Terms of Service

These Terms govern your access to and use of Rivet, the application platform operated by Simplisik LLC. By creating an account, accessing the dashboard, or deploying anything to Rivet, you agree to these Terms.

1. Definitions

• "Simplisik," "we," "us" — Simplisik LLC, a Tennessee limited liability company.
• "Rivet" or "the Service" — the application platform we operate, including the marketing site at rivet.sh, the dashboard, the build and deploy infrastructure, and the hosting at onrivet.sh and customer-configured custom domains.
• "Customer," "you" — the individual or legal entity that has accepted these Terms.
• "Customer Content" — the code, configuration, environment variables, data, logs, and other materials you deploy, transmit, store, or process through Rivet.
• "Order" — any written or in-product agreement (plan selection, order form, SOW) that references these Terms.

2. Eligibility and account

You must be at least 18 years old and legally able to enter contracts. If you sign up on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to it. You are responsible for the accuracy of your account information, for all activity under your account, and for keeping credentials secure. Notify legal@rivet.sh if you suspect unauthorized use.

3. The Service

Rivet is currently offered as a closed beta. The Service is provided as-is and may change without notice. We do not offer a formal service-level agreement (SLA) during the beta period. Once the Service reaches general availability or you purchase a plan with an SLA, those specific terms apply.

4. Acceptable use

You agree not to use Rivet — and not to allow anyone using your account to use it — to:

• Violate any law, regulation, or third-party right.
• Distribute malware, phishing kits, ransomware, or other malicious code.
• Send unsolicited bulk email or commercial messages.
• Host or distribute child sexual abuse material (CSAM), content that exploits or endangers minors, or content that incites violence against any group.
• Conduct or participate in denial-of-service attacks, port scans, intrusion attempts, or botnet command-and-control activity.
• Mine cryptocurrency, run resource-abusive workloads, or otherwise consume disproportionate compute, network, or storage in a way inconsistent with normal application workloads.
• Reverse-engineer, decompile, or attempt to derive the source code of the Service, except as expressly permitted by law.
• Circumvent rate limits, abuse-prevention systems, security controls, or usage metering.
• Interfere with other Customers' use of the Service or with the underlying infrastructure.

Upstream provider terms apply. Rivet runs on dedicated servers operated by InterServer, Inc. Activity that violates the InterServer Terms of Service or Privacy Policy may result in immediate suspension by InterServer, which Simplisik cannot override. You agree not to use Rivet in any way that would cause Simplisik to breach those upstream terms.

We may investigate suspected violations, remove or disable offending Customer Content, and suspend or terminate accounts in our reasonable discretion.

Export controls and sanctions. The Service is subject to U.S. export-control laws, including the U.S. Export Administration Regulations (EAR) and trade and economic sanctions maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent that you (a) are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions; (b) are not on any U.S. government list of restricted or sanctioned parties (including the OFAC Specially Designated Nationals and Blocked Persons List and the Commerce Department's Denied Persons and Entity Lists); and (c) will not access, use, export, re-export, or transfer the Service in violation of these laws. You are responsible for complying with all applicable export-control and sanctions laws in your use of the Service.

High-risk uses. The Service is not designed, intended, or authorized for use in any application in which the failure of the Service could reasonably be expected to result in death, personal injury, or severe physical or environmental damage — including the operation of nuclear facilities, aircraft navigation or communication systems, air-traffic control, life-support, weapons systems, or other safety-of-life uses. You agree not to use the Service for any such purpose, and Simplisik disclaims any express or implied warranty of fitness for such uses.

5. Customer Content and intellectual property

You own your Customer Content. Nothing in these Terms transfers ownership of your code, data, or trademarks to us.

You grant Simplisik a worldwide, non-exclusive, royalty-free license to host, transmit, copy, cache, display, build, deploy, run, and otherwise process Customer Content solely to operate, secure, and improve the Service for you. This license ends when the relevant Customer Content is deleted from the Service, subject to our backup-retention windows described in our Privacy Policy.

