Terms of Service

This translation is provided for convenience only. In the event of any discrepancies or conflicts, the original Italian version shall prevail.

IMPORTANT: READ CAREFULLY BEFORE PURCHASING AND/OR USING Pavex.

THIS LICENCE IS A BINDING CONTRACT BETWEEN LUCA PALMIERI (“LICENSOR”) AND THE PERSON PURCHASING ONE OR MORE SEATS (“CUSTOMER”) AND/OR THE PERSON USING Pavex (“USER"). BY PURCHASING ONE OR MORE SEATS AND/OR USING Pavex, THE CUSTOMER AND/OR USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE CLIENT ALSO GUARANTEES THAT THE USERS OF THE PURCHASED SEATS ACT IN ACCORDANCE WITH WHAT IS STIPULATED IN THIS AGREEMENT.

1. What is Pavex

1.1 Pavex is a framework to build APIs with Rust, whose code has been released under the Apache 2.0 Open Source License. As an Open Source software, Pavex’s code can be freely copied, modified, distributed and run by anyone.

1.2 Pavex is also a trademark over which the LICENSOR has an exclusive right to distinguish the software versions they have released and certified.

1.3 When using the term Pavex in this license, we are referring to software, in the versions released and certified by the LICENSOR, and provided by the LICENSOR to the CUSTOMER in the form of a service (as-a-Service).

1.4 Unlike its code, the use of Pavex is not free but subject to the conditions of this license.

2. Activities covered by the licence

2.1 By activating this license, the LICENSOR grants to the CUSTOMER the right to use Pavex, worldwide, for the duration of the license and for the purchased number of USERS (hereinafter also called “SEATS”).

2.2 The license allows the CUSTOMER and USERS to obtain and use Pavex-branded builds, verified and certified by the LICENSOR, as well as all updates released by the latter and the following additional services:

Patches
Bug fixes
Updates
Upgrades

3. Source code

3.1 The source code of Pavex, including its updates, is released under the Apache 2.0 Open Source License, the terms of which can be found at this link.

3.2 This means that the source code can be freely copied, modified and used to make derivative software, as well as distributed in its original or modified form.

4. Prohibition of assignment and sublicensing

4.1 The rights granted under this license shall not be resold, sublicensed or transferred to a third party.

5. Limited number of SEATS

5.1 The license is granted to be used by a limited number of USERS (“SEATS”).

5.2 The CUSTOMER receives a number of licenses corresponding to the number of SEATS they purchased and can assign each of them to a different USER. Each USER is identified with a personal account and can make use of the services covered by this license, after agreeing to abide by its conditions.

5.3 The CUSTOMER can transfer a SEAT from one USER to another. To this end, the CLIENT may ask the LICENSOR to revoke an already assigned SEAT and obtain a new one without additional payment.

5.4 Only professional CUSTOMERS can purchase multiple SEATS. The CUSTOMER who purchases the license in their personal capacity can only use one SEAT.

6. Duration and automatic renewal

6.1 The duration of this license corresponds to the duration chosen by the CUSTOMER at the time of purchase. For the plans that do not require payment, the license term is set at 30 days, unless explicitly agreed otherwise.

6.2 Unless terminated, the license will automatically renew upon its expiration for the same duration and under the same conditions.

6.3 The CUSTOMER may cancel the license at any time before the automatic renewal date. In this case, they may continue to use Pavex and enjoy the licensed services until the natural expiration of the contract.

7. Fees and payments

The handling of payments, refunds and taxes is carried out by Lemon Squeezy LLC, which acts as a reseller of the LICENSOR (merchant of record). By purchasing one or more SEATS, the CUSTOMER enters into a contract with Lemon Squeezy LLC and is required to consult, accept, and abide by its terms and conditions.

7.2 In the event of default and/or inefficiency related to the processing of payments, returns, and tax charges, the CUSTOMER shall contact Lemon Squeezy LLC directly and shall have no claim against the LICENSOR.

