diff options
| author | Jay V <[email protected]> | 2025-12-17 20:17:30 -0500 |
|---|---|---|
| committer | Jay V <[email protected]> | 2025-12-17 20:17:33 -0500 |
| commit | 289b2b6a51c3a02b5263dbb10e8dc413c23867a4 (patch) | |
| tree | e31725f940a93cfd7ce3ac2685c98ec2fa22c0ff | |
| parent | 49b4b5907e6a73870e967e6792d29f7a435942c2 (diff) | |
| download | opencode-289b2b6a51c3a02b5263dbb10e8dc413c23867a4.tar.gz opencode-289b2b6a51c3a02b5263dbb10e8dc413c23867a4.zip | |
docs: add legal pages with privacy policy and terms of service links
| -rw-r--r-- | .gitignore | 1 | ||||
| -rw-r--r-- | packages/console/app/src/component/legal.tsx | 6 | ||||
| -rw-r--r-- | packages/console/app/src/routes/brand/index.css | 3 | ||||
| -rw-r--r-- | packages/console/app/src/routes/legal/privacy-policy/index.css | 343 | ||||
| -rw-r--r-- | packages/console/app/src/routes/legal/privacy-policy/index.tsx | 1512 | ||||
| -rw-r--r-- | packages/console/app/src/routes/legal/terms-of-service/index.css | 254 | ||||
| -rw-r--r-- | packages/console/app/src/routes/legal/terms-of-service/index.tsx | 512 |
7 files changed, 2630 insertions, 1 deletions
diff --git a/.gitignore b/.gitignore index 3d4f9095a..7b9c006f9 100644 --- a/.gitignore +++ b/.gitignore @@ -19,3 +19,4 @@ Session.vim opencode.json a.out target +.scripts diff --git a/packages/console/app/src/component/legal.tsx b/packages/console/app/src/component/legal.tsx index c055977e3..e971a31e1 100644 --- a/packages/console/app/src/component/legal.tsx +++ b/packages/console/app/src/component/legal.tsx @@ -9,6 +9,12 @@ export function Legal() { <span> <A href="/brand">Brand</A> </span> + <span> + <A href="/legal/privacy-policy">Privacy</A> + </span> + <span> + <A href="/legal/terms-of-service">Terms</A> + </span> </div> ) } diff --git a/packages/console/app/src/routes/brand/index.css b/packages/console/app/src/routes/brand/index.css index 1240b91a5..2bfe5711a 100644 --- a/packages/console/app/src/routes/brand/index.css +++ b/packages/console/app/src/routes/brand/index.css @@ -8,7 +8,8 @@ } } -[data-page="enterprise"] { +[data-page="enterprise"], +[data-page="legal"] { --color-background: hsl(0, 20%, 99%); --color-background-weak: hsl(0, 8%, 97%); --color-background-weak-hover: hsl(0, 8%, 94%); diff --git a/packages/console/app/src/routes/legal/privacy-policy/index.css b/packages/console/app/src/routes/legal/privacy-policy/index.css new file mode 100644 index 000000000..dbc9f2aa1 --- /dev/null +++ b/packages/console/app/src/routes/legal/privacy-policy/index.css @@ -0,0 +1,343 @@ +[data-component="privacy-policy"] { + max-width: 800px; + margin: 0 auto; + line-height: 1.7; +} + +[data-component="privacy-policy"] h1 { + font-size: 2rem; + font-weight: 700; + color: var(--color-text-strong); + margin-bottom: 0.5rem; + margin-top: 0; +} + +[data-component="privacy-policy"] .effective-date { + font-size: 0.95rem; + color: var(--color-text-weak); + margin-bottom: 2rem; +} + +[data-component="privacy-policy"] h2 { + font-size: 1.5rem; + font-weight: 600; + color: var(--color-text-strong); + margin-top: 3rem; + margin-bottom: 1rem; + padding-top: 1rem; + border-top: 1px solid var(--color-border-weak); +} + +[data-component="privacy-policy"] h2:first-of-type { + margin-top: 2rem; +} + +[data-component="privacy-policy"] h3 { + font-size: 1.25rem; + font-weight: 600; + color: var(--color-text-strong); + margin-top: 2rem; + margin-bottom: 1rem; +} + +[data-component="privacy-policy"] h4 { + font-size: 1.1rem; + font-weight: 600; + color: var(--color-text-strong); + margin-top: 1.5rem; + margin-bottom: 0.75rem; +} + +[data-component="privacy-policy"] p { + margin-bottom: 1rem; + color: var(--color-text); +} + +[data-component="privacy-policy"] ul, +[data-component="privacy-policy"] ol { + margin-bottom: 1rem; + padding-left: 1.5rem; + color: var(--color-text); +} + +[data-component="privacy-policy"] li { + margin-bottom: 0.5rem; + line-height: 1.7; +} + +[data-component="privacy-policy"] ul ul, +[data-component="privacy-policy"] ul ol, +[data-component="privacy-policy"] ol ul, +[data-component="privacy-policy"] ol ol { + margin-top: 0.5rem; + margin-bottom: 0.5rem; +} + +[data-component="privacy-policy"] a { + color: var(--color-text-strong); + text-decoration: underline; + text-underline-offset: 2px; + text-decoration-thickness: 1px; + word-break: break-word; +} + +[data-component="privacy-policy"] a:hover { + text-decoration-thickness: 2px; +} + +[data-component="privacy-policy"] strong { + font-weight: 600; + color: var(--color-text-strong); +} + +[data-component="privacy-policy"] .table-wrapper { + overflow-x: auto; + margin: 1.5rem 0; +} + +[data-component="privacy-policy"] table { + width: 100%; + border-collapse: collapse; + border: 1px solid var(--color-border); +} + +[data-component="privacy-policy"] th, +[data-component="privacy-policy"] td { + padding: 0.75rem 1rem; + text-align: left; + border: 1px solid var(--color-border); + vertical-align: top; +} + +[data-component="privacy-policy"] th { + background: var(--color-background-weak); + font-weight: 600; + color: var(--color-text-strong); +} + +[data-component="privacy-policy"] td { + color: var(--color-text); +} + +[data-component="privacy-policy"] td ul { + margin: 0; + padding-left: 1.25rem; +} + +[data-component="privacy-policy"] td li { + margin-bottom: 0.25rem; +} + +/* Mobile responsiveness */ +@media (max-width: 60rem) { + [data-component="privacy-policy"] { + padding: 0; + } + + [data-component="privacy-policy"] h1 { + font-size: 1.75rem; + } + + [data-component="privacy-policy"] h2 { + font-size: 1.35rem; + margin-top: 2.5rem; + } + + [data-component="privacy-policy"] h3 { + font-size: 1.15rem; + } + + [data-component="privacy-policy"] h4 { + font-size: 1rem; + } + + [data-component="privacy-policy"] table { + font-size: 0.9rem; + } + + [data-component="privacy-policy"] th, + [data-component="privacy-policy"] td { + padding: 0.5rem 0.75rem; + } +} + +html { + scroll-behavior: smooth; +} + +[data-component="privacy-policy"] [id] { + scroll-margin-top: 100px; +} + +@media print { + @page { + margin: 2cm; + size: letter; + } + + [data-component="top"], + [data-component="footer"], + [data-component="legal"] { + display: none !important; + } + + [data-page="legal"] { + background: white !important; + padding: 0 !important; + } + + [data-component="container"] { + max-width: none !important; + border: none !important; + margin: 0 !important; + } + + [data-component="content"], + [data-component="brand-content"] { + padding: 0 !important; + margin: 0 !important; + } + + [data-component="privacy-policy"] { + max-width: none !important; + margin: 0 !important; + padding: 0 !important; + } + + [data-component="privacy-policy"] * { + color: black !important; + background: transparent !important; + } + + [data-component="privacy-policy"] h1 { + font-size: 24pt; + margin-top: 0; + margin-bottom: 12pt; + page-break-after: avoid; + } + + [data-component="privacy-policy"] h2 { + font-size: 18pt; + border-top: 2pt solid black !important; + padding-top: 12pt; + margin-top: 24pt; + margin-bottom: 8pt; + page-break-after: avoid; + page-break-before: auto; + } + + [data-component="privacy-policy"] h2:first-of-type { + margin-top: 16pt; + } + + [data-component="privacy-policy"] h3 { + font-size: 14pt; + margin-top: 16pt; + margin-bottom: 8pt; + page-break-after: avoid; + } + + [data-component="privacy-policy"] h4 { + font-size: 12pt; + margin-top: 12pt; + margin-bottom: 6pt; + page-break-after: avoid; + } + + [data-component="privacy-policy"] p { + font-size: 11pt; + line-height: 1.5; + margin-bottom: 8pt; + orphans: 3; + widows: 3; + } + + [data-component="privacy-policy"] .effective-date { + font-size: 10pt; + margin-bottom: 16pt; + } + + [data-component="privacy-policy"] ul, + [data-component="privacy-policy"] ol { + margin-bottom: 8pt; + page-break-inside: auto; + } + + [data-component="privacy-policy"] li { + font-size: 11pt; + line-height: 1.5; + margin-bottom: 4pt; + page-break-inside: avoid; + } + + [data-component="privacy-policy"] a { + color: black !important; + text-decoration: underline; + } + + [data-component="privacy-policy"] .table-wrapper { + overflow: visible !important; + margin: 12pt 0; + } + + [data-component="privacy-policy"] table { + border: 2pt solid black !important; + page-break-inside: avoid; + width: 100% !important; + font-size: 10pt; + } + + [data-component="privacy-policy"] th, + [data-component="privacy-policy"] td { + border: 1pt solid black !important; + padding: 6pt 8pt !important; + background: white !important; + } + + [data-component="privacy-policy"] th { + background: #f0f0f0 !important; + font-weight: bold; + page-break-after: avoid; + } + + [data-component="privacy-policy"] tr { + page-break-inside: avoid; + } + + [data-component="privacy-policy"] td ul { + margin: 2pt 0; + padding-left: 12pt; + } + + [data-component="privacy-policy"] td li { + margin-bottom: 2pt; + font-size: 9pt; + } + + [data-component="privacy-policy"] strong { + font-weight: bold; + color: black !important; + } + + [data-component="privacy-policy"] h1, + [data-component="privacy-policy"] h2, + [data-component="privacy-policy"] h3, + [data-component="privacy-policy"] h4 { + page-break-inside: avoid; + page-break-after: avoid; + } + + [data-component="privacy-policy"] h2 + p, + [data-component="privacy-policy"] h3 + p, + [data-component="privacy-policy"] h4 + p, + [data-component="privacy-policy"] h2 + ul, + [data-component="privacy-policy"] h3 + ul, + [data-component="privacy-policy"] h4 + ul { + page-break-before: avoid; + } + + [data-component="privacy-policy"] table, + [data-component="privacy-policy"] .table-wrapper { + page-break-inside: avoid; + } +} diff --git a/packages/console/app/src/routes/legal/privacy-policy/index.tsx b/packages/console/app/src/routes/legal/privacy-policy/index.tsx new file mode 100644 index 000000000..8b30ba14e --- /dev/null +++ b/packages/console/app/src/routes/legal/privacy-policy/index.tsx @@ -0,0 +1,1512 @@ +import "../../brand/index.css" +import "./index.css" +import { Title, Meta, Link } from "@solidjs/meta" +import { Header } from "~/component/header" +import { config } from "~/config" +import { Footer } from "~/component/footer" +import { Legal } from "~/component/legal" + +export default function PrivacyPolicy() { + return ( + <main data-page="legal"> + <Title>OpenCode | Privacy Policy</Title> + <Link rel="canonical" href={`${config.baseUrl}/legal/privacy-policy`} /> + <Meta name="description" content="OpenCode privacy policy" /> + <div data-component="container"> + <Header /> + + <div data-component="content"> + <section data-component="brand-content"> + <article data-component="privacy-policy"> + <h1>Privacy Policy</h1> + <p class="effective-date">Effective date: Dec 16, 2025</p> + + <p> + At OpenCode, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your + personal data.