Terms of Service

1. Introduction

Welcome to ShipJournal.dev ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Service").

By creating an account or using our Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use our Service.

2. Description of Service

ShipJournal.dev provides automated release note generation and hosting services for GitHub repositories. Our Service:

• Connects to your GitHub repositories via OAuth
• Analyzes commits, diffs, and pull requests using AI
• Generates human-readable release notes and changelogs
• Hosts your release notes at public or private URLs

3. Account Registration

3.1 Eligibility

You must be at least 16 years old to use our Service. By registering, you represent that you meet this requirement.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use at security@shipjournal.dev.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as needed.

4. Subscriptions and Payments

4.1 Free and Paid Plans

We offer both free and paid subscription plans. Features and usage limits vary by plan and are described on our pricing page.

4.2 Billing

• Billing Cycle: Subscriptions are billed monthly or annually, depending on your selection.
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled.
• Payment Method: You authorize us to charge your payment method on file for all applicable fees.
• Price Changes: We may change prices with 30 days' notice. Price changes take effect at your next billing cycle.

4.3 Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation:

• Your subscription remains active until the end of the current billing period.
• You will not be charged for subsequent periods.
• No prorated refunds are provided for unused time in the current period.

4.4 Refunds

We generally do not provide refunds for subscription fees. However, we may offer refunds at our sole discretion in exceptional circumstances. Contact support@shipjournal.dev for refund requests.

4.5 Failed Payments

If a payment fails, we will attempt to charge your payment method again. After multiple failed attempts, we may suspend or downgrade your account until payment is resolved.

5. Acceptable Use

You agree NOT to:

• Use the Service for any unlawful purpose or to violate any laws
• Upload or generate content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated scripts to access the Service in a manner that exceeds reasonable use
• Resell, sublicense, or redistribute the Service without our written consent
• Use the Service to generate content that infringes third-party intellectual property rights
• Circumvent any usage limits or access controls

6. Intellectual Property

6.1 Your Content

You retain all ownership rights to your code, repositories, and any content you provide to the Service ("Your Content"). We claim no ownership over Your Content.

6.2 License to Us

By using the Service, you grant us a limited, non-exclusive, worldwide license to access, process, and analyze Your Content solely for the purpose of providing the Service to you. This includes sending data to AI providers to generate release notes.

6.3 Generated Content

Release notes and other content generated by our AI ("Generated Content") are provided to you for your use. You own the Generated Content and may use, modify, and distribute it as you see fit.

6.4 Our Intellectual Property

The Service, including its design, features, and underlying technology, is owned by ShipJournal.dev and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of the Service.

7. AI-Generated Content Disclaimer

Important: Our Service uses artificial intelligence to generate release notes. While we strive for accuracy, AI-generated content may contain errors, omissions, or inaccuracies.

• Generated content is provided "as is" without warranties of accuracy or completeness.
• You are responsible for reviewing all generated content before publishing or distributing it.
• We are not liable for any damages arising from reliance on AI-generated content.
• Generated content should not be considered professional, legal, or technical advice.

8. Service Availability

8.1 No SLA Guarantee

We strive to maintain high availability but do not guarantee uninterrupted service. The Service is provided on an "as available" basis.

8.2 Maintenance and Updates

We may perform scheduled or emergency maintenance that temporarily affects availability. We will provide reasonable notice when possible.

8.3 Third-Party Dependencies

Our Service depends on third-party providers (GitHub, AI providers, hosting). Outages or issues with these providers may affect our Service, and we are not liable for such disruptions.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting support or using the account deletion feature. Upon termination, your data will be deleted in accordance with our Privacy Policy.

9.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use policy
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees after notice
• Create risk or legal exposure for us

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data, including generated release notes. Sections that by their nature should survive termination (including limitation of liability, indemnification, and dispute resolution) will survive.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• AI-generated content will be accurate or complete
• The Service will meet your specific requirements
• Defects will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIPJOURNAL.DEV AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from your use of or inability to use the Service
• Any damages arising from AI-generated content

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless ShipJournal.dev and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you provide to the Service
• Your use or distribution of AI-generated content

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@shipjournal.dev and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration will be conducted in English.
• The arbitrator's decision shall be final and binding.
• Judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

13.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ShipJournal.dev regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or by posting a prominent notice on our website at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Contact Us

If you have questions about these Terms, please contact us at:

• General: support@shipjournal.dev
• Legal: legal@shipjournal.dev
• Security: security@shipjournal.dev