Effective Date: January 2, 2024

1. Watermelon Software

Watermelon software is an Enterprise software reliability platform designed to enhance the reliability and performance of enterprise software applications.

2. Use of Products

You agree to use the Products only for lawful purposes and in accordance with these Terms.

1. Violate any applicable laws or regulations;
2. Infringe upon the rights of others;
3. Transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable;
4. Engage in any activity that interferes with or disrupts the operation of the Products;
5. Attempt to gain unauthorized access to any part of the Products or any other systems or networks connected to the Products.

3. Paid Subscription Products

All purchases are on a subscription basis. The type of Products purchased, the fee rates, and the payment process will be set forth in your applicable order form.

1. If you purchase annual subscription Products, your subscription will automatically renew for additional one-year terms unless you provide notice of non-renewal at least ten (10) days prior to the end of the then-current subscription term.
2. Upon any cancellation of annual Products, you will continue to have access to the Products through the end of your then-current term, at which time your access to the Products will terminate. Your final invoice will contain any overage charges accrued during your final term.

4. Prohibited Usage in US Embargoed Countries

You acknowledge and agree that the Products may not be used in, or exported or re-exported to, any country subject to United States embargo without prior authorization by the United States government.

5. Links to Other Websites

Our Website and Products may contain links to other sites operated by third parties that we provide only as a convenience to you to access those third-party websites.

6. Intellectual Property

All intellectual property rights in the Products, including but not limited to copyrights, trademarks, and trade secrets, are owned by Watermelon or its licensors.

7. Privacy

Our use of your data is governed by our Privacy Policy, which is incorporated by reference into these Terms.

8. Disclaimer of Warranties

The Products are provided "as is" and "as available" without warranty of any kind. We disclaim all warranties, express or implied.

9. Limitation of Liability

In no event shall Watermelon be liable for any indirect, incidental, special, or consequential damages.

10. Indemnification

You agree to indemnify and hold Watermelon harmless from and against any claims, damages, liabilities, costs, and expenses.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America.

12. Amendment and Termination

We reserve the right to amend these Terms at any time by posting the amended terms on our website.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Waiver

The failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

15. Contact Us

If you have any questions or concerns about these Terms, please contact us at hello@watermelon.us.

By accessing or using the Products, you acknowledge that you have read, understood, and agree to be bound by these Terms.