. For example, if the commitment term is monthly, the subscription will renew for an additional month. If the commitment term is yearly, the subscription will renew for an additional year.
If the Services or any part of the terms of this Agreement are suspended or terminated for any reason, you will not be entitled to a refund of any fees paid, to the fullest extent permitted by law. Additionally, all sections of this Agreement that need to remain in effect after termination, either explicitly or due to their nature, will survive the termination of the Agreement.
5.6 Post-Termination License
Provided you have paid for the services, you are granted a license (as defined in this Agreement) to retain and use the version of the source code of the subscription up until the point of termination. We recommend that you clone the BoltOps code repositories before terminating the subscription.
6. Intellectual Property Rights
6.1 Customer License
BoltOps grants you, subject to the terms of this Agreement, a worldwide, non-exclusive, non-transferable (except as specified in the 7. Assignment in regards to an Acquisition or Merger), non-sublicensable, royalty-free license for your Authorized Users to use the subscription services and provided source code exclusively for your business purposes and to modify the code or create derivative works for your own use. It is important to note that the license is on a per-user basis.
6.2 Distribution rights
You agree that the license is for your exclusive and private use only. You are not allowed to sell, publish, or distribute any of the services or their source code, nor can you sell, publish, or distribute any modifications to the service or derivative works that you have created.
6.3 Transfer of Rights
BoltOps does not transfer any rights, in whole or in part, to the services to any individual or entity. BoltOps retains all rights and ownership to the services
6.4 BoltOps Retains Ownership
BoltOps reserves and retains all rights to the source code, object code, documentation, inventions, trademarks, patent rights, intellectual property rights, and data that make up the services or are used in providing the services. These services are not considered “work-made-for-hire” under United States law.
6.5 Use with Other Customers
You acknowledge that BoltOps has the right to use and incorporate the services into work performed for other customers or third parties.
6.6 Third Party Use
You acknowledge that BoltOps may include third-party software in the services, or may use third-party software to provide the services.
6.7 Customer Contributions
There is no obligation for you to contribute to BoltOps services. If you choose to contribute to BoltOps services, such as a GitHub pull request, you agree that the contribution becomes the property of BoltOps and that you transfer all rights to the contribution to BoltOps. You also agree not to submit any confidential information and that the contribution will not result in any GPL or LGPL “viral obligation” for the rest of the BoltOps services.
6.8 Private Customer Intellectual Property
You may incorporate BoltOps code into your own code repositories as long as you abide by the terms of this Agreement. BoltOps does not claim ownership or have any rights to your intellectual property. You are allowed to make modifications to BoltOps services in your own private code repositories.
6.9 Open Source
It is prohibited for you to distribute the Services or any modified version of them in any manner. If you transmit the Services or any modified versions of them, you are responsible for ensuring that you do not activate any GPL or LGPL “viral obligations” and that you will follow the licenses of any third-party software that you include in the Services or modified versions of them.
6.10 Customer Information
By using the BoltOps service, you are giving us permission to copy, process, and transmit your information for the purpose of providing you with our service. You will still retain the rights to your information.
Without obtaining prior written consent from the other party, neither party may transfer, delegate, subcontract, or assign these terms or their rights and obligations under them. Any attempts to do so without consent will be considered invalid. However, either party may assign these terms in connection with a merger, acquisition, or reorganization without the consent of the other party. These terms will be binding on both parties and their successors.
8. Competing Services
You are prohibited to use the BoltOps Services to compete with BoltOps. You agree that you will not create, offer, distribute, or sell infrastructure code to companies. If we determine, at our sole discretion, that you are violating the agreement on Competing Services, BoltOps has the right to end the agreement and use of the Services. If this occurs, you will lose any License to the BoltOps infrastructure software and must immediately stop using and remove all instances of the BoltOps infrastructure code
9. Third Party Software
We may utilize third party software and applications. For example, Slack for chat purposes. By using these applications, you are subject to their terms and conditions. We reserve the right to discontinue or change the third party software we use at any time. Please note that we do not guarantee compatibility with these third party applications.
10.1 Mutual Non-Disclosure
Both you and BoltOps recognize that while providing Services, either party may reveal confidential and proprietary information about the other party’s business. Both you and BoltOps agree that this information must remain confidential and cannot be disclosed to a third party without written consent.
10.2 Definition of Confidential Information
This Agreement defines “Confidential Information” as any information or material that holds or could potentially hold commercial value or usefulness in the Disclosing Party’s business. Written Confidential Information must be labeled or stamped with the word “Confidential” or a similar warning. If Confidential Information is shared orally, the Disclosing Party must inform the Receiving Party in writing within 30 days.