{" "} + <strong> + By using or accessing our Services in any manner, you acknowledge that you accept the practices and + policies outlined below, and you hereby consent that we will collect, use and disclose your + information as described in this Privacy Policy. + </strong> + </p> + + <p> + Remember that your use of OpenCode is at all times subject to our Terms of Use,{" "} + <a href="/legal/terms-of-service">https://opencode.ai/legal/terms-of-service</a>, which incorporates + this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to + them in the Terms of Use. + </p> + + <p>You may print a copy of this Privacy Policy by clicking the print button in your browser.</p> + + <p> + As we continually work to improve our Services, we may need to change this Privacy Policy from time to + time. We will alert you of material changes by placing a notice on the OpenCode website, by sending you + an email and/or by some other means. Please note that if you've opted not to receive legal notice emails + from us (or you haven't provided us with your email address), those legal notices will still govern your + use of the Services, and you are still responsible for reading and understanding them. If you use the + Services after any changes to the Privacy Policy have been posted, that means you agree to all of the + changes. + </p> + + <h2>Privacy Policy Table of Contents</h2> + <ul> + <li> + <a href="#what-this-privacy-policy-covers">What this Privacy Policy Covers</a> + </li> + <li> + <a href="#personal-data">Personal Data</a> + <ul> + <li> + <a href="#categories-of-personal-data">Categories of Personal Data We Collect</a> + </li> + <li> + <a href="#commercial-purposes"> + Our Commercial or Business Purposes for Collecting Personal Data + </a> + </li> + <li> + <a href="#other-permitted-purposes">Other Permitted Purposes for Processing Personal Data</a> + </li> + <li> + <a href="#categories-of-sources">Categories of Sources of Personal Data</a> + </li> + </ul> + </li> + <li> + <a href="#how-we-disclose">How We Disclose Your Personal Data</a> + </li> + <li> + <a href="#tracking-tools">Tracking Tools and Opt-Out</a> + </li> + <li> + <a href="#data-security">Data Security</a> + </li> + <li> + <a href="#personal-data-of-children">Personal Data of Children</a> + </li> + <li> + <a href="#california-resident-rights">California Resident Rights ("CCPA")</a> + </li> + <li> + <a href="#colorado-resident-rights">Colorado Resident Rights ("CPA")</a> + </li> + <li> + <a href="#connecticut-resident-rights">Connecticut Resident Rights ("CTDPA")</a> + </li> + <li> + <a href="#delaware-resident-rights">Delaware Resident Rights ("DPDPA")</a> + </li> + <li> + <a href="#iowa-resident-rights">Iowa Resident Rights ("ICDPA")</a> + </li> + <li> + <a href="#montana-resident-rights">Montana Resident Rights ("MCDPA")</a> + </li> + <li> + <a href="#nebraska-resident-rights">Nebraska Resident Rights ("NDPA")</a> + </li> + <li> + <a href="#new-hampshire-resident-rights">New Hampshire Resident Rights ("NHPA")</a> + </li> + <li> + <a href="#new-jersey-resident-rights">New Jersey Resident Rights ("NJPA")</a> + </li> + <li> + <a href="#oregon-resident-rights">Oregon Resident Rights ("OCPA")</a> + </li> + <li> + <a href="#texas-resident-rights">Texas Resident Rights ("TDPSA")</a> + </li> + <li> + <a href="#utah-resident-rights">Utah Resident Rights ("UCPA")</a> + </li> + <li> + <a href="#virginia-resident-rights">Virginia Resident Rights ("VCDPA")</a> + </li> + <li> + <a href="#exercising-your-rights">Exercising Your Rights under the State Privacy Laws</a> + </li> + <li> + <a href="#other-state-law-privacy-rights">Other State Law Privacy Rights</a> + </li> + <li> + <a href="#contact-information">Contact Information</a> + </li> + </ul> + + <h2 id="what-this-privacy-policy-covers">What this Privacy Policy Covers</h2> + <p> + This Privacy Policy covers how we treat Personal Data that we gather when you access or use our + Services. "Personal Data" means any information that identifies or relates to a particular individual + and also includes information referred to as "personally identifiable information" or "personal + information" under applicable data privacy laws, rules or regulations. This Privacy Policy does not + cover the practices of companies we don't own or control or people we don't manage. + </p> + + <h2 id="personal-data">Personal Data</h2> + + <h3 id="categories-of-personal-data">Categories of Personal Data We Collect</h3> + <p> + This chart details the categories of Personal Data that we collect and have collected over the past 12 + months: + </p> + + <div class="table-wrapper"> + <table> + <thead> + <tr> + <th>Category of Personal Data (and Examples)</th> + <th>Business or Commercial Purpose(s) for Collection</th> + <th>Categories of Third Parties With Whom We Disclose this Personal Data</th> + </tr> + </thead> + <tbody> + <tr> + <td> + <strong>Profile or Contact Data</strong> such as first and last name, email, phone number and + mailing address. + </td> + <td> + <ul> + <li>Providing, Customizing and Improving the Services</li> + <li>Marketing the Services</li> + <li>Corresponding with You</li> + </ul> + </td> + <td> + <ul> + <li>Service Providers</li> + <li>Business Partners</li> + <li>Parties You Authorize, Access or Authenticate</li> + </ul> + </td> + </tr> + <tr> + <td> + <strong>Payment Data</strong> such as financial account information, payment card type, full + number of payment card, last 4 digits of payment card, bank account information, billing + address, billing phone number and billing email + </td> + <td> + <ul> + <li>Providing, Customizing and Improving the Services</li> + <li>Marketing the Services</li> + <li>Corresponding with You</li> + </ul> + </td> + <td> + <ul> + <li>Service Providers (specifically our payment processing partner)</li> + <li>Business Partners</li> + <li>Parties You Authorize, Access or Authenticate</li> + </ul> + </td> + </tr> + <tr> + <td> + <strong>Device/IP Data</strong> such as IP address, device ID, domain server, type of + device/operating system/browser used to access the Services. + </td> + <td> + <ul> + <li>Providing, Customizing and Improving the Services</li> + <li>Marketing the Services</li> + <li>Corresponding with You</li> + </ul> + </td> + <td> + <ul> + <li>None</li> + <li>Service Providers</li> + <li>Business Partners</li> + <li>Parties You Authorize, Access or Authenticate</li> + </ul> + </td> + </tr> + <tr> + <td> + <strong>Other Identifying Information that You Voluntarily Choose to Provide</strong> such as + information included in conversations or prompts that you submit to AI + </td> + <td> + <ul> + <li>Providing, Customizing and Improving the Services</li> + <li>Marketing the Services</li> + <li>Corresponding with You</li> + </ul> + </td> + <td> + <ul> + <li>Service Providers</li> + <li>Business Partners</li> + <li>Parties You Authorize, Access or Authenticate</li> + </ul> + </td> + </tr> + </tbody> + </table> + </div> + + <h3 id="commercial-purposes">Our Commercial or Business Purposes for Collecting Personal Data</h3> + + <h4>Providing, Customizing and Improving the Services</h4> + <ul> + <li>Creating and managing your account or other user profiles.</li> + <li>Providing you with the products, services or information you request.</li> + <li>Meeting or fulfilling the reason you provided the information to us.</li> + <li>Providing support and assistance for the Services.</li> + <li> + Improving the Services, including testing, research, internal analytics and product development. + </li> + <li>Doing fraud protection, security and debugging.</li> + <li> + Carrying out other business purposes stated when collecting your Personal Data or as otherwise set + forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the + California Privacy Rights Act of 2020 (the "CCPA"), the Colorado Privacy Act (the "CPA"), the + Connecticut Data Privacy Act (the "CTDPA"), the Delaware Personal Data Privacy Act (the "DPDPA"), the + Iowa Consumer Data Protection Act (the "ICDPA"), the Montana Consumer Data Privacy Act ("MCDPA"), the + Nebraska Data Privacy Act (the "NDPA"), the New Hampshire Privacy Act (the "NHPA"), the New Jersey + Privacy Act (the "NJPA"), the Oregon Consumer Privacy Act ("OCPA"), the Texas Data Privacy and + Security Act ("TDPSA"), the Utah Consumer Privacy Act (the "UCPA"), or the Virginia Consumer Data + Protection Act (the "VCDPA") (collectively, the "State Privacy Laws"). + </li> + </ul> + + <h4>Marketing the Services</h4> + <ul> + <li>Marketing and selling the Services.</li> + </ul> + + <h4>Corresponding with You</h4> + <ul> + <li> + Responding to correspondence that we receive from you, contacting you when necessary or requested, and + sending you information about OpenCode. + </li> + <li>Sending emails and other communications according to your preferences.</li> + </ul> + + <h3 id="other-permitted-purposes">Other Permitted Purposes for Processing Personal Data</h3> + <p> + In addition, each of the above referenced categories of Personal Data may be collected, used, and + disclosed with the government, including law enforcement, or other parties to meet certain legal + requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, + regulation, court order or other legal process, such as preventing, detecting and investigating security + incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of + you, OpenCode or another party; enforcing any agreements with you; responding to claims that any posting + or other content violates third-party rights; and resolving disputes. + </p> + + <p> + We will not collect additional categories of Personal Data or use the Personal Data we collected for + materially different, unrelated or incompatible purposes without providing you notice or obtaining your + consent. + </p> + + <h3 id="categories-of-sources">Categories of Sources of Personal Data</h3> + <p>We collect Personal Data about you from the following categories of sources:</p> + + <h4>You</h4> + <ul> + <li> + When you provide such information directly to us. + <ul> + <li>When you create an account or use our interactive tools and Services.</li> + <li> + When you voluntarily provide information in free-form text boxes through the Services or through + responses to surveys or questionnaires. + </li> + <li>When you send us an email or otherwise contact us.</li> + </ul> + </li> + <li> + When you use the Services and such information is collected automatically. + <ul> + <li>Through Cookies (defined in the "Tracking Tools and Opt-Out" section below).</li> + <li> + If you download and install certain applications and software we make available, we may receive + and collect information transmitted from your computing device for the purpose of providing you + the relevant Services, such as information regarding when you are logged on and available to + receive updates or alert notices. + </li> + </ul> + </li> + </ul> + + <h4>Public Records</h4> + <ul> + <li>From the government.</li> + </ul> + + <h4>Third Parties</h4> + <ul> + <li> + Vendors + <ul> + <li> + We may use analytics providers to analyze how you interact and engage with the Services, or third + parties may help us provide you with customer support. + </li> + <li>We may use vendors to obtain information to generate leads and create user profiles.