Spacerockx

Terms and Conditions

Last modified 11.11.23

1. Agreement to Terms and Conditions

Welcome to Spacerockx!

By ordering any Spacerockx Service you agree to abide by these Terms and Conditions, collectively referred to as the "Terms and Conditions." These terms outline the relationship between SRX, LDA and you, our valued user.

Spacerockx includes services provided by SRX, LDA.

In these Terms and Conditions, we use the terms "we," "us," "our," and "Spacerockx" to refer to the specific SRX, LDA entity responsible for providing the services to you. The term "you" refers to the individual user of the Spacerockx services (if using them as a sole trader) or the entity that employs the user (if using the services on behalf of a business), including any affiliated parties.

The term ‚HS-Account-Admin‘

refers to a HubSpot user, whether an individual or legal entity, who has either purchased a CMS-product from a HS-CMS-Developer and possesses all associated rights and permissions, or is an individual vested with the requisite rights.

The term ‚HS-CMS-Developer‘

refers to an individual or legal entity responsible for creating CMS software products, such as themes, templates, or modules. This HS-CMS-Developer either sells these products or provides them free of charge to HS-Account-Admins. The respective HS-CMS-Developer possesses the technical expertise and permissions associated with these tasks.

Outside of Europe, Spacerockx services are exclusively for B2B (business-to-business) use.

By accepting these Terms and Conditions, you acknowledge and agree to be bound by their terms. Your cooperation is appreciated in ensuring a positive and productive experience for all Spacerockx users.

Any services, subscriptions or products offered by Spacerockx are referred to in these Terms and Conditions as the "Services." Any new features or tools added to the Services will also be subject to these Terms and Conditions.

You must read, agree with, and accept all of the Terms and Conditions contained or referenced in these Terms and Conditions and the Spacerockx Privacy Policy before you may sign up for a Spacerockx account or use any Spacerockx Services.

2. Introduction to Spacerockx

2.1 Spacerockx

is an innovative service provider offering a wide range of services to help you streamline your business operations.

2.2 Target Audience

Spacerockx is designed to support HS-CMS-Developers and HS-Account-Admins, providing them with services they need to automate and optimize their workflows.

2.3 Availability guarantees

Please be aware that Spacerockx makes no guarantees or warranties regarding the availability of any services offered through us.

2.4 Disclaimer of Permanent Right to Services

Please note that the availability of the services may be subject to change and is not guaranteed to remain constant. Spacerockx makes no representations or warranties regarding the permanent right to the use of the products and services provided by us and third parties.

3. HubSpot Child Theme Update Service

The HubSpot Child Theme update service contains two services that build on each other.
First, the Analysis Service needs to be executed and then the Child Theme Update Service can be executed.
We reserve the right to always notify both partners - HS CMS Developer and HS Account Admin - of the respective results and any outcomes that may result.

3.1 Analysis Service

HubSpot Child Theme Update Service always refers to a specific product and version of the HS-CMS-Developer and a specific Child Theme of the HS-Account Admin.
We analyze all files of the Hubspot File Manager of a CMS product from a specific HS account, as well as the common base version and the HS-CMS-Developer version.

We do not analyze only a part, but always the whole code, unless otherwise agreed.
We find out ourselves which was the common base version installed by the HS-Account-Admin.
We identify and analyze all the differences between the common base version (the old parent theme), the latest version of the parent theme, and the child theme version.
Based on the determined data (see basic data) - number of differences, severity and number of conflicts, as well as the number of lines of code - we prepare a cost estimate for the Child Theme Update.

3.2 Child Theme Update Service

The Child Theme Update Service (3-Way Merge & conflict resolution service) always refers to the previously executed Analysis Service.
If the code has been changed in the meantime, the Analysis Service has to be executed again and therefore has to be ordered and paid for again.

We merge the two sets of changes based on the differences identified.
The code is not merged randomly, the procedure is always the same and therefore can be reproduced - same input, same output.
Only the code parts that have been changed by the HS-Account-Admin and the HS-CMS-Developer are merged.
In case of conflicts we intervene and solve them manually (see below).

3.3 Requirements for the services

Our services can only be executed if the following accesses and information have been guaranteed and provided by the HS-CMS Developer of the CMS products:
- Access to the source code of the product to be updated.
- Creation and provision of an access token to the GitHub repository.
- A list of the update version (branches, tags or individual commits) that have been provided as versions to the HS Account Admin.
- An invitation is required from the HS-Account-Admin which gives access to File Manager and Pages.

