Terms of Service

By accessing or using the hex.pm, hexdocs.pm or hexorgs.pm websites, HTTP API, repository or associated services (collectively, the "Services") you are agreeing to be bound by this Terms of Service ("Terms"). Six Colors AB ("Six Colors") operates each of these services. Any information, text, graphics or other material on the Services (collectively, the "Content") is also covered by the Terms.

The Privacy Policy forms part of these Terms. Where you use an organization to publish or consume private packages, the Data Processing Agreement also forms part of these Terms and governs our processing of personal data on your behalf.

1. Basic Terms

You are responsible for your use of the Services and any Content you post to the Services. Content you post publicly to the Services can be viewed by anyone using the Services or using third party services. All Content you post to the Services is subject to these terms.

You may use these Services only if you can form a binding contract with Six Colors. If you use the Services on behalf of another company, organization or other entity you must be authorized to do so.

You may not use the Services for any illegal or unauthorized purpose. You must not in the use of the Services violate any laws in your jurisdiction, including but not limited to copyright or trademark laws.

2. Account Terms

Your user account may only be used by one person — in other words, a single login may not be shared by multiple people.

Additionally, we permit machine accounts. A machine account is an account set up by an individual who accepts the Terms on behalf of the account and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions.

You are responsible for maintaining the security of your account and password. Six Colors cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3. Privacy

Any information that you or other users provide is subject to our Privacy Policy, which governs our collection and use of your information. As part of providing the Services we may send you information; these communications are considered part of the Services and are subject to these Terms.

4. API Terms

You may access Content via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Services, is bound by these Terms.

Abuse or excessively frequent access to the Services through the API may result in temporary or permanent suspension of access to the API. Six Colors will determine abuse or excessive usage of the API.

Six Colors reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

5. Copyright and Content Ownership

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Six Colors may not monitor or control the Content posted via the Services, and Six Colors cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Six Colors does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Six Colors be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

You retain your rights to any Content you submit, post or display on or through the Services. Except in respect of Private Content (defined in Section 8 below), by submitting, posting or displaying Content on or through the Services for public access, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Any Content you submit or post to the Services for public access may be stored by Six Colors and will be subject to these terms indefinitely or until Six Colors, at its sole discretion, terminates the Content. Private Content is retained and deleted as described in Section 9 and, where it contains personal data, in the Data Processing Agreement.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party services where such content has been published publicly via the Services. You understand that your Content (other than Private Content) may be syndicated, broadcast, distributed, or published by third party services and if you do not have the right to submit Content for such use, it may subject you to liability. Six Colors will not be responsible or liable for any use of your Content by Six Colors in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.

6. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users and organizations, and to reclaim usernames, organization names or package names without liability to you. We may do so with or without cause and without notice, and we are not obliged to reinstate an account, an organization or any Content.

If we suspend or terminate an organization, its members lose access to the organization's private packages and documentation, and its private packages stop being served to anyone. The organization's Content is retained and deleted as described in Section 9. Subject to Section 8 below and to the Data Processing Agreement, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Six Colors, its users and the public.

We take these decisions diligently, objectively and proportionately, having regard to the rights and legitimate interests of everyone involved. We may use automated means, including automated analysis of package contents, to detect Content that may breach these Terms, but a person reviews and takes every decision to remove Content or suspend an account or organization.

Where we restrict Content you have posted, or suspend your account or organization, we will tell you why, unless the law prevents us or the Content is deceptive high-volume commercial content such as bulk spam. We do not operate a formal appeals process and we are not obliged to reconsider a decision, though our policy is to look again if you tell us we got it wrong. Nothing in these Terms affects any right you have to bring proceedings before a court, which are governed by Section 13.

If you believe Content on the Services is illegal, report it to support@hex.pm. Tell us where it is, precisely enough that we can find it, why you believe it is illegal, and your name and email address, and confirm that what you have told us is accurate and complete to the best of your knowledge. Copyright complaints go to copyright@hex.pm and are handled under Section 7. We will confirm receipt, tell you what we decide, and tell you how you can challenge that decision.

You may not do any of the following while accessing or using the Services: access, tamper with, or use non-public areas of the Services, Six Colors' computer systems, or the technical delivery systems of Six Colors' providers; breach or circumvent any security or authentication measures; access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Six Colors (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Six Colors (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Six Colors is expressly prohibited); or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Any Content that you submit, post or display on or through the Services is subject to our Code of Conduct, which governs your behavior and Content on the services.

Six Colors respects the intellectual property rights of others and expects users of the Services to do the same. If you believe Content on the Services infringes your copyright, send a notice to copyright@hex.pm. The Copyright Policy sets out what a notice has to contain, how we handle it, and how the affected user can submit a counter notice.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Six Colors will also terminate a user's account if the user is determined to be a repeat infringer.

