Blixt

Terms of Service

These terms govern your use of the BlixtFS software supplied by Blixt Pty Ltd (“Blixt”, “we”, “us”). By downloading, installing or using the software you agree to them. If you are agreeing on behalf of an organisation, you confirm you may bind that organisation.

1. What you may do

We grant you a non-exclusive, non-transferable right to install and run the software for your own purposes, or your organisation’s, for as long as these terms are in force.

  • The Standard edition is free of charge, and the right to run it does not expire.
  • The Enterprise and High Performance editions are licensed per active server, per month. Your licence file records what you have bought, and the software enables those features and that number of servers.

You may make copies for backup and for deploying the servers you are licensed to run.

2. What you may not do

  • Reverse engineer, decompile or disassemble the software, except where law permits it despite this clause.
  • Redistribute, resell, sublicense or host the software as a service for third parties, without our written agreement.
  • Work around the licence enforcement, or run more active servers than your licence covers.
  • Remove or alter any copyright, licence or attribution notice.

3. Your data stays yours

BlixtFS is a performance layer, not a data store. It runs on your machines, in your accounts, and reads and writes objects in buckets you own and control. We do not host, receive or have access to your data, and the software sends us no telemetry.

You remain responsible for your data: for backups, for the credentials and permissions you give the software, for the settings you run it with, and for the fees your cloud provider charges you. Object storage is the source of truth for your files, and we recommend you keep your provider’s versioning or soft delete turned on.

4. Support

Support depends on your edition:

  • Standard: community support, through the public issue tracker and community channels. No committed response time.
  • Enterprise and High Performance: email support during business hours, Sydney (AEST/AEDT). We aim to respond within one business day for a complete outage with no workaround, and two business days for degraded performance or a partial outage.

These are response times, not fix times. We do not commit to a time by which a problem will be resolved. For a complete outage we may ask you for a reproducible test case before we investigate, and support covers the software itself rather than the infrastructure it runs on, such as your cloud accounts, credentials, networks or clients.

5. Fees

Paid editions are charged at the rates quoted to you when you order, per active server, per month. Fees exclude taxes unless stated otherwise. We may change our prices for future terms, and we will tell you before a change applies to you.

6. Warranty

For paid editions, we warrant that for 30 days after you first install a release, it will perform materially as the documentation for that release describes. If it does not, tell us, and we will either correct the problem or refund the fees you paid for the affected server for the period affected. That is your exclusive remedy under this warranty.

Apart from that warranty, and except as section 8 says, the software is provided “as is”. The Standard edition is provided as is in all cases. We do not warrant that the software will be uninterrupted or error free, or that it will meet a requirement you have not agreed with us in writing.

7. Limitation of liability

Neither party is liable for indirect or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings.

We are not liable for loss of or damage to data, including data in your object storage. Because the software writes to storage you control, you are responsible for keeping backups and for the recovery features your provider offers.

Our total liability arising out of or in connection with these terms, however it arises, is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the liability, or AU$10.

8. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where we are permitted to limit our liability for breach of such a guarantee, our liability is limited, at our option, to supplying the software again or paying the cost of having it supplied again.

9. Term and termination

These terms apply for as long as you use the software. You may stop using it at any time. We may terminate your paid licence if you breach these terms and do not fix the breach within 30 days of us telling you about it.

When a paid licence ends or expires, the software keeps serving your data: licensed features switch off and it continues to run as the Standard edition. Your files stay in your bucket, in the same format, reachable with or without our software.

10. Changes to these terms

We may update these terms. If we make a material change, we will note it on this page, and the version in force for a paid term is the one you accepted when that term began.

11. Governing law

These terms are governed by the laws of New South Wales, Australia, and both parties submit to the non-exclusive jurisdiction of its courts.

12. Contact

Questions about these terms: contact us or email support@blixtsoftware.com.