v.8 - Effective August 12th, 2024
These Terms of Service ("Terms") are a binding agreement between you and Serverless, Inc. (“Serverless”).
1.1. By using the Serverless Services, you agree to these Terms. "Serverless" refers to Serverless Inc., located at 558 San Anselmo Ave, Ste A, San Anselmo, CA 94960, United States, and its subsidiaries or affiliates involved in providing the Serverless Services. The “Serverless Services” includes the services made available through this website, the Serverless Framework, the Serverless Framework Dashboard, and any related software or services.
1.2. Your use of the Serverless Services signifies your acceptance of these Terms and the Serverless Privacy Policy (which is a separate Agreement).
1.3. In the event of any conflict between these Terms and your Serverless Subscription Agreement, the Subscription Agreement will take precedence over the Privacy Policy. In the event of any conflict between the Privacy Policy and your Serverless Data Processing Agreement, the Serverless Data Processing Agreement will take precedence over the Privacy Policy.
1.4. You may not use the Serverless Services if you are barred from receiving services under the laws of the United States or other countries. The Services are not intended for children under 13.
1.5. Your purchases of Serverless Services are not contingent on the delivery of future features.1.6. In the event of conflict between these Terms and your Serverless Subscription Agreement, the Subscription Agreement will prevail.
2.1. You must provide accurate and complete registration information. You are responsible for your account’s security and any use thereof. Notify Serverless immediately of any unauthorized use.
2.2. Your use of the Serverless Services must comply with all applicable laws, regulations, and ordinances.
2.3. You agree not to access the administrative interface of the Serverless Services by any means other than through the interface provided by Serverless.
2.4. Your account is subject to “hard” and “soft” usage limits. Exceeding these limits may result in account termination.
2.5. You may not access the Serverless Services to bring an intellectual property infringement claim against Serverless or to create a product or service competitive with Serverless Services.
3.1. Prohibited Content: The content displayed or processed through your application or website utilizing the Serverless Services must not include: Content that infringes third-party rights. Excessively profane, hate-related, or violent content. Content advocating racial or ethnic intolerance, hacking, or cracking. Gambling, illegal activities, drug paraphernalia, phishing, or malicious content. Content that violates any applicable laws.
3.2. Prohibited Actions: You may not, and may not allow any third party, including your End Users, to: Generate or facilitate unsolicited commercial email (“spam”). Distribute viruses, worms, or any other destructive content. Conduct pyramid schemes or transmit harmful content. Impersonate others or misrepresent the source of any email. Violate the legal rights of others or promote illegal activity. Interfere with other users’ enjoyment of the Service. Perform significant load testing without written consent. Exploit the Service for unauthorized commercial purposes. Reverse engineer any portion of the Service or remove proprietary rights notices. Use the Service for peer-to-peer file sharing or cryptocurrency mining. Display any hate-related or violent content or modify the Serverless logo. Use the Service as an open proxy or for web scraping without proper identification.
4.1. The Serverless Framework CLI is available for free to “Small Organizations” that earned $2M USD or less in their most recent fiscal year. Organizations that do not meet this criterion must pay to use the Serverless Framework CLI version 4 and greater, and other Serverless Services beyond the free tier, regardless of whether they are commercial, academic, non-profit, government or any other type of organization. An organization will not qualify as a "Small Organization" if it is owned more than 75% by a parent organization that earned over $2M USD in its most recent fiscal year. Serverless reserves the right to determine whether an entity qualifies as a Small Organization.
4.2. You agree to pay all fees as specified in your order form. By providing credit card information, you authorize Serverless to charge the card for the Services. Invoices are payable within 30 days of the invoice date.
5.1. You are responsible for the content you create, transmit, or display using the Serverless Services.
5.2. Serverless reserves the right to remove content that violates Section 3.
5.3. You must immediately terminate any End User account that violates Section 3.
5.4. Serverless is not responsible for the deletion or failure to store any content.
6.1. Serverless owns all legal rights, title, and interest in the Serverless Services.
6.2. Serverless claims no ownership of the content or applications you create using the Serverless Services.
7.1 Serverless gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Serverless Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Serverless Services as provided by Serverless, in the manner permitted by the Terms and Serverless Subscription Agreement. This is not a License to use the Serverless Framework CLI Version 4 and above for free if you are not a Small Organization.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Serverless Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Serverless, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Serverless Services or any applications running on the Serverless Services.
7.3 Open source software licenses for components of the Serverless Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Serverless for the use of the components of the Serverless Services released under an open source license.