10.3 Exclusions from Confidential Information
Receiving Party’s obligations under this Agreement do not extend to information that is: (a) was already publicly known at the time of disclosure, or becomes publicly known later through no fault of the Receiving Party, (b) was discovered or created by the Receiving Party before being disclosed by the Disclosing Party, (c) was obtained by the Receiving Party through legitimate means other than from the Disclosing Party or their representatives, or (d) has been authorized for release in writing by the Disclosing Party.
10.4 Protection of Confidential Information
The Receiving Party agrees to keep the Confidential Information confidential and only use it for the benefit of the Disclosing Party. Access to the Confidential Information will be strictly limited to employees, contractors, and third parties who need it to fulfill the purpose of this agreement. The Receiving Party will not use, publish, copy, or disclose the Confidential Information to others without the written approval of the Disclosing Party, and will not allow others to use it for their benefit or to the detriment of the Disclosing Party.
10.5 BoltOps Confidential Information
You acknowledge information provided by the BoltOps Service and pertaining to it is considered confidential unless it is publicly disclosed or distributed by BoltOps.
The Confidentiality agreement will remain in effect for three years after the termination of these Terms.
11. Privacy and Data Security
11.1 Sensitive Data
As a user of BoltOps services, you may transfer data to us for the purpose of receiving those services. However, it is strictly prohibited to transfer any sensitive information, including but not limited to social security numbers, passport information, driver’s license numbers, and full credit card numbers (though the last four digits may be shared). BoltOps will not be held responsible for any harm or damage that may result from the transfer of sensitive personal data in violation of this term.
BoltOps will only use Personal Data for the purpose of delivering services to you. BoltOps will take steps to ensure the security, confidentiality, and integrity of Personal Data by implementing reasonably appropriate technical and organizational measures.
BoltOps will not share Personal Data with any third party, unless it is necessary for the provision of services to you or as required by law.
The Subscription-based Services offered by BoltOps are governed by these terms, in addition to the general terms mentioned previously. These terms outline the rules for the use of the Subscription Services.
1. Commitment Period
When you sign up for a subscription, you will choose a commitment period that can either be monthly or annually. This means that you are committing to paying for the Subscription for at least the chosen period of time. It is important to note that the commitment period may not necessarily be the same as the billing period. The commitment period may differ from the billing period, meaning that you could have an annual commitment period but be charged monthly. The commitment period will be based on the day you initially subscribed or upgraded.
Your credit card will be charged by BoltOps upon submission of the order. For subscriptions like Pro, BoltOps will review and either approve or reject your order. If your order is rejected, BoltOps will refund the charges within 15 days.
If you upgrade your subscription plan, it will start a new commitment term on the day of the upgrade. For instance, if you initially sign up for a subscription with an annual commitment term in January, and then you upgrade the subscription in March, two months later, your new commitment will end in March of the following year.
4. Canceling and Downgrading
If you choose to cancel or downgrade your subscription, the changes will not take effect until the end of the commitment period. For example, if you have an annual subscription that begins in January and you decide to downgrade to a lower plan in March, the downgrade will not occur until January of the following year. Similarly, if you have an annual subscription starting in January and you choose to cancel it in March, the cancellation will not take effect until January of the following year. You will still have access to the Subscription-level services until the end of the commitment period as long as you are following the terms of the agreement. Once the commitment period ends, your subscription will either be canceled or downgraded.
5. Repo Access
Your Subscription provides specific access to private repository infrastructure code to the specific cloud provider of your Subscription choice. For example, AWS, Google, Azure require different subscriptions. BoltOps, at its sole discretion, may offer additional Subscription choices for multiple Cloud providers.
BoltOps offers support for your team, in addition to the general terms mentioned above, through the following specific terms and conditions.
1. Support Requests
By choosing a Subscription with BoltOps support, you have the option to receive assistance with your infrastructure setup. This support is limited to the specific Cloud provider of your Subscription (such as AWS, Google, or Azure) and only applies to issues related to the infrastructure code set up by the BoltOps Subscription. Support may include answering questions, debugging, code reviews, design advice, troubleshooting, and bug fixes. However, BoltOps is not obligated to alter or customize the infrastructure code in response to a support request, regardless of your support tier level.
2. Service Level Agreement
BoltOps agrees to a Service Level Agreement (SLA) that requires a response time of 2 business days. This means that BoltOps will acknowledge receipt of the support request within this time frame and will make a good faith effort to resolve the issue.
BoltOps Professional support is available during normal business hours. There may be certain times, such as national holidays, when the BoltOps team will not be able to offer professional support. If there are additional days when support will not be available, BoltOps will inform you of the affected days.
4. No Emergency Support
Emergency support is not included in BoltOps support. BoltOps grants you a License to use private BoltOps infrastructure code, but it is your responsibility to manage and maintain the infrastructure that is set up. BoltOps provides updates to the code, and it is your responsibility to implement those updates. We recommend periodically synchronizing your code with the latest version of BoltOps infrastructure, following a careful review of the updates.