- To perform the child theme update, we require an already updated parent theme.

3.4 Basic data

We sum up the number of processed lines of code.

In HTML, CSS and JS files, a line of code is defined by a line break.

For JSON files, we use the standard formatting according to JSON.stringify (jsonData, null, 0). This method generates one line for each attribute, 1-2 additional lines for each object and array element (this can vary).

Hubspot adds additional (invisible to end HS-Account-Admins) fields in JSON files. Hubspot can add new fields at any time. These fields are included in the total sum.

3.5 Conflicts in Code

In case the HS Account Admin and the HS CMS Developer made a different change, i.e. there are two variants of a change to a position in a file, a conflict is being created.
For an error-free conversion, all conflicts need be analyzed and resolved by a developer (SRX or external). Depending on the case, this may necessarily lead to more communication with the HS CMS Developer or HS Account Admin.
The number and degree of conflicts will be included in the analysis result and effort estimation.

3.6 Conflicts in JSON Files

JSON structures are processed syntactically. We do not process lines of code as position, but paths of the JSON structure. Thus, changes in sequences, addition and deletion of elements and attributes do, in contrast to sequential processing, not cause conflicts. Positions of changes and conflicts are rendered as paths.

3.7 Automatic resolution of conflicts

We use methods which can resolve conflicts automatically. For non-critical conflicts, the change of the HS account admin is prioritized. This can be turned-off if required.
Examples:
- The HS account admin deleted code that was modified by HS CMS developer.
Result = code remains deleted.
- The HS-Account-Admin renamed a field label that the HS-CMS-Developer renamed as well.
Result = The change of the HS-Account-Admin is prioritized.

3.8 Categorization of Conflicts

Conflicts that cannot be resolved automatically are categorized into different levels. The categorization is based on the estimated effort required on our part to resolve the conflict. In this assessment, we consider the number of conflicting lines of code, necessary corrections, and communication effort.

Examples:

Level 1: The HS-Account-Admin and the HS-CMS-Developer both added distinct segments to the same line of code. Both modifications remain compatible and continue to make sense. Specific example: Within an HTML element, the HS-Account-Admin and the HS-CMS-Developer both added new classes.

Level 4: The HS-Account-Admin resolved an issue that is entirely fixed in the newer version of the product. The HS-CMS-Developer's solution should be used.

Level 6: The HS-Account-Admin and the HS-CMS-Developer both resolved an issue using different techniques. Not only do multiple lines conflict, the functionality of both solutions needs to be compared as well.

…

Level 665: The versions from the HS-Account-Admin and the HS-CMS-Developer both diverged so significantly that a reimplementation based on the HS-CMS-Developer version is necessary. Examples: The HS-CMS-Developer switched to a different programming language or conducted a very extensive refactoring.

….

These are only examples, we can change and adapt these examples and the levels at any time.

3.9 From Analysis to Live Deployment

1. After receiving all information and accesses, the Analysis Service can be initiated.

2. The commencement of the Analysis Service can vary depending on the volume of business.

3. Services can only be executed as long as the respective tokens are valid. If a token expires, a new one must be submitted.

4. The results of the Analysis Service and the cost estimate for the Child Theme Update (3-Way Merge & conflict resolution service) will be sent by email.

5. In the period between the Analysis Service and the Child Theme Update no changes to the code are allowed. (See: Child Theme Update Service)

6. After placing the order for the Child Theme Update (3-Way Merge & conflict resolution service), it's necessary that you run the (marketplace) parent theme update first.
Without running the update of the parent theme first, there would be missing references and we would not be able to upload the merged and updated child theme.

After you have completed the update to your parent theme, your website is experiencing the issues as described in the results of the analysis service. Now we'll start our work to fix everything.

This is the procedure that we have to follow according to how Hubspot works.

7. The Child Theme Update (3-Way Merge & conflict resolution service) will be executed.

8. Our service does not include fixing bugs. If we find bugs during or after the merge, such as those that were present in the old code, we can fix them. Unfortunately, these bugs are not foreseeable and fixing them is not part of our child theme update service. However if desired, we can fix them on an support hourly basis.

9. Upon completion of the Child Theme Update (3-Way Merge & conflict resolution service), the results will be visible on your website. It is important that you check the website thoroughly and ensure that it is of the desired quality.
We assume no liability for any discrepancies or issues arising post-deployment.

