Terms of Service

Effective date: March 11, 2024

A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings.

  1. The "Agreement" refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the "Terms of Service" or the "Terms"), and our Data Processing Addendum, and all other operating rules, policies, and procedures that we may publish from time to time on the Website.

  2. The "Service" refers to the applications, software, products, and services provided by Pollination.

  3. The "Website" refers to Pollination's website located at pollination.cloud, and all content, services, and products provided by Pollination at or through the Website. It also refers to Pollination-owned subdomains of pollination.cloud, such as app.pollination.cloud and ancillary websites, such as docs.pollination.cloud.

  4. "The User," "The Customer," "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Individual users must be at least 13 years of age.

  5. "Pollination," "We," and "Us" refer to Pollination developed and owned by Ladybug Tools LLC a Virginia limited liability company, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

  6. An "Account" represents your legal relationship with Pollination. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on Pollination. A "Organization Account" refers to an Account created by a User on behalf of an entity, such as a company, non-profit organization, or group. "Organizations" are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.

  7. "Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

B. Account Terms

Short version: User and Organization Accounts have different administrative controls. A human must create your account. You must be at least 13 years old. You must provide a valid external identity. You may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Account Controls

  • Users. All Users retain ultimate administrative control over their User Accounts and the Content within them.

  • Organizations. Within the Service, the Organization creator must designate one or more User Accounts as "owners" who are delegated ultimate administrative control of the Organization. The owners of each Organization retain administrative control over the members of those Organizations and all User-Generated Content posted to the projects within those Organizations, subject to these Terms. Organization members can manage User access to the Organization's data and projects.

2. Required Information

You must log in with a valid email address — or a supported identity provider, such as GitHub, linked to a valid email address — in order to complete the signup process. For User Accounts, any other information requested, such as your real name, is optional. To complete signup for a paid Organization Account, a company name, your real name, and valid payment information must also be provided. This additional information will be necessary for billing purposes.

If you are entering into this Agreement on behalf of an entity, you represent that you are authorized to enter into the Agreement and bind the entity to these Terms.

3. Account Requirements

You must create a User Account before you can create an Organization. We have a few simple rules for accounts on Pollination.

  • You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.

  • One person or legal entity may maintain no more than one free account.

  • You may not create an Account for the use of anyone under the age of 13. While we are thrilled to see brilliant youngsters get excited by exploring Recipes and visualizing results, we must comply with United States law. Pollination does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User's account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older. In such a case, you are responsible for complying with your country's laws.

  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization Account may only provide access to as many User Accounts as it has paid for.

  • Overall, the number of Users accessing Organization projects associated with your Organization Account must not exceed the number we have authorized for your Organization Account.

4. User Account Security

You are responsible for keeping your account secure while you use our Service.

  • You are responsible for all content posted and activity that occurs under your account (even if the content is posted by others).

  • You are responsible for maintaining the security of your account. Pollination cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  • You will promptly notify Pollination if you become aware of any unauthorized use of, or access to, our Service through your Account, by sending an email to support@pollination.cloud.

C. Acceptable Use

Short version: Pollination hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be courteous to each other, and don't spam.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;

  • is or contains sexually obscene content;

  • is libelous, defamatory, or fraudulent;

  • is discriminatory or abusive toward any individual or group;

  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or

  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using Pollination, you agree that you will not under any circumstances:

  • remove any proprietary notices from the Pollination documentation;

  • use Pollination for any purpose other than its intended purpose;

  • interfere with or disrupt the integrity or performance of Pollination;

  • access Pollination in order to build a competitive product or service or to copy any ideas, features, functions, or graphics of Pollination;

  • attempt to gain unauthorized access to Pollination or its related systems or networks;

  • access or use Pollination to (1) send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights, (2) in violation of applicable laws, or (3) to send or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files or scripts;

  • harass, abuse, threaten, or incite violence towards any individual or group, including Pollination employees, officers, and agents, or other Pollination Users;

  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

  • attempt to disrupt or tamper with Pollination's servers in ways that could harm our Website or Service, to place undue burden on Pollination's servers through automated means, or to access Pollination's Service in ways that exceed your authorization;

  • impersonate any person or entity, including any of our employees or representatives, including through false association with Pollination, or by fraudulently misrepresenting your identity or site's purpose; or

  • violate the privacy of any third party, such as by posting another person's personal information without consent.

