Terms of Use

These Terms of Use (the “Terms”) are a binding legal agreement between you, and, where applicable, the organization you represent (“you”), and Divetek Inc., the developer and rights holder of IntelliJ SFCC (“Divetek”, “we”, “us”, or “our”). They govern your access to and use of the Products defined below, together with our Privacy Policy, Refund Policy, and Cookie Policy, which are incorporated by reference.

By downloading, installing, activating, accessing, or otherwise using the Products, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of a company or other organization, you represent that you have the authority to bind that entity, and “you” refers to that entity. If you do not agree, you must not download, install, or use the Products.

You must be at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into a contract, in order to use the Products.

“Products”

means, collectively, the Intellij SFCC plugin and IDE extensions, the Intellij SFCC website, the customer dashboard, our APIs, documentation, and all related software, content, updates, and services we make available.

“Plugin”

means the Intellij SFCC extension or plugin for supported IDEs and code editors, including all components, updates, and accompanying files.

“Services”

means the hosted features delivered through the website, dashboard, and APIs, including license management, account, and billing functions.

“Subscription”

means a paid plan that grants a License for a defined number of Seats and Authorized Users for a defined term.

“License”

means the limited right to use the Products granted to you under these Terms while your Subscription is active and in good standing.

“License Key”

means any key, token, activation code, or credential we issue to enable or verify your License.

“Authorized User”

means a single named individual permitted to use the Products under your Subscription.

“Seat”

means one unit of usage entitlement under your Subscription, corresponding to one Authorized User and the device installations permitted by your plan.

“Account”

means the account you register to access the dashboard and manage your Subscription.

Subject to your continuous compliance with these Terms and the payment of all applicable fees, Divetek grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Plugin and Services for your internal software development purposes, strictly within the number of Seats and Authorized Users included in your active Subscription.

Intellij SFCC is a commercial product that is licensed to you, not sold. All rights not expressly granted to you in these Terms are reserved by Divetek and its licensors.

You agree that you will not, and will not permit or assist any other person to:

• copy, reproduce, install, or distribute the Products except as expressly permitted by your Subscription;
• share, publish, resell, sublicense, rent, lease, lend, or transfer your License, License Key, or Account credentials, or use a single License across more Authorized Users or devices than your plan allows;
• circumvent, disable, crack, bypass, remove, or interfere with any license check, activation, authentication, metering, or other technological protection measure in the Products;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, structure, or algorithms of the Products, except, and only to the precise extent, that this restriction is prohibited by applicable mandatory law (for example, the limited interoperability rights under Directive 2009/24/EC for users in the European Union, or sections 50A to 50BA of the Copyright, Designs and Patents Act 1988 for users in the United Kingdom);
• modify, adapt, translate, or create derivative works of the Products, or remove, obscure, or alter any copyright, trademark, or other proprietary notice;
• host, redistribute, or offer the Products as a service to third parties, or use the Products or any non-public information about them to build, train, or improve a competing product or service;
• access or attempt to access any account, server, system, or network associated with the Products without authorization, or probe, scan, or test the vulnerability of our systems;
• introduce malware, scrape, or use bots or other automated means to extract data, or place an unreasonable or disproportionately large load on our infrastructure;
• use the Products in violation of any applicable law, regulation, export control, sanctions regime, or third-party right, including the platform terms of Salesforce Commerce Cloud.

The Products are licensed, not sold. Divetek Inc. and its licensors retain all right, title, and interest in and to the Products, including all copyright, trade secret, trademark, patent, and other intellectual property rights in the software, source code, designs, content, and documentation. The Products are protected by United States copyright law and by international treaties, including the Berne Convention and the WIPO Copyright Treaty, in every country in which they are made available.

Our source code, internal designs, and non-public technical information are confidential trade secrets that derive independent economic value from not being generally known. Unauthorized acquisition, use, or disclosure of this material is strictly prohibited and is addressed in the Confidentiality and Enforcement sections below.

“Intellij SFCC”, the Intellij SFCC logo, and related marks are trademarks of Divetek. IntelliJ, Salesforce, Commerce Cloud, and other names are the marks of their respective owners; our use of them is for identification only and does not imply any affiliation, sponsorship, or endorsement.

If you choose to send us suggestions, ideas, or other feedback about the Products, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without any obligation or compensation to you.

The seller and billing process depend on the channel through which you purchase the Product. We store transaction references and Subscription status so that Licenses can be provisioned, renewed, and verified.

• VS Code purchases made through our website are sold and billed by Paddle, which acts as our merchant of record and authorized reseller. You also agree to Paddle's buyer terms.
• JetBrains IDE purchases made through JetBrains Marketplace are sold, billed, licensed, and refunded by JetBrains under JetBrains' applicable purchase terms.
• Subscriptions renew automatically for successive terms unless cancelled before the renewal date, and you authorize the applicable seller to collect recurring charges until you cancel.
• Fees are stated exclusive of taxes unless noted; applicable taxes are calculated and collected by the seller. We may change pricing for future terms, with notice provided before the change takes effect.
• Access to a paid License depends on successful payment and a Subscription in good standing. Non-payment, chargebacks, or reversed payments may result in suspension or termination of your License.

