webapp.io Terms of Service
Terms of Service for webapp.io
Please read these terms of service carefully before using this website.
The following Terms of Service govern and apply to your use of reliance upon this website and its products and/or services maintained by Layer DevOps Inc. (“webapp.io”)
Your access or use of webapp.io indicates that you have read, understand and agree to be bound by these Terms of Service and any other applicable laws, statutes and/or regulations. We may change these Terms of Service at any time without notice, effective upon its posting to webapp.io’s website. Your continued use of webapp.io will be considered your acceptance to the revised Terms of Service.
Subject Matter
The subject matter of these Terms of Service (hereinafter “Terms of Service”) is the use of webapp.io Software. The Terms of Service regulate all relations between webapp.io and webapp.io’s customer (hereinafter“Customer”) regarding the use of webapp.io Software and are part of the Agreement as defined below. Standard business conditions and/or general Terms of Service of the Customer do not apply, regardless of whether or not webapp.io has expressly objected to them in a particular case.
Github Hosting
webapp.io communicates with the GitHub hosting service (hereinafter “GitHub”), which is offered by GitHub Inc. on the Customer’s behalf. Condition to the proper use of webapp.io Software is a valid contract with GitHub Inc. on the use of GitHub, which may lead to costs on the Customer’s sole responsibility. The Customer will provide webapp.io with their GitHub account information (hereinafter “GitHub Sign-In”) when signing in through GitHub via webapp.io (hereinafter the “Website”) automatically. The Customer allows webapp.io to access the Customer’s GitHub account. webapp.io will directly communicate in the name of the Customer with GitHub and the Customer authorizes webapp.io to act on his behalf towards GitHub Inc. The Customer is solely liable for any costs or damages that GitHub Inc. associates with the GitHub Sign-In.
Acceptable Use
You agree not to use webapp.io’s software and Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use webapp.io’s software and Website in any way that could damage the company’s products, services or the company in general.
You further agree not to use and/or access the Website:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights
To violate any intellectual property rights of us or any third party
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
To penetrate any fraud
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
To publish or distribute any obscene or defamatory material
To publish or distribute any material that incites violence, hate or discrimination towards any group
To unlawfully gather information about others
To connect to non-API websites for which you do not have permission (colloquially "web scraping")
To mine cryptocurrency
To send bursts of malicious unauthorized network traffic ("packet floods")
Nature of Services
webapp.io provides webapp.io Software as a service. This means, that webapp.io Software may be used via the internet only. The webapp.io Software is a hosted continuous integration service that provides the infrastructure for testing software projects subject to downtime and service suspensions as described below. The functional range of the service is dependent on the package the Customer chooses and will be displayed on the Website.
webapp.io offers its services for (i) closed software projects, where the projects cannot be viewed publicly and (ii) open software projects, where the projects including their source codes can be viewed publicly. The webapp.io Software is integrated with GitHub, GitLab, and BitBucket, and offers support for several programming languages. The entire list of supported programming languages is available on our website.
No consultancy, training, troubleshooting or support is within the scope of the services offered by webapp.io under this Agreement if and to the extent they are not part of the agreed warranty webapp.io offers. webapp.io offers unpaid and paid services. If a service by webapp.io is offered free of charge, refer to our section on free services.
Reverse Engineering & Security
You may not undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from webapp.io that originated from the company or its employees.
Violate the security of webapp.io and its Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Rights To Use
The Customer is subject to the full payment of due fees for the services under the Agreement, The Customer is granted a limited, non-exclusive, non-transferable, non-sublicenseable right to use the webapp.io Software as software as a service via the internet according to these Terms of Service. The Customer is not granted any additional right to the webapp.io Software or any other intellectual property belonging to webapp.io. This especially means that the Customer shall not be entitled to make or distribute copies of the webapp.io Software. The Customer shall not translate the program code into other forms of code (decompilation) or employ other methods aimed at revealing any of webapp.io's code in the various stages of its development (reverse engineering).
The Customer is not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the webapp.io Software.To the extent the webapp.io Software includes any open source software, Customer’s right to use with respect to each item of the open source software will be governed exclusively by the applicable open source software license associated with the respective open source software, regardless of any other provisions of these Terms and Conditions. Without limiting the foregoing sentence, Customer recognizes that the only warranties and representations respecting the open source software are those provided in the applicable open source software license and Travis shall bear no responsibility or liability whatsoever related to its supply of or Customer’s use of such software. Identification of and licenses for open source software may be found in the webapp.io Software, or in libraries provided with the webapp.io Software, or in links provided in the software or such libraries, or on the webapp.io Website.
