Access to, and use of, any part of the online Application and website of stacktile GmbH (hereinafter the Application), any document, material or other information, including text, images, sound and software (hereinafter Information) made available on the Application and any of the services provided via the Application (hereinafter Services) are governed by these terms and conditions of use (hereinafter Terms and Conditions) and constitute acceptance of these Terms and Conditions by the user.
These Terms and Conditions may be superseded by other terms and conditions applicable to individual services or parts of the Application, irrespective of whether or not these Terms and Conditions expressly refer to such other terms and conditions.
stacktile GmbH reserves the right to amend these Terms and Conditions at any time by posting amended Terms and Conditions on the Application. Such amendments take effect on the date on which they are posted. Users are entitled to object to them within two weeks of posting. Continued use of the Application or its services constitutes acceptance of the changes concerned. If a user explicitly objects to any new terms and conditions, stacktile GmbH is entitled to revoke his access rights.
If any provision of these Terms and Conditions is for any reason held to be invalid, illegal or otherwise unenforceable, such unenforceability does not affect any other provision; the Terms and Conditions are then to be construed as if they had never contained the provision(s) in question and are to be interpreted, in so far as possible, in such a way as to maintain their original intent.
The general purpose of the Application is to educate users about cloud computing technologies and, in particular, to grant access to technologies developed by partners in accordance with applicable legal provisions; it will also offer additional services, such as facilities for interactive communication with computers systems operated by stacktile GmbH and/or partners of stacktile GmbH.
Subject to any legal provision governing access to documents held by stacktile GmbH in electronic form, stacktile GmbH reserves the right to modify, limit or discontinue - in full or in part and without prior notice - the Services and Information available on the Application at any time, to restrict access to the Application and to deny, without notice and at its sole discretion, any users access to the Application or any part thereof.
Users of the Application must comply with all applicable laws and regulations. They must refrain from violating or attempting to violate stacktile GmbHs network security, and, in particular, from uploading or attaching virus-containing or corrupted files or any software or programs that might damage the operation of another users computer or networks. Users must furthermore refrain from restricting, or attempting to restrict in any way access to or use of the Application or any Services by other users (for example by generating, whether manually or in an automated fashion, unusually high numbers of service accesses).
Some of the Services available on this Website may require prior registration. Users must provide correct and complete information when registering, and update it if necessary. They must not misuse any access authorisation granted to them (for example by transferring data to unauthorised third persons). By registering, users agree to being contacted by stacktile GmbH by e–mail.
Registered users are responsible for maintaining the confidentiality of their account and password to prevent unauthorised access to that account. Users must take all necessary steps to keep their password secure and must inform stacktile GmbH without delay at firstname.lastname@example.org if it is being or could be used without authorisation.
In the event of any violation of the above user obligations, stacktile GmbH is entitled to revoke the users access rights without prior notice.
Upgrading a free account to a paid plan will result in immediate monthly billing. The usage during the first month will be pro-rated according to when the plan is initiated. stacktile GmbH will send invoices via email. Payments must be completed within 30 days of the invoice date. All fees are excluding any applicable taxes.
Registers users may cancel, upgrade, or downgrade their account at any time by clicking "Change Subscription Plan" in the user dashboard. Cancellations, upgrades, or downgrades of the account will be activated in the next billing cycle. In case of cancellations, no further costs will occur. All the content created by the registered user will be deleted permanently upon cancellation and cannot be recovered.
Subject to legal provisions exempting official publications from copyright, all Information and Software published on the Application is protected by copyright and owned by the contributing user. The contributing user gives stacktile GmbH the right to display the content to others users as defined by the privacy setting of the respective content. stacktile GmbH reserves all rights to the extent possible under copyright law.
Content contributed by users is not screened or approved by stacktile GmbH.
stacktile GmbHs official logo and registered trademarks remain protected and may not be used or reproduced without stacktile GmbHs prior written consent, which may be requested at email@example.com; photographs and other graphical or image material may not be reproduced, published or reprinted without stacktile GmbHs prior written consent, unless the photographs and material are expressly made available for download.
stacktile GmbH aims at minimising technical errors and malfunctions. However, some data, functionality, or other parts of the Information and Website may have been created or structured in files or formats that are not error-free. stacktile GmbH cannot guarantee that the underlying files and the formats used are error-free and will not cause the users systems to malfunction.
stacktile GmbH cannot guarantee that the Application and the Services will always be available. Whilst stacktile GmbH is committed to ensuring that the availability of the Application will be essentially uninterrupted and that transmissions will be error-free, this cannot be guaranteed. Access to the Application and its Services may also occasionally be suspended, restricted or impeded to permit repairs, maintenance or the introduction of new services or facilities.
stacktile GmbH accepts no responsibility with regard to such problems (including, but not limited to, failure of performance, computer virus, communication line failure, alteration of content, etc.) encountered as a result of using the Application or any linked external sites.
For some Services and parts of the Application, stacktile GmbH offers data security by means of secure socket layer (SSL) technology. A number of Services may be accessed by authorised users by way of a self-defined username and password.
However, stacktile GmbH cannot guarantee that data transmitted is absolutely secure at all times from attack by third parties, nor can it guarantee the absolute security of the data transmission process.
In no event shall stacktile GmbH be liable for any damages due to use of this online Application, to the maximum extent permitted by law. This includes without limitation, lost profits, business interruption, or lost information. In no event will stacktile GmbH be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages. stacktile GmbH shall have no liability with respect to the content of this online Application or any part thereof, including but not limited to errors or omissions contained therein, libel, trademark rights, business interruption, loss of privacy or the disclosure of confidential information.
Any software made available for download on the Application is supplied as is without further warranties of any kind, either express or implied, including, but not limited to, the quality, performance, merchantability or fitness for a particular use or purpose. Without prejudice to the Section above, stacktile GmbH shall not be liable for any damages, including but not limited to direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use or the inability to use such software, even if stacktile GmbH is advised of the possibility of such damages. Specifically, stacktile GmbH is not responsible for any loss of profits or revenue, loss of the use of the computer program, loss of data, the cost of recovering programs or data, the substitute program and any claims by third parties caused by the use of such software.
stacktile GmbH shall not be liable and accepts no representation or responsibility for the functionality or contents of external websites, services or software products hyperlinked from the Application. The use of such websites, services or software products is at the sole risk of the user.
These provisions are not intended to limit stacktile GmbHs liability in breach of any national law applicable or to exclude its liability for matters which cannot be excluded under such law.
When the Application is accessed, certain information about users, such as internet protocol (IP) addresses, navigation through the site, software used and time spent, may be stored by stacktile GmbH or on its behalf. This information may be used for website traffic analysis only, and not to identify users. No attempt will be made to monitor systematically individual users of IP addresses, or the actions that they perform.
Personal data may not be recorded or saved without the users express consent. By completing any data collection form on the Application, the user expressly agrees to the storage and processing of the data entered. All data provided by the user (such as, names, addresses, credit card details, account information, etc.) will be treated as confidential, stored and processed only for the purpose for which it was collected, and made available only to the unit responsible for dealing with it. In particular, personal data will not be passed on to third parties or published or made available for general access without the users express agreement or unless necessary to comply with a request by or for the conclusion or fulfilment of a contract with that user, or unless stacktile GmbH is obliged to make such data available to public authorities.
Sept 8 2015, stacktile GmbH