Cancellation and refund requests are separate. Canceling prevents future renewal charges; refund eligibility, request windows, and processing are described in our Refund Policy. Paddle makes refund decisions and processes approved refunds for website purchases, while JetBrains handles refund requests for JetBrains Marketplace purchases.

To protect our rights and our paying customers, we may use technical measures to verify the validity and activation status of Licenses, confirm Seat and Authorized User counts, and detect sharing, tampering, circumvention, or piracy. The Plugin and Services may transmit limited license, device, and usage signals for these purposes, as described in our Privacy Policy.

We reserve the right to deactivate, suspend, or disable any License that is invalid, shared beyond its entitlement, cracked, counterfeit, or otherwise used in violation of these Terms, and, where we reasonably suspect a violation, to audit usage on reasonable notice. These measures are in addition to every other remedy available to us.

We protect our intellectual property seriously and actively. Unauthorized use of the Products is unlawful and may give rise to both civil liability and criminal prosecution. Without limiting any other right or remedy available to us at law, in equity, or under these Terms, you acknowledge and agree to the following.

For users and conduct outside the United States, we will enforce our rights under applicable local law and the international treaties referenced above, and may pursue civil and criminal remedies in any jurisdiction in which a violation occurs or in which you reside or do business. Penalties under your local law may differ in form but can be equally severe.

All of our rights and remedies are cumulative and in addition to, not in place of, any other remedy. Our failure to enforce any provision is not a waiver of our right to enforce it later.

These Terms apply for as long as you use the Products or hold a Subscription. We may suspend or terminate your License or Account immediately, with or without notice, if you breach these Terms, if we reasonably suspect a violation, for non-payment, or for legal, security, or fraud-prevention reasons. You may stop using the Products at any time and cancel your Subscription in accordance with the billing terms.

On termination or expiry, your License ends immediately and you must cease all use of the Products and uninstall and destroy all copies and License Keys in your possession or control. The provisions that by their nature should survive, including those on ownership, restrictions, enforcement, disclaimers, limitation of liability, indemnification, confidentiality, and governing law, will survive termination.

The Products are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties or conditions of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Divetek disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Products will be uninterrupted, secure, error-free, or that defects will be corrected. You use the Products at your own risk.

To the maximum extent permitted by applicable law, Divetek and its officers, employees, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Products or these Terms, even if advised of the possibility of such damages. Our total aggregate liability for all claims relating to the Products will not exceed the greater of the amount you paid to us for the Products in the 12 months before the event giving rise to the claim, or US $100. Some jurisdictions do not allow certain of these limitations, so they apply to you only to the extent permitted by law.

You agree to defend, indemnify, and hold harmless Divetek Inc. and its officers, employees, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the Products, your violation of these Terms, or your violation of any law or the rights of any third party.

The Products, their source code, License Keys, and any non-public information you obtain about them are our confidential information and trade secrets. You will not access, use, or disclose them except as expressly permitted by these Terms, and you will use at least reasonable measures to protect them. This obligation is in addition to, and does not limit, the intellectual property and enforcement provisions above, and it survives termination.

You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive sanctions, and that you are not on any restricted-party or denied- party list. You agree to comply with all applicable export control and sanctions laws, including those of the United States, in your use of the Products, and not to export, re-export, or use the Products in violation of those laws.

We may modify, suspend, or discontinue any part of the Products at any time, and we may update these Terms as the product, our business, and the law evolve. When we make material changes, we will revise the “Updated” date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Products after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Products.

These Terms, and any dispute arising out of or relating to them or the Products, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules, together with applicable United States federal law, including the Copyright Act and the Digital Millennium Copyright Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You agree that the state and federal courts located in the State of Delaware have exclusive jurisdiction over any dispute that is not otherwise resolved, and you consent to the personal jurisdiction of those courts. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property in any court of competent jurisdiction, and we may enforce our rights wherever a violation occurs.

If you are a consumer resident in the European Union or the United Kingdom, nothing in this section deprives you of the protection afforded by the mandatory provisions of the law of your country of residence, and certain mandatory rights, such as the limited interoperability rights referenced in the Restrictions section, continue to apply notwithstanding any contrary provision in these Terms.

• Entire agreement. These Terms, together with the Privacy Policy, Refund Policy, Cookie Policy, and any order or plan details, are the entire agreement between you and Divetek regarding the Products and supersede any prior agreements on the subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be applied to the maximum extent permitted.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or your License without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• Notices. We may provide notices through the Products, the website, or by email. Notices to us should be sent to [email protected].

The Products are operated by Divetek Inc., the developer of Intellij SFCC. If you have any questions about these Terms, your Subscription, or licensing, contact us at [email protected].