Updated December 13, 2013
By using the editor.ponyorm.com web site ("Service"), or any services of Pony ORM, LLC ("PonyORM"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Violation of any of the terms below will result in the termination of your Account. While PonyORM prohibits such conduct and Content on the Service, you understand and agree that PonyORM cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1.1 You must be 13 years or older to use this Service.
1.2 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
1.3 You must provide your valid email address, and any other information requested in order to complete the signup process.
1.4 Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
1.5 You are responsible for maintaining the security of your account and password. PonyORM cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.6 If you become aware of any unauthorized use of your password or of your account, you agree to notify PonyORM immediately at email@example.com
1.7 You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
1.8 One person or legal entity may not maintain more than one free account.
1.9 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
2.1 All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
2.2 An upgrade from the free plan to any paying plan will immediately bill you.
2.3 For all payment plans, the Service is billed in advance and is non-refundable.
2.4 Current pricing for monthly and annual paid levels are as set forth on the PonyORM web site, and PonyORM reserves the right to modify pricing at any time, provided however that PonyORM will notify the account administrator of a paid level account by email prior to any monthly or annual price increase affecting that account.
2.5 If you upgrade your subscription plan to a higher paid level with the same billing frequency in the middle of the bill cycle, you'll be credited the prorated bill cycle charges for the old plan and then charged the prorated amount for the remainder of the bill cycle, along with the full charge for the upcoming period at the next scheduled billing.
2.6 If you upgrade your subscription plan and the new plan has a different billing frequency from the old plan (monthly to yearly plan upgrade), then the first full period of the new plan begins immediately, and you will be charged for the first period less the account balance.
2.7 If you downgrade your subscription plan and your account balance amount is larger than the amount due, the account balance is carried over to future billing periods, until it's spent down.
2.8 You may choose to discontinue your paid level account at any time; however, PonyORM does not issue refunds for unused subscription periods.
2.9 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
2.10 Downgrading your Service may cause the loss of Content, features, or capacity of your Account. PonyORM does not accept any liability for such loss.
3.1 You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account tab provides a simple cancellation button.
3.2 All of your Content will be deleted from the Service upon cancellation. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
3.3 If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.
3.4 PonyORM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other PonyORM service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. PonyORM reserves the right to refuse service to anyone for any reason at any time.
4.1 PonyORM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
4.2 Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PonyORM Site (ponyorm.com) or the Service itself.
4.3 PonyORM shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5.1 We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. By setting your diagrams to be viewed publicly, you agree to allow others to view and copy your diagrams.
5.2 PonyORM does not pre-screen Content, but PonyORM and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
5.3 You shall defend PonyORM against any claim, demand, suit or proceeding made or brought against PonyORM by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify PonyORM for any damages finally awarded against, and for reasonable attorney’s fees incurred by, PonyORM in connection with any such claim, demand, suit or proceeding; provided, that PonyORM (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) 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 PonyORM of all liability); and (c) provides to You all reasonable assistance, at Your expense.
6.1 Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
6.2 PonyORM 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 Services which PonyORM provides may change from time to time without prior notice to you.
6.3 Support for PonyORM services is only available in English or Russian, via email.
6.4 You understand that PonyORM uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment processing and related technology required to run the Service.
6.5 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, PonyORM, or any other PonyORM service.
6.6 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 the express written permission by PonyORM.
6.7 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
6.8 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PonyORM customer, employee, member, or officer will result in immediate account termination.
6.9 You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6.10 You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
6.11 You must not transmit any worms or viruses or any code of a destructive nature.
6.12 If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by PonyORM) of other PonyORM customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
6.13 You acknowledge and agree that while PonyORM may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by PonyORM at any time, at PonyORM’s discretion.
6.14 PonyORM does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
6.15 You expressly understand and agree that PonyORM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PonyORM has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
6.16 The failure of PonyORM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and PonyORM and govern your use of the Service, superseding any prior agreements between you and PonyORM (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under New Jersey law.
6.17 PonyORM may make changes to the Terms from time to time. When these changes are made, PonyORM will make a new copy of the Terms available at http://editor.ponyorm.com/pages/tos.
6.18 You understand and agree that if you use the Services after the date on which the Terms have changed, PonyORM will treat your use as acceptance of the updated Terms.
6.19 Questions about the Terms of Service should be sent to firstname.lastname@example.org