Terms of Service
These Terms of Service ("Terms") are a binding agreement between you and md2gd ("md2gd", "we", "us") and govern your use of the md2gd service (the "Service"). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.
Section 11 contains a binding arbitration agreement and a class-action waiver. They affect how disputes are resolved. Please read them carefully.
1. The Service
md2gd keeps local Markdown files two-way synced with Google Docs. It consists of a hosted web service (authentication and sync coordination) and a client you run on your own machine. The Service is currently offered in beta and free of charge; features, pricing, and availability may change at any time.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Service. By using the Service you represent that you meet these requirements and that your use complies with all laws that apply to you.
3. Your account and Google authorization
You sign in with Google and authorize md2gd to access the specific documents you link. You are responsible for maintaining the security of your account and credentials, and for all activity that occurs under your account. You may revoke md2gd's access to your Google account at any time via your Google account permissions.
4. Your content
You retain all rights to your Markdown files and Google Docs ("Your Content"). md2gd claims no ownership of Your Content and does not store document contents on its servers. You grant md2gd only the limited, non-exclusive license needed to access, transmit, and process Your Content solely to perform the syncs you request, for as long as you use the Service. You represent and warrant that you own or have all necessary rights to Your Content and that syncing it does not violate any law or infringe any third party's rights. You are solely responsible for Your Content and for maintaining your own backups of important documents.
5. Acceptable use
You agree not to, and not to permit anyone else to:
- use the Service for any unlawful purpose or to infringe, misappropriate, or violate any third party's rights;
- upload, sync, or transmit content that is illegal, infringing, malicious, or that you lack the rights to;
- attempt to disrupt, overload, probe, or gain unauthorized access to the Service or its infrastructure;
- reverse engineer, resell, or build a competing service using the hosted Service, except as expressly permitted by the client's open-source license;
- use the Service to violate Google's API terms, acceptable-use policies, or the rights of any Google user.
6. Third-party services
The Service relies on third-party services, including Google's APIs, to function. Your use of those services is governed by their own terms, and md2gd is not responsible for their acts, omissions, availability, or changes. If a third-party service changes or becomes unavailable, the Service may be affected and md2gd is not liable for the result.
7. Availability and beta status
The Service is provided on an as-available basis. During beta there is no uptime commitment, and we may modify, suspend, or discontinue any part of the Service at any time without liability. The md2gd client is distributed under its own open-source license.
8. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. md2gd DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY DATA WILL BE ACCURATE, PRESERVED, OR FREE FROM LOSS OR CORRUPTION. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF IMPORTANT DOCUMENTS. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, md2gd AND ITS OPERATORS, OFFICERS, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, md2gd'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID md2gd FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless md2gd and its operators from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) Your Content, (b) your use of the Service, (c) your violation of these Terms or any law, or (d) your violation of any third party's rights, including intellectual-property or privacy rights.
11. Governing law and dispute resolution
Governing law. These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.
Informal resolution first. Before filing any claim, you agree to try to resolve it informally by emailing support@md2gd.com with a description of the dispute. If it is not resolved within 30 days, either party may proceed under this Section.
Binding arbitration. Except for the carve-outs below, any dispute arising out of or related to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Judgment on the award may be entered in any court with jurisdiction.
Class-action and jury-trial waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND md2gd WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect its intellectual-property or unauthorized-access rights.
30-day opt-out. You may opt out of this arbitration agreement by emailing support@md2gd.com within 30 days of first accepting these Terms, stating your name and intent to opt out. If you opt out, disputes will be resolved in the state or federal courts located in New Castle County, Delaware, and you and md2gd consent to their exclusive jurisdiction.
Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.
12. Copyright and takedown
md2gd does not host your document contents on its servers. If you believe content associated with the Service infringes your copyright, send a notice with the required details (the work, the material, your contact information, and a good-faith statement) to support@md2gd.com. We may remove access to, or terminate the accounts of, users who repeatedly infringe.
13. Termination
You may stop using the Service and revoke access at any time. We may suspend or terminate your access at any time, with or without notice, if these Terms are violated or to protect the Service. Sections that by their nature should survive termination (including 4, 8, 9, 10, 11, and 15) will survive.
14. Changes to these Terms
We may update these Terms as the product evolves. Material changes will be reflected by the "Last updated" date above; your continued use after changes take effect constitutes acceptance.
15. General
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be enforced to the maximum extent permitted. These Terms, together with the Privacy Policy and the client's license, are the entire agreement between you and md2gd regarding the Service and supersede any prior agreements. md2gd may assign these Terms; you may not assign them without our consent. Our failure to enforce a provision is not a waiver of it. md2gd is not liable for any delay or failure caused by events beyond its reasonable control.
16. Contact
Questions about these Terms: support@md2gd.com.