Your Agreement with Abstract Computing UG (haftungsbeschränkt) for Deta Services
Last Edited on 2020-05-18
1.1 These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with “Deta Services” operated by Abstract Computing UG (haftungsbeschränkt) ("us", "we", or "our") and its subsidiaries and Affiliates (as defined below) involved in providing the Deta Services.
1.2 Please read these Terms and Conditions carefully before using the Service.
1.3 The "Deta Services" means the Deta cloud computing platform, the Deta API and any other software or services offered by Abstract Computing UG (haftungsbeschränkt) in connection to any of those. "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.4 By accessing or using the Deta Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Deta Services.
2.1 Some parts of the Service are billed on a subscription basis Subscription(s). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
2.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Abstract Computing UG (haftungsbeschränkt) cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Abstract Computing UG (haftungsbeschränkt) customer support team.
2.3 A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Abstract Computing UG (haftungsbeschränkt) with accurate and complete billing information including full name, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Abstract Computing UG (haftungsbeschränkt) to charge all Subscription fees incurred through your account to any such payment instruments.
2.4 Should automatic billing fail to occur for any reason, Abstract Computing UG (haftungsbeschränkt) will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
3.1 Abstract Computing UG (haftungsbeschränkt), in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
3.2 Abstract Computing UG (haftungsbeschränkt) will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
3.3 Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
4.1 Certain refund requests for Subscriptions may be considered by Abstract Computing UG (haftungsbeschränkt) on a case-by-case basis and granted in sole discretion of Abstract Computing UG (haftungsbeschränkt).
5.1 You must provide accurate and complete registration information any time you register to use the Deta Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Abstract Computing UG (haftungsbeschränkt) immediately.
5.2 Your use of the Deta Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
5.3 You agree not to (a) access (or attempt to access) the administrative interface of the Deta Services by any means other than through the interface that is provided by Abstract Computing UG (haftungsbeschränkt) in connection with the Deta Services, unless you have been specifically allowed to do so in a separate agreement with Abstract Computing UG (haftungsbeschränkt), or (b) engage in any activity that interferes with or disrupts the Deta Services (or the servers and networks which are connected to the Deta Services).
5.4 Your account has "hard" and "soft" usage limits, as further explained in the Acceptable Use Policy (Section 11.3) (or such URL as Abstract Computing UG (haftungsbeschränkt) may provide). The Deta Services do not permit you to exceed the hard usage limits. Abstract Computing UG (haftungsbeschränkt) reserves the right to enforce soft usage limits in its sole discretion, which may result in Abstract Computing UG (haftungsbeschränkt) serving a "quota exceeded" page to you or users to whom you serve web pages via the Deta Services ("End Users"). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
5.5 You may not access the Deta Services for the purpose of bringing an intellectual property infringement claim against Abstract Computing UG (haftungsbeschränkt).
6.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Abstract Computing UG (haftungsbeschränkt).
6.2 Abstract Computing UG (haftungsbeschränkt) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Abstract Computing UG (haftungsbeschränkt) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
6.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
7.1 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
7.2 Upon termination, your right to use the Service will immediately cease.
7.3 You may terminate these Terms at any time by canceling your account on the Deta Services. You will not receive any refunds if you cancel your account.
7.4 You are solely responsible for exporting your Content and Application(s) from the Deta Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
8.1 You acknowledge and agree that Abstract Computing UG (haftungsbeschränkt) (or Abstract Computing UG (haftungsbeschränkt)'s licensors) own all legal right, title and interest in and to the Deta Services, including any intellectual property rights which subsist in the Deta Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
9.1 Abstract Computing UG (haftungsbeschränkt) grants you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Abstract Computing UG (haftungsbeschränkt) as part of the Deta Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Deta Services as provided by Abstract Computing UG (haftungsbeschränkt), in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Deta Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Abstract Computing UG (haftungsbeschränkt), in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Deta Services or any applications running on the Deta Services; or (c) use the Deta Services in any way that may subject the Deta Services to any obligations under any open source software license, including, without limitation any license which imposes any obligation or restriction with respect to Abstract Computing UG (haftungsbeschränkt)’s patent or other intellectual property rights in the Deta Services.
9.3 Open source software licenses for components of the Deta Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Abstract Computing UG (haftungsbeschränkt) for the use of the components of the Deta Services released under an open source license.
10.1.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Deta Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." “User-Generated Content” is Content, written or otherwise, created or uploaded by users of the Deta Services. "Your Content" is Content that you create or own. Content includes the web application(s) that are created using the Deta Services and any source code written to be used with the Deta Services (collectively, "Applications").
