Terms of Use

Effective Date: Nov 19th 2024

Introduction

Welcome to LastDevOps LLC ("LastDevOps", "we", "our", "us"). These Terms of Use ("Terms") govern your use of our website located at https://www.lastdevops.com, your access to and use of LastDevOps Code Review Github App ("the App"), and any other services we provide (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms.

ACCEPTANCE OF TERMS

By accessing or using our Services, you agree to comply with and be bound by these Terms and any applicable laws and regulations. If you do not agree to these Terms, please do not use our Services.

CHANGES TO TERMS

We reserve the right to revise these Terms at any time without notice. When we update the Terms, we will revise the “Effective Date”  shown above and post the new Terms.  By continuing to use our Services after such changes, you agree to be bound by the revised Terms. We encourage you to review these Terms periodically.

ELIGIBILITY

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement. If we discover that a user is under 18 years of age, we reserve the right to terminate such underage user’s access to the Services immediately.

ELECTRONIC COMMUNICATIONS

When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DESCRIPTION OF SERVICES

LastDevOps provides a range of services designed to support professional development and business growth. Our Services include, but are not limited to:

• Website Access: Access to our website at https://www.lastdevops.com where users can find information about our offerings and resources.

• LastDevOps Code Review Github App: a Github App distributed through the Github Marketplace designed to enhance your Pull Requests ("PR") code review workflows. It provides automated code reviews by:

  • Scanning your code: We use "Content" read-only permission to download your repository content and scan it for potential issues.

  • Annotating PRs: We use "Checks" read-write permission to add comments and annotations to your PR files based on results of our analysis.

  • Submitting pull request reviews: We use "Pull Requests" read-write permission to provide summarized feedback on your PRs.

  • Accessing Metadata: We use "Metadata" read-only permission as required by Github to operate the App

  • The App Data Usage:

    • Code Access: The App accesses your code solely for the purpose of performing code review. We do not modify, distribute or execute your code.

    • Data Security: We take reasonable measures to protect your data, but we cannot guarantee absolute security.

    • Data Retention: We retain the results of our code analysis to improve our services. You can request deletion of this data by contacting us at terms@lastdevops.com

• Webinars: Live and recorded webinars streamed on LinkedIn and YouTube, covering best practices and expert insights.

• Recordings: Access to recordings of webinars and training sessions for participants.

As a customer, you will receive access to participation in our webinars, and access to recordings of these sessions post-event. Additionally, you will have access to our website resources and any supplementary materials provided during webinars.  Notwithstanding, we reserve the right to remove any materials or postings at anytime for any reason in our sole discretion.

use of services

You agree to use our Services only for lawful purposes and in a manner consistent with these Terms. You may not:

• Use our Website, or Services in any way that could damage, disable, overburden, or impair our servers or networks.

• Interfere with any other party's use and enjoyment of our Website, or Services.

• Attempt to gain unauthorized access to any part of our Website, or Services or the systems or networks connected to our Website, or Services.

• Create a false identity for the purpose of misleading others.

• Use our Website, or Services to transmit content that is illegal in the United States or the location where transmission is received or to be received.

• Using our Website, or Services to transmit any malicious content such as viruses, trojans, spyware, backdoors, or any other such malicious code or code containing such code. 

• Use any content, trademarks, data, text, graphics, software, recordings, or material of such nature that infringes in any manner any copyright, trademark, patent, trade secret, or other proprietary right of us or another. 

• Violate any applicable laws or regulations.

• Otherwise using our Website, or Services in a manner that they are not intended or as described in these Terms.

INTELLECTUAL PROPERTY

All content, trademarks, and data on our Website and Services, including but not limited to text, graphics, software, and logos, and recordings of webinars, are the property of LastDevOps or its licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute any content from our Website, or Services without our express written permission.

PRIVACY

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices https://www.lastdevops.com/privacy-policy.

GITHUB MARKETPLACE

Installation: The App is available exclusively through the Github Marketplace. By installing the app, you agree to the Github Marketplace Terms of Service

Permissions: You grant the App the necessary permission as outlined in these terms and the Github Marketplace.

Usage Limits: There are no limits on the number of public, or private repositories you can install the App on.

PAYMENT TERMS

No Refunds: All payments for Services are non-refundable unless otherwise specified in these Terms or required by applicable law. Once payment is made, it is non-refundable, even if you choose not to use the Services.

Non-Payment: If payment is not made as agreed, we reserve the right to suspend or terminate your access to the Services until payment is received. We may also seek to collect any outstanding fees through legal means if necessary.

