Terms and Conditions
Infinite Scale Beta Instances

General Terms and Conditions (GTC) for Infinite Scale Beta Instances

  1. Scope
    1. These GTC are valid for all transactions and services offered and promoted by ownCloud GmbH as ownCloud OCIS Beta Instances. Hereafter also called service.
    2. This service is available for businesses, organisations and consumers. Such businesses, organisations or private persons agreed to these general terms and conditions and is thereafter called client or contracting party.
  2. Scope
    1. ownCloud GmbH is offering time-limited access to the OCIS Beta Instances free of charge, with no guarantees on availability, privacy or function of the services provided.
    2. ownCloud GmbH allows the client and its designated users to use ownCloud OCIS Beta Instances.
    3. The client is free to use up to 10 users and can generate those through the administrator account. The administrator account counts as one user. The client can additionally generate as many guest users as ordered users.
    4. ownCloud enables usage through web browser (supportet versions see system requirements) and through clients for desktop, iOS and Android provided by ownCloud. ownCloud is not responsible for the usage of clients from any other vendor.
    5. ownCloud preserves the right to limit bandwidth or transfer volume for uploads and downloads. A fair use behavior by the client and any users is assumed and expected.
  3. Duties of ownCloud
    1. ownCloud provides the service for a maximum time period of 14 days. ownCloud assures connectivity and ability to transfer data into the internet (sending) and to the user (receiver). OwnCloud is not responsible for the connectivity to specific networks, sub-networks or sites.
    2. ownCloud is not responsible for the functionality of any user side client or connectivity, or for any communication or connectivity system provided by any third party. Such systems can‘t be influenced by ownCloud.
  4. Duties of client and its users
    1. In order to prevent misuse of the system by anybody, the client and its users are required to keep the provided access data secret and store it securely to prevent usage by any third party.
    2. The client and its users must not use the service for any criminal or otherwise illegal activities, including sharing of copyrighted materials.
    3. The client and its users must not use the provided service for commercial or productive use. Usages that have a commercial background, but have an evaluation or experimentation with the product “ownCloud Infinite Scale” as goal are exemptions from the previous limitations of commercial use.
    4. The client accepts, that he can not assume that the data he (or his users) uploaded or data that the client (or his users) generated through usage are to be held in confidentiality, due to the experimental nature of this offering.
    5. The client accepts, that ownCloud employees can at any point and without prior notice access the provided service and the data stored there.
    6. When a third party makes a claim or demand against the client and/or ownCloud regarding infringement, especially any criminal activies or intellectual property rights, as part of the usage of the service ownCloud has the right to immediately suspend the service, or any parts of the service, for the client and/or its users. This right ends when a court has established the legality in a final ruling or when such third party has irrevocably forfeit such claim.
    7. In the case of a suspension as per 4.3 above ownCloud has the right to immediately terminate this contract and delete access to the provided systems without further notice.
    8. The contracting party is fully liable for any damages that may arise through improper use, or liabilities that arise from any of the aforementioned and excluded usage scenarios.
  5. Data Protection
    1. The Client agrees that ownCloud, as far as possible by law, captures, collects and uses personal identifyable data which is needed to provide the service.
    2. The Client agrees that he will not use or upload data that contains personally identifiable data (according to GDPR) or data that is in any other way protected by german or european law.
  6. Payments
    1. The service is free of charge and is provided without any guarantees about the availability or function of the services provided.
  7. Term and Termination
    1. The service is provided for a duration of 14days and is deleted automatically at the end of this term. No backups are being performed, if the client wishes to save data that he uploaded before deletion, then he needs to make sure that this data is being downloaded and backupped before the automatic deletion
    2. OwnCloud retains the right to delete the service at any point of the contract duration without prior notice and without needing to provide a reason
    3. OwnCloud retains the right to stop providing this service altogether without any prior notice.
  8.  Miscellaneous
    1. Governing Law. This Order Form will be interpreted and construed in accordance with the laws of Germany without regard to conflict of laws principles. The United Nations Convention on the Sale of Goods will not be applicable to this Order Form or any of the transactions contemplated by the Order From.
    2. Independent Contractors; Third Party Beneficiaries. The relationship of the parties under this Order Form is that of independent contractors. Neither party will be deemed to be an employee, agent, partner, franchisor, franchisee nor legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other. The parties hereto expressly agree that there are no third party beneficiaries of this Order Form
    3. Notices. Any notice, other than a Change Order, required or permitted under the terms of this Order Form or required by law must be in writing and must be delivered (a) in person, (b) by nationally recognized overnight carrier (c) by first class registered mail, posted and fully prepaid to the appropriate address set forth in the preamble to this Order Form, or (d) via facsimile.
    4. Severability; Waiver. If any provision of this Order Form is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the parties agree that such invalidity will not affect the validity of the remaining provisions of the Order Form. The delay or failure of either party to exercise any rights under this Order Form will not constitute or be deemed a waiver or forfeiture of such rights. No waiver will be valid unless in writing and signed by an authorized representative of the party against whom such waiver is sought to be enforced.
    5. Disclaimer of Damages. In no event will either party be liable to the other party for damages other than direct damages, including, without limitation: any incidental, consequential, special, indirect, exemplary or punitive damages, whether arising in tort, contract, or otherwise or any damages arising out of or in connection with any malfunctions, regulatory non-compliance, delays, loss of data, lost profits, lost savings, interruption of service, loss of business or anticipatory profits, even if that party has been advised of the possibility of such damages. Liability for these damages will be limited and excluded even if any exclusive remedy provided for in this agreement fails of its essential purpose.
    6. Limitation of Liability. For all events and circumstances, each party’s aggregate and cumulative liability arising out of or relating to this order form, including, without limitation, on account of performance or non-performance of obligations, regardless of the form of the cause of action, whether in contract, tort (including, without limitation, negligence), statute or otherwise will be limited to direct damages and will not exceed the amounts received by owncloud from client during the twelve (12) (yearly subscription) / one (1) (monthly subscription) months immediately preceding the first event giving rise to liability, with respect to the particular items (whether software, services or otherwise) giving rise to liability.
  9. Data loss: Under no circumstances will ownCloud be liable for any loss of data by the client or its users. Data backup is in the full responsibility of the client.