</li> + </ul> + </li> + </ul> + + <h2 id="how-we-disclose">How We Disclose Your Personal Data</h2> + <p> + We disclose your Personal Data to the categories of service providers and other parties listed in this + section. Depending on state laws that may be applicable to you, some of these disclosures may constitute + a "sale" of your Personal Data. For more information, please refer to the state-specific sections below. + </p> + + <h3>Service Providers</h3> + <p> + These parties help us provide the Services or perform business functions on our behalf. They include: + </p> + <ul> + <li>Hosting, technology and communication providers.</li> + <li>Analytics providers for web traffic or usage of the site.</li> + <li>Security and fraud prevention consultants.</li> + <li>Support and customer service vendors.</li> + </ul> + + <h3>Business Partners</h3> + <p>These parties partner with us in offering various services. They include:</p> + <ul> + <li>Businesses that you have a relationship with.</li> + <li>Companies that we partner with to offer joint promotional offers or opportunities.</li> + </ul> + + <h3>Parties You Authorize, Access or Authenticate</h3> + <ul> + <li>Home buyers</li> + </ul> + + <h3>Legal Obligations</h3> + <p> + We may disclose any Personal Data that we collect with third parties in conjunction with any of the + activities set forth under "Other Permitted Purposes for Processing Personal Data" section above. + </p> + + <h3>Business Transfers</h3> + <p> + All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, + acquisition, bankruptcy or other transaction in which that third party assumes control of our business + (in whole or in part). + </p> + + <h3>Data that is Not Personal Data</h3> + <p> + We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including + by removing information that makes the data personally identifiable to a particular user. We may use + such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful + business purposes, including to analyze, build and improve the Services and promote our business, + provided that we will not disclose such data in a manner that could identify you. + </p> + + <h2 id="tracking-tools">Tracking Tools and Opt-Out</h2> + <p> + The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and + JavaScript (collectively, "Cookies") to enable our servers to recognize your web browser, tell us how + and when you visit and use our Services, analyze trends, learn about our user base and operate and + improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, + tablet, phone or similar device when you use that device to access our Services. We may also supplement + the information we collect from you with information received from third parties, including third + parties that have placed their own Cookies on your device(s). + </p> + + <p> + Please note that because of our use of Cookies, the Services do not support "Do Not Track" requests sent + from a browser at this time. + </p> + + <p>We use the following types of Cookies:</p> + + <ul> + <li> + <strong>Essential Cookies.</strong> Essential Cookies are required for providing you with features or + services that you have requested. For example, certain Cookies enable you to log into secure areas of + our Services. Disabling these Cookies may make certain features and services unavailable. + </li> + <li> + <strong>Functional Cookies.</strong> Functional Cookies are used to record your choices and settings + regarding our Services, maintain your preferences over time and recognize you when you return to our + Services. These Cookies help us to personalize our content for you, greet you by name and remember + your preferences (for example, your choice of language or region). + </li> + <li> + <strong>Performance/Analytical Cookies.</strong> Performance/Analytical Cookies allow us to understand + how visitors use our Services. They do this by collecting information about the number of visitors to + the Services, what pages visitors view on our Services and how long visitors are viewing pages on the + Services. Performance/Analytical Cookies also help us measure the performance of our advertising + campaigns in order to help us improve our campaigns and the Services' content for those who engage + with our advertising. For example, Google LLC ("Google") uses cookies in connection with its Google + Analytics services. Google's ability to use and disclose information collected by Google Analytics + about your visits to the Services is subject to the Google Analytics Terms of Use and the Google + Privacy Policy. You have the option to opt-out of Google's use of Cookies by visiting the Google + advertising opt-out page at{" "} + <a href="http://www.google.com/privacy_ads.html">www.google.com/privacy_ads.html</a> or the Google + Analytics Opt-out Browser Add-on at{" "} + <a href="https://tools.google.com/dlpage/gaoptout/">https://tools.google.com/dlpage/gaoptout/</a>. + </li> + </ul> + + <p> + You can decide whether or not to accept Cookies through your internet browser's settings. Most browsers + have an option for turning off the Cookie feature, which will prevent your browser from accepting new + Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on + acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on + your device. If you do this, however, you may have to manually adjust some preferences every time you + visit our website and some of the Services and functionalities may not work. + </p> + + <p> + To find out more information about Cookies generally, including information about how to manage and + delete Cookies, please visit{" "} + <a href="http://www.allaboutcookies.org/">http://www.allaboutcookies.org/</a>. + </p> + + <h2 id="data-security">Data Security</h2> + <p> + We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate + physical, technical, organizational and administrative security measures based on the type of Personal + Data and how we are processing that data. You should also help protect your data by appropriately + selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer + or device and browser; and signing off after you have finished accessing your account. Although we work + to protect the security of your account and other data that we hold in our records, please be aware that + no method of transmitting data over the internet or storing data is completely secure. + </p> + + <h3>Data Retention</h3> + <p> + We retain Personal Data about you for as long as necessary to provide you with our Services or to + perform our business or commercial purposes for collecting your Personal Data. When establishing a + retention period for specific categories of data, we consider who we collected the data from, our need + for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In + some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal + obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable + law, rule or regulation. We may further retain information in an anonymous or aggregated form where that + information would not identify you personally. + </p> + + <h2 id="personal-data-of-children">Personal Data of Children</h2> + <p> + As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under + 18 years of age; if you are a child under the age of 18, please do not attempt to register for or + otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data + from a child under 18 years of age, we will delete that information as quickly as possible. If you + believe that a child under 18 years of age may have provided Personal Data to us, please contact us at{" "} + <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h2 id="california-resident-rights">California Resident Rights</h2> + <p> + If you are a California resident, you have the rights set forth in this section. Please see the + "Exercising Your Rights under the State Privacy Laws" section below for instructions regarding how to + exercise these rights. Please note that we may process Personal Data of our customers' end users or + employees in connection with our provision of certain services to our customers. If we are processing + your Personal Data as a service provider, you should contact the entity that collected your Personal + Data in the first instance to address your rights with respect to such data. Additionally, please note + that these rights are subject to certain conditions and exceptions under applicable law, which may + permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a California resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access</h3> + <p> + You have the right to request certain information about our collection and use of your Personal Data. In + response, we will provide you with the following information in the past 12 months: + </p> + <ul> + <li>The categories of Personal Data that we have collected about you.</li> + <li>The categories of sources from which that Personal Data was collected.</li> + <li>The business or commercial purpose for collecting or selling your Personal Data.</li> + <li>The categories of third parties with whom we have shared your Personal Data.</li> + <li>The specific pieces of Personal Data that we have collected about you.</li> + </ul> + + <p> + If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 + months, we will identify the categories of Personal Data shared with each category of third party + recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories + of Personal Data sold to each category of third party recipient. + </p> + + <p> + You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. + If you do make such a request, we are required to provide that information unless doing so proves + impossible or would involve disproportionate effort. + </p> + + <h3>Deletion</h3> + <p> + You have the right to request that we delete the Personal Data that we have collected from you. Under + the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal + Data to provide you with the Services or complete a transaction or other action you have requested, or + if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject + to one of these exceptions, we may deny your deletion request. + </p> + + <h3>Correction</h3> + <p> + You have the right to request that we correct any inaccurate Personal Data we have collected about you. + Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the + totality of circumstances related to your Personal Data, that such data is correct. If your correction + request is subject to one of these exceptions, we may deny your request. + </p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We will not sell or share your Personal Data, and have not done so over the last 12 months. To our + knowledge, we do not sell or share the Personal Data of minors under 13 years of age or of consumers + under 16 years of age. + </p> + + <h3>Limit the Use of Sensitive Personal Information</h3> + <p> + Consumers have certain rights over the processing of their Sensitive Personal Information. However, we + do not collect Sensitive Personal Information. + </p> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA</h3> + <p> + We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our + goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the CCPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="colorado-resident-rights">Colorado Resident Rights</h2> + <p> + If you are a Colorado resident, you have the rights set forth under the Colorado Privacy Act ("CPA"). + Please see the "Exercising Your Rights under the State Privacy Laws" section below for instructions + regarding how to exercise these rights. Please note that we may process Personal Data of our customers' + end users or employees in connection with our provision of certain services to our customers. If we are + processing your Personal Data as a service provider, you should contact the entity that collected your + Personal Data in the first instance to address your rights with respect to such data. Additionally, + please note that these rights are subject to certain conditions and exceptions under applicable law, + which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Colorado resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access and request a copy of your Personal Data in a machine-readable format, to the extent technically + feasible, twice within a calendar year. