Legal

Circle Internet Services, Inc.’s (“CircleCI”, “we”, “us”) automated external job runner software (“Runner”) is a hybrid platform that is downloaded, installed, and used on servers in your environment, but interacts with CircleCI’s Service to complete Job Runs.

If you download, install, or use CircleCI Runner, these product-specific terms (the “Runner Terms”) shall govern such download, installation or use, which supplement any online or negotiated SaaS or Software License Agreement that you may enter into with us. “You” means your employer or the entity you represent and its Affiliates and Users, in accepting the terms of these Runner Terms or, if that does not apply, you individually. Each of you and us is a “Party” and collectively, are the “Parties”. Capitalized terms not defined herein shall have the meaning set forth in the applicable Order.

1. Minimum Age. Any User must be eighteen (18) years old or older to use the Services, including Runner.
2. Authority. These Runner Terms do not have to be signed to be binding. Your right to download, install and use Runner, is expressly conditioned on your acceptance of these Runner Terms.
   1. If you are accepting these Runner Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Runner Terms; (ii) you have read, understand and agree to these Runner Terms on behalf of the party that you represent and (iii) you will bind your employer or that entity to these Runner Terms when you download, install or use Runner.

      If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I Agree/I Accept/Sign Up” (or similar button or checkbox) that is presented to you. If you do not have such authority, or if you do not agree with these Runner Terms, you may not use Runner.

   2. If you are accepting these Runner terms as an individual, your download, installation or use of Runner will bind you to these Runner Terms.
3. Effective Date. These Runner Terms are effective as of the earliest of (i) the date you download, install, use or first click "I Agree/I Accept/Sign Up" (or similar button or checkbox), or (ii) the effective date set forth in an Order (the "Effective Date") that includes Runner. For Evaluation Services, you also indicate your acceptance of these Runner Terms by your accessing or using the applicable Evaluation Services.
4. Fees. Fees associated with using Runner are available at https://circleci.com/pricing/.
5. License Grant, Ownership, Feedback. During the Term of the Order, CircleCI grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to download, install on your servers to use Runner solely in accordance with these Runner Terms and the Agreement. CircleCI reserves its entire right, title, and interest in and to Runner, and you do not acquire any ownership interest in, or any other Intellectual Property Rights to Runner. You agree that all Feedback about Runner will be governed by the Agreement.
6. Updates. CircleCI may from time to time in its sole discretion develop and release updates to Runner, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Runner Updates"). CircleCI shall provide you with notice of new Runner Updates, and you agree to download and install such Runner Updates promptly and acknowledge and agree that Runner or portions thereof may not properly operate until you comply. You further agree that all Runner Updates are deemed part of Runner upon release and are subject to these Runner Terms and the Agreement.
7. Limitations. You acknowledge and agree that (a) Runner may be inaccessible or inoperable due to periodic maintenance or repairs that CircleCI undertakes from time to time or due to Force Majeure Events, CircleCI has no control over the availability of Runner on a continuous or uninterrupted basis, and CircleCI assumes no liability to you or any other party with regard thereto; (b) Runner may not work on all software or hardware platforms available now or in the future, and CircleCI is not obligated to provide support for every software or hardware environment; (c) because you control the configuration and maintenance of your servers, CircleCI shall have no liability to you for any damage caused to such servers resulting from your use of Runner, and (d) because you control when you install Runner Updates, CircleCI is not liable for inoperability due your delay in installing Runner Updates.
8. Limited Warranty and Warranty Disclaimer. CircleCI represents and warrants that it has the requisite right and legal authority to grant the license provided to the Runner. You represent and warrant: (i) you own or license rights to any servers on which Runner is installed in order to complete Job Runs, and you are solely responsible for the configuration, security, and maintenance of such servers; (ii) you will comply with all applicable laws, including but not limited to export laws, with respect to its access and use of Runner; (iii) you are responsible for payment of any usage fees associated with use of Runner; and (iv) you shall not, directly or indirectly, resell, distribute or otherwise make available Runner to any third party or, except to the extent limited by applicable laws, reverse engineer, disassemble or decompile Runner or access or use Runner or associated documentation in order to copy ideas, features, functions or graphics; develop competing products or services; or perform competitive analyses. RUNNER IS PROVIDED ‘AS IS’ AND CIRCLECI MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO RUNNER AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Other Terms. Any capitalized terms used but not defined herein have the meaning ascribed to them in the Agreement. For clarity, these Runner Terms terminate upon expiration or earlier termination of your subscription to CircleCI’s Service in accordance with an Order or the Agreement. The Parties’ confidentiality and indemnification obligations under the Agreement extend to these Runner Terms, and each Party’s (and each of its Affiliate’s) liability taken together in the aggregate, arising out of, or related to these Runner Terms, whether in contract, tort, or under any other theory of liability, is subject to the limitation of liability provisions of the Agreement. If there is a conflict or inconsistency between these Runner Terms and the Agreement, these Runner Terms shall control and govern the Parties’ rights and obligations regarding your use of Runner.