Thank you for using our software! We build products for people who want to be consciously online. Because we do not know every customer personally, we have to put in place some Terms of Service to help keep the Services running safely and fairly.

When we say “Company,” “we,” “our,” or “us” in this document, we are referring to Megaflora LLC.

When we say “Services,” we mean megaflora.net, Megaflora’s hosted Serial service, official applications connected to that service, and other Megaflora-operated services that link to these Terms, whether delivered through a web browser, desktop application, mobile application, browser extension, or another format.

When we say “you” or “your,” we mean the person or organization using one or more of our Services. If you use the Services for an organization, you confirm that you have authority to bind that organization to these Terms.

These Terms apply only to Services operated by Megaflora. They do not make Megaflora responsible for independently operated Serial instances. A self-hosted instance’s operator controls that service and is responsible for its privacy, security, availability, moderation, support, and legal compliance.

We may update these Terms in the future as the Services or law change. Whenever we make a material change, we will update the date at the top of this page and take other appropriate steps to notify existing account holders. If you continue to use the Services after the updated Terms take effect, you agree to the updated Terms.

When you create an account, purchase a subscription, or otherwise use our Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. There may be times when we do not exercise or enforce a right or provision of these Terms, but that does not mean we are waiving it. These Terms contain a limitation of our liability.

If you violate these Terms, we may suspend or terminate your account. That is a broad statement, and it means you need to place a lot of trust in us. We do our best to deserve that trust by stating the rules plainly and keeping an open door to your feedback at support@megaflora.net.

Account Terms

1. You are responsible for maintaining the security of your account and credentials and for activity that occurs under your account. Tell us promptly at support@megaflora.net if you believe your account has been compromised.
2. You are responsible for having the rights needed to add content to the Services and direct us to process it.
3. You may not sell, transfer, or share an account in a way that evades plan limits, compromises security, or violates these Terms.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
5. You may not use the Services for any purpose outlined in our Use Restrictions Policy, and you may not permit anyone using your account to do so, either.

Payment, Refunds, and Plan Changes

1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
2. The features, limits, billing period, and current price of a paid plan are shown before purchase. Polar processes checkout and manages the billing portal.
3. Paid subscriptions renew automatically at the cadence shown during checkout and in the Polar billing portal until canceled. You may cancel through the available account or billing controls. Cancellation normally takes effect at the end of the current paid period, and paid features remain available until then.
4. Payments are generally nonrefundable, except where required by law or where we choose to issue a refund to remedy a service failure or other exceptional circumstance. Nothing in these Terms limits a mandatory cancellation, refund, or consumer right that applies to you.
5. Failed or overdue payment may result in the loss of paid features or suspension of the subscription. We may retain the limited billing and transaction records needed for tax, accounting, fraud prevention, disputes, or legal compliance.

Cancellation and Termination

1. You are responsible for properly canceling a subscription or deleting an account through the available account or billing controls. If you need help, contact us at support@megaflora.net.
2. Account deletion is permanent. We delete account and product information as described in our Privacy Policy, although temporary recovery copies and limited records required for billing, tax, fraud prevention, disputes, or legal compliance may remain. Export anything you want to keep before deleting your account.
3. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or its content. Termination will result in the deletion of your account or your access to it as described in our Privacy Policy. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. For more details, see our Use Restrictions Policy.
4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
5. Provisions that by their nature should continue after termination remain effective, including payment obligations, ownership, disclaimers, liability limits, and dispute provisions.

Modifications to the Service and Prices

1. We make a promise to our customers to support our Services (security, privacy, and customer support) for as long as it is feasible to maintain them. Sometimes it becomes technically impossible to continue a feature, we redesign a part of our Services because we think it could be better, or we decide to close new signups for a Service. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. At some point, we may need to change the pricing structure for our Services. When we do that, we may choose to exempt existing customers from those changes. In situations where we do choose to change prices for existing customers, we will give at least 30 days’ notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves. The new price will apply no earlier than the next renewal after that notice, and you may cancel before it takes effect.

Uptime, Security, and Privacy

1. Your use of the Services is at your own risk. We provide the Services “as is” and “as available.” To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We do not guarantee uninterrupted availability, permanent preservation of every feature or item, error-free operation, or compatibility with every external service. Some jurisdictions do not allow certain warranty disclaimers, so these disclaimers apply only to the extent permitted by law.

2. We may temporarily disable or limit an account if its use materially degrades the Services for others or creates a security or legal risk.

3. We use reasonable technical and organizational safeguards appropriate to the information we process. No online service can guarantee absolute security.

4. When you use our Services, you entrust us with your information. We take that trust to heart. You agree that we may process it as described in our Privacy Policy. Megaflora personnel may access account content only for these limited reasons:

   • To help you with a support request. We will ask for your express permission before accessing account content.
   • On the rare occasions when an error stops an automated process partway through. When we can fix the problem without looking at account content, we do. Otherwise, we access only the information needed to fix the problem and work to prevent it from recurring.
   • To safeguard Megaflora. We review logs and metadata to protect your information and the Services. Accessing account content during an investigation of serious abuse or a security threat is a measure of last resort.
   • To the extent required by applicable law. As a U.S. company, we preserve or share customer information in response to a U.S. government request only when compelled by a legally binding order, a proper request under the Stored Communications Act, or, in limited circumstances, a valid emergency request. If a non-U.S. authority approaches us for assistance, our default stance is to refuse unless the request is recognized through applicable U.S. legal process, including procedures established by a mutual legal assistance treaty or agreement. If we are audited by a tax authority, we share only the minimum billing information needed to complete the audit. We aim to notify affected users unless notice is prohibited, unsafe, or would undermine the request.

5. We use third-party vendors and hosting partners to provide the hardware, software, networking, storage, email delivery, public-site delivery, and payment services needed to run the Services. You can see the current list on our Subprocessors page.

6. We do not sell personal information, share it for cross-context behavioral advertising, operate an advertising business, or use customer content to train generative AI models.

Copyright and Content Ownership

1. All content posted on the Services must comply with U.S. copyright law. We provide details on how to file a copyright infringement claim.
2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Features and Bugs

We design our Services with care, based on our experience and feedback from people who use them. However, no service can meet every person’s specific requirements or expectations, and we do not guarantee that ours will.

We test our features before shipping them, but software inevitably has bugs. We track reported bugs and work through priority issues, especially those related to security or privacy. Not every reported bug will be fixed, and we do not guarantee completely error-free Services.

Service Adaptations and Self-Hosted Software

Software source code may be offered under a separate license. That license, not these Terms, governs your right to use, copy, modify, and distribute the licensed code. If a repository or software release does not include a license, these Terms do not grant rights beyond those provided by law.

Using Serial’s source code does not make an independent instance a Megaflora Service or mean that Megaflora endorses or supervises it. The operator of an independently hosted instance is responsible for that service.

Liability

You agree that the Company is not liable to you or to any third party for damages of any kind that result from the use of the Services, in ability to access data, or unauthorized access of your data or account. The Company is also not liable for damages of any kind related to actions of any third party that uses the Services, or any other consequences related to the Terms or Services.

If you have a question about these Terms, email support@megaflora.net or write to:

Megaflora LLC
418 Broadway #11468
Albany, NY 12207
United States

Adapted from the Basecamp open-source policies / CC BY 4.0