Terms of Service (Cloud)

By using the shiftr.io Cloud ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree with any of these terms, you are prohibited from using or accessing the Service. If you represent an organization, you represent and warrant that you are authorized to agree to this Agreement on behalf of your organization.

sternenbauer GmbH ("Company") reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.

License

The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by the Company as part of the Service as provided to you by the Company. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by the Company, in the manner permitted by the Terms of Service.
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 Service 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 the Company, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
You may not access or use the Service in a way intended to avoid incurring fees or exceeding usage limits or quotas; (d) resell or sublicense the Service or the Software; (f) attempt to disable or circumvent any security mechanisms used by the Service.

Account and Use

You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all activity that occurs in your account, regardless of whether undertaken by you, your employees or a third party (including contractors or agents).
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You will contact us immediately if you believe unauthorized activity has occurred in your account or if your account information is lost or stolen.

Payment and Taxes

You will pay all fees for the Service based on actual usage. Fees are solely based on the measurements of your use of the Service by the Company. You are required to maintain a valid credit card on your account at all times that you use the Service.
Fees will be invoiced monthly in arrears and concurrently charged to your credit card. Fees are due on the invoice date. You are responsible for providing complete, accurate and valid credit card, billing, payment and contact information to the Company and notifying the Company of any changes to such information. You acknowledge and agree that any credit card and related billing, payment and contact information that you provide to the Company may be shared by the Company with companies who work on the Company's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to the Company and servicing your account.
If any amounts invoiced hereunder are not received by the due date (i.e., the charge to your credit card is denied for any reason), then (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and (b) the Company may, without limiting its other rights and remedies, suspend the Service until such amounts are paid in full and a valid credit card is provided to the Company. Any outstanding balance becomes immediately due and payable upon suspension or termination of the Service for any reason.
You are responsible for paying all reasonable expenses and attorneys' fees that the Company incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).
Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder. If the Company has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, the Company is solely responsible for taxes assessable against it based on its income, property and employees.
We may bill you more frequently for fees accrued if we believe there is a risk of non-payment or if we suspect that your account is fraudulent.
All amounts payable for the Service will be made without setoff or deduction, and all amounts paid are non-refundable.

Modifications to the Service and Prices

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
We may increase or add new fees and charges for the Service by updating the applicable site. In the event that we change the pricing for the Service, the fees payable by you will increase or decrease in accordance with any such modification upon the date specified on the applicable site.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

You are solely responsible for properly canceling your Account through the Service. An email or phone request to cancel your Account is not considered cancellation.
Upon termination of this Agreement all your rights under this Agreement immediately terminate; and you remain responsible for all fees and charges you have incurred up to and including the date of termination. We have no obligation to continue to store the content contained in backups or in an instance that you have terminated or after termination of this Agreement.
The Company, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
You are solely responsible for exporting your content from the Service 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.

Copyright and Content Ownership

All content uploaded to the Service must comply with Swiss copyright law.
We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
The look and feel of the Service is copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

Non-GA Services

From time to time the Company may invite you to try, at no charge, products or services by the Company that are not generally available to the customers of the Company ("Non-GA Services"). You may accept or decline any such trial in its sole discretion. Any Non-GA Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a description of similar import. Non-GA Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Non-GA Services are not considered "Services" hereunder and are provided "AS IS" with no express or implied warranty. The Company may discontinue Non-GA Services at any time in its sole discretion and may never make them generally available.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided via email.
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service.
You must not modify another web site so as to falsely imply that it is associated with the Service or the Company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
You agree that the Company may provide you with notices by email, regular mail, or postings on the Service. By providing the Company your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place The Company 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.
The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to info@shiftr.io.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

These Terms of Service are governed by and construed in accordance with the laws of Zurich, Switzerland and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Adapted from the Basecamp open-source policies / CC BY 4.0