Public Github Repositories: The App is free to use for public repositories

Private Github Repositories: Purchasing the App through the Github Marketplace grants you an unlimited number of private repository installations. Payment is handled through the Github Marketplace, and you agree to their payment terms.

DELIVERY OF SERVICES

We are committed to delivering the Services as described at the time of purchase. Our goal is to provide timely and valuable code reviews and experiences through the App, our webinars, and access to related resources.

Disclaimer of Accuracy: While we strive to provide accurate and helpful code reviews, we do not guarantee the accuracy or completeness of the the App's analysis.

Failure to Deliver: In the rare event that we are unable to deliver the Services as promised due to unforeseen circumstances such as technical issues or The App outage, we will make every effort to restore availability and continue delivery of Services.

FORCE MAJEURE

You will not hold us liable for failure to adhere to these Terms to the extent that the cause of the failure(s) or delay in providing Services or the availability of the Website can be attributable to circumstances beyond our reasonable control, including but not limited to acts of terror, natural disasters, riots, restrictions of laws, governmental regulation or directives, war, international hostilities, insurrection, revolution, epidemic, pandemic, lock-outs, labor disputes, strikes, breakdown, interruption, or failure of telecommunication, network, or digital transmission links, Internet failures or delays, third-party mechanical or other equipment breakdowns, fire, explosions, fiber optic cable cuts, storms, or other similar events to those stated herein.  The provisions of this Force Majeure section shall survive any cancellation or termination of our Services.

TERMINATION OF BUSINESS RELATIONSHIP

Termination by You: You may terminate your use of our Services at any time by providing us with written notice. Any fees paid in advance are non-refundable unless otherwise specified.

Termination by Us: We reserve the right to terminate your access to our Services at any time, with or without cause, and with or without notice. 

DISCLAIMER OF WARRANTY

WE SPECIFICALLY DISCLAIM ALL WARRANTIES WITH RESPECT TO OUR WEBSITE AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES.  ALL SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, USE OF OUR WEBSITE AND SERVICES IS AT YOUR OWN RISK.  FURTHER, WE DO NOT WARRANT THAT OUR SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.  THIS DISCLAIMER OF WARRANTY SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF OUR SERVICES.  

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LASTDEVOPS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES OR WEBSITE, INFORMATION AVAILABLE FROM OUR SERVICES OR WEBSITE, OR FAILURE TO PROVIDE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF WE ARE EVER HELD LIABLE BY A COURT FOR ANY REASON RELATED TO OUR SERVICES OR WEBSITE OR YOUR USE THEREOF, IN NO EVENT SHALL OUR AGGREGATE LIABILITY HEREUNDER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, OF THE FEES PAID TO US BY YOU IN THE CALENDAR YEAR IN WHICH THE DIRECT DAMAGES ARE INCURRED.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.  THIS LIMITATION OF LIABILITY SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF OUR SERVICES. 

INDEMNIFICATION

BY ACCESSING OUR WEBSITE OR USING OUR SERVICES, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LASTDEVOPS LLC, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (INDIVIDUALLY “INDEMNIFIED PARTY” OR JOINTLY “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH OR IN ANY WAY RELATED TO ANY CLAIM ARISING OUT OF OR RESULTING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THESE TERMS, ANY INFRINGEMENT BY YOU, OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED.  THE INDEMNITY PROVISIONS IN THIS SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF OUR SERVICES.

GOVERNING LAW

THESE TERMS, YOUR USE OF OUR SERVICES, AND ANY ACTION(S) RELATED THERETO SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, UNITED STATES, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THESE TERMS SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS LOCATED IN TEXAS, UNITED STATES.  YOU HEREBY ACKNOWLEDGE, CONSENT, AND STIPULATE TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE FEDERAL AND STATE COURTS OF TEXAS, THE FAIRNESS AND CONVENIENCE OF PROCEEDING IN SUCH COURTS, AND THE COVENANT NOT TO ASSERT ANY OBJECTION TO PROCEEDING IN SUCH COURTS. WHEN ACCESSING OUR WEBSITES AND SERVICES FROM A PLACE OUTSIDE THE STATE OF TEXAS, YOU SHALL BE RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAWS, MANDATES, AND JURISDICTIONS OF THAT LOCATION. YOU HEREBY AGREE THAT YOU SHALL NOT USE OUR WEBSITE OR SERVICES IN SUCH A WAY THAT VIOLATES THE UNITED STATES EXPORT LAWS OR REGULATIONS.  THE PROVISIONS OF THIS GOVERNING LAW SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF OUR SERVICES.

SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

CONTACT US

If you have any questions about these Terms, please contact us via Contact Us page, or email us at terms@lastdevops.com