10. To streamline the review process, especially when dealing with hundreds of thousands of lines of code, we enclose a list of all altered files to our delivery. This ensures that our customers have a precise idea on what to publish and validate.

12. Acceptance upon Payment: With the complete and timely payment of the agreed compensation, the customer declares that they have carefully reviewed our services provided and is satisfied with these services. Payment of the compensation is considered explicit consent to acceptance and acknowledgment that all agreed-upon services have been provided in accordance with the specified specifications and the applicable contract terms, irrespective of whether it is a prepayment or a subsequent payment. We explicitly urge our customers in our emails to thoroughly review our services.

3.10 Code changes

We do not make our own changes to the existing code.
Unless otherwise agreed, our HubSpot Child theme update service is limited exclusively to merging code and resolving conflicts.

3.11 Checksums

We store checksums and the associated source (repository, tag/branch/commit, filenames) of files.

3.12 Code Storage

We store backup copies of the child themes' code both before and after the Child Theme Update Service, ensuring enhanced security and enabling effective quality management (QM). All source code for the Analysis Service and Child Theme Update Service comes from either our database or GitHub. This approach not only safeguards the integrity of the code but also facilitates a rigorous quality assurance process.

3.13 Code recovery

We do not offer a guarantee for code restoration. The ability to recover code is beyond our capabilities, and the checksums we create do not enable us to restore the original source code.

3.14 Automatic Detection of HS-Account-Admin-Installed Version

We may store all your versions with Spacerockx in a single, centralized location. Our Detection Tool is expertly designed to identify and select the version most likely installed on the HS-Account-Admin's end.

4. Online registration

4.1 Formular

By entering your data and accepting these Terms and Conditions, you grant us the rights to:

- Collect and process the provided data for the purposes outlined in our Privacy Policy.

- Use your information to facilitate and deliver the requested services or products.

- Share your data with relevant third parties, if necessary, to fulfill our obligations to you or to provide the requested services.

- Store your data in accordance with our data retention policies, as described in our Privacy Policy.

- Contact you for service-related communications, updates, and marketing purposes in accordance with your communication preferences.

- Exercise any legal rights or remedies available to us in case of violations of these Terms and Conditions or applicable laws.

- Please review our Privacy Policy for a comprehensive understanding of how your data will be handled and protected.

4.2 Duration

If you wish to either change your data, please send us an e-mail of your request to: info@spacerockx.com.

4.3 Third-party Service Providers

Some or all elements of our Services may be provided through third-party service providers.

4.4 Agreement

By registering for our services, you enter into a binding agreement with us. You are responsible for ensuring that your data is accurately provided and must comply with our Terms and Conditions.

If you are registering on behalf of your employer, you must use your employer-issued email address to sign up. You guarantee that you have the authority to bind your employer to our Terms and Conditions.

To use the Services offered by Spacerockx, you need to provide any information required. Spacerockx reserves the right to deny or cancel your Account for any reason.

To make a registration, you must be at least 18 years old or have reached the age of majority in your jurisdiction.

4.5 Communication with us

Spacerockx will communicate with you primarily through the email address you provide at the time of the registration. It is your responsibility to regularly check this email and ensure it is capable of sending and receiving messages.

4.6 Support

Our aim is to provide you with the best possible support and assistance, and to make sure that your experience with us is as smooth and easy as possible.

Spacerockx will not be liable for any loss, damage, or expenses arising from the provision of support services.

To ensure that our clients receive the best possible support, Spacerockx reserves the right to charge for support work on an hourly basis. The rates for support work are set out in our price list, which is available on our Website. Look at Payment Terms-Support and our price list.

4.7 Copyright

You are not allowed to reproduce, duplicate, sell, or exploit any part of the Services without prior written permission from Spacerockx (SRX, LDA). Additionally, you cannot bypass any technical limitations of the Services, process orders outside Spacerockx's checkout, or reverse engineer the Services.

Accessing the Services or any materials through the use of automated means, such as robots or scrapers, is prohibited. Your Materials, including trademarks, copyright content, products or services offered through the Services, and any other data provided to Spacerockx, may be transferred unencrypted and may undergo changes to conform to technical requirements.

4.8 Additional Features

You may order additional features of the Service by placing an additional order if the option is made available by us.

