Terms of Service
Effective from 13 Feb 2017
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Cloudron UG, acceptance is expressly limited to these terms.
1. Eligibility & Registration
1.1 Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
1.2 Use of our Services requires a Cloudron.io account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
1.3 Cloudron UG will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your Account secure.
2. Business & Personal use
2.1 Personal use
You may use the product on non-commercial websites by purchasing a personal subscription. A non-commercial website means:
- personal or hobby sites which generate no revenue (whether from advertising, commissions, sales or any other source);
- websites owned and maintained by charitable or not-for-profit organisations;
There are no restrictions on the number of applications that can be installed.
2.2 Business use
You may use the service on commercial websites by purchasing a commercial subscription. A commercial website means:
- any site which is built, owned or maintained by a profit-making person or organization, even if the site does not generate revenue;
- any site which generates revenue, even if it is otherwise non-commercial;
- any government, government-agency or political-party websites.
An Enterprise subscription is required to install more than 5 instances of the same application. There are no other restrictions on the number and type of applications that can be installed.
Cloudron UG aims to respond to support questions by emails to firstname.lastname@example.org. You may submit a maximum of 4 support tickets per day.
With Next day Email Support, Cloudron UG aims to respond to support question within 24 hours per day from Monday to Friday, and between the hours of 9am and 5pm Central European Time.
Cloudron UG provides support on these products on a "best effort" basis and are not covered in the SLA.
3. Cloudron.io Account
You are responsible for maintaining the security of your account and Cloudron, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Cloudron. Cloudron UG will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Cloudron Content
If you operate a Cloudron, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. It's your responsibility to ensure that your website's Content abides by applicable laws and by these Terms. We don't actively review the Cloudron Content.
5. Prohibited Uses
When using Cloudron, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use Cloudron to overburden Cloudron UG's systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
- Reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction.
- Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
6. Access and Ownership
6.1 If you lose access to your Cloudron.io account, you may not be able to update your apps. Your Cloudron and Apps will continue to run on their current version.
6.2 These Terms don't give us any rights in your Cloudron Content, beyond those we need to operate Cloudron. You own your Cloudron Content.
7. Payment and Renewal
7.1 Cloudron UG offers different levels of service. By signing up for a particular level of service, you agree to pay Cloudron UG the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to run Cloudron, your subscription will renew automatically. If we change pricing for a service to which you're subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then- applicable fees to your credit card or other payment method we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your Cloudron plan, which may result in Content loss.
7.2 Optional paid services such as extra storage or domain purchases are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Cloudron UG the monthly or annual subscription fees indicated for that service. Payments will be charged on a post-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.
7.3 Automatic Renewal. Unless you notify Cloudron UG before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then- applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of our website's dashboard.
8. Responsibility of Cloudron Visitors
Cloudron UG has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Cloudron UG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cloudron UG disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
9. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cloudron.io and user's Cloudron links, and that link to Cloudron.io. Cloudron does not have any control over those non-Cloudron websites, and is not responsible for their contents or their use. By linking to a non-Cloudron.io website, Cloudron does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cloudron disclaims any responsibility for any harm resulting from your use of non-Cloudron.io websites and webpages.
10. Copyright Infringement and DMCA Policy
As Cloudron UG asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cloudron.io violates your copyright, you are encouraged to notify us accordance with Cloudron's Digital Millennium Copyright Act (“DMCA”) Policy. Cloudron UG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cloudron UG will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cloudron UG or others. In the case of such termination, Cloudron UG will have no obligation to provide a refund of any amounts previously paid to Cloudron UG.
11. Intellectual Property
This Agreement does not transfer from Cloudron UG to you, any Cloudron UG or any third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cloudron UG. Your use of our Services grants you no right or license to reproduce or otherwise use any Cloudron UG or third-party trademarks.
Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that Cloudron UG may include such Subscriber's name and trademarks in a list of Cloudron UG Subscriber, online or in promotional materials. Each Subscriber also agrees that Cloudron UG may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section by e-mailing a request to email@example.com.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Cloudron UG may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cloudron.io account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15.Disclaimer of Warranties
Our Services are provided "as is". Cloudron UG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cloudron nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
16. Limitation of Liability
In no event will Cloudron UG, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cloudron UG under this agreement during the twelve (12) month period prior to the cause of action. Cloudron UG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty
You agree to indemnify and hold harmless Cloudron UG, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
19. Disputes, Applicable Law, Notices
19.1 This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation) shall be governed by material German law. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
19.2 The parties agree that the courts of the seat of Cloudron UG shall have exclusive jurisdiction to settle any dispute arising out of this Agreement, and so far this is permitted by law.
19.3 Notices made by Cloudron UG to the customer may be posted on the Website and/or send to the email-address specified by the customer when registering or to any updated email-address the customer provides. Notices to Cloudron UG must be directed to firstname.lastname@example.org and/or Cloudron UG, Barbarossastr. 5a, 10781 Berlin, Germany
19.4 The official text of this Agreement and any annexes attached here to and any notices given here shall be in English. However communication between Cloudron UG and the customer may be in English or German.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
21. Final provisions
21.1 This agreement, together with any documents referred to in it, or expressed to be entered into in connection with it, constitutes the whole agreement between the Parties concerning the subject matter of this Agreement.
21.2 The customer may set off only legally, binding and recognized claims. The rights and obligations arising from this Agreement are generally not transferable. However Cloudron UG may transfer this Agreement with all rights and obligations to a company of its choice.
This document is an adaptation of the WordPress Terms of Service. The original work has been modified. Wordpress is not connected with and does not sponsor or endorse Cloudron or its use of the work.