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data concerning you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the CPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" to make "Decisions" under the CPA. "Profiling" + means any form of automated processing performed on personal data to evaluate, analyze or predict + personal aspects related to an identified or identifiable individual's economic situation, health, + personal preferences, interests, reliability, behavior, location or movements. "Decision" means any + "Decisions that produce legal or similarly significant effects concerning a Consumer," as defined in the + CPA that concern you. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, 2) + Personal Data from a known child under 13 years of age, 3) to sell, or process Personal Data for + Targeted Advertising or Profiling after you exercise your right to opt-out, or 4) Personal Data for + Secondary Use. + </p> + + <p> + If you would like to withdraw your consent, please follow the instructions under the "Exercising Your + Rights under the State Privacy Laws" section. + </p> + + <h3>We Will Not Discriminate Against You</h3> + <p> + We will not process your personal data in violation of state and federal laws that prohibit unlawful + discrimination against consumers. + </p> + + <h2 id="connecticut-resident-rights">Connecticut Resident Rights</h2> + <p> + If you are a Connecticut resident, you have the rights set forth under the Connecticut Data Privacy Act + ("CTDPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Connecticut resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access your Personal Data and request a copy of your Personal Data in a machine-readable format, to the + extent technically feasible. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the CTDPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" as defined under the CTDPA. "Profiling" means any + form of automated processing performed on personal data to evaluate, analyze or predict personal aspects + related to an identified or identifiable individual's economic situation, health, personal preferences, + interests, reliability, behavior, location or movements. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, 2) + Sensitive Data from a known child under 13 years of age, or 3) to sell, or process Personal Data for + Targeted Advertising of a consumer at least 13 years of age but younger than 16 years of age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the CTDPA</h3> + <p> + We will not discriminate against you for exercising your rights under the CTDPA. We will not deny you + our goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the CTDPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the CTDPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="delaware-resident-rights">Delaware Resident Rights</h2> + <p> + If you are a Delaware resident, you have the rights set forth under the Delaware Personal Data Privacy + Act ("DPDPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Delaware resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access and request a copy of your Personal Data in a machine-readable format, to the extent technically + feasible. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the DPDPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" to make "Decisions" under the DPDPA. "Profiling" + means any form of automated processing performed on personal data to evaluate, analyze or predict + personal aspects related to an identified or identifiable individual's economic circumstances, health, + personal preferences, interests, reliability, behavior, location or movements. "Decision" means any + "Decisions that produce legal or similarly significant effects concerning a Consumer," as defined in the + DPDPA that concern you. To our knowledge, we do not process the Personal Data of consumers under 18 + years of age for the purpose of Profiling. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, 2) + Sensitive Data from a known child under 13 years of age, 3) or to sell, or process Personal Data for + Targeted Advertising, or Profiling of a consumer at least 13 years of age but younger than 18 years of + age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You</h3> + <p> + We will not discriminate against you for exercising your rights under the DPDPA. We will not deny you + our goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the DPDPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the DPDPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="iowa-resident-rights">Iowa Resident Rights</h2> + <p> + If you are an Iowa resident, you have the rights set forth under the Iowa Consumer Data Protection Act + ("ICDPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are an Iowa resident, the portion that is more protective of Personal Data shall control to the extent + of such conflict. If you have any questions about this section or whether any of the following rights + apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access and request a copy of your Personal Data in a machine-readable format, to the extent technically + feasible, twice within a calendar year. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us.</p> + + <h3>Opt-Out of Certain Processing Activities</h3> + <ul> + <li>Targeted Advertising: We do not process your Personal Data for targeted advertising purposes.</li> + <li>Sale of Personal Data: We do not currently sell your Personal Data as defined under the ICDPA.</li> + <li>Processing of Sensitive Personal Data: We do not process Sensitive Personal Data.</li> + </ul> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the ICDPA</h3> + <p> + We will not discriminate against you for exercising your rights under the ICDPA. We will not deny you + our goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the ICDPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the ICDPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="montana-resident-rights">Montana Resident Rights</h2> + <p> + If you are a Montana resident, you have the rights set forth under the Montana Consumer Data Privacy Act + ("MCDPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Montana resident, the portion that is more protective of Personal Data shall control to the extent + of such conflict. If you have any questions about this section or whether any of the following rights + apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access your Personal Data and request a copy of your Personal Data in a machine-readable format, to the + extent technically feasible. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the MCDPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" to make "Decisions" under the MCDPA. "Profiling" + means any form of automated processing performed on personal data to evaluate, analyze or predict + personal aspects related to an identified or identifiable individual's economic circumstances, health, + personal preferences, interests, reliability, behavior, location or movements. "Decision" means any + "Decisions that produce legal or similarly significant effects concerning a Consumer," as defined in the + MCDPA that concern you. To our knowledge, we do not process the Personal Data of consumers under 16 + years of age for the purpose of Profiling. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, 2) + Sensitive Data from a known child under 13 years of age, or 3) to sell, or process Personal Data for + Targeted Advertising or Profiling of a consumer at least 13 years of age but younger than 16 years of + age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the MCDPA</h3> + <p> + We will not discriminate against you for exercising your rights under the MCDPA. We will not deny you + our goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the MCDPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the MCDPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="nebraska-resident-rights">Nebraska Resident Rights</h2> + <p> + If you are a Nebraska resident, you have the rights set forth under the Nebraska Data Privacy Act + ("NDPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Nebraska resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access your Personal Data and request a copy of your Personal Data in a machine-readable format, to the + extent technically feasible, twice within a calendar year. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the NDPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" to make "Decisions" under the NDPA. "Profiling" + means any form of automated processing performed on personal data to evaluate, analyze or predict + personal aspects related to an identified or identifiable individual's economic circumstances, health, + personal preferences, interests, reliability, behavior, location or movements. "Decision" means any + "Decisions that produce legal or similarly significant effects concerning a Consumer," as defined in the + NDPA that concern you. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data and + 2) Sensitive Data from a known child under 13 years of age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the NDPA</h3> + <p> + We will not discriminate against you for exercising your rights under the NDPA. We will not deny you our + goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the NDPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the NDPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="new-hampshire-resident-rights">New Hampshire Resident Rights</h2> + <p> + If you are a New Hampshire resident, you have the rights set forth under the New Hampshire Privacy Act + ("NHPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a New Hampshire resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access your Personal Data and request a copy of your Personal Data in a machine-readable format, to the + extent technically feasible. