Definitions

"Terms" shall mean the terms and conditions described in this document

"Breakside" (or "We", "Us", "Our") shall mean Breakside Inc., a Delaware corporation

"Site" shall mean the website and applications provided by Breakside on https://rocketlaunch.studio, all subdomains, and all related locations.

"Services" shall mean the functionality and products available on the Site, including, but not limited to, the website at https://rocketlaunch.studio and the applications at rocketlaunch.studio subdomains.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity accessing the Site or using the Services.

These are some common words so the remaining document can be more concise and precise

Service Description

Breakside provides Services that include, but are not limited to, a suite of tools to aid in the development, deployment, and maintenance of software applications You author. Use of these Services is conditioned on accepting these Terms in full.

We made a suite of tools that helps you develop, deploy, and maintain apps.

Acceptance of Terms

By using the Services, You are agreeing to be legally bound by these Terms, Our Privacy Policy, and all applicable laws. If You do not agree to any provision of these Terms, You must discontinue any and all use of the Services.

If you're using Rocket Launch Studio, you agree to this entire document

Modification of Terms

Breakside reserves the right to modify the Terms at any time acting on its sole discretion. We will notify You of material changes to the Terms by posting an update on the Site. You are responsible for reviewing modifications to the Terms. Continued use of the Services constitutes acceptance of all modifications to the Terms.

These terms may change, but we'll let you know when they do

Account Creation

When creating an account for the Services, You are required to sign in with a third-party authentication provider.

Your account is automatically created upon verification with the third-party authentication provider, and is used for various purposes such as identifying You when interacting with collaborators, remembering preferences, and recording purchases.

All information provided to Breakside is governed by Our Privacy Policy.

We ask you to sign in so we can identify you to your team, remember your preferences, and keep track of your purchases.

User Conduct

As a condition of use, You promise to use the Services only for purposes that are lawful and are not prohibited by these Terms.

You agree not to use the Services:

  1. For any purpose that is not permitted under the laws of the jurisdiction where you use the Services
  2. To abuse, harass, threaten, impersonate, or intimidate any person
  3. To create or transmit any unwanted messages to any person or URL
  4. For any other purpose not reasonably intended by Breakside
You can't use Rocket Launch Studio for something illegal or abusive

Subscriptions

Rocket Launch Studio may require a paid subscription to fully access its applications.

Subscriptions are offered on a monthly basis and continue until canceled by You or until payments stop.

Upon cancellation, Your subscription will end at the end of its current billing period and will not be pro-rated.

Breakside utilizes Stripe as third party payment processor. Stripe may collect information in order to verify and complete payments. Consult Our Privacy Policy and the Stripe Privacy Policy for more information.

We require a paid subscription for full access to features.

Trial Periods

Trials may be offered for Rocket Launch Studio applications.

Trials are either time-based or limited-usage-based.

Time-based trials end after a specified amount of time elapses. At the end of the period, a purchase is required for continued use.

Limited-Usage-based trials limit application functionality either by disabling certain features or by limiting the amount of content You can create. A purchase is required to remove such limits.

Trials can be used freely without any obligation to purchase a product or subscription.

We offer trials with limited functionality or duration.

Refunds

Refunds due to malfunction of the Site or Services may be requested by Contacting Us.

If you feel one is owed, you can ask for a refund.

Deployment

Rocket Launch Studio includes the Deployment application at https://deployment.rocketlaunch.studio.

Deployment allows You to easily create, configure, modify, and destroy servers that host Your applications.

Misconfiguration of servers can result in Your applications becoming unavailable.

You are solely responsible for the configuration of Your servers, and Deployment requires Your confirmation before executing any configuration changes.

Deployment is an interface for a third-party host (Host), such as Amazon Web Services. You are responsible for any costs and charges issued by the Host that result from creating and configuring servers.

Deployment's use of the Host's application programming interface (API), including read-only calls, may result in charges. Consult Your Host's terms and pricing information.

Deployment makes it easy to launch or change servers, but you're responsible for any changes that are made and any costs incurred.

Service Availability

The Site and Services may be unavailable from time to time for any reason in or out of Our control. For example: upgrades, maintenance, or malfunctioning equipment may result in the temporary unavailability of Services.

Breakside reserves the right to suspend or disable any account at any time without prior notice.

Breakside reserves the right to suspend or discontinue the Site or any Services at any time without prior notice.

Planned and unexpected outages may occur, we may disable your account, or we may stop providing services at any time

Warranty Disclaimer

The Site and Services are provided on an "as is, as available" basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the Site and Services and assume any risks associated with Your exercise of permissions under these Terms.

We offer Rocket Launch Studio as-is and as-available, without any promise that it will meet your needs

Release and Indemnity

You expressly release Breakside, Our affiliates, directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns of and from any and all actions, liability, debts, claims, demands, and expenses, including reasonable attorney fees, that arise from You or anyone with access to Your account, using the Site and the Services.

We are not liable for how you use our site

Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall Breakside be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of the use or inability to use the Site and the Services.

We are not liable for any losses you suffer as a result of using Rocket Launch Studio

Controlling Law

The Terms shall be governed by and construed in accordance with the laws of the State of California, including its conflict of laws rules, and the United States of America.

Any disputes arising from or relating to these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Kern County, California.

Disputes will be handled in court under the laws of California

Severability

If any provision of these Terms shall be found to be unenforceable or invalid, such provision shall be changed, interpreted, or eliminated as to best accomplish the objectives of such provision while preserving the remainder of these Terms to maximum amount possible.

If one part of these Terms is invalid, the rest of the Terms remain