Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the websites, applications, APIs, and other products and services (collectively, the "Service") provided by YamChat LLC, a Delaware limited liability company doing business as DotVCS ("DotVCS," "we," "us," or "our"). Please read these Terms carefully.

Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. If you are accepting these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is greater) to use the Service. You may not use the Service if you are located in, or are a national or resident of, any country or region subject to comprehensive United States sanctions, or if you are listed on any U.S. government list of prohibited or restricted parties. You may not use the Service if we have previously banned you from the Service.

Accounts

You are responsible for maintaining the confidentiality of your account credentials, for all activities that occur under your account, and for ensuring that the information you provide to us is accurate, current, and complete. You agree to notify us immediately of any unauthorized access to or use of your account. We may, at our sole discretion, require you to reset your password, enable multi-factor authentication, change your username, or take other security-related actions. We may refuse to create accounts, suspend or terminate accounts, and reclaim usernames at any time and at our sole discretion.

The Service

DotVCS provides a hosted code-collaboration platform built around the Jujutsu version control system, including features for storing, versioning, sharing, and collaborating on source code and related content. We may add, remove, modify, or discontinue any feature of the Service at any time, in our sole discretion, with or without notice to you.

Beta and Early Access

Some features of the Service may be offered as alpha, beta, preview, early access, or experimental releases (collectively, "Beta Features"). Beta Features are provided "as is" and "as available," may be unstable, may change at any time, and may be removed without notice. We make no representations, warranties, or commitments of any kind with respect to Beta Features, including any service-level commitments or availability commitments. We may discontinue any Beta Feature, or the Beta Features program in its entirety, at any time.

User Content and License

"User Content" means any content you upload, submit, post, transmit, store, create, or otherwise make available through the Service, including source code, repositories, files, documentation, comments, issues, pull requests, profile information, and other materials. As between you and us, you retain ownership of your User Content.

License to all User Content. You grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, transmit, display, perform, distribute, modify (including for technical purposes such as formatting, conversion, or rendering), and create derivative works of your User Content (for example, to render diffs, generate previews, build search indexes, and detect abuse), in each case as reasonably necessary to operate, secure, and provide the Service to you and your authorized collaborators.

License to public User Content. If you designate any User Content as public (including by uploading content to a public repository or by otherwise making it publicly accessible through the Service), you additionally grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to: (a) use such public User Content to develop, train, evaluate, and improve machine-learning and artificial-intelligence models; (b) index it for search and discovery; (c) display it in product features and promotional materials; (d) share it with partners and the general public; (e) create derivative works of it; and (f) use it for any other lawful purpose. This license is independent of and in addition to any rights granted under any open-source license that may apply to your public User Content; any such open-source license remains in effect between you and downstream recipients but does not limit the rights you grant to us under these Terms.

Your representations.You represent and warrant that you have all rights necessary to grant the licenses described above and that your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, and does not violate any applicable law.

Acceptable Use

You agree that you will not, and will not permit any third party to:

• Use the Service for any unlawful purpose or in violation of any applicable law;
• Upload, post, store, transmit, or distribute content that is illegal, infringing, defamatory, harassing, threatening, hateful, obscene, pornographic, or that depicts the sexual abuse or exploitation of minors;
• Upload, post, store, transmit, or distribute malware, viruses, worms, ransomware, spyware, exploits, or any other malicious code;
• Engage in phishing, spamming, scraping (beyond what robots.txt allows), or sending unsolicited communications;
• Harass, bully, intimidate, dox, or threaten any person, or post another person's private or identifying information without permission;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from any portion of the Service that is not made available to you in source form;
• Bypass or attempt to bypass any rate limits, access controls, or security measures of the Service;
• Use the Service to mine cryptocurrency, run unauthorized compute workloads, or otherwise consume resources in a manner inconsistent with the Service's intended use;
• Abuse, manipulate, or attempt to extract training data from any machine-learning or artificial-intelligence features of the Service;
• Interfere with or disrupt the integrity, performance, or availability of the Service or the data contained therein;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

We may, at our sole discretion and without liability, investigate, remove, or restrict access to any User Content, and suspend or terminate any account, at any time and for any reason, including for suspected violations of these Terms.

Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy.

Our Intellectual Property

The Service and all associated software, designs, text, graphics, logos, trademarks, service marks, trade dress, and other content (excluding User Content) are owned by or licensed to YamChat LLC and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service in accordance with these Terms. No other rights are granted to you, by implication or otherwise. If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use such feedback for any purpose without compensation or attribution.

Copyright Complaints

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe that material on the Service infringes your copyright, please send a notice to dmca@dotvcs.comthat includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information sufficient for us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf. We may, at our sole discretion, terminate the accounts of users who are repeat infringers.

Third-Party Services

The Service may include or link to third-party websites, services, products, or content. We do not control and are not responsible for any third-party services, and your use of them is at your own risk and subject to their own terms and policies.

Fees, Billing, and Refunds

Some features of the Service may be offered for a fee. If you purchase a paid plan, you agree to pay all applicable fees in advance. All fees are non-refundable, except where required by applicable law. We may change our fees and billing methods at any time on notice to you (which may be given by posting the change on the Service). You are responsible for any taxes, duties, and other governmental assessments associated with your use of the Service, excluding taxes based on our net income.

Termination

We may suspend or terminate your access to all or any part of the Service, including any accounts, repositories, or User Content, at any time, for any reason or no reason, with or without notice, and without liability to you. You may stop using the Service at any time. Upon termination, all rights granted to you under these Terms will immediately cease, and any provisions that by their nature should survive termination (including ownership and license provisions, disclaimers, limitations of liability, indemnification, and dispute-resolution provisions) will survive.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT YOUR USER CONTENT WILL NOT BE LOST, CORRUPTED, OR ACCESSED WITHOUT AUTHORIZATION; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DOTVCS, YAMCHAT LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify, defend, and hold harmless YamChat LLC, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your access to or use of the Service; (c) your violation of these Terms; or (d) your violation of any applicable law or any rights of any third party.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them or to the Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to the Arbitration section below, the exclusive venue for any dispute not subject to arbitration will be the state and federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights.

You and DotVCS agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, except that either party may bring an individual action in small claims court for Disputes within the scope of that court's jurisdiction. The arbitration will be conducted in New York County, New York, unless the parties agree otherwise. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction.

Class action and jury trial waiver. You and DotVCS agree that any Dispute will be brought solely in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and DotVCS each waive any right to a jury trial.

30-day opt-out. You may opt out of this Arbitration section by sending written notice of your decision to opt out to legal@dotvcs.com within 30 days of first accepting these Terms. Your notice must include your name, your account email, and a clear statement that you wish to opt out of arbitration. If you opt out, the rest of these Terms (including the Governing Law and Venue section) will continue to apply.

Changes to These Terms

We may revise these Terms from time to time. The "Last Updated" date at the top of this page indicates when these Terms were last revised. Your continued use of the Service after any revision becomes effective constitutes your acceptance of the revised Terms. We will use commercially reasonable efforts to notify you of material changes, in a manner and within a timeframe determined in our sole discretion.

Miscellaneous

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and DotVCS regarding the Service and supersede all prior agreements and understandings. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms freely. There are no third-party beneficiaries of these Terms. Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control. Notices to you may be given by email at the address associated with your account or by posting on the Service. Section headings are for convenience only and have no legal effect.

Contact Us

If you have questions about these Terms, please contact us at legal@dotvcs.com or at:

YamChat LLC d/b/a DotVCS
[MAILING ADDRESS — TBD]