8. Private Content

Any Content you submit to the Services for a "private package", including but not limited to package contents, associated documentation, or package metadata (such Content being "Private Content") shall constitute your confidential information. For the duration of these Terms, and on an on-going basis following termination or expiry hereof, Six Colors shall:

  1. Hold in confidence and not use or permit the use of any Private Content other than as strictly required for provision of the Services.
  2. Use at least the same degree of care to prevent the unauthorized copying, use and/or disclosure of Private Content that it uses to protect its own confidential information. Further, Six Colors agrees to impose upon its employees, consultants, affiliates and subcontractors having access to Private Content obligations to protect such Private Content in terms substantially similar to this clause.

Six Colors may disclose Private Content solely if and to the extent:

  1. Required by law or regulatory body provided that prior to disclosing such information Six Colors shall give you notice, unless the law prohibits that notice.
  2. The information has come into the public domain through no fault of Six Colors.
  3. It is known to Six Colors prior to the commencement of these Terms and your use of the Services without any restriction upon its disclosure.
  4. Disclose to its legal advisers in confidence for the purpose of obtaining legal advice in connection with the Services.

9. Payment

Our pricing is available at hex.pm/pricing. Prices are fixed during the subscription billing period, however prices are subject to change at the end of the billing period. There is no charge for using "open source" services.

On the monthly plan the billing period is one month from the day when the subscription plan started, you will be billed for the next period when the period starts. Changes to the subscription, due to change of plan or quantity of subscription, will be pro-rated on the next invoice.

On the annual plan the billing period is one year from the day when the subscription plan started, you will be billed for the next period when the period starts. Changes to the subscription, due to change of plan or quantity of subscription, will be billed immediately for the remainder of the billing period.

A paid organization may only provide access to as many user accounts as your subscription allows. Each person using or accessing the organization or any Content associated with the organization, including but not limited to private package contents, documentation, or metadata, is required to have a user account and be a member of the organization with a paid seat. You must add a new paid seat for each person who will access the organization.

You may change or cancel your subscription at any time. There are no credits or refunds for partial billing periods of use, including periods with an active subscription when the Services were not used. If the subscription is cancelled the Services will remain available until the end of the billing period. This does not apply where you terminate under the Data Processing Agreement because you objected to a new subprocessor or because a data transfer mechanism ceased to be valid, in which case we refund prepaid fees covering the remainder of the term.

Upon payment failure or cancellation of the subscription you will lose access to Services that are non-free, including data submitted or posted using non-free Services. Content will be kept for 90 days, and we may delete it at any time after that. During those 90 days you may request a copy by contacting support@hex.pm. If the Services were terminated for breaking these Terms, or the Content violates these Terms, we may stop distributing the Content immediately, and we will still make it available to you on request during those 90 days unless the law prevents us.

By agreeing to these Terms you give us permission to charge your credit card on file. You agree to pay Six Colors any charges incurred through your use of the Services. If you have any disputes contact support@hex.pm. You do not need to provide payment information for free usage of the Services.

10. Ending These Terms

You may stop using the Services and close your account at any time. The Terms will otherwise continue to apply indefinitely or until terminated by Six Colors. If you stop using the Services the Terms will continue to apply to any information or Content you have submitted or posted to the Services, excluding Content you have explicitly removed from the Services. Nothing in this section shall affect Six Colors' rights to change, limit or stop the provision of the Services without prior notice.

11. Disclaimers and Limitations of Liability

Except as expressly set out herein, your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, SIX COLORS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Six Colors makes no warranty or representation and disclaims all responsibility and liability for: the completeness, accuracy, availability, timeliness or reliability of the Services or any Content; any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Six Colors or through the Services, will create any warranty or representation not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that Six Colors is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Six Colors of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Six Colors 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, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; ANY CONTENT OBTAINED FROM THE SERVICES; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

Where you pay for the Services, the total liability of Six Colors to you for all claims arising out of or relating to these Terms or the Services in any twelve month period is limited to the fees you paid to Six Colors in that period.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury, for fraud, or for intentional or grossly negligent acts.

The failure of Six Colors to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

12. Changes

If Six Colors makes changes to these Terms we will post a notice on the hex.pm website and notify you by email. New features, tools or resources added to the Services will be subject to the Terms. By continuing to use the Services you are agreeing to the Terms as it is subject to the changes.

The detailed history of changes to these Terms can be found in the git repository history for this document.

13. Governing law and disputes

These Terms, and any dispute arising out of them or out of your use of the Services, are governed by Swedish law, without regard to its conflict of law provisions.

If you use the Services as a consumer rather than in the course of a business, this section does not deprive you of the protection of any mandatory provisions of the law of the country where you live.