Rights To Use
The compensation of the paid services rendered by webapp.io is calculated per month unless otherwise stated in contract and in an invoice. The current prices are shown in the current price list of webapp.io that is available on the Website. The compensation is due monthly in advance.
Invoices will be issued via email. Payments shall become due immediately upon issuance of the invoice. Payment must be made using the payment methods provided by webapp.io.
All prices in the price list are net-price. Value Added Tax will be added in the invoice if applicable. webapp.io reserves the right to alter the current price list and/or the structuring of prices with at least one month notice to the end of each quarter to paying any paying Customer. webapp.io will inform the Customer via email about the price change. If the Customer does not expressly disagree in writing within a month from the notification of change this is deemed to be his acceptance of the change. The Customer will be informed about this circumstance in the notification of change.
Free Services
For any services offered by webapp.io free of charge (“Free Services”), the following shall apply: the Free Service is provided on an “as is” and “as available” basis with no right to any warranty or notices of any changes made by webapp.io or indemnification hereunder.
Warranty
Warranty is available to paid users only. Defects in the supplied webapp.io Software shall be remediated within a reasonable time following a detailed notification of such defect being given to webapp.io by the Customer.
For the purpose of remedying defects, webapp.io may choose to replace the defective webapp.io Software with a version of the webapp.io Software which is free of defects. In case of defects of updated, upgraded or new versions (the aforementioned hereinafter each a “New Version”), the right of defect with regard to a New Version shall be limited to the new features of New Version of the webapp.io Software compared to the previous version release. Unless webapp.io fails to repair or replace the webapp.io Software, the right of the Customer to terminate the contract due to an inability to use the webapp.io Software shall be excluded.The limitation period for all warranty claims shall be 12 months commencing with the first coming to show of the defect.
Limitation of Liability
webapp.io’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover
damage from injury to life, body or health caused by webapp.io;
damages caused by webapp.io that are are a result of wilful intent or gross negligence;
damage caused by webapp.io as a result of slight negligence in the event of webapp.io’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;
webapp.io’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers webapp.io’s liability.
If the liability of webapp.io is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents. webapp.io will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.
Data protection, References and Confidentiality
webapp.io stores, processes and uses Customer data in accordance with the applicable (data protection) law(s). For further information please refer to webapp.io privacy policy.
webapp.io may identify Customer as a customer (free and paid customers) of webapp.io and display Customer’s name and logo solely for such purpose on its customer lists, its website, and its marketing and promotional materials provided that Customer may request that webapp.io cease such use at any time upon written notice to webapp.io.
Term and Termination
The Agreement runs for an indefinite time and will remain in effect until terminated by one of Parties in accordance with this section.
The Parties may terminate this Agreement for any or no reason at their convenience with a 30 day notice to the end of each month. Termination may be issued in writing or by using the provided account closing mechanism, if provided by webapp.io. In addition, each party’s right to terminate this Agreement for a good cause remains unaffected. A good cause for termination of the Agreement by webapp.io shall include, but is not limited to, the following:
a serious breach of the obligations arising from this Agreement by the Customer;
a default in payment of the Customer with an amount that equals at least the compensation of two month period;
a serious breach of contract leading to the loss of mutual trust or renders the continuation of this Agreement in consideration of the purpose of the Agreement unreasonable;
an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the services;
determination that the Customer’s use of the services poses a security or service risk to webapp.io, or to any user of services offered by webapp.io;
inappropriate use of the webapp.io Software and/or services, including but not limited to Bitcoin-Mining;
a major change in the working of GitHub that makes it unreasonable for webapp.io to adapt the webapp.io Software accordingly;
a major change in the co-operation of GitHub and webapp.io that makes the further offering of webapp.io unreasonable for webapp.io;
an application for the initiation of insolvency proceedings concerning the Customer, as well as the refusal to open insolvency proceedings for lack of assets, or the issue of a declaration in lieu of an oath, or any similar proceedings.
In case of the termination of the Agreement, any rights of use granted to Customer for the webapp.io Software shall expire immediately and Customer shall cease to use the webapp.io Software.
Final Provisions
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.
The Customer may set off only legally, binding and recognized claims. The rights and obligations arising from this Agreement are generally not transferable. However, webapp.io may transfer this Agreement with all rights and obligations to a company of its choice.
