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PanDev Extensions Terms of Service (ToS)

Version: 1.0
Effective Date: January 1, 2025
Rights Holder (Provider): PanDev Ltd

These terms govern only the use of PanDev software extensions for code editors and IDEs as a channel for transferring data from the IDE to PanDev services. Access to and rules for using the cloud services (SaaS) are defined in the Cloud Terms. The rules for server software deployed at the Customer (on-prem, self-managed) are set out in the Self-Managed EULA. Licensing of the Extensions themselves is governed by the Extensions EULA.

Definitions​

"Extensions" - PanDev software modules installed in compatible code editors and IDEs that collect and transmit activity data to the Server.
"Editor" - A compatible code editor or integrated development environment (IDE) in which an Extension is installed.
"Services (SaaS)" - PanDev cloud services delivered from PanDev cloud infrastructure.
"Software (on-prem, self-managed)" - PanDev server software deployed in the Customer's infrastructure under the Self-Managed EULA.
"Server" - A remote endpoint that receives data from the Extensions. The Server may be the Platform (PanDev cloud) or the Customer's on-prem instance.
"Platform" - PanDev cloud infrastructure on which the SaaS operates.
"Cloud Terms" - Separate PanDev terms that govern access to and use of the SaaS.
"Customer" - A legal entity that has entered into an agreement with PanDev.
"User" - A Customer employee or contractor authorized to work with the Extensions.
"Activity Data" - Metadata about events in the Editor without source code content. The categories are described in Appendix A.
"Diagnostic Telemetry" - Anonymized technical information about the Extensions themselves (status, versions, crashes, performance) that is different from Activity Data.
"Cache" - A temporary local storage used by the Extensions to accumulate Activity Data when the Server is unavailable and to forward it once connectivity is restored.

1. Scope and Order of Precedence​

1.1. SaaS. These terms do not govern access to PanDev cloud services or set any rules for their use. Access to the SaaS is regulated by the Cloud Terms. This document describes only the use of the Extensions as a channel for transferring data from an IDE to the Services. Licensing of the Extensions themselves is governed by the Extensions EULA.

1.2. On-prem. Rights of use and limitations for software deployed by the Customer are defined in the Self-Managed EULA. These terms apply to on-prem only where they explicitly state "applies to on-prem," and when the on-prem instance uses PanDev cloud sub-services such as license updates, the extension catalog, or telemetry when it is enabled.

1.3. Order of precedence. If documents conflict, the order of precedence is: first, the agreement with the Customer; second, the Self-Managed EULA for on-prem or the Cloud Terms for SaaS; third, this ToS; fourth, published PanDev policies that are expressly incorporated by reference; fifth, the Extensions EULA.

2. Access and Accounts​

2.1. Access to the SaaS is governed by the Cloud Terms. This ToS describes only the use of the Extensions as a data transfer channel and does not set rules for cloud access.

2.2. In on-prem deployments the Customer administers accounts and access. When an on-prem instance uses PanDev cloud sub-services, those sub-services are subject to these terms.

3. Extension Operation and Offline Cache​

3.1. The Extensions collect and transmit Activity Data to the Server, which may be the cloud Platform or the Customer's on-prem instance.

3.2. If the Server is temporarily unavailable, the Extensions store events in a local cache and automatically transmit them once the connection is restored.

3.3. Source code contents and secrets are not transmitted or stored in the cache by default.

3.4. Some features require the Extensions to be installed and functioning correctly. PanDev is not responsible for blocks or environment changes introduced by the Customer.

3.5. For on-prem, PanDev does not receive Activity Data unless the parties agree on limited access for support purposes under a separate data access agreement.

4. Customer Obligations​

4.1. Comply with applicable law, including labor and personal data law, and inform employees and obtain consents where required.

4.2. Ensure the legality of Customer Content and refrain from submitting unlawful materials.

4.3. Comply with this ToS, the Extensions EULA, the Self-Managed EULA for on-prem, agreements with third parties, and PanDev policies when expressly incorporated by reference.

5. Acceptable Use​

Illegal activity, circumvention of technical restrictions, interference with the Platform, scanning and load testing without consent, distribution of malicious code, using the Extensions or data to create or train competing solutions without PanDev's written consent, sharing credentials, violations of intellectual property rights, and breaches of export-control or sanctions regimes are prohibited. PanDev may publish a detailed policy later, which will supplement this section without reducing the Customer's rights.

6. Data and Security​

6.1. SaaS. Processing of personal data in the cloud is governed by the Cloud Terms and PanDev's Privacy Policy. Upon request the parties may enter into a separate data processing agreement (DPA). This ToS does not establish rules for processing within the SaaS and covers only the use of the Extensions as a data transfer channel.