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Pollination's express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or web crawler. You may scrape the website solely for the following reasons:

  • Search engines may scrape public pages on the Website for inclusion into search indexes.

  • Archivists may scrape public pages on the Website for archival purposes.

You may not scrape Pollination for spamming purposes, or any other purposes not expressly permitted in this Section 5, including for the purposes of selling Pollination users' personal information, such as to recruiters, headhunters, and job boards.

All use of Pollination data gathered through scraping must comply with the Privacy Policy, described in Section D.

6. Data Collection and Privacy

Misuse of Pollination Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Pollination must comply with the Privacy Policy described in Section D of this Agreement, particularly in regards to the collection of our Users' Personal Information. If you collect any Pollination User's Personal Information from Pollination, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Pollination, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Pollination or Pollination Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be excessive in relation to other Pollination users, we reserve the right to suspend your account or throttle your project hosting until you can reduce your bandwidth consumption.

8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

D. Privacy

Short version: We collect your information only with your consent. We only collect the minimum amount of personal information that is necessary to fulfill the purpose of your interaction with us. We don't sell your personal information to third parties and we only use it as this Agreement describes or as otherwise required by applicable law.

Please see our Privacy Policy for more details.

E. User-Generated Content

Short version: You own the content you create, but you allow us certain rights, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you or Organization Users post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Pollination May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Pollination terms or policies. If we identify potential violations, we will reach out to the Organization owner directly. You'll have 14 days to address the issues before any content removal takes place. This timeframe allows for open communication and a chance to rectify the situation.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you and your Organization Users are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Pollination Users — certain legal permissions, listed in Sections E.4 — E.6. These license grants apply to Your Content. If you upload Content that already comes with a license granting Pollination the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections E.4 — E.6. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have copied it.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users you choose to show it to; parse it into a search index or otherwise analyze it on our servers; share it with other users you choose to share it with; run it in a project environment; and perform it, in case Your Content is something like music or video. We need these rights for both public and private projects because these rights are necessary for providing the Service.

This license does not grant Pollination the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you or your Organization Users post publicly may be viewed by others. By publishing your projects, you agree to allow others to view, "import" and "copy" your projects. This means that others may load your published Content into projects they control, or make their own copies of your published Content in projects they control.

When you publish a project, you grant each User of Pollination a nonexclusive, worldwide license to use, display, and perform Your Content through the Pollination Service and to reproduce Your Content solely on Pollination as permitted through Pollination's functionality (for example, through copying as a new project). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Pollination Users.

6. Contributions Under a Project License

Whenever you make a suggestion to a project containing notice of a license, you license your suggestion under the same terms, and you agree that you have the right to license your suggestion under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede. This style of collaboration is widely accepted as the norm in the open-source community, where it's commonly referred to by the shorthand "inbound=outbound".

7. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section E.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Pollination the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

F. Private Projects

Short version: You may have access to private projects. We treat the content of private projects as confidential, and we only access it for support reasons, to fix errors in the Service, with your consent, or if required to for security reasons.

1. Control of Private Projects

User Accounts and Organization Accounts may have private projects, which allow the User or Organization to restrict access to Content.

2. Confidentiality of Private Projects

Pollination considers the contents of private projects to be confidential to you or your organization. Pollination will protect the contents of private projects from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

User-Generated Content is stored in our internal data buckets hosted in the United States by third party providers administered by Pollination. All the data are encrypted. Pollination does not store User-Generated Content on removable media devices.

It is Pollination's policy to respect the principle of least privilege when designing access controls and administrative tools. We have provisioning and de-provisioning controls over administrative accounts with the ability to access User-Generated Content.

3. Access

Pollination employees may only access the content of your private projects in the following situations:

  • With your consent and knowledge, for support reasons. If Pollination accesses a private project for support reasons, we will ask for and obtain the project author's permission first.

