Legal

Website terms of use

Last updated

1. Who we are, and acceptance

This Site is operated by Sergey Nechaev, a sole trader in New South Wales, Australia, under the registered business name nuclr.dev (ABN 54 906 218 088) - "Nuclr", "we" and "us" in these terms.

By accessing nuclr.dev, downloads.nuclr.dev or any related page or endpoint we operate (the "Site"), you agree to these terms, which form an agreement between you and us. If you do not agree to them, do not use the Site.

We may change these terms at any time by publishing a revised version here with a new date. Continuing to use the Site after that is acceptance of the change.

2. What these terms don't cover

These terms govern the Site. They say nothing about the Nuclr Commander application itself. Installing and using the software is governed by a separate licence agreement supplied with the download along with the open-source notices for the third-party components inside it, and also published at /legal/eula. Read it before you install.

Where these terms and that agreement appear to conflict about the application, the licence agreement wins. Our privacy notice covers personal information handled by this Site.

3. Acceptable use

You may read the Site, and download what we offer for download. You may not:

  • attempt to gain unauthorised access to the Site, its administration areas, its database, or any account;
  • probe, scan or test the security of the Site except as permitted by our vulnerability disclosure terms below;
  • interfere with the Site's availability, including by denial-of-service or by automated request volume that degrades it for others;
  • scrape or harvest content in a way that places an unreasonable load on the Site, or collect personal information from it;
  • re-host, mirror or redistribute our download artifacts as if they were your own, or present modified builds as ours;
  • use the Site to send spam, malware, or anything unlawful, defamatory or infringing - this includes the feedback form;
  • misrepresent your identity in a way designed to deceive us or another user.

We may block access, remove content and refuse service to anyone breaching this section, without notice.

4. Downloads

Files offered on the Site are supplied under their own licence terms, which are included with them - see section 2. Downloads are redirected to a download host and may be served through a content delivery network.

We publish signature material so you can verify that what you received is what we published. We recommend you verify it. We cannot control what a mirror, proxy, network or third-party site does to a file in transit, and we are not responsible for copies of our software obtained anywhere other than from us.

5. Intellectual property

The Site, its content, and the Nuclr name and logo are our property and are protected by copyright and other laws. nuclr.dev is our registered business name. You may quote or link to the Site with attribution. You may not use our name or logo in a way that suggests we endorse, supply or are associated with something we are not.

If you believe something on the Site infringes your rights, write to [email protected] identifying the material, your rights in it, and where it appears. We will look into it and remove anything we should.

6. No warranty for the Site

To the maximum extent permitted by law, the Site is provided as is and as available. We do not warrant that it will be available or uninterrupted, that it will be free of errors or harmful code, or that anything on it is complete, current or accurate. We may change or withdraw any part of it at any time.

Documentation, roadmap items and feature descriptions state our intentions at the time of writing. They are not promises, and plans change.

The Site links to third-party sites, including GitHub. We don't control them and we're not responsible for them; their terms and privacy practices are their own.

7. Liability

To the maximum extent permitted by law, and subject to section 8, we are not liable for any loss or damage arising from your use of, or inability to use, the Site - including loss of data, loss of profit or business, or any indirect or consequential loss - however caused. Our total aggregate liability in connection with the Site will not exceed one Australian dollar (AUD $1.00).

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including for death or personal injury caused by negligence, or for fraud.

8. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law, to the extent that doing so would be void or contravene that law. Where our liability under a consumer guarantee can be limited, it is limited, at our option, to resupplying the relevant service or paying the cost of having it resupplied.

9. Reporting a vulnerability

Security reports are welcome and we would much rather hear from you than not. Email [email protected] with enough detail to reproduce the issue. We aim to acknowledge within 5 business days.

Safe harbour. If you make a good-faith effort to follow these rules, we will not pursue or support legal action against you for your research, and we'll treat it as authorised conduct:

  • test only against accounts and data that are your own;
  • don't access, modify, delete or exfiltrate anyone else's data - if you encounter personal information, stop and tell us;
  • don't degrade the service: no denial-of-service, no automated scanning at volume, no spam;
  • don't use social engineering, phishing, or physical attacks against us or our providers;
  • give us a reasonable chance to fix the issue before publishing it - 90 days is our default, and we're happy to agree something shorter for a low-severity finding;
  • stay within the law.

This safe harbour is what we can offer for our own systems. It cannot bind our hosting providers or any third party, so their terms still apply to you. We do not currently operate a paid bug bounty, and we're glad to credit you when we publish the fix if you'd like us to.

10. Privacy

Our privacy notice explains what personal information the Site and its Commander endpoints collect and what happens to it. Website analytics and Commander usage analytics are separate, optional systems; each only runs after you accept it in the relevant browser or application notice.

11. Governing law

These terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of New South Wales. If you are a consumer resident elsewhere, this does not deprive you of the protection of any mandatory law of your place of residence.

12. General

If any provision of these terms is held unenforceable, it is read down to the minimum extent necessary or severed, and the rest continues to apply. Our failure to enforce a provision is not a waiver of it. These terms are the entire agreement between us about the Site.

13. Contact

Email [email protected]. That address reaches Nuclr.