1 Introduction "This Service Agreement (the 'Agreement') is made between Simple Comment, the provider of the service (hereinafter referred to as 'Simple Comment', 'we', 'us', or 'our') and any individual or entity ('Customer') who accesses or uses Simple Comment's services ('Service')."
2 Service Overview Simple Comment is a commenting platform that can be used on any website. The Service is designed to be free, flexible, open-source, private, and scalable.
3 Customer Obligations The Customer shall comply with all applicable laws and regulations while using the Service. The Customer shall be responsible for providing accurate and complete information to the Company, and shall not use the Service to post or transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
4 Service Availability The Company shall make the Service available to the Customer 24 hours a day, 7 days a week, subject to scheduled maintenance and upgrades. The Company shall use commercially reasonable efforts to minimize downtime and interruptions to the Service.
5 Intellectual Property Rights
5.1 License to Use the Service. Subject to the terms and conditions of this Agreement, we grant to you a non-exclusive, non-transferable, limited license to use the Service, including any updates and upgrades that we may provide to you solely for your internal business purposes.
5.2 Ownership of Intellectual Property. You acknowledge that all intellectual property rights in the Service and any modifications or improvements thereof, including any software, algorithms, techniques, know-how, and documentation, belong exclusively to us or our licensors. You agree not to contest the validity or ownership of any intellectual property rights of ours in the Service, or assist any third-party in doing so.
5.3 Open Source Software. The Simple Comment backend source code is licensed under the GNU Affero General Public License version 3.0 (AGPLv3), and your use of the Service is subject to the terms and conditions of AGPLv3. You acknowledge and agree that your use of the Service does not grant you any ownership or other rights in the open source software, and that your use of the open source software is subject to the terms and conditions of AGPLv3.
5.4 Open Source Contributions. By making any contributions to the Service, including but not limited to source code, bug fixes, or suggestions, you agree to the terms of the Contributor License Agreement (CLA) located at The Simple Comment repository. The CLA requires that you grant to us a license to use, reproduce, modify, and distribute your contributions as part of the Service, and represents your agreement that the contributions do not infringe upon the intellectual property rights of any third party.
5.4 Feedback. We welcome and encourage feedback from our customers regarding the Service. If you provide us with any feedback or suggestions, you hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute such feedback or suggestions for any purpose related to improving and enhancing the Service. By providing us with your feedback or suggestions, you are helping us to better understand your needs and improve our Service for all of our customers.
5.5 Third-Party Intellectual Property. You acknowledge that the Service may contain or rely on third-party intellectual property, and that we make no representation or warranty with respect to any such third-party intellectual property. We will have no liability for any claim of infringement or misappropriation of any third-party intellectual property in connection with your use of the Service.
5.6 Remedies. You acknowledge that a breach of this section may cause us irreparable harm for which we may not have an adequate remedy at law. Accordingly, you agree that we shall be entitled to seek injunctive relief to prevent or remedy any breach or threatened breach of this section, without the necessity of posting a bond or other security.
5.7 Survival. This section shall survive termination or expiration of this Agreement.
6 Confidentiality The Customer shall not disclose any confidential information received from the Company in connection with the Service to any third party without the Company’s prior written consent. The Customer shall use such confidential information only for the purpose of using the Service.
7 Limitation of Liability The Company shall not be liable to the Customer or any third party for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the Service, including but not limited to damages for loss of profits, business interruption, or loss of data.
8 Indemnification The Customer shall indemnify and hold harmless the Company, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Customer’s use of the Service.
9 Termination Either party may terminate this Agreement upon written notice to the other party. Upon termination, the Customer shall immediately cease all use of the Service.
- Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of Finland and the European Union, without giving effect to its conflict of laws provisions. Any legal action arising out of or in connection with this Agreement shall be brought exclusively in the courts located in Helsinki, Finland.
11 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
12 Amendments This Agreement may be amended or modified only by a writing signed by both parties.