BY CHECKING THE BOX, REGISTERING, SIGNING OR USING THE SERVICES, YOU AGREE TO THESE NEO4J, INC. NEO4J BROWSER SYNC TERMS OF SERVICE (“TERMS”). YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS WITH NEO4J, INC. (“NEO4J”). THE DATE THAT YOU FIRST AGREE TO THESE TERMS OR USE THE SERVICES IS THE “EFFECTIVE DATE.”

  1. Definitions.
    1. “Documentation” means all documentation (if any) associated with the Services.
    2. “Services” means Neo4j’s hosted query service known as Neo4j Browser Sync.
  2. Using the Services. Before using the Services, You must have a separate valid license to use Neo4j software and You should regularly back up Your queries while using the Services. Neo4j may change the Services and/or features therein and/or discontinue the provision of the Services at any time with or without prior notice to You. Neo4j may elect in its sole discretion, but is not required, to provide support for the Services.
  3. License. Neo4j grants You a non-exclusive, non-transferable, limited license (with no sublicense rights) to (i) access and use the Services for internal use; and (ii) use the Documentation in connection with such use of the Services.
  4. Restrictions. You will not: (i) distribute the Services to any third party; (ii) reproduce, modify, translate or create derivative works of all or any portion of the Services; or (iii) remove or destroy any proprietary notices contained on or in the Services or Documentation or any copies thereof. Neo4j may notify You that Neo4j is imposing storage and other limitations on Your use of the Services.
  5. Disclaimer of Warranty. NEO4J PROVIDES THE SERVICES ON AN “AS IS” BASIS. NEO4J DOES NOT MAKE ANY WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND NEO4J EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEO4J HAS NO RESPONSIBILITY FOR LOSS OF QUERIES OR DATA OR INABILITY TO USE THE SERVICES FOR ANY REASONS, INCLUDING, WITHOUT LIMITATION, IF DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING PROVIDERS.
  6. Intellectual Property Rights. Neo4j owns all rights, title and interest in and to the Services and Documentation. There are no implied rights. Neo4j reserves all rights not expressly granted herein. If You provide us with feedback on Your use of the Services or if we receive any information reported automatically through the Services You give Neo4j all rights in the feedback and Neo4j may use Your feedback without obligation to You.
  7. Limitation of Liability; Allocation of Risk.
    1. Limitation of Liability. NEO4J IS NOT LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF QUERIES, CONTENT OR DATA OR ANY ACTUAL OR ANTICIPATED DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF NEO4J HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, NEO4J’S DIRECT DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00).
    2. Allocation of Risk. Section 7.1 on limitation of liability and Section 5 above on warranty disclaimer fairly allocate the risks in these Terms. This allocation is an essential element of the basis of the bargain between the parties and that the limitations specified in this Section 7 shall apply notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.
    3. Confidentiality. The Services are the Confidential Information of Neo4j and You agree that You will not disclose any information about the Services to any third party without Neo4j’s express written consent. You own Your queries that You upload to the Services and You can read about how Neo4j uses and stores Your queries in Neo4j’s privacy policy.
    4. Term and Termination. These Terms start on the Effective Date and continue until terminated. You may terminate these Terms at any time by stopping use of the Services. These terms will terminate immediately if You violate any term of these Terms. Neo4j may suspend or cease providing the Services altogether and may add or remove functionalities from the Services at any time. Except for Section 3 (“License”), all Sections of these Terms shall survive termination for a period of three (3) years from the date hereof. On termination of these Terms, Neo4j may destroy all of Your queries that You submit through the Services and You will no longer be able to access or extract Your queries from the Services.
    5. Government End Users. The Services are commercial computer software programs developed solely at private expense. As defined in U.S. Federal Acquisition Regulations (FAR) section 2.101 and U.S. Defense Federal Acquisition Regulations (DFAR) sections 252.227-7014(a)(1) and 252.227-7014(a)(5) (or otherwise as applicable to You), the Services licensed in these Terms is deemed to be “commercial items” and “commercial computer software” and “commercial computer software documentation.” Consistent with FAR section 12.212 and DFAR section 227.7202, (or such other similar provisions as may be applicable to You), any use, modification, reproduction, release, performance, display, or disclosure of such commercial Services or commercial Services documentation by the U.S. government (or any agency or contractor thereof) shall be governed solely by the terms of these Terms and shall be prohibited except to the extent expressly permitted by the terms of these Terms.
    6. General Provisions. Neo4j may modify these Terms and Neo4j will post a change notice on the Services page. If You do not agree with the modified Terms, You should stop using the Services. Neo4j also may send notices to You through Your account on the Services or through email. These Terms are governed by the laws of the State of California, U.S.A. without regard to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms. If any term is not enforceable, the remaining terms are not affected. If Neo4j does not enforce any right of these Terms, Neo4j does not waive its rights. You will comply with all export laws. These Terms may not be assigned, sublicensed or otherwise transferred by You. These Terms constitutes the parties’ entire understanding regarding the Services, and supersedes any and all other prior or contemporaneous agreements, whether written or oral.