8.1. You retain ownership of the content and applications you create. By using the Serverless Services, you grant Serverless a non-exclusive license to use your content and applications for the sole purpose of providing the Services.
8.2. Adding a collaborator to your application grants them a non-exclusive license to use and modify your application for collaboration purposes.
8.3. You may submit ideas to Serverless, but Serverless is under no obligation to compensate you for them.
9.1 Serverless may, and you grant us permission to, make recommendations via the Serverless Services for products or services we think may be of interest to you based on your Application(s), Content, and/or use of the Serverless Services. We will never make recommendations directly to your End Users.
10.1 Serverless is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Serverless Services which Serverless provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Serverless Services will be effective with respect to all versions of the Serverless Services; examples of changes to the form and nature of the Serverless Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
10.2 You may terminate these Terms at any time by canceling your account on the Serverless Services. You will not receive any refunds if you cancel your account.
10.3 You agree that Serverless, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Serverless Services may be without prior notice, and you agree that Serverless will not be liable to you or any third party for such termination.
10.4 You are solely responsible for exporting your Content and Application(s) from the Serverless Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
10.5 Upon any termination of the Serverless Services or your account these Terms will also terminate, but Sections 6.1, 10, 11, 12, 13, and 17 shall continue to be effective after these Terms are terminated.
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT SERVERLESS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVERLESS SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVERLESS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.3 SERVERLESS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVERLESS SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVERLESS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVERLESS SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVERLESS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVERLESS SERVICES WILL BE ACCURATE.
12.1 SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVERLESS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
12.2 THE LIMITATIONS ON SERVERLESS'S LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT SERVERLESS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1 You agree to hold harmless and indemnify Serverless, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Serverless and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Serverless Services, (c) your violation of applicable laws, rules or regulations in connection with the Serverless Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Serverless will provide you with written notice of such claim, suit or action.
14.1 You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is Serverless's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice. For more information, please contact support@serverless.com
15.1 The Serverless Services may include hyperlinks to other web sites or content or resources or email content. Serverless may have no control over any web sites or resources which are provided by companies or persons other than Serverless.
15.2 You acknowledge and agree that Serverless is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that Serverless is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16.1 Serverless may make changes to the Terms from time to time. However, if you have a Subscription Agreement in place, the Terms will not change for you during the term of that Agreement. For users without a Subscription Agreement, if we make any substantive changes to the Terms, we will provide you with at least seven (7) days' notice before the changes take effect, during which time you may reject the changes by terminating your account.
16.2 You understand and agree that if you continue to use the Serverless Services after the date on which the Terms have changed, Serverless will treat your use as acceptance of the updated Terms.
17.1 Serverless support is available to customers with a Serverless Subscription Agreement. Support is provided for technologies supported by the Serverless Services and is limited to installation, configuration, and troubleshooting issues related to operating applications on Serverless Services.
17.2 Serverless support services do not extend to general debugging of user applications, ensuring application code compatibility with Serverless Services, or modifying/patching third-party software packages for compatibility.
17.3 Billing and account management support is available to all customers. However, technical support is only guaranteed for customers with a Serverless Subscription Agreement. Users without a Subscription Agreement or those on the free tier are not guaranteed access to technical support. Support requests will only be processed if made through official support channels.
17.4 Support is available exclusively through the in-app support link available in the dashboard and via email. Shared Slack channels are available only to premium support customers. Unless otherwise stated in your Serverless Subscription Agreement, support requests are limited to three team members per organization.
17.5 Serverless offers support between the hours of 9 AM to 5 PM Eastern Time, Monday-Friday, excluding US Holidays. Support inquiries may be submitted at any time.
18.1 The Terms constitute the whole legal agreement between you and Serverless and govern your use of the Serverless Services (but excluding any services which Serverless may provide to you under a separate written agreement), and completely replace any prior agreements between you and Serverless in relation to the Serverless Services.
18.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
18.3 If Serverless provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
18.4 You agree that Serverless may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Serverless Services. By providing Serverless your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
18.5 You agree that if Serverless does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Serverless has the benefit of under any applicable law), this will not be taken to be a formal waiver of Serverless's rights and that those rights or remedies will still be available to Serverless.
18.6 Serverless shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
18.7 The Terms, and your relationship with Serverless under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Serverless agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms.
18.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Serverless Services upon written notice to the assigning party.
18.9 If any provision of these terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these terms will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the Parties’ intent.
