Terms of Service

By accessing or using dxTheory ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 16 years of age and have the legal capacity to enter into these Terms.

dxTheory is a developer insights platform that provides analytics and metrics about software engineers based on their publicly available GitHub activity. Our proprietary algorithms analyze contribution patterns, code reviews, pull requests, and other publicly accessible data to generate insights.

Key features of our Service include:

• Developer Insights: Comprehensive analytics about engineers based on their public contributions
• Token-Based Access: Insights are purchased using tokens, with access expiring after 3 months
• Team Collaboration: Organizations can create teams to share insights and collaborate
• AI-Enhanced Analysis: Additional AI-driven summaries and recommendations

To access most features of the Service, you must create an account. You may register using one of our supported authentication providers: GitHub (recommended), Google, Apple, or email (magic link).

You agree to:

• Provide accurate and complete information during registration
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we believe may be compromised.

Access to developer insights requires tokens, which can be purchased through our platform. By purchasing tokens, you agree to the following:

• Token Usage: Tokens are consumed when purchasing access to insights. The number of tokens required may vary based on the type of insight or feature.
• Access Duration: Insight access expires 3 months after purchase. Access can be renewed with additional tokens.
• Non-Refundable: Token purchases are final and non-refundable, except as required by applicable law.
• Price Changes: We reserve the right to modify token pricing at any time. Changes will not affect tokens already purchased.

Engineers whose profiles are analyzed may access their own insights for free, with data refreshes available every 48 hours.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Scrape, crawl, or use automated means to access the Service without our express permission
• Attempt to reverse engineer our proprietary algorithms or methodologies
• Use insights to discriminate against individuals in violation of employment laws
• Harass, abuse, or harm another person using information obtained from the Service
• Share account credentials or allow unauthorized access to your account
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to send spam or unsolicited communications

Our Property: The Service, including its original content, features, functionality, and proprietary algorithms, is and will remain the exclusive property of dxTheory. Our Service is protected by copyright, trademark, and other laws.

Generated Insights: The insights, analytics, and reports generated by our Service are proprietary outputs of our algorithms. While you have access to view and use these insights according to your subscription, you do not own the underlying analytical methods or derived metrics.

Your Data: You retain all rights to your personal data and any content you submit to the Service. By using the Service, you grant us a limited license to use your data solely to provide and improve the Service.

Feedback: Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to you.

Our Service offers team collaboration features with role-based access control:

• Owners: Full administrative access, including token purchases, team management, and member invitations
• Researchers: Can access insights, spend team tokens, and invite viewers
• Viewers: Can view purchased insights but cannot make purchases

Team owners are responsible for ensuring team members comply with these Terms. Insights and activities are shared within teams according to permission levels.

Our Service integrates with third-party platforms, primarily GitHub, to provide developer insights. By using our Service:

• You acknowledge that we access publicly available data from GitHub in accordance with their terms of service
• You agree to comply with GitHub's terms when connecting your GitHub account
• You understand that changes to third-party platform availability may affect our Service

We are not responsible for the content, policies, or practices of third-party platforms.

Informational Purpose: The insights and analytics provided by our Service are for informational purposes only. They should not be the sole basis for hiring, compensation, or employment decisions. We do not guarantee that our insights will accurately predict job performance or suitability.

"As Is" Basis: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

No Guarantee: We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DXTHEORY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability shall not exceed the amount you have paid us in the twelve (12) months preceding the claim.

You agree to defend, indemnify, and hold harmless dxTheory and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights

By You: You may terminate your account at any time by deleting your account through the settings page or by contacting us. Upon termination, your right to use the Service will immediately cease.

By Us: We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, we may delete your account and associated data in accordance with our Data Retention Policy.

Effect of Termination: Termination does not entitle you to a refund of any unused tokens. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of Maine, United States, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. For material changes, we will provide additional notice, such as an email notification.

Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

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

Email: [email protected]