⚙️ Terms of Service

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Mergify SAS ("Company", "we", "us", or "our"), concerning your access to and use of the https://mergify.io website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Subject Matter

These Terms of Service (the "Terms") govern the customer’s use of Mergify.

Mergify communicates with the GitHub hosting service ("GitHub", which is offered by GitHub Inc.) on the customer’s behalf. The customer must have a valid GitHub account and must have agreed to GitHub’s terms of service. Any costs associated with opening or maintaining the customer’s GitHub account are the customer’s sole responsibility. The customer will provide Mergify with its GitHub account information (the “GitHub Sign-In”) when signing into GitHub via mergify.io (the “Website”). The customer consents to Mergify accessing the customer’s GitHub account. Mergify will directly communicate in the name of the customer and in its own name with GitHub, and the customer authorizes Mergify to act on its behalf towards GitHub Inc. The customer is solely liable for any costs or damages that GitHub Inc. associates with the GitHub Sign-In.

Service Specification

Mergify provides an online, automated workflow management service ("Service"). It is integrated with GitHub.

To provide the Service, Mergify will access the customer's GitHub account on the customer's behalf. Mergify will download the files required to execute the workflow on a GitHub repository specified by the customer and will create new content based on that workflow. Mergify will never store details of the customer's code, except as required to make the aforementioned updates.

No consultancy, training, troubleshooting, or support is within the scope of the services offered by Mergify under these Terms.

Your Account

Using Mergify requires the opening of an Account at https://mergify.io by using the customer’s GitHub Sign-In. Mergify may only be used by GitHub users.

By opening an Account with Mergify, the customer is deemed to accept these Terms.

An Account may only be used by one single person. The customer is entitled to create separate accounts for its employees.

The person opening the account represents that they have the legal authority to bind the legal entity they act for and provide the GitHub Sign-Ins to Mergify.

In connection with the Account registration, the customer is obliged to:

  • keep Account data confidential at all times and to do everything to avoid any third party getting hold of the data. In this respect "third party" also includes all employees of the customer that are not designated to use Mergify;
  • immediately inform Mergify in case of loss, theft or other disclosure of the Account data to a third party or when misuse of the Account data is suspected, and to immediately change the password;
  • allow the Account data to be used only by designated administrators that are specified in the registration procedure.

Obligations of the Customer

If the customer chooses a paid plan, the customer agrees to pay Mergify the fees set out in the pricing section at https://mergify.io from time to time. Mergify’s fees will be collected automatically as part of the customer’s payments via Stripe, Paddle, or GitHub for GitHub’s marketplace services.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge the payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We offer a 14-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at support@mergify.io.

The customer must not interfere or intend to interfere in any manner with the functionality or proper working of Mergify.

The customer will indemnify and hold harmless Mergify, its officers and directors, employees and agents from any and all third party claims, damages, and costs (including reasonable attorney fees) arising out of the customer’s use of Mergify in a manner not authorized by these Terms or in a manner that violates applicable law.

Obligations of Mergify

Mergify will use reasonable commercial endeavors to ensure that the Service is performed substantially in accordance with the Service specification and in a timely and professional manner.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

Mergify will use reasonable commercial endeavors to ensure that any defects in the Service shall be remediated within a reasonable time following a detailed notification of such defect being given to Mergify by the customer.

Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

As part of providing the Service, Mergify generates software contributions to the customer's repositories. For the avoidance of doubt, Mergify grants to each customer a non-exclusive, worldwide right or license to perform, display, and use the contributions and any content contained in, accessed by or transmitted through Mergify to customer's repositories.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us that do not contain any confidential or proprietary information or any personal data of the Customer are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that you shall not knowingly and in bad faith, infringe any third party intellectual property rights in making such Submissions.

Warranty

Mergify warrants that, insofar as it is aware, the customer's use of the Service and software therein in accordance with these Terms will not infringe the intellectual property rights of any third party.