10.1.2 Abstract Computing UG (haftungsbeschränkt) reserves the right (but shall have no obligation) to remove any or all Content from the Deta Services. You agree to immediately take down any Content that violates the Acceptable Use Policy (Section 11 of these Terms), including pursuant to a takedown request from Abstract Computing UG (haftungsbeschränkt). In the event that you elect not to comply with a request from Abstract Computing UG (haftungsbeschränkt) to take down certain Content, Abstract Computing UG (haftungsbeschränkt) reserves the right to directly take down such Content or to disable Applications.
10.1.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. Abstract Computing UG (haftungsbeschränkt) reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
10.1.4 You agree that you are solely responsible for (and that Abstract Computing UG (haftungsbeschränkt) has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Deta Services and for the consequences of your actions (including any loss or damage which Abstract Computing UG (haftungsbeschränkt) may suffer) by doing so.
10.1.5 You agree that Abstract Computing UG (haftungsbeschränkt) has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
10.2.1 You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
10.2.2 You retain ownership of and responsibility for Your Content and Applications. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Deta Services Users — certain legal permissions, listed in Sections 10.2.3 —10.2.6. These license grants apply to Your Content. If you upload Content that already comes with a license granting Abstract Computing UG (haftungsbeschränkt) the permissions we need to run the Deta Services, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections 10.2.3 — 10.2.6. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
10.2.3 By submitting, posting or displaying Content on or through the Deta Services you give Abstract Computing UG (haftungsbeschränkt) a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Abstract Computing UG (haftungsbeschränkt) to provide you with the Deta Services. Furthermore, by creating an Application through use of the Deta Services, you give Abstract Computing UG (haftungsbeschränkt) a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Abstract Computing UG (haftungsbeschränkt) to provide you with the Deta Services.
This license does not grant Abstract Computing UG (haftungsbeschränkt) the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
10.2.4 License Grant to other Users
Any User-Generated Content or Application you post publicly or for which you enable collaborative access, including your contributions to other Users' Applications, may be viewed and used by others. By setting your Content or Applications to be viewed, edited, or used publicly or collaboratively, you agree to allow others to view, edit, use, and / or "fork" your Content or Applications (this means that others may make their own copies of Content from your Content in a context they control).
If you set your Content or Applications to be viewed, edited, or used publicly or collaboratively, you grant each User of the Deta Services a nonexclusive, worldwide license to use, display, and perform Your Content through the the Deta Services and to reproduce Your Content solely on the Deta Services as permitted through the Deta Service's functionality (for example, through forking, editing, viewing, using). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other users of the Deta Services.
10.2.5 Contributions under Content Licenses
Whenever you make a contribution to Content or an Application containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supersede.
10.2.6 You retain all moral rights to Your Content or Applications that you upload, publish, or submit to any part of the Deta Services, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section 10.2.3 and Section 10.2.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Abstract Computing UG (haftungsbeschränkt) the rights we need to use Your Content or Applications without attribution and to make reasonable adaptations of Your Content or Applications as necessary to render the Website and provide the Deta Services.
10.3.1 Control of Private Applications
Some Accounts may have private Applications, which allow the User to control access to Content.
10.3.2 Confidentiality of Private Applications
Abstract Computing UG (haftungsbeschränkt) considers the contents of private Applications to be confidential to you. Abstract Computing UG (haftungsbeschränkt) will protect the contents of private Applications from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
Abstract Computing UG (haftungsbeschränkt) personnel may only access the content of your private Applications in the following situations:
10.3.3.1 With your consent and knowledge, for support reasons. If Abstract Computing UG (haftungsbeschränkt) accesses a private Application for support reasons, we will only do so with the owner’s consent and knowledge.
10.3.3.2 When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of Abstract Computing UG (haftungsbeschränkt)'s systems and Service.
You may choose to enable additional access to your private Applications. For example:
10.3.3.3 You may enable various Deta Services or features that require additional rights to Your Content in private Applications. These rights may vary depending on the service or feature, but Abstract Computing UG (haftungsbeschränkt) will continue to treat your private Application Content as confidential. If those services or features require rights in addition to those we need to provide the Deta Service, we will provide an explanation of those rights.
If we have reason to believe the contents of a private Application are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private Applications.
You may choose to or we may invite you to submit comments or ideas about the Deta Services, including without limitation about how to improve the Deta Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Abstract Computing UG (haftungsbeschränkt) under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You agree that Abstract Computing UG (haftungsbeschränkt), in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Deta Services.
Your use of the Service is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Abstract Computing UG (haftungsbeschränkt) in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our Acceptable Use Policy at any time, and pursuant to these terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:
Customer agrees not to, and not to allow third parties (including End Users) to use the Service:
Deta Services has certain soft and hard limits in using its service. Hard limits are automatically enforced by the Service. Soft limits are consumable resources that you agree not to exceed.
For the Free Tier:
For the Premium Tier:
In no event shall Abstract Computing UG (haftungsbeschränkt), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Abstract Computing UG (haftungsbeschränkt) its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at email@example.com.