Diffchecker.com Terms of Service
Last updated: May 23, 2018. In effect as of May 25, 2018. To view the Terms of Service in effect before May 25 please visit https://www.diffchecker.com/old-terms

Thank you for using Diffchecker! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using Diffchecker. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a non-binding summary followed by the full legal terms.
A. Definitions
1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Diffchecker Privacy Policy) 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 Diffchecker.
3. The “Website” refers to Diffchecker’s website located at Diffchecker.com, and all content, services, and products provided by Diffchecker at or through the Website. It also refers to Diffchecker-owned subdomains of Diffchecker.com
4. “The User,” “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. A User must be at least 13 years of age.
5. “Diffchecker,” “We,” and “Us” refer to Diffchecker.com, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “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
1. Required Information
You must provide a valid email address, password & user name in order to complete the signup process. Any other information requested is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

2. Account Requirements
We have a few simple rules for accounts on Diffchecker's Service.

   You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
   A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free personal account.
   One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
   You must be age 13 or older. Diffchecker 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.

3. 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.
   You are responsible for maintaining the security of your account and password. Diffchecker cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   You will promptly notify Diffchecker if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
C. Acceptable Use
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 Diffchecker, you agree that you will not under any circumstances:

   harass, abuse, threaten, or incite violence towards any individual or group, including Diffchecker employees, officers, and agents, or other Diffchecker 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 Diffchecker's servers in ways that could harm our Website or Service, to place undue burden on Diffchecker's servers through automated means, or to access Diffchecker's Service in ways that exceed your authorization (other than those authorized by the Diffchecker Bug Bounty program);
   impersonate any person or entity, including any of our employees or representatives, including through false association with Diffchecker, 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 Diffchecker's express written permission.

5. Scraping
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Diffchecker's API. You may scrape the website for the following reasons:

   Researchers may scrape public, non-personal information from Diffchecker for research purposes, only if any publications resulting from that research are open access.
   Archivists may scrape Diffchecker for public data for archival purposes.
   You may not scrape Diffchecker for spamming purposes, including for the purposes of selling Diffchecker users' personal information, such as to recruiters, headhunters, and job boards.

If you scrape our site too aggressively we will block your IP.

All use of Diffchecker data gathered through scraping must comply with the Diffchecker Privacy Policy.

6. Privacy
Misuse of Diffchecker Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Diffchecker must comply with the Diffchecker Privacy Policy, particularly in regards to the collection of our Users' Personal Information (as defined in the Diffchecker Privacy Policy). If you collect any Diffchecker User's Personal Information from Diffchecker, 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 Diffchecker, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Diffchecker or Diffchecker Users.

7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other Diffchecker customers, we reserve the right to suspend your account or throttle your file 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. User-Generated Content
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 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. Diffchecker 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 Diffchecker terms or policies.

3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Content you create or own ("Your Content"). If you're posting anything you did not create yourself or do not own the rights to, you agree that you 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.

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; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

5. License Grant to Other Users
Any User-Generated Content you post publicly may be viewed by others. By setting your pastes to be viewed publicly, you agree to allow others to view your pastes.

If you set your pastes to be viewed publicly, you grant each User of Diffchecker a nonexclusive, worldwide license to use, display, and perform Your Content through the Diffchecker Service and to reproduce Your Content solely on Diffchecker as permitted through Diffchecker's functionality (for example, through cloning).

6. 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 D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Diffchecker 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.
E. Private Pastes
1. Control of Private pastes.
Some accounts, such as paid accounts, may have private pastes, which allow the User to control access to Content.

2. Confidentiality of Private pastes.
Diffchecker considers the contents of private pastes to be confidential to you. Diffchecker will protect the contents of private pastes 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.

3. Access.
Diffchecker employees may only access the content of your private pastes in the following situations:

   With your consent and knowledge, for support reasons. If Diffchecker accesses a private paste for support reasons, we will only do so with the owner’s consent and knowledge.
   When access is required for security reasons.
You may choose to enable additional access to your private pastes. For example:

   You may enable various Diffchecker services or features that require additional rights to Your Content in private pastes. These rights may vary depending on the service or feature, but Diffchecker will continue to treat your private paste Content as confidential. If those services or features require rights in addition to those we need to provide the Diffchecker Service, we will provide an explanation of those rights.
You may also grant a third-party application authorization to use, access, and disclose the contents of your private pastes. Your use of third-party applications is at your sole risk; Diffchecker is not liable for disclosures to third parties that you authorize to access a private paste.

4. Exclusions.
If we have reason to believe the contents of a private paste 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 the contents of your private pastes.
F. Copyright Infringement
If you believe that content on our website violates your copyright, please contact us. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.
G. API Terms
Abuse or excessively frequent requests to Diffchecker via the API may result in the temporary or permanent suspension of your account's access to the API. Diffchecker, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Diffchecker's rate limitations.

You may not use the API to download data or Content from Diffchecker for spamming purposes, including for the purposes of selling Diffchecker users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Diffchecker API is subject to these Terms of Service and the Diffchecker Privacy Policy.

Diffchecker may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Diffchecker's Service.
H. Payment
1. Pricing
Our pricing and payment terms are available at diffchecker.com/desktop. 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.

2. Upgrades, Downgrades, and Changes
   We will immediately bill you when you upgrade from the free plan to any paying plan.
   If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
   If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation for information on getting a copy of that Content.

3. Billing Schedule; No Refunds
   For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
   We clearly state the benefits a paid account offers on diffchecker.com/desktop. We offer no refunds if you change your mind after payment. ALL SALES ARE FINAL.
   In order to treat everyone equally, no exceptions will be made.

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

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 Diffchecker any charge incurred in connection with your use of the Service. If you dispute the matter, contact Diffchecker Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.
I. Cancellation and Termination
1. Account Cancellation
It is your responsibility to properly cancel your account with Diffchecker. You can cancel your account at any time by going into your Settings in the navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.

2. Upon Cancellation
We will not retain any of your information upon deletion of your account, unless your account is actively being investigated by law reinforcements.

3. Diffchecker May Terminate
Diffchecker 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. Diffchecker reserves the right to refuse service to anyone for any reason at any time.

4. 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.
J. Disclaimer of Warranties
Diffchecker 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.

Diffchecker 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.
K. Limitation of 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.
L. Release and Indemnification
If you have a dispute with one or more Users, you agree to release Diffchecker 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, provided that Diffchecker (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives 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 Diffchecker of all liability); and (3) provides to you all reasonable assistance, at your expense.
M. Changes to These Terms
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 at least 24 hours prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website or the Service constitutes agreement to our revisions of these Terms of Service.

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