7.3 Fees are paid in advance when purchasing the license and its subsequent renewals.

8. Late payments: licence suspension and termination

8.1 The LICENSOR may suspend SEATS without further notice if the renewal payment is more than 5 days late. During this suspension, the CUSTOMER will not be able to use Pavex and will not be able to obtain the additional services covered by this license.

8.2 If the license renewal fee is not paid within 20 days, the contract will be rightfully terminated.

9. Warranty, maintenance and updates

9.1 The activation of the license, for its duration and for each purchased SEAT, entitles the CUSTOMER to obtain:

Patches: small updates or fixes released to address specific issues or vulnerabilities in the software.
Bug fixes: corrections of errors or defects causing the software to malfunction or behave incorrectly.
Updates: more extensive changes to the software to improve its functionality, performance, or security. Updates may include new features or user interface improvements.
Upgrades: later or more advanced versions of software that represent significant set of changes beyond simple bug fixes or minor updates.

9.2 While the CUSTOMER can demand new patches and bug fixes, the release of updates and upgrades remains at the sole discretion of the LICENSOR. However, if the LICENSOR releases updates and upgrades, the CUSTOMER is entitled to them.

9.3 Complimentary support and technical assistance is not provided as part of this license.

10. Service provided “as is”

10.1 The CUSTOMER declares to have viewed and evaluated Pavex, to have found it to meet their needs, and to accept it as is.

10.2 The lack of functions and features that have not been expressly promised in writing by the LICENSOR does not constitute breach of contract.

11. Software Status (Beta)

11.1 The CUSTOMER acknowledges that Pavex is currently in beta phase, a preliminary version of the software still subject to testing and development.

11.2 As beta software, the following may occur:

a) Bugs, errors, or interruptions that affect operation or security.
b) The software may not be fully compliant with European regulations, including the Cyber Resilience Act, until it is officially released.
c) Promised or announced features may change or be removed.

11.3 The CUSTOMER agrees to use Pavex in its current form, assuming the risks associated with using a beta version, particularly when used in production environments or critical applications.

12. Limitation of liability

12.1 In no event will the LICENSOR be liable for any damages, direct or indirect, arising out of the use or inability to use Pavex, or any errors in its contents.

12.2 In no event shall the LICENSOR be liable to the CUSTOMER, the USER or any third party for any loss of data, lost profits, business opportunities, business interruption or any other type of financial loss.

12.3 In the event of proven liability, the LICENSOR agrees to provide the CUSTOMER compensation not exceeding the sum paid by the CUSTOMER in the last quarter for this license.

12.4 This limitation of liability does not apply in cases of wilful misconduct or gross negligence.

13. Contract assignability by the LICENSOR

13.1 The CUSTOMER authorizes the LICENSOR to transfer this contract.

13.2 The assignment must be communicated to the e-mail address provided by the CUSTOMER at the time of purchase and becomes effective upon receipt of the communication.

13.3 In the event of an assignment, the CUSTOMER retains unaltered rights to this license against the assignee, and releases the LICENSOR from all obligations.

14. Unilateral changes

14.1 The LICENSOR may change the terms of this contract, including the fees, at any time. Changes do not affect the execution of the license but become effective only upon the next renewal, unless terminated by the CUSTOMER prior to renewal.

14.2 In order for the changes to become effective, the LICENSOR must notify the CUSTOMER at least 30 days before the expiration date, using the e-mail address provided by the CUSTOMER during registration and reminding them of the possibility of cancelling the contract before the expiration date to prevent its automatic renewal. The CUSTOMER who does not wish to accept the changes may give notice of termination in accordance with Article 6.3 before the automatic renewal. The contract will automatically renew under the new conditions unless prior notice is provided.

15. Applicable law

15. This contract and any obligations arising out of it shall be governed by Italian law.

16. Jurisdiction and exclusive venue

16.1 Disputes arising out of this contract are subject to the exclusive jurisdiction of the Italian courts.

16.2 The Court of Rome shall have exclusive jurisdiction over any dispute concerning this contract.

16.3 This clause does not apply for disputes between the LICENSOR and a consumer, when contrary to mandatory rules that cannot be waived.