Customer warranties for Customer Content. You represent and warrant that (a) you own or have all necessary rights, licenses, and consents to provide the Customer Content to Simplisik and to allow us to process it as described in these Terms; (b) the Customer Content and your use of the Service comply with applicable law, including data-protection and privacy laws; and (c) where Customer Content includes personal data of end users (for example, end users of your application hosted on onrivet.sh or your custom domain), you have provided the disclosures and obtained the consents required for Simplisik to process that data as a processor on your behalf.

We own the Service. Simplisik retains all rights in Rivet, including its software, designs, documentation, trademarks, logos, and trade dress. We grant you a limited, non-transferable, revocable right to use the Service in accordance with these Terms. You may not use Simplisik's or Rivet's name, logo, or trademarks without our prior written consent, except to truthfully identify Rivet as the underlying platform for your application.

Feedback. If you send us suggestions, ideas, or feedback about Rivet, we may use them without obligation to you. We will not identify you as the source without your permission.

DMCA and copyright complaints. Simplisik responds to clear notices of alleged copyright infringement that comply with 17 U.S.C. § 512. To submit a notice, send the information required by the DMCA (identification of the copyrighted work, the allegedly infringing material and its location, your contact information, a good-faith statement, an accuracy statement under penalty of perjury, and your signature) to our designated agent at legal@rivet.sh with the subject line "DMCA Notice." Counter-notices may be submitted to the same address. We will, in appropriate circumstances, terminate the accounts of Customers who are repeat infringers.

6. Fees and billing

Use during the closed beta is provided at no charge unless otherwise stated in an Order. When you select a paid plan or place an Order:

• Fees are billed in advance for the relevant period and are non-refundable except as required by law.
• Usage-based fees (compute, bandwidth, storage) are billed in arrears.
• You authorize Simplisik (and Stripe, our payment processor) to charge your designated payment method for amounts due.
• Fees are exclusive of taxes; you are responsible for applicable sales, use, and similar taxes other than taxes on Simplisik's income.
• Late amounts accrue interest at the lesser of 1% per month or the maximum rate permitted by law.
• If a payment fails, we may suspend the Service after reasonable notice; we will restore it once amounts are current.

You may dispute a charge in good faith by emailing legal@rivet.sh within 30 days of the invoice date.

7. Confidentiality

Each party may receive non-public information from the other ("Confidential Information") in connection with the Service. The recipient will use the other party's Confidential Information only to perform under these Terms, will protect it with the same care it uses for its own confidential information (and no less than reasonable care), and will not disclose it to third parties except to employees, contractors, and advisors with a need to know and equivalent confidentiality obligations. This section does not apply to information that is or becomes public through no fault of the recipient, was lawfully known beforehand, is independently developed, or must be disclosed under law (with prompt notice where permitted).

8. Privacy and data protection

Our handling of personal data is described in the Privacy Policy, which is incorporated into these Terms by reference. For Customer Content, Simplisik acts as a processor and you act as the controller. Business Customers may request a Data Processing Addendum (DPA) by emailing legal@rivet.sh.

9. Third-party services

Rivet integrates with third-party services (e.g., source control hosts, payment processors, monitoring tools). Your use of those services is governed by their terms and privacy policies. Simplisik is not responsible for third-party services you choose to connect.

10. Warranties and disclaimers

The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, Simplisik disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. Simplisik does not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service will meet your requirements. The beta nature of the current Service is one reason these disclaimers apply.

11. Limitation of liability

To the maximum extent permitted by law:

• Neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.
• Each party's total cumulative liability arising out of or related to these Terms will not exceed the greater of (a) the fees you paid Simplisik for the Service in the 12 months immediately preceding the event giving rise to the claim, or (b) US $100 if you have not paid any fees.

These limits do not apply to your payment obligations, your breach of Section 4 (Acceptable Use), either party's indemnification obligations, or liability that cannot be excluded under applicable law.

12. Indemnification

By you. You will defend, indemnify, and hold harmless Simplisik and its affiliates, officers, directors, employees, and agents from any third-party claim, demand, or proceeding arising out of (a) your Customer Content, (b) your violation of Section 4 (Acceptable Use), (c) your violation of law, or (d) your infringement or misappropriation of any third party's rights.