6.2. On-prem. Data is processed within the Customer's infrastructure. The Customer acts as controller and operator or processor. PanDev is not a processor and does not receive access to data unless otherwise agreed in writing.

6.3. On-prem support. At the Customer's request PanDev may receive limited remote access to the on-prem environment or to exported materials such as logs and crash dumps strictly in the minimum volume necessary. Such access is governed by a separate data access agreement.

6.4. Security incidents. For SaaS PanDev notifies the Customer about confirmed incidents affecting its data and acts in accordance with internal procedures and applicable law. For on-prem, incidents in the Customer's environment are the Customer's responsibility.

7. Availability, Support, and Updates​

7.1. SaaS. Availability metrics and support are governed by the Cloud Terms. This ToS does not set cloud availability metrics.

7.2. Integration via Extensions. PanDev maintains integration sub-services such as authentication and telemetry intake on a commercially reasonable basis and may update interfaces and client versions.

7.3. On-prem. Support and updates for server software are governed by support and maintenance terms, if purchased.

7.4. Extension updates. PanDev may release functional and security updates. Some updates require specific Extension versions. Critical security updates may be mandatory.

7.5. Suspension of SaaS integration. PanDev may restrict cloud sub-services related to data transfer via the Extensions if these terms are violated or if there is a threat to the Platform's security. Full cloud access terms are governed by the Cloud Terms.

7.6. Data export and deletion. These terms govern only data transferred via the Extensions. Export and deletion within the SaaS are described in the Cloud Terms. For on-prem the Customer provides export and deletion.

8. Intellectual Property and Feedback​

8.1. All rights to the Services, server software, and Extensions belong to PanDev and its licensors.

8.2. Customer Content remains the Customer's property. The Customer grants PanDev a limited license to use that content to the extent necessary to operate the cloud or cloud sub-services.

8.3. PanDev may use feedback free of charge, for any duration, and without any obligation of attribution or compensation.

9. Warranties and Disclaimers​

9.1. The Extensions and related integration sub-services are provided "AS IS" and "AS AVAILABLE." PanDev does not guarantee the complete absence of errors or full alignment with expectations.

9.2. For on-prem, warranty provisions and limitations are specified in the Self-Managed EULA.

9.3. PanDev is not responsible for limitations caused by the Customer's security settings, environment, or third-party blocks.

10. Limitation of Liability​

10.1. To the maximum extent permitted by law, PanDev is not liable for indirect, special, or punitive damages, lost profits, loss of data, or reputational harm.

10.2. PanDev's aggregate liability under this document is limited to the greater of ten US dollars or the amount paid by the Customer for Extension licenses during the three calendar months preceding the event. Liability for providing the SaaS and for on-prem server software is defined in the Cloud Terms and the Self-Managed EULA.

10.3. Nothing limits liability for willful misconduct, harm to life or health, or other cases where limitation is prohibited by law.

11. Export Control and Sanctions​

The parties comply with applicable sanctions regimes and export-control regulations. The Customer confirms it is not a sanctioned entity and undertakes not to use the Services and Software in violation of such restrictions.

12. Governing Law and Disputes​

The law of the Republic of Kazakhstan applies. Disputes are resolved by the competent courts of Almaty. The parties may agree to mediation or arbitration. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

13. Term, Changes, and Termination​

13.1. These terms apply from the effective date above until termination.

13.2. PanDev may update this document. Changes become effective after publication and notification via the Services or by email. Continued use constitutes acceptance of the new version.

13.3. Notices are sent to the contacts listed in the agreement or the account and are deemed received when sent.

13.4. Stopping use of the Extensions. PanDev may restrict or terminate the use of the Extensions if these terms, legal requirements, or security measures are violated. The Customer may stop using the Extensions at any time by removing them from the Editor. Stopping the use of the Extensions does not affect the validity of SaaS or on-prem agreements and does not release the parties from obligations that survive termination, such as confidentiality and limitation of liability.

14. Miscellaneous​

The invalidity of a provision does not invalidate the entire document. Failure to exercise a right does not constitute a waiver. The document is concluded electronically. The parties act as independent contractors.

Appendix A. Data Categories (for Extensions)​

  • Timestamps of events in the Editor.\
  • Types of actions in the Editor: navigation, editing, build, run, window focus.\
  • Project and file identifiers without content.\
  • Versions of the Editor, operating system, and installed extensions.\
  • Technical device and session identifiers.\
  • Diagnostic telemetry about the Extensions: versions, crashes, performance. In on-prem mode diagnostic telemetry is not used.

Contacts​

Rights Holder: PanDev Ltd
Office: 050057, Republic of Kazakhstan, Almaty, Gagarin Ave. 124
Support: support@pandev.io