Terms of Service
Last Updated: June 14, 2023
Your Agreement with Deta GmbH for Deta Services
1.1 These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with Deta Services (“Service”, “Services”, “Deta Services”) operated by Deta GmbH (“us”, “we”, “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. If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use Deta Services and to accept the Terms.
1.3 The “Deta Services” means the Deta cloud computing platform, the Deta Space platform