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the NHPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" to make "Decisions" under the NHPA. "Profiling" + means any form of automated processing performed on personal data to evaluate, analyze or predict + personal aspects related to an identified or identifiable individual's economic circumstances, health, + personal preferences, interests, reliability, behavior, location or movements. "Decision" means any + "Decisions that produce legal or similarly significant effects concerning a Consumer," as defined in the + NHPA that concern you. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data and + 2) Sensitive Data from a known child under 13 years of age, 3) or to sell or process Personal Data for + Targeted Advertising of a consumer at least 13 years of age but younger than 16 years of age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the NHPA</h3> + <p> + We will not discriminate against you for exercising your rights under the NHPA. We will not deny you our + goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the NHPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the NHPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="new-jersey-resident-rights">New Jersey Resident Rights</h2> + <p> + If you are a New Jersey resident, you have the rights set forth under the New Jersey Privacy Act + ("NJPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a New Jersey resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access and request a copy of your Personal Data in a machine-readable format, to the extent technically + feasible. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data concerning you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the NJPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" to make "Decisions" under the NJPA. "Profiling" + means any form of automated processing performed on personal data to evaluate, analyze or predict + personal aspects related to an identified or identifiable individual's economic circumstances, health, + personal preferences, interests, reliability, behavior, location or movements. "Decision" means any + "Decisions that produce legal or similarly significant effects concerning a Consumer," as defined in the + NJPA that concern you. To our knowledge, we do not process the Personal Data of consumers under 17 years + of age for the purpose of Profiling. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, 2) + Sensitive Data from a known child under 13 years of age, 3) or to sell, or process Personal Data for + Targeted Advertising, or Profiling of a consumer at least 13 years of age but younger than 17 years of + age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You</h3> + <p> + We will not discriminate against you for exercising your rights under the NJPA. We will not deny you our + goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the NJPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the NJPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="oregon-resident-rights">Oregon Resident Rights</h2> + <p> + If you are an Oregon resident, you have the rights set forth under the Oregon Consumer Privacy Act + ("OCPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are an Oregon resident, the portion that is more protective of Personal Data shall control to the extent + of such conflict. If you have any questions about this section or whether any of the following rights + apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access and request a copy of your Personal Data, including a list of specific third parties, other than + natural persons, to which we have disclosed your Personal Data or any Personal Data, in a + machine-readable format, to the extent technically feasible. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the OCPA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" to make "Decisions" under the OCPA. "Profiling" + means any form of automated processing performed on personal data to evaluate, analyze or predict + personal aspects related to an identified or identifiable individual's economic circumstances, health, + personal preferences, interests, reliability, behavior, location or movements. "Decision" means any + "Decisions that produce legal or similarly significant effects concerning a Consumer," as defined in the + OCPA that concern you. To our knowledge, we do not process the Personal Data of consumers under 16 years + of age for the purpose of Profiling. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, 2) + Sensitive Data from a known child under 13 years of age, or 3) to sell, or process Personal Data for + Targeted Advertising, or Profiling of a consumer at least 13 years of age but younger than 16 years of + age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You</h3> + <p> + We will not discriminate against you for exercising your rights under the OCPA. We will not deny you our + goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the OCPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the OCPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="texas-resident-rights">Texas Resident Rights</h2> + <p> + If you are a Texas resident, you have the rights set forth under the Texas Data Privacy and Security Act + ("TDPSA"). Please see the "Exercising Your Rights under the State Privacy Laws" section below for + instructions regarding how to exercise these rights. Please note that we may process Personal Data of + our customers' end users or employees in connection with our provision of certain services to our + customers. If we are processing your Personal Data as a service provider, you should contact the entity + that collected your Personal Data in the first instance to address your rights with respect to such + data. Additionally, please note that these rights are subject to certain conditions and exceptions under + applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Texas resident, the portion that is more protective of Personal Data shall control to the extent + of such conflict. If you have any questions about this section or whether any of the following rights + apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access your Personal Data and request a copy of your Personal Data in a machine-readable format, to the + extent technically feasible, twice within a calendar year. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Personal Data Sales Opt-Out</h3> + <p> + We do not currently sell or process for the purposes of targeted advertising your Personal Data as + defined under the TDPSA. + </p> + + <h3>Profiling Opt-Out</h3> + <p> + We do not process your Personal Data for "Profiling" as defined under the TDPSA. "Profiling" means any + form of solely automated processing performed on personal data to evaluate, analyze, or predict personal + aspects related to an identified or identifiable individual's economic situation, health, personal + preferences, interests, reliability, behavior, location, or movements. + </p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, or + 2) Sensitive Data from a known child under 13 years of age. + </p> + + <p>However, we currently do not collect or process your Personal Data as described above.</p> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the TDPSA</h3> + <p> + We will not discriminate against you for exercising your rights under the TDPSA. We will not deny you + our goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the TDPSA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the TDPSA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="utah-resident-rights">Utah Resident Rights</h2> + <p> + If you are a Utah resident, you have the rights set forth under the Utah Consumer Privacy Act ("UCPA"). + Please see the "Exercising Your Rights under the State Privacy Laws" section below for instructions + regarding how to exercise these rights. Please note that we may process Personal Data of our customers' + end users or employees in connection with our provision of certain services to our customers. If we are + processing your Personal Data as a service provider, you should contact the entity that collected your + Personal Data in the first instance to address your rights with respect to such data. Additionally, + please note that these rights are subject to certain conditions and exceptions under applicable law, + which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Utah resident, the portion that is more protective of Personal Data shall control to the extent of + such conflict. If you have any questions about this section or whether any of the following rights apply + to you, please contact us at [email protected]. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access your Personal Data and request a copy of your Personal Data in a machine-readable format, to the + extent technically feasible. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data that you have provided to us.</p> + + <h3>Opt-Out of Certain Processing Activities</h3> + <ul> + <li>Targeted Advertising: We do not process your Personal Data for targeted advertising purposes.</li> + <li>Sale of Personal Data: We do not currently sell your Personal Data as defined under the UCPA.</li> + <li>Processing of Sensitive Personal Data: We do not process Sensitive Personal Data.</li> + </ul> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the UCPA</h3> + <p> + We will not discriminate against you for exercising your rights under the UCPA. We will not deny you our + goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the UCPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the UCPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="virginia-resident-rights">Virginia Resident Rights</h2> + <p> + If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data + Protection Act ("VCDPA"). Please see the "Exercising Your Rights under the State Privacy Laws" section + below for instructions regarding how to exercise these rights. Please note that we may process Personal + Data of our customers' end users or employees in connection with our provision of certain services to + our customers. If we are processing your Personal Data as a service provider, you should contact the + entity that collected your Personal Data in the first instance to address your rights with respect to + such data. Additionally, please note that these rights are subject to certain conditions and exceptions + under applicable law, which may permit or require us to deny your request. + </p> + + <p> + If there are any conflicts between this section and any other provision of this Privacy Policy and you + are a Virginia resident, the portion that is more protective of Personal Data shall control to the + extent of such conflict. If you have any questions about this section or whether any of the following + rights apply to you, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h3>Access and Portability</h3> + <p> + You have the right to request confirmation of whether or not we are processing your Personal Data and to + access your Personal Data, and request a copy of your Personal Data in a machine-readable format, to the + extent technically feasible. + </p> + + <h3>Correction</h3> + <p> + You have the right to correct inaccuracies in your Personal Data, to the extent such correction is + appropriate in consideration of the nature of such data and our purposes of processing your Personal + Data. + </p> + + <h3>Deletion</h3> + <p>You have the right to delete Personal Data you have provided to us or we have obtained about you.