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Terms of Service

Last Updated: January 21, 2025 (Revised)

1. Acceptance of Terms

Welcome to DevMetrics (“the App”). The App is operated by Pocketglow LLC (“Company,” “we,” “us,” or “our”), with a business address at 96 Clinton Ave PMB 265, Newark, New Jersey 07114, USA. By downloading, installing, or using the App in any way, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the App.

2. Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use the App. By using the App, you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

3. Description of the Service

DevMetrics is a macOS application that allows you to download and analyze engineering metrics from GitHub repositories. Certain functionality depends on third-party services (e.g., GitHub API). All pull request data is processed locally on your device; we do not store or process that data on our servers. However, you acknowledge that you are responsible for complying with any applicable data protection or privacy laws in your jurisdiction regarding the processing of personal data using the App.

4. License and Restrictions

  1. License Grant
    We grant you a non-exclusive, non-transferable license to download and use the App for your personal or internal business purposes, subject to these Terms.

  2. License Restrictions
    You shall not:

    • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the App.
    • Modify, translate, or create derivative works of the App.
    • Resell, distribute, or sublicense the App or any of its components, unless explicitly permitted by us.
    • Use the App to violate any laws or regulations, including employment, labor, or privacy laws.

  3. Third-Party Terms
    By using the App with GitHub or any other integrated service, you agree to comply with GitHub’s Terms of Service, API Terms, and any other applicable third-party terms.

5. Acceptable Use and User Obligations

  1. Compliance with Laws and Employee Privacy

    • You represent and warrant that you have all necessary rights and consents to access and process any data (including personal data of employees, contractors, or team members) via the App.
    • You agree to comply with all applicable privacy, employment, labor, and data protection laws in your jurisdiction when using the App to analyze or monitor individuals’ GitHub activity.
    • You acknowledge that you are solely responsible for obtaining any required notices or consents from individuals whose data you collect or analyze using the App, including (where applicable) employees or team members.
    • If you operate in a jurisdiction that imposes restrictions or requirements on employee monitoring or data collection (for example, the EU’s GDPR, local works council rules, or state-level privacy laws), you must ensure compliance with such requirements.

  2. Prohibited Conduct
    You agree not to use the App in any manner that:

    • Violates any laws, regulations, or third-party rights (including intellectual property and privacy rights).
    • Circumvents or attempts to circumvent any security measures of the App or any third-party services.
    • Could harm or disrupt the App, GitHub, or other users.

  3. Security on Your Device

    • The App stores pull request data on your local machine. You are solely responsible for securing your device(s) and any exported data (e.g., CSV files).
    • We are not liable for any data breach, leak, or loss arising from inadequate security on your system.

6. Payments and Billing

  1. Merchant of Record
    We use Paddle as our Merchant of Record for payment processing. By making a purchase, you agree to provide accurate payment information and to abide by Paddle’s terms and conditions.

  2. Pricing
    Prices and payment terms are provided on our website or within the App’s purchase flow. We reserve the right to change our prices at any time, but changes will not affect purchases already made.

7. Refund Policy

We offer a 14-day refund for any reason, subject to the terms outlined in our Refund Policy. If your jurisdiction grants you additional or different rights regarding refunds, those rights may apply to you, and nothing in these Terms is intended to limit your mandatory statutory rights.

8. Intellectual Property

All content, trademarks, logos, and intellectual property rights related to the App are owned by or licensed to Pocketglow LLC. You agree not to use any of the foregoing without our prior written permission.

9. Disclaimer of Warranties

  1. AS IS and AS AVAILABLE
    The App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  2. No Guarantee of Accuracy
    We do not guarantee the accuracy, completeness, or reliability of the metrics or analytics generated by the App. You are solely responsible for any decisions or actions taken based on the information provided by the App.

  3. No Warranty of Uninterrupted or Error-Free Operation
    We make no warranty that the App will operate uninterrupted, error-free, or free from defects or viruses.

  4. Consumer Protection
    Some jurisdictions do not allow the exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. To the extent that these exclusions are disallowed, they do not apply.

10. Limitation of Liability

  1. Indirect Damages
    To the fullest extent permitted by law, Pocketglow LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data or goodwill.

  2. Cap on Liability
    In no event shall our aggregate liability for all claims related to the App exceed the amount paid by you to us for accessing or using the App in the 12 months preceding the claim.

  3. Applicability of Limitations
    Some jurisdictions do not permit the limitation or exclusion of certain liabilities in consumer contracts. If you are a consumer protected by such laws, certain limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Pocketglow LLC and its affiliates, directors, officers, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your access to or use of the App.
  • Your breach of these Terms.
  • Your violation of any applicable law or regulation, including employment or privacy laws.
  • Your misuse of third-party services, such as GitHub, in connection with the App.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law principles. Any dispute arising from these Terms or your use of the App shall be resolved in the state or federal courts located in New Jersey, and you consent to personal jurisdiction and venue in such courts.

13. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before the changes take effect (e.g., via the App or our website). Your continued use of the App after the effective date of any such changes constitutes acceptance of those changes.

14. Additional Provisions for International Users

If you access or use the App from outside the United States, you do so at your own risk and initiative. You are solely responsible for compliance with any applicable local laws, including but not limited to privacy, data protection, and employee-monitoring laws. By using the App, you also understand that your personal data (e.g., email for licensing or support) may be transferred to the United States and processed in accordance with our Privacy Notice.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Pocketglow LLC
96 Clinton Ave PMB 265
Newark, New Jersey 07114, USA
Email: support@pocketglow.com