By Simplisik. Simplisik will defend you against any third-party claim that the Service, as provided by Simplisik and used by you in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, and will pay the damages or settlement amounts finally awarded. This obligation does not apply to claims arising from Customer Content, modifications to the Service made by anyone other than Simplisik, or your combination of the Service with anything not supplied by Simplisik.

The indemnifying party's obligations are conditioned on the indemnified party (i) promptly notifying the indemnifier of the claim, (ii) giving the indemnifier sole control of the defense and settlement (provided no settlement requires admission of liability without the indemnified party's consent), and (iii) reasonably cooperating.

13. Term, termination, and suspension

These Terms remain in effect while you have an account or any active Customer Content on Rivet. Either party may terminate for convenience by giving notice; for paid plans, termination is effective at the end of the then-current billing period unless an Order says otherwise. Either party may terminate immediately for the other's material breach that is not cured within 30 days of written notice.

We may suspend all or part of the Service immediately if we reasonably believe (a) your account or Customer Content poses a security, legal, or integrity risk to the Service or other Customers; (b) you have violated Section 4 (Acceptable Use); (c) InterServer or another upstream provider requires it; or (d) a payment is past due after notice. We will narrow the suspension to what is needed and restore the Service when the reason is resolved.

On termination, we will make Customer Content available for export for at least 30 days, after which we may permanently delete it. Sections that by their nature should survive (ownership, confidentiality, disclaimers, liability limits, indemnification, dispute resolution, miscellaneous) survive termination.

14. Modifications to the Service and these Terms

We may improve, change, or discontinue features of the Service from time to time. We will give reasonable advance notice of changes that materially reduce functionality. We may also update these Terms; for material changes we will post the updated version at least 30 days before it takes effect and email account owners. Your continued use after the effective date constitutes acceptance.

15. Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disturbances, internet or telecommunications failures, and outages or failures of upstream providers (including InterServer). The affected party will use commercially reasonable efforts to mitigate the impact.

16. Notices

We may send notices to you by email to the address on your account or by posting in the dashboard. You must send notices to Simplisik by email to legal@rivet.sh. Notice is effective on receipt for email.

17. Governing law and venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. Subject to Section 18, the exclusive venue for any dispute is the state or federal courts located in Davidson County, Tennessee, and each party consents to the personal jurisdiction of those courts.

18. Dispute resolution and arbitration

Informal resolution first. Before filing a claim, the parties will try in good faith to resolve any dispute by sending a written description to the other party and meeting (in person, by phone, or by video) within 30 days.

Binding arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Nashville, Tennessee (or by remote hearing where the rules permit). Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek injunctive relief in court for intellectual-property or confidentiality matters.

Statutory carve-outs. Nothing in this Section 18 requires arbitration of, or waives a right to a jury trial or to proceed on a class or collective basis for, any dispute arising out of conduct alleged to constitute sexual assault or sexual harassment, consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. §§ 401–402. The same applies to any other claim that applicable law expressly makes non-arbitrable.

Class-action waiver. All claims must be brought in an individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class proceeding.

Opt-out. You may opt out of this Section 18 within 30 days of first accepting these Terms by emailing legal@rivet.sh with the subject line "Arbitration Opt-Out" and your account email. Opting out does not affect any other provision of these Terms.

19. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, any DPA, and any Order form the entire agreement between the parties and supersede any prior agreements on the same subject matter.
• Order of precedence. If there is a conflict, an executed Order controls over these Terms; these Terms control over the Privacy Policy on operational matters.
• Severability. If any provision is held unenforceable, the remainder will continue in effect.
• No waiver. Failure to enforce any right is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. Simplisik may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.
• No agency. Nothing creates a partnership, joint venture, employment, or agency relationship between the parties.
• Headings. Section headings are for convenience and do not affect interpretation.
• Government users. If you are a U.S. federal agency, the Service is "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202.

20. Contact

Questions about these Terms? Email legal@rivet.sh.