  • When access is required for maintenance reasons, to fix an error in the Service, or to upgrade projects for a new version of the Service.

  • When access is required for security reasons, including to prevent abuse, and to maintain ongoing confidentiality, integrity, availability, and resilience of Pollination's systems and Service.

  • When access is required for analytics reasons, to learn how Pollination users are making use of the Service.

4. Exclusions

If we have reason to believe the contents of a private project are in violation of the law or of these Terms, we have the right to access, review, and remove them.

Additionally, we may be compelled by law to disclose User Personal Information or the contents of your private projects in response to a valid subpoena, court order, warrant, or similar government order, or when we believe in good faith that disclosure is reasonably necessary to protect our property or rights, or those of third parties or the public at large.

In complying with court orders and similar legal processes, we strive for transparency. When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.

If you are a copyright owner and you believe that content on Pollination violates your copyright, please contact us by emailing support@pollination.cloud. There may be legal consequences for sending a false or frivolous takedown notice under the Digital Millennium Copyright Act. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

It is the policy of Pollination, in appropriate circumstances and in its sole discretion, to disable and/or terminate the accounts of users who repeatedly infringe upon the copyrights or other intellectual property rights of Pollination and/or others.

To send a takedown request under the Digital Millennium Copyright Act, you must:

  1. Identify the copyrighted work you believe has been infringed.

  2. Identify the material on the Website you allege is infringing the copyrighted work. In common cases, this may simply be a project URL.

  3. Explain what the affected user would need to do in order to remedy the infringement.

  4. Provide your contact information, including email address, name, phone number, and physical address.

  5. Provide additional contact information, if you know it, for the alleged infringer.

  6. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."

  7. Also include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."

  8. Include your physical or electronic signature.

Email your takedown notice, including elements 1 through 8 above, to support@pollination.cloud.

H. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Pollination's Rights to Content

Pollination and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Ladybug Tools LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Pollination.

I. Advertising on Pollination

Short version: We do not generally prohibit the use of Pollination for advertising or promotional projects. However, we expect our users to follow certain limitations, so that Pollination does not become filled with spam.

1. Pollination Projects

Pollination projects are intended to host Content. You may include static images, links, and promotional text in a project, but they must be related to the project you are hosting on Pollination.

You may not advertise to Other Users through Pollination's collaborative tools, such as by sending monetized or excessive bulk projects as suggestions, or sending advertisements through project comments.

2. Spamming and Inappropriate Use of Pollination

Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to hide or remove any advertisements that, in our sole discretion, violate any Pollination terms or policies.

J. Payment

Short version: You are responsible for any fees associated with your use of Pollination. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if prices change. We do not provide refunds, except as otherwise provided in this Agreement. To help you with testing the products before making a payment we provide a free trial period for the CAD plugins. We also provide a free tier for cloud computing trial, and a monthly payment option.

1. Pricing

Our pricing and payment terms are available at pollination.cloud/pricing (unless otherwise negotiated by both parties and stated in an order form). If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

  • We will immediately bill you when you upgrade from the free plan to any paying plan.

  • If you change from a monthly billing plan to a yearly billing plan, we will immediately bill you for a full year, subtracting any payment you have already made for the remainder of the month.

  • When you add Users to your paid Account, we will prorate them on your next monthly bill. If you are on an annual billing plan, we may prorate them for the remainder of the year in advance of your next scheduled annual bill.

  • You may cancel your service at any time by going into your account's settings. If you choose to cancel your account, you may lose access to Content, features or capacity of your Account.

3. Billing Schedule; No Refunds

Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable, except as otherwise provided in this Agreement. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account. If you cancel or delete your subscription the service will be de-activated immediately after cancellation. In order to treat everyone equally, no exceptions will be made.

Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears.

Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the Pollination invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, Pollination reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Pollination's net income) that are imposed or become due in connection with this Agreement.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for Pollination.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Pollination any charge incurred in connection with your use of the Service. If you dispute the matter, contact support@pollination.cloud. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

K. Cancellation and Termination

Short version: You may close your account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation or Deletion

It is your responsibility to properly cancel your account with Pollination. You may request cancellation or deletion of your User Account by emailing support@pollination.cloud from the email address associated with your account.