The customer warrants that:

  1. it will comply at all times with these Terms;
  2. it will not use the Service for any purpose that could, in Mergify’s reasonable opinion, be considered obscene, blasphemous, defamatory, promote or incite terrorism or hatred based on religion, race or disability, or is illegal pursuant to all applicable laws and regulations (including copyright laws);
  3. it will not introduce to the Service any virus, worm, Trojan horse, adware, spyware, or any other form of malicious content, code, or software or anything which may otherwise compromise Mergify’s Service, properties or assets. Downtime and Services Suspensions

Adjustments, changes, and updates of Mergify that help to avoid or maintain dysfunctions of the Service may lead to temporary Service suspensions. Mergify will try to limit downtime of the Service or restrictions of accessibility to 10 hours a month.

The customer is aware that the Service relies on working internet infrastructure. Additional downtime of the Service can occur, if the website is not available and at any other time with restrictive access to the internet.

The customer is aware that Mergify does not work if GitHub is not properly available (be it to Mergify or the customer).

Rights to Use

Subject to and conditional upon the customer’s compliance with these Terms, the customer is granted a limited, non-exclusive, non-transferable, non-sublicensable right to use Mergify as software as a service via the internet.

The customer is not granted any additional right to the Service or any other intellectual property of Mergify. The customer shall not be entitled to make copies of the Service or any software therein. The customer shall not translate the program code into other forms of code (decompilation) or employ other methods aimed at revealing the code embedded in the software of the Service in the various stages of its development (reverse engineering).

The customer is not entitled to remove or make alterations to copyright notices, serial numbers, or other features that serve to identify the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, Mergify 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, goodwill or other intangible losses resulting from your access to and use of (or inability to access and use) the Service.

In no event shall Mergify’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 Service within the 12 months preceding such claim or series of claims.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Confidentiality

Each of Mergify and the customer undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its 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 Mergify and the customer shall use its reasonable endeavors to prevent the publication or disclosure of any confidential information concerning such matters.

Data Protection

Mergify will process personal data in accordance with its Privacy Policy, available at https://mergify.io/privacy

Term and Termination

These Terms will remain in effect until terminated by Mergify or the customer in accordance with this paragraph.

Mergify or the customer may terminate these Terms for any or no reason at their convenience at any time. Termination may be issued in writing or by using the provided account closing mechanism if provided by Mergify. By terminating these Terms, the customer waives its right to further use of the Service and acknowledges that Mergify will not be liable to refund any sums paid by the customer in respect of the remaining duration of the customer’s then-current subscription period.

No notice period is required for Mergify or the customer to terminate these Terms. The Warranty, Limitation of Liability, Confidentiality, Governing Law and Jurisdiction, and Resolving Disputes paragraphs will survive termination.

Governing Law and Jurisdiction

Mergify’s relationship with the customer is governed by French law and the French courts shall have exclusive jurisdiction over any disputes relating or connected to it.

Resolving Disputes

Should the customer have any concerns or complaints about the Service Mergify provides, the customer should contact Mergify in the first instance using any of the methods set out on the Mergify website. Mergify will work with the customer in order to understand the issue and work towards a swift resolution.

Notices

Any notice or other communication required to be given to Mergify or the customer under or in connection with these Terms shall be sent by e-mail to the email address registered by the customer with GitHub, or to any updated email address the customer provides from time to time.

Notices to Mergify must be directed to support@mergify.io.

Final Provisions

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

The customer may set off only legally binding and recognized claims. The rights and obligations arising from these Terms are generally not transferable. However, Mergify may transfer these Terms with all rights and obligations to a company of its choice.

If any provision of these Terms is or later becomes invalid, or contains omissions, the validity of the other provisions shall remain unaffected. Mergify and the customer shall agree upon a new provision, which shall resemble the invalid provision as closely as possible in purpose and meaning considering the interests of Mergify or the customer and the legal regulations, to replace the invalid provision. In the event of an omission in these Terms, a provision shall be agreed upon which shall correspond with that which would have been agreed, pursuant to the purpose and meaning of these Terms, if the matter had been considered by Mergify and the customer when these Terms was formed.

Last Updated: 13 July 2020