</p> + + <h3>Consent or "Opt-in" Required and How to Withdraw</h3> + <p> + We may seek your consent to collect or process certain Personal Data, including: 1) Sensitive Data, or + 2) Sensitive Data from a known child under 13 years of age. + </p> + + <p>However, we currently do not collect or process Personal data as described above.</p> + + <h3>Opt-Out of Certain Processing Activities</h3> + <ul> + <li>Targeted Advertising: We do not process your Personal Data for targeted advertising purposes.</li> + <li>Sale of Personal Data: We do not currently sell your Personal Data as defined under the VDCPA.</li> + <li> + Processing for Profiling Purposes: We do not currently process your Personal Data for the purposes of + profiling. + </li> + </ul> + + <p> + To exercise any of your rights for these certain processing activities, please follow the instructions + under the "Exercising Your Rights under the State Privacy Laws" section. + </p> + + <h3>We Will Not Discriminate Against You for Exercising Your Rights Under the VCDPA</h3> + <p> + We will not discriminate against you for exercising your rights under the VCDPA. We will not deny you + our goods or services, charge you different prices or rates, or provide you a lower quality of goods and + services if you exercise your rights under the VCDPA. However, we may offer different tiers of our + Services as allowed by applicable data privacy laws (including the VCDPA) with varying prices, rates or + levels of quality of the goods or services you receive related to the value of Personal Data that we + receive from you. + </p> + + <h2 id="exercising-your-rights">Exercising Your Rights under the State Privacy Laws</h2> + <p> + To exercise the rights described in this Privacy Policy, you or, if you are a California, Colorado, + Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Oregon or Texas resident, your + Authorized Agent (defined below) must send us a request that (1) provides sufficient information to + allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes + your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request + that meets both of these criteria will be considered a "Valid Request." We may not respond to requests + that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify + your identity and complete your request. You do not need an account to submit a Valid Request. + </p> + + <p> + We will work to respond to your Valid Request within the time period required by applicable law. We will + not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or + manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the + fee and explain that decision before completing your request. + </p> + + <h3>Request to Withdraw Consent to Certain Processing Activities</h3> + <p> + If you are a California resident, you may withdraw your consent allowing us: 1) to sell or share your + Personal Data, by using the following method: + </p> + <ul> + <li> + Email us at <a href="mailto:[email protected]">[email protected]</a> + </li> + <li>Call us at: +1 415 794-0209</li> + </ul> + + <h3>Request to Access, Delete, or Correct</h3> + <p> + You may submit a Valid Request for any other rights afforded to you in this Privacy Policy by using the + following methods: + </p> + <ul> + <li> + Email us at <a href="mailto:[email protected]">[email protected]</a> + </li> + <li>Call us at: +1 415 794-0209</li> + </ul> + + <p> + If you are a California, Colorado, Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey, + Oregon or Texas resident, you may also authorize an agent (an "Authorized Agent") to exercise your + rights on your behalf. To do this, you must provide your Authorized Agent with written permission to + exercise your rights on your behalf, and we may request a copy of this written permission from your + Authorized Agent when they make a request on your behalf. + </p> + + <h3>Appealing a Denial</h3> + <p> + If you are a Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, + Oregon, Texas or Virginia resident and we refuse to take action on your request within a reasonable + period of time after receiving your request in accordance with this section, you may appeal our + decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are + the person about whom the original request pertains and to identify the original request, and (2) + provide a description of the basis of your appeal. Please note that your appeal will be subject to your + rights and obligations afforded to you under the State Privacy Laws (as applicable). We will respond to + your appeal within the time period required under the applicable law. You can submit a Verified Request + to appeal by the following methods: + </p> + <ul> + <li> + Email us at <a href="mailto:[email protected]">[email protected]</a> + </li> + <li>Call us at: +1 415 794-0209</li> + </ul> + + <p> + If we deny your appeal, you have the right to contact the Attorney General of your State, including by + the following links: Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New + Jersey, Oregon, Texas and Virginia. + </p> + + <h2 id="other-state-law-privacy-rights">Other State Law Privacy Rights</h2> + + <h3>California Resident Rights</h3> + <p> + Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to + prevent disclosure of Personal Data to third parties for such third parties' direct marketing purposes; + in order to submit such a request, please contact us at{" "} + <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <p> + Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites + and web applications and services that you do not wish such operators to track certain of your online + activities over time and across different websites. Our Services do not support Do Not Track requests at + this time. To find out more about "Do Not Track," you can visit{" "} + <a href="http://www.allaboutdnt.com">www.allaboutdnt.com</a>. + </p> + + <h3>Nevada Resident Rights</h3> + <p> + Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised + Statutes Chapter 603A. + </p> + + <h2 id="contact-information">Contact Information</h2> + <p> + If you have any questions or comments about this Privacy Policy, the ways in which we collect and use + your Personal Data or your choices and rights regarding such collection and use, please do not hesitate + to contact us at: + </p> + <ul> + <li> + Email: <a href="mailto:[email protected]">[email protected]</a> + </li> + <li>Phone: +1 415 794-0209</li> + </ul> + </article> + </section> + </div> + <Footer /> + </div> + <Legal /> + </main> + ) +} diff --git a/packages/console/app/src/routes/legal/terms-of-service/index.css b/packages/console/app/src/routes/legal/terms-of-service/index.css new file mode 100644 index 000000000..709b3a9c3 --- /dev/null +++ b/packages/console/app/src/routes/legal/terms-of-service/index.css @@ -0,0 +1,254 @@ +[data-component="terms-of-service"] { + max-width: 800px; 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+ } +} diff --git a/packages/console/app/src/routes/legal/terms-of-service/index.tsx b/packages/console/app/src/routes/legal/terms-of-service/index.tsx new file mode 100644 index 000000000..f0d7be61c --- /dev/null +++ b/packages/console/app/src/routes/legal/terms-of-service/index.tsx @@ -0,0 +1,512 @@ +import "../../brand/index.css" +import "./index.css" +import { Title, Meta, Link } from "@solidjs/meta" +import { Header } from "~/component/header" +import { config } from "~/config" +import { Footer } from "~/component/footer" +import { Legal } from "~/component/legal" + +export default function TermsOfService() { + return ( + <main data-page="legal"> + <Title>OpenCode | Terms of Service</Title> + <Link rel="canonical" href={`${config.baseUrl}/legal/terms-of-service`} /> + <Meta name="description" content="OpenCode terms of service" /> + <div data-component="container"> + <Header /> + + <div data-component="content"> + <section data-component="brand-content"> + <article data-component="terms-of-service"> + <h1>Terms of Use</h1> + <p class="effective-date">Effective date: Dec 16, 2025</p> + + <p> + Welcome to OpenCode. Please read on to learn the rules and restrictions that govern your use of OpenCode + (the "Services"). If you have any questions, comments, or concerns regarding these terms or the + Services, please contact us at: + </p> + + <p> + Email: <a href="mailto:[email protected]">[email protected]</a> + </p> + + <p> + These Terms of Use (the "Terms") are a binding contract between you and{" "} + <strong>ANOMALY INNOVATIONS, INC.</strong> ("OpenCode," "we" and "us"). Your use of the Services in any + way means that you agree to all of these Terms, and these Terms will remain in effect while you use the + Services. These Terms include the provisions in this document as well as those in the Privacy Policy{" "} + <a href="/legal/privacy-policy">https://opencode.ai/legal/privacy-policy</a>.{" "} + <strong> + Your use of or participation in certain Services may also be subject to additional policies, rules + and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand + and agree that by using or participating in any such Services, you agree to also comply with these + Additional Terms. + </strong> + </p> + + <p> + Please read these Terms carefully. They cover important information about Services provided to you and + any charges, taxes, and fees we bill you. These Terms include information about{" "} + <a href="#will-these-terms-ever-change">future changes to these Terms</a>,{" "} + <a href="#recurring-billing">automatic renewals</a>,{" "} + <a href="#limitation-of-liability">limitations of liability</a>,{" "} + <a href="#waiver-of-class">a class action waiver</a> and{" "} + <a href="#arbitration-agreement">resolution of disputes by arbitration instead of in court</a>.{" "} + <strong> + PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO + NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. + </strong> + </p> + + <p> + <strong>ARBITRATION NOTICE AND CLASS ACTION WAIVER:</strong> EXCEPT FOR CERTAIN TYPES OF DISPUTES + DESCRIBED IN THE <a href="#arbitration-agreement">ARBITRATION AGREEMENT SECTION BELOW</a>, YOU AGREE + THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR + RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. + </p> + + <h2 id="what-is-opencode">What is OpenCode?</h2> + <p> + OpenCode is an AI-powered coding agent that helps you write, understand, and modify code using large + language models. Certain of these large language models are provided by third parties ("Third Party + Models") and certain of these models are provided directly by us if you use the OpenCode Zen paid + offering ("Zen"). Regardless of whether you use Third Party Models or Zen, OpenCode enables you to + access the functionality of models through a coding agent running within your terminal. + </p> + + <h2 id="will-these-terms-ever-change">Will these Terms ever change?</h2> + <p> + We are constantly trying to improve our Services, so these Terms may need to change along with our + Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on + our site located at opencode.ai, send you an email, and/or notify you by some other means. + </p> + + <p> + If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will + no longer be able to use the Services. If you use the Services in any way after a change to the Terms is + effective, that means you agree to all of the changes. + </p> + + <p> + Except for changes by us as described here, no other amendment or modification of these Terms will be + effective unless in writing and signed by both you and us. + </p> + + <h2 id="what-about-my-privacy">What about my privacy?</h2> + <p> + OpenCode takes the privacy of its users very seriously. For the current OpenCode Privacy Policy, please + click here{" "} + <a href="https://opencode.ai/legal/privacy-policy">https://opencode.ai/legal/privacy-policy</a>. + </p> + + <h3>Children's Online Privacy Protection Act</h3> + <p> + The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain + parental consent before they knowingly collect personally identifiable information online from children + who are under 13 years of age. We do not knowingly collect or solicit personally identifiable + information from children under 13 years of age; if you are a child under 13 years of age, please do not + attempt to register for or otherwise use the Services or send us any personal information. If we learn + we have collected personal information from a child under 13 years of age, we will delete that + information as quickly as possible. If you believe that a child under 13 years of age may have provided + us personal information, please contact us at <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h2 id="what-are-the-basics">What are the basics of using OpenCode?</h2> + <p> + You represent and warrant that you are an individual of legal age to form a binding contract (or if not, + you've received your parent's or guardian's permission to use the Services and have gotten your parent + or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an + organization or entity, you represent and warrant that you are authorized to agree to these Terms on + that organization's or entity's behalf and bind them to these Terms (in which case, the references to + "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). + </p> + + <p> + You will only use the Services for your own internal use, and not on behalf of or for the benefit of any + third party, and only in a manner that complies with all laws that apply to you. If your use of the + Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and + won't be responsible for your using the Services in a way that breaks the law. + </p> + + <h2 id="are-there-restrictions">Are there restrictions in how I can use the Services?</h2> + <p> + You represent, warrant, and agree that you will not provide or contribute anything, including any + Content (as that term is defined below), to the Services, or otherwise use or interact with the + Services, in a manner that: + </p> + + <ol style="list-style-type: lower-alpha;"> + <li> + infringes or violates the intellectual property rights or any other rights of anyone else (including + OpenCode); + </li> + <li> + violates any law or regulation, including, without limitation, any applicable export control laws, + privacy laws or any other purpose not reasonably intended by OpenCode; + </li> + <li> + is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or + otherwise objectionable; + </li> + <li>automatically or programmatically extracts data or Output (defined below);</li> + <li>Represent that the Output was human-generated when it was not;</li> + <li> + uses Output to develop artificial intelligence models that compete with the Services or any Third + Party Models; + </li> + <li> + attempts, in any manner, to obtain the password, account, or other security information from any other + user; + </li> + <li> + violates the security of any computer network, or cracks any passwords or security encryption codes; + </li> + <li> + runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that + run or are activated while you are not logged into the Services, or that otherwise interfere with the + proper working of the Services (including by placing an unreasonable load on the Services' + infrastructure); + </li> + <li> + "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content + (through use of manual or automated means); + </li> + <li>copies or stores any significant portion of the Content; or</li> + <li> + decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or + information of or relating to the Services. + </li> + </ol> + + <p> + A violation of any of the foregoing is grounds for termination of your right to use or access the + Services. + </p> + + <h2 id="who-owns-the-services-and-content">Who Owns the Services and Content?</h2> + + <h3>Our IP</h3> + <p> + We retain all right, title and interest in and to the Services. Except as expressly set forth herein, no + rights to the Services or Third Party Models are granted to you. + </p> + + <h3>Your IP</h3> + <p> + You may provide input to the Services ("Input"), and receive output from the Services based on the Input + ("Output"). Input and Output are collectively "Content." You are responsible for Content, including + ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you + have all rights, licenses, and permissions needed to provide Input to our Services. + </p> + + <p> + As between you and us, and to the extent permitted by applicable law, you (a) retain your ownership + rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if + any, in and to Output. + </p> + + <p> + Due to the nature of our Services and artificial intelligence generally, output may not be unique and + other users may receive similar output from our Services. Our assignment above does not extend to other + users' output. + </p> + + <p> + We use Content to provide our Services, comply with applicable law, enforce our terms and policies, and + keep our Services safe. In addition, if you are using the Services through an unpaid account, we may use + Content to further develop and improve our Services. + </p> + + <p> + If you use OpenCode with Third Party Models, then your Content will be subject to the data retention + policies of the providers of such Third Party Models. Although we will not retain your Content, we + cannot and do not control the retention practices of Third Party Model providers. You should review the + terms and conditions applicable to any Third Party Model for more information about the data use and + retention policies applicable to such Third Party Models. + </p> + + <h2 id="what-about-third-party-models">What about Third Party Models?</h2> + <p> + The Services enable you to access and use Third Party Models, which are not owned or controlled by + OpenCode. Your ability to access Third Party Models is contingent on you having API keys or otherwise + having the right to access such Third Party Models. + </p> + + <p> + OpenCode has no control over, and assumes no responsibility for, the content, accuracy, privacy + policies, or practices of any providers of Third Party Models. We encourage you to read the terms and + conditions and privacy policy of each provider of a Third Party Model that you choose to utilize. By + using the Services, you release and hold us harmless from any and all liability arising from your use of + any Third Party Model. + </p> + + <h2 id="will-opencode-ever-change-the-services">Will OpenCode ever change the Services?</h2> + <p> + We're always trying to improve our Services, so they may change over time. We may suspend or discontinue + any part of the Services, or we may introduce new features or impose limits on certain features or + restrict access to parts or all of the Services. + </p> + + <h2 id="do-the-services-cost-anything">Do the Services cost anything?</h2> + <p> + The Services may be free or we may charge a fee for using the Services. If you are using a free version + of the Services, we will notify you before any Services you are then using begin carrying a fee, and if + you wish to continue using such Services, you must pay all applicable fees for such Services. Any and + all such charges, fees or costs are your sole responsibility. You should consult with your + </p> + + <h3>Paid Services</h3> + <p> + Certain of our Services, including Zen, may be subject to payments now or in the future (the "Paid + Services"). Please see our Paid Services page <a href="/zen">https://opencode.ai/zen</a> for a + description of the current Paid Services. Please note that any payment terms presented to you in the + process of using or signing up for a Paid Service are deemed part of these Terms. + </p> + + <h3>Billing</h3> + <p> + We use a third-party payment processor (the "Payment Processor") to bill you through a payment account + linked to your account on the Services (your "Billing Account") for use of the Paid Services. The + processing of payments will be subject to the terms, conditions and privacy policies of the Payment + Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can + access Stripe's Terms of Service at{" "} + <a href="https://stripe.com/us/checkout/legal">https://stripe.com/us/checkout/legal</a> and their + Privacy Policy at <a href="https://stripe.com/us/privacy">https://stripe.com/us/privacy</a>. We are not + responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use + Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in + effect for any use of such Paid Services in accordance with the applicable payment terms, and you + authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment + Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct + any errors or mistakes that the Payment Processor makes even if it has already requested or received + payment. + </p> + + <h3>Payment Method</h3> + <p> + The terms of your payment will be based on your Payment Method and may be determined by agreements + between you and the financial institution, credit card issuer or other provider of your chosen Payment + Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all + amounts due on your Billing Account upon demand. + </p> + + <h3 id="recurring-billing">Recurring Billing</h3> + <p> + Some of the Paid Services may consist of an initial period, for which there is a one-time charge, + followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you + acknowledge that such Services have an initial and recurring payment feature and you accept + responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., + MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS + CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH + NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION + OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS{" "} + <a href="https://opencode.ai/auth">https://opencode.ai/auth</a>. + </p> + + <h3>Free Trials and Other Promotions</h3> + <p> + Any free trial or other promotion that provides access to a Paid Service must be used within the + specified time of the trial. You must stop using a Paid Service before the end of the trial period in + order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period + and are inadvertently charged for a Paid Service, please contact us at{" "} + <a href="mailto:[email protected]">[email protected]</a>. + </p> + + <h2 id="what-if-i-want-to-stop">What if I want to stop using the Services?</h2> + <p> + You're free to do that at any time; please refer to our Privacy Policy{" "} + <a href="/legal/privacy-policy">https://opencode.ai/legal/privacy-policy</a>, as well as the licenses + above, to understand how we treat information you provide to us after you have stopped using our + Services. + </p> + + <p> + OpenCode is also free to terminate (or suspend access to) your use of the Services for any reason in our + discretion, including your breach of these Terms. OpenCode has the sole right to decide whether you are + in violation of any of the restrictions set forth in these Terms. + </p> + + <p> + Provisions that, by their nature, should survive termination of these Terms shall survive termination. + By way of example, all of the following will survive termination: any obligation you have to pay us or + indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property + rights, and terms regarding disputes between us, including without limitation the arbitration agreement. + </p> + + <h2 id="what-else-do-i-need-to-know">What else do I need to know?</h2> + + <h3>Warranty Disclaimer</h3> + <p> + OpenCode and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each + of their respective officers, directors, members, employees, consultants, contract employees, + representatives and agents, and each of their respective successors and assigns (OpenCode and all such + parties together, the "OpenCode Parties") make no representations or warranties concerning the Services, + including without limitation regarding any Content contained in or accessed through the Services, and + the OpenCode Parties will not be responsible or liable for the accuracy, copyright compliance, legality, + or decency of material contained in or accessed through the Services or any claims, actions, suits + procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your + participation in, the Services. The OpenCode Parties make no representations or warranties regarding + suggestions or recommendations of services or products offered or purchased through or in connection + with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY OPENCODE (AND ITS LICENSORS AND SUPPLIERS) + ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT + LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, + OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON + HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. + </p> + + <h3 id="limitation-of-liability">Limitation of Liability</h3> + <p> + TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY + (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE + OPENCODE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, + PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS + INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR + MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN + EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU + TO OPENCODE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE + CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR + LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND + EXCLUSIONS MAY NOT APPLY TO YOU. + </p> + + <h3>Indemnity</h3> + <p> + You agree to indemnify and hold the OpenCode Parties harmless from and against any and all claims, + liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising + from or in any way related to any claims relating to (a) your use of the Services, and (b) your + violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to + provide notice of the Claim to the contact information we have for your account (provided that failure + to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). + </p> + + <h3>Assignment</h3> + <p> + You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your + Services account, in any way (by operation of law or otherwise) without OpenCode's prior written + consent. We may transfer, assign, or delegate these Terms and our rights and obligations without + consent. + </p> + + <h3>Choice of Law</h3> + <p> + These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal + law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. + </p> + + <h3 id="arbitration-agreement">Arbitration Agreement</h3> + <p> + Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain + disputes and claims with OpenCode and limits the manner in which you can seek relief from OpenCode. Both + you and OpenCode acknowledge and agree that for the purposes of any dispute arising out of or relating + to the subject matter of these Terms, OpenCode's officers, directors, employees and independent + contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of + these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce + these Terms against you as the third-party beneficiary hereof. + </p> + + <h4>Arbitration Rules; Applicability of Arbitration Agreement</h4> + <p> + The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising + out of or relating to the subject matter of these Terms directly through good-faith negotiations, which + shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the + dispute, it shall be finally settled by binding arbitration in New Castle County, Delaware. The + arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration + Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial + experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be + selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the + award rendered by such arbitrator may be entered in any court of competent jurisdiction. + </p> + + <h4>Costs of Arbitration</h4> + <p> + The Rules will govern payment of all arbitration fees. OpenCode will pay all arbitration fees for claims + less than seventy-five thousand ($75,000) dollars. OpenCode will not seek its attorneys' fees and costs + in arbitration unless the arbitrator determines that your claim is frivolous. + </p> + + <h4>Small Claims Court; Infringement</h4> + <p> + Either you or OpenCode may assert claims, if they qualify, in small claims court in New Castle County, + Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing + obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other + equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or + threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade + secrets, patents or other intellectual property rights. + </p> + + <h4>Waiver of Jury Trial</h4> + <p> + YOU AND OPENCODE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT + OF A JUDGE OR JURY. You and OpenCode are instead choosing to have claims and disputes resolved by + arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than + rules applicable in court and are subject to very limited review by a court. In any litigation between + you and OpenCode over whether to vacate or enforce an arbitration award, YOU AND OPENCODE WAIVE ALL + RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. + </p> + + <h4 id="waiver-of-class">Waiver of Class or Consolidated Actions</h4> + <p> + ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED + ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE + ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, + this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor + OpenCode is entitled to arbitration; instead all claims and disputes will be resolved in a court as set + forth in (g) below. + </p> + + <h4>Opt-out</h4> + <p> + You have the right to opt out of the provisions of this Section by sending written notice of your + decision to opt out to the following address: [ADDRESS], [CITY], Canada [ZIP CODE] postmarked within + thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, + (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement + that you want to opt out of these Terms' arbitration agreement. + </p> + + <h4>Exclusive Venue</h4> + <p> + If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration + agreement permits either you or OpenCode to litigate any dispute arising out of or relating to the + subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to + either party, and both you and OpenCode agree that any judicial proceeding (other than small claims + actions) will be brought in the state or federal courts located in, respectively, New Castle County, + Delaware, or the federal district in which that county falls. + </p> + + <h4>Severability</h4> + <p> + If the prohibition against class actions and other claims brought on behalf of third parties contained + above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement + section will be null and void. This arbitration agreement will survive the termination of your + relationship with OpenCode. + </p> + + <h3>Miscellaneous</h3> + <p> + You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other + governmental assessments associated with your activity in connection with the Services, provided that + the OpenCode may, in its sole discretion, do any of the foregoing on your behalf or for itself as it + sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed + a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable + or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these + Terms shall otherwise remain in full force and effect and enforceable. You and OpenCode agree that these + Terms are the complete and exclusive statement of the mutual understanding between you and OpenCode, and + that these Terms supersede and cancel all previous written and oral agreements, communications and other + understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you + are not an employee, agent, partner, or joint venture of OpenCode, and you do not have any authority of + any kind to bind OpenCode in any respect whatsoever. + </p> + + <p> + Except as expressly set forth in the section above regarding the arbitration agreement, you and OpenCode + agree there are no third-party beneficiaries intended under these Terms. + </p> + </article> + </section> + </div> + <Footer /> + </div> + <Legal /> + </main> + ) +} |
