Discourse
Free Trial Terms

Version 1.4.0

These terms and the Signup Form on https://www.discourse.org referencing them make up an agreement between CDCK and Customer:

Background

Privacy-Compliance Terms

CDCK’s Obligations

Host Customer’s Forum

CDCK agrees to run Discourse so that Users can use the Feature Set by visiting Customer’s Forum with systems meeting requirements in the Documentation, within the Use Limits agreed on the Signup Form.

Set Up Discourse

CDCK agrees to set up Discourse and Discourse Plugins for Customer’s Forum as agreed on the Signup Form.

Configure Discourse Services and Limits

CDCK agrees to configure Customer’s Forum to use CDCK’s preferred e-mail, file-storage, and other back-end services, as well as hard and soft technical limits, like limits on e-mails sent per day and the size of uploaded files, that reflect the typical operational and security needs of customers evaluating Discourse.

Maintain Customer’s Forum

CDCK agrees to continuously upgrade Customer’s Forum to run the Latest Version of Discourse.

Keep Customer Data Confidential

CDCK agrees not to access, use, or disclose Customer Data without Permission, except:

Provide Downloads of Customer Data

CDCK agrees to ensure that the Administrator Dashboard provides on-demand downloads of the contents of the database for Customer’s Forum in the preferred format for importing into a new instance of Discourse. Up to once every thirty calendar days, CDCK agrees to task relevant personnel to fulfill requests to download any other data stored elsewhere, such as file attachments, images, and uploads.

Delete Data After the Agreement Ends

If Customer makes a new agreement with CDCK for paid hosting of Customer’s Forum before this agreement ends, CDCK will preserve Customer Data for hosting under the new agreement. Otherwise, CDCK agrees to delete all its copies of Customer Data for Customer’s Forum within thirty days after its obligation under Provide Downloads of Customer Data ends. If CDCK has a data backup system in place that keeps copies of Customer Data longer, according to a fixed schedule, CDCK may keep its backup copies in that system until they are scheduled for deletion.

Take Security Precautions

CDCK agrees to take security precautions to defend Customer’s Forum from malicious technical attack and Data Breach according to CDCK’s security brief published at https://discourse.org/security on the date of the agreement.

Prepare for Disasters

CDCK agrees to:

Use Responsible Subcontractors

CDCK agrees to make sure its employees and contractors abide by Keep Customer Data Confidential, Take Security Precautions, and Prepare for Disasters. CDCK may contract with others for computer systems used to host Customer’s Forum to Customer.

Publish Documentation

CDCK agrees to host the Documentation so Customer personnel can read it on the Internet.

Customer’s Obligations

Follow Rules About Use

Customer agrees not to:

Enforce Rules About Use

Customer agrees to make sure Customer Personnel abide by Follow Rules About Use.

Update Account Details

Customer agrees to keep its contact and other administrative details complete, accurate, and up-to-date. Customer agrees to do so through the Account Dashboard whenever possible, and otherwise by Notice.

Post Public Terms, Notices, and Policies

Customer agrees to post terms of service, privacy notices, and policies to Customer’s Forum as needed to comply with the law and to allow CDCK to process Customer Data in compliance with the law and this agreement.

Indemnify CDCK

Subject to Indemnification Process, Customer agrees to give CDCK Indemnification for any Legal Claim based on Customer’s breach of this agreement or Use of Customer’s Forum at Customer’s Own Risk.

Protect CDCK After the Agreement Ends

Customer’s obligations under Indemnify CDCK continue after this agreement ends.

Intellectual Property

Existing and Outside IP

This agreement does not change ownership of any Intellectual Property Right held by either side.

Open Source Licenses

Customer’s licenses for Discourse and open source Discourse Plugins are those of their respective public open source software licenses, interpreted as entirely independent legal documents, separate from these terms. Obligations and guarantees about Discourse and open source Discourse Plugins in this agreement, such as in CDCK’s Obligations, are in addition to the terms of those standard open source licenses. This section ensures that Customer can keep relying on published guidance and prior conclusions about open source software licenses in standard form.

Changes

Changes Customer May Make

Changes CDCK May Make

Liability

Valid Excuses

Neither side will be liable for any failure or delay in meeting any obligation caused by a Disaster, failure of the other side or its personnel to meet their obligations, or actions done or delayed on written request of the other side.

No Warranties

CDCK provides Customer’s Forum and all work “as is”. CDCK disclaims any warranties the law might otherwise imply, like warranties of merchantability, fitness for any particular purpose, title, or noninfringement.

Limited Damages

Damages Cap

CDCK’s total liability for claims related to this agreement will not exceed $50. This cap applies even if CDCK was told Customer could suffer damages.

No Unforeseeable Damages

Neither side will be liable for breach-of-contract damages they could not have reasonably foreseen at the time of breach.

Process

Indemnification Process

Both sides agree that to receive Indemnification, they must give Notice of any covered Legal Claim quickly, allow the other side to control investigation, defense, and settlement, and cooperate with those efforts. Both sides agree that if they fail to give Notice of any covered Legal Claim quickly, Indemnification will not cover amounts that could have been defended against or mitigated if Notice had been given quickly. Both sides agree that if they take control of the defense and settlement of any Legal Claim covered by Indemnification, they will not agree to any settlements that admit fault or impose obligations on the other side without their Permission.

Notice Process

Both sides agree that to give Notice, the side giving Notice must send by e-mail to CDCK at legal@discourse.org or to Customer at the address currently set through the Account Dashboard. CDCK may also give Notice to Customer through messages on the Administrator Dashboard of Customer’s Forum. CDCK can change their e-mail address for Notice going forward by giving Notice of a new address. If either side finds that e-mail can’t be delivered to the e-mail address for notice, it must give Notice by registered mail to the address on file for the recipient with the state under whose laws it is organized.

Termination

General Contract Terms

Choice of Law

California law will be the law of this agreement. That law includes both substantive and procedural rules, but excludes any rules that would apply the law of any other state. That law will decide:

Government Procurement

Discourse and Discourse Plugins are commercial computer software, and the Documentation is commercial computer software documentation. All were developed exclusively at private expense. If Customer’s procurement is subject to Federal Acquisition Regulation 12.212 or Defense Federal Acquisition Regulation Supplement 227.7202, Customer’s rights will be only those stated in this agreement and Signup Form.

Whole Agreement

Both sides intend this agreement and the Signup Form as the final, complete, and only expression of their terms about services under them. However, this does not affect the terms of any separate nondisclosure or confidentiality agreement CDCK and Customer may have.

Enforcement

Only CDCK and Customer may enforce this agreement.

Assignment

Each side may assign all its rights, licenses, and obligations under this agreement, as a whole, to a new legal entity created to change its jurisdiction or legal form of organization, or to an entity that acquires substantially all of its assets or enough securities to control its management. Otherwise, each side needs Permission to assign any right or license under this agreement. Attempts to assign against these terms will have no legal effect.

Lawsuits

Forum

Both sides agree to bring any Lawsuit in San Francisco Courts.

Exclusive Jurisdiction

Both sides consent to the exclusive jurisdiction of San Francisco Courts. Both sides may enforce judgments from San Francisco Courts in other jurisdictions.

Inconvenient Forum Waiver

Both sides waive any objection to venue for any Lawsuit in San Francisco Courts and any claim that the other brought any Lawsuit in San Francisco Courts in an inconvenient forum.

Definitions