You can cancel your paid Account at any time by going into the subscriptions from your account's profile page. The organization settings provide a simple, no-questions-asked cancellation link. To delete your account, email the request to support@pollination.cloud from an owner's email address.

2. Upon Cancellation

A cancelled User or Organization Account will be placed into a read-only mode. You may continue to log in and browse your public and private projects, but may not create new projects or edit existing ones. Your public projects will continue to be visible and searchable on Pollination.

Cancelled paid Accounts will become read-only after the end of their current paid period, and will not be billed again. You may receive a final, prorated bill for any users added to your Account between your last paid bill and account cancellation.

Cancelled User or Organization Accounts may be reactivated at any time.

3. Upon Deletion

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile, the Content of your private projects, your Secrets, and any other private information stored on Pollination within 30 days of receiving the deletion request or termination. This information can not be recovered once your account is deleted.

We will not delete Content that you have contributed to other Users' projects or that other Users have copied from your projects.

Your published projects will no longer be accessible on the Pollination website, but copies of published projects will be retained, so that any copies, imports and embeds that may depend on them will continue to function.

4. Pollination May Terminate

Pollination has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Pollination reserves the right to refuse service to anyone for any reason at any time.

5. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

L. Communications with Pollination

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

Communications made through email or any electronic messaging system will not constitute legal notice to Pollination or any of its officers, employees, agents or representatives in any situation where notice to Pollination is required by contract or any law or regulation. Legal notice to Pollination must be in writing and served on Pollination's legal agent.

3. No Phone Support

Pollination only offers support via email, in-Service communications, and electronic messages. We do not offer phone support.

M. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service.

Pollination provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

Pollination does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

N. Limitation of Liability

To the maximum extent permitted by applicable law, each party's total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you've actually paid us during the 12 months preceding the claim giving rise to such liability.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content;

  • your use or inability to use the Service;

  • any modification, price change, suspension or discontinuance of the Service;

  • the Service generally or the software or systems that make the Service available;

  • unauthorized access to or alterations of your transmissions or data;

  • statements or conduct of any third party on the Service;

  • any other user interactions that you input or receive through your use of the Service; or

  • any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

O. Release and Indemnification

Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Pollination from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement. Pollination will (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Pollination of all liability); and (3) provide to you all reasonable assistance, at your expense.

P. Changes to These Terms

Short version: As Pollination grows and continues to add features, we may update these Terms of Service. When a material change is made, we will notify users of any material changes and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your Pollination account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

Should you choose to terminate your annual subscription due to disagreement with the Terms of Service changes, we will offer a pro-rated refund for the unused portion of your remaining subscription period. Please note that monthly subscriptions are not eligible for refunds. To apply for the partial refund, email the request to support@pollination.cloud from an owner's email address.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Q. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Ladybug Tools LLC and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Virginia, without regard to conflict of law provisions. You and Ladybug Tools LLC agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Fairfax, Virginia.

2. Non-Assignability

Pollination may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section E.4. You may not assign or delegate any rights or obligations under the Terms of Service without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Pollination to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Pollination, or by the posting by Pollination of a revised version in accordance with Section P. Changes to These Terms. These Terms of Service represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Pollination relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Publicity

If you publicly display the name of your company or organization on your Account or otherwise publicly display its trademarks or logos on your User or Organization profile page or buy a cloud computing package or a Pollination CAD plugin license using an email address from your company domain, you allow us to use your company's or organization's name to identify you as a Pollination customer in our promotional materials. You may revoke this permission by removing your company or organization name from public display and notifying us at support@pollination.cloud to stop using your organization's name in our promotional materials. However, Pollination will have no obligation to remove or recall any prior use or distribution of the promotional materials.

7. Questions

Questions about the Terms of Service? Contact us at support@pollination.cloud.

8. Thanks

These Terms of Service were adapted from Observable's Terms of Service which is adopted from GitHub's Terms of Service, Privacy Statement and DMCA Takedown Policy under the Creative Commons Zero license. Thanks, Observable and GitHub!

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