4.9 Suspension or Termination

Spacerockx retains the right to suspend or terminate your access to the services or delete your registration if any of the following events occur:

Spacerockx reasonably believes that your actions are causing harm or liability to a user, third party, or Spacerockx. Such actions may include hacking, phishing, harassing, spamming, misleading others, or scraping content that does not belong to you.

You are always free to stop using our services at any time. If you are an EEA-based consumer, you may also withdraw from these terms within 14 days of accepting them.

Handling Requests for Your Data:

Spacerockx respects the privacy and security of your data and takes a responsible approach to responding to data disclosure requests.

When we receive data disclosure requests, our team reviews them to ensure that they comply with legal requirements and Spacerockx data disclosure policies.

For more information, please refer to our Privacy Policy.

5. Spacerockx right’s

5.1 General

The Services offered by Spacerockx have varying features and capabilities, and not all of them may be accessible to every account or in every location. Spacerockx reserves the right to modify the Services or any part of it without notice and for any reason, except where prohibited by law.

Spacerockx does not screen the materials posted on the Services and reserves the right to remove any materials that violate the Terms and Conditions. Abusive behavior, whether verbal or written, including threats against Spacerockx employees, members, or officers, will result in immediate termination of the Account.

Spacerockx is not obligated to provide exclusive Services to any user and may offer its Services to competitors. Spacerockx employees and contractors may also be Spacerockx HS-Account-Admins and, or user and, or HS-CMS-Developer may they compete with you. Although they may not use your Confidential Information in doing so.

In case of disputes, Spacerockx may request documentation, such as a business license, government-issued ID, credit card details, or proof of employment, to determine the rightful owner. Spacerockx has the right to decide the rightful owner of the Account and transfer it accordingly. If the rightful owner cannot be determined, Spacerockx may temporarily suspend everything until the issue is resolved between the disputing parties.

5.2 Right to review after termination of our cooperation

Spacerockx reserves the right to review your websites and any other means by which our services and products, including but not limited to our code and/or code from third parties, may have been used following the termination of our collaboration with you and to take legal action in the event of non-compliance and/or continued use of our services.

If there is a violation of these conditions, then the minimum charge of 10.000,00 Euros will become immediately due and payable. In addition, we reserve the right to pursue all legal remedies available to us. We appreciate your cooperation and adherence to these conditions.

5.3 Right to Review

Spacerockx reserves the right to review your websites and any other means by which our products, including but not limited to our services, for lewd, pornographic, and otherwise illegal content and to take legal action if appropriate.

5.4 Spacerockx Marketing

We reserve the right to reference your company name or logo in our promotional and marketing materials, including but not limited to our website, emails, and other marketing campaigns. By agreeing to these Terms and Conditions, you grant us permission to use your company name and logo for these purposes.

5.5 Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time, without prior notice. Continued use of our services after any changes have been made constitutes acceptance of the new Terms and Conditions.

6. Your Obligations as HS-Account-Admin and HS-CMS-Developer

6.1 Data Deletion Upon Termination

In the event of the termination or the expiration of a free trial agreement, or any other termination of an agreement between you, Spacerockx, and any third party who provided services and products through Spacerockx (SRX, LDA) to you, including but not limited to termination or breach of contract, you are required to delete all data generated or provided by us or through us, including but not limited to code.

6.2 Responsibility for Compliance

You agree to and are solely responsible for ensuring that the agreements made between you and Spacerockx are honored.

7. Payment

7.1 Billing and Payment

If our service has a base fee, it is due in advance.

If a cost estimate is provided for you, payment is due after the execution of our service.

Deviation from the amount specified in the cost estimate, ranging from -15% to +15%, is permissible.

Spacerockx will provide you with an invoice without value-added tax (VAT) since our services are intended solely for B2B (business to business) purposes. An exception may apply if you are a private individual within the EU, in which case Portuguese VAT will be applicable.

Costs are always based on the service you have ordered. Please refer to our pricing table for our prices. LINK: [Insert Link]

7.2 Payment Terms Support

Support services may be invoiced additionally, or invoiced with a separate invoice. The payment term for invoices is 10 days.

7.3 Payment of Fees

As a user of Spacerockx's services, you are responsible for paying all applicable fees.

7.4 Payment Method

To ensure timely payment of all incurred and recurring Fees, you must maintain a valid payment method on file with Spacerockx.

