Terms of Service
Compose. Compile. Ship.
Effective January 15, 2024. Last updated January 15, 2024.
Effective Date and Jurisdiction Statement
These Terms of Service ("Terms") govern your access to and use of the Texkit software (the "Software"), including the Texkit Command Line Interface (CLI) and the Texkit Cloud Service (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wilmington, Delaware, and you hereby submit to the personal jurisdiction of such courts.
Acceptance of Terms
By creating an account, installing the Texkit CLI, or accessing the Texkit Cloud Dashboard, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.
Account Registration and Responsibilities
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Texkit cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
You may not use the Service for any illegal purpose, including but not limited to the generation of malware, phishing content, or unauthorized automated access to third-party systems. You agree to provide accurate, current, and complete information as prompted by the Service's registration mechanisms.
Subscription, Billing, and Cancellation Terms
Texkit operates on a subscription basis. The Pro Tier is priced at $29.00 USD per month (or $290.00 USD annually, billed annually) for a single developer seat. This subscription grants access to the CLI and the standard Cloud Service tier, including 10,000 monthly build credits.
Payment is due in advance on a monthly or annual basis, depending on the plan selected. All fees are non-refundable except as required by law. You may cancel your subscription at any time from your account dashboard. Cancellations take effect at the end of the current billing cycle; no prorated refunds will be issued for the unused portion of a billing cycle.
Acceptable Use Policy
You agree not to use the Service to:
- Generate, upload, or distribute hate speech, harassment, or sexually explicit material.
- Infringe upon the intellectual property or proprietary rights of any third party.
- Violate any applicable local, state, national, or international law or regulation.
- Attempt to reverse engineer, decompile, or disassemble the Software or its plugins.
We reserve the right to monitor usage patterns and terminate accounts that violate these policies immediately, without prior notice or liability to you.
Intellectual Property Ownership
Texkit and its logo, the software, the source code, the documentation, and all other content, features, and functionality of the Service are the exclusive and proprietary intellectual property of Texkit Inc. and are protected by copyright, trademark, and other intellectual property laws.
Your content remains your property. However, by using the Service, you grant Texkit a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display your content solely for the purpose of providing and improving the Service and for internal quality assurance.
Limitation of Liability and Disclaimers
Disclaimer of Warranty: The Software and Service are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
Limitation of Liability: In no event shall Texkit Inc., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Notwithstanding the foregoing, Texkit’s total liability to you for all damages shall not exceed the amount you paid, if any, for the Service in the twelve (12) months prior to the claim.
Dispute Resolution and Governing Law
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and then by a single arbitrator. The place of arbitration shall be Wilmington, Delaware. The arbitration award shall be final and binding, and judgment may be entered on the award in any court having jurisdiction thereof.
Changes to Terms Notification Process
We reserve the right to modify these Terms at any time. We will notify users of any changes by posting the new Terms on this page and updating the "Last updated" date. Continued use of the Service after such modifications constitutes your acceptance of the new Terms.
Texkit will provide at least thirty (30) days' notice prior to any material changes that would be materially adverse to your rights under these Terms. Changes to payment terms or subscription fees require fifteen (15) days' prior notice.