Last Updated: March 26, 2024.
These Terms of Service together with all documents referenced and linked to herein and all Order Forms entered into by the parties hereunder (the “Agreement”) are entered into by and between Buildkite Pty Ltd. a company organized under the laws of Australia with offices at Level 17, 31 Queen St, Melbourne VIC 3000, Australia (“Buildkite”) and the entity or person placing an order for or accessing the Buildkite Solution (“Customer” or “you”) as of the service commencement date specified on the Order Form (including as specified in any online ordering process), or the date the Order Form is entered into by both parties (whichever is earlier) whether through an online ordering process or through a manually signed Order Form (“Effective Date”).
You agree that by signing up to use the Buildkite Solution you are entering into a legally binding agreement with Buildkite. If you respond by clicking on the “sign up”, “I agree” or “I accept” or similar button to which these Terms of Service are linked, reference or otherwise included, you acknowledge and agree that if you are accessing or using Buildkite Solution on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company and that you have read and understand this Agreement and are agreeing that you and your company will be bound by it. If you are not authorized to bind the Company to this Agreement or do not agree to the terms of this Agreement, do not click on the sign up”, “I agree” or “I accept” or similar button, do not conclude the sign up or registration process and do not use the Buildkite Solution.
Buildkite may update these Terms of Service from time to time to, among other things, reflect changes in the Buildkite Solution. Buildkite will notify you of changes by posting an updated version of these Terms of Service at this webpage and will revise the last updated date above. Buildkite encourages you to periodically review these Terms of Service to be informed with respect to your and Buildkite’s rights and obligations. Using the Buildkite Solution after a notice of changes has been sent to you or published on this webpage shall constitute consent to the changed terms.
Customer will not, directly or indirectly through a third party, in whole or in part: (a) adapt, alter, modify, improve, translate, make publicly available, resell, rent, lease, sublicense or loan the Buildkite Solution or create derivative works of the Buildkite Solution; (b) copy the Buildkite Solution (except for a reasonable number of backup and archival copies of the Buildkite Agents and Buildkite API); (c) use the Buildkite Solution other than in accordance with the Documentation or use the Buildkite Solution in violation of the license restrictions applicable to the Buildkite Solution; (d) use the Buildkite Solution in a service bureau or application service provider environment, in a commercial time share arrangement, or for purposes of providing services to a third party or combine all or any part of the Buildkite Agents with other software or use all or any part of the Buildkite Solution to create a new product, application or service or to complete with Buildkite; (e) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Buildkite Solution or attempt to modify, alter, or circumvent the license control and protection mechanisms within the Buildkite Solution; or (f) provide, maintain access to, or use the Buildkite Solution in any manner inconsistent with this Agreement. If 2.2(e) is prohibited by applicable law, Customer shall provide Buildkite with a detailed prior written notice of any such intention to reverse engineer the Buildkite Solution and shall provide Buildkite with a right of first refusal to perform such work at rates equal to those proposed by a recognized third-party software services provider for such work. Open source software incorporated in the Buildkite Software may require that Buildkite provide attribution and copyright notices, which may be accessed by you within the Buildkite Solution. Use, reproduction and distribution of those components of the Software that are licensed under an open source software license are governed by the terms of that open source software license.
Buildkite shall not be responsible for ensuring and does not represent or warrant that: (i) the Buildkite Solution will meet Customer's business requirements; (ii) the Buildkite Solution will be error-free or uninterrupted or that the results obtained from its use will be accurate or reliable or that the Buildkite Solution will interoperate with Third Party Services or non-Buildkite supplied hardware, software or other materials; or (iii) all deficiencies in the Buildkite Solution can be found or corrected. Further, Buildkite will not be responsible for: (a) any warranty breaches caused by acts within the control of Customer or any User or interoperability of Third Party Services or specific Customer infrastructure or software with the Buildkite Solution; (b) the inability of Customer to access or interact with any other service provider (including any provider of Third Party Services) through the internet, other networks or users that comprise the internet or the informational or computing resources available through the internet.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE LIMITATIONS HEREIN MAY NOT APPLY.