7.5 Charging of Fees

Spacerockx will charge the Fees to your authorized payment method (the "Authorized Payment Method"). Spacerockx will continue to charge the Authorized Payment Method for Fees until the services are terminated and all outstanding Fees have been paid in. Unless specified otherwise, all Fees and charges are in Euro, and all payments must be made in Euro.

7.6 Payment of Fees - credit card

If you choose to pay for Spacerockx Services through credit card, you grant Spacerockx the authorization to charge the designated payment method for all fees. Additionally, you grant permission to Spacerockx to engage the services of a third-party payment processor and consent to the sharing of your payment information with such third-party.

7.7 Payment of Fees by Invoice

In the event that you choose to pay for your Spacerockx Services through invoice, Spacerockx will issue an invoice of the services. All invoiced amounts must be paid within 10 days from the date of the invoice, unless otherwise stated in the Order Form.

7.8 Disputes and Errors

You have 10 days from the billing date to raise and resolve any issues related to fee billing.

7.9 Failed Payment Processing

In the event that Spacerockx is unable to process payment of Fees using an Authorized Payment Method, subsequent attempts may be made using any Authorized Payment Method on file.

7.10 Tax obligations

You are responsible for all applicable taxes arising from or resulting from your purchase of Spacerockx services and those arising from the resale of such Spacerockx services.

7.11 Calculation of Taxes

If Spacerockx charges taxes, they shall be calculated based on the tax rates applicable in Portugal. Such taxes will be billed in addition to the fees for the products and services and will be charged to your authorized payment method.

7.12 Tax Exemptions

If you are exempt from paying taxes in the EU, you must provide Spacerockx with evidence of your exemption, which in some jurisdictions requires an original certificate that meets the legal requirements for tax-exempt status. The tax exemption will only become effective from the date Spacerockx receives satisfactory evidence of your exemption.

7.13 Self-Remitting Taxes

If you are not charged taxes by Spacerockx, it is your responsibility to determine if taxes are payable and to self-remit such taxes to the relevant tax authorities in your jurisdiction.

7.14 Deductions and Withholdings

All sums payable by you to Spacerockx under these Terms and Conditions shall be paid without any deductions or withhold amounts.

7.15 Responsibility for Taxes

You are solely responsible for determining, collecting, withholding, reporting, and remitting all taxes, duties, fees, surcharges, and additional charges that result from any sale on your business or your use of the services.

7.16 No Refunds

Spacerockx (SRX, LDA) does not provide refunds.

8. General

8.1 Liability

Spacerockx shall not be liable for any damages or losses that may arise from the use of our services. HS-CMS-Developers and HS-Account-Admins are solely responsible for their own use of the services and for any consequences that may result from that use.

8.2 Warranties

Spacerockx makes no warranties or representations of any kind, express or implied, as to the operation of our services or the information, content, materials, or products included on them. We shall not be liable for any damages of any kind arising from the use of our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

8.3 Jurisdiction and Governing Law

In the event of any disputes, the jurisdiction shall be in Portugal and European and Portuguese law will apply. These Terms and Conditions shall be governed and construed in accordance with the laws of the country in which Spacerockx (SRX,LDA) is based. Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of that country.

8.4 Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral, between the parties with respect to the subject matter of this agreement.

8.5 Sensitive Data

Sensitive Information, you acknowledge that the Services have not been designed to process or manage sensitive information.

Use of Services

Accordingly, you agree not to use the Services to collect, manage, or process sensitive information.

Disclaimer of Liability

Spacerockx will not have and specifically disclaims any liability that may result from your use of the Services to collect, process, or manage sensitive information.

Access and Use Agreement for Spacerockx's Services:

Retention of Intellectual Property Rights and Prohibited Activities.

This agreement pertains to accessing and using Spacerockx's Services, but it does not grant a license to any software. Spacerockx retains all intellectual property rights to the Services, Consulting Services, Spacerockx Content, and any other products or Services provided under this agreement. You are prohibited from copying, renting, leasing, selling, distributing, or creating derivative works based on any part or whole of the Spacerockx Content, Services, or Consulting Services, unless expressly authorized in writing by Spacerockx.

By using Spacerockx, HS-Account-Admins and HS-CMS-Developer agree to be bound by these Terms and Conditions.

9. Third parties

9.1 HubSpot

All data transmitted through the HubSpot Source Code API is subject to the HubSpot Terms of Service.

LEGAL / DOCUMENTATION

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