Legal

Terms of Service

Last updated October 30, 2023

These terms describe the agreement between Distro Inc and each customer or user that accesses or uses Distro’s services.

Agreement to these terms

These Terms of Service govern access to and use of the services provided by Distro Inc (“Distro,” “we,” “us,” or “our”). By accessing or using Distro, you agree to these terms and acknowledge our Privacy Policy. You must be at least 18 and, if acting for an organization, authorized to bind that organization. If you do not agree, do not use the services.

1. Your rights

Subject to these terms and during your subscription term, Distro grants you a limited, non-exclusive, revocable right to access and use the services for your internal business purposes under your selected plan or Order Form.

2. Your responsibilities

Each user must have unique login credentials and must keep them confidential. You are responsible for activity under your account and for ensuring that Customer Data is collected and used lawfully.

  • Do not resell, sublicense, lease, or commercially exploit the services for a third party.
  • Do not modify, disrupt, probe, scrape, reverse engineer, or gain unauthorized access to the services or related systems.
  • Do not store or transmit unlawful, infringing, abusive, discriminatory, or malicious content.
  • Do not use the services to process sensitive information or Customer Data in violation of applicable law.

3. Services and trials

Trials may be limited in duration and may be ended by Distro at any time. New features and updates are also governed by these terms. The services may occasionally be unavailable for maintenance; when practical, we will provide advance notice of scheduled downtime.

4. Intellectual property and Customer Data

Distro retains all rights in the services, software, documentation, trademarks, and related intellectual property. You retain ownership of Customer Data you provide. You authorize Distro to process Customer Data as needed to provide, support, operate, maintain, secure, and improve the services.

Feedback you choose to provide may be used by Distro without restriction or compensation. Rights not expressly granted in these terms are reserved.

5. Third-party services

Integrations and other third-party services are governed by their own terms and privacy policies. Distro is not responsible for third-party services you choose to enable or for their processing of your data.

6. Charges and payment

Subscription charges are based on the selected plan or Order Form and are payable in advance unless an Order Form says otherwise. Invoices are due within 30 days unless otherwise agreed. Charges are non-refundable except where an Order Form or applicable law provides otherwise, and taxes are additional.

Late amounts may accrue interest at 1.5% per month or the maximum lawful rate. After notice and a ten-day opportunity to pay, Distro may suspend or terminate access for non-payment.

7. Term, suspension, and termination

The subscription term appears on the website or applicable Order Form. You may terminate with 30 days’ written notice but remain responsible for charges committed for the subscription term. Distro may suspend access for a breach and may provide a 15-day opportunity to cure when the breach can be corrected.

When an account terminates, access ends. Distro may retain Customer Data for 15 days after effective termination and may delete it after that period, subject to legal requirements and any separate written agreement.

8. Confidentiality, privacy, and security

Each party will protect the other party’s Confidential Information using at least reasonable care and will use it only to perform obligations or exercise rights under the agreement. Access may be limited to personnel and representatives who need the information and are bound by confidentiality obligations.

Distro uses technical and organizational measures appropriate to the risk of processing Customer Data. When Distro processes Personal Data in Customer Data, it acts as a processor on your behalf. The Distro Data Processing Agreement applies where stated and is available at dpa.distro.so.

9. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DISTRO DISCLAIMS EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DISTRO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, GOODWILL, USE, CONTENT, OR BUSINESS OPPORTUNITY. DISTRO’S AGGREGATE LIABILITY RELATING TO THE SERVICES WILL NOT EXCEED THE SUBSCRIPTION CHARGES PAID DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. LIABILITY FOR TRIAL SERVICES IS DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You will indemnify and hold Distro and its personnel harmless from third-party claims arising from your breach of your responsibilities under these terms, provided Distro gives prompt notice, allows you to control the defense and settlement, and reasonably cooperates.

12. General terms

You may not assign these terms without our prior written consent; Distro may assign its rights and obligations. If a provision is unenforceable, the remaining provisions continue in effect. The parties are independent contractors, and a failure to enforce a provision is not a waiver.

These terms and applicable Order Forms are the complete agreement for the services. They are governed by Delaware law. Disputes will be resolved by binding arbitration administered by the American Arbitration Association under its commercial rules, in English, by one arbitrator, with judgment enforceable in any court with jurisdiction.

13. Contact and notices

Notices to Distro may be sent to support@distro.so and Distro Inc, 7 allée du Long, 26500 Bourg-lès-Valence, France. We may deliver notices to the email or mailing address associated with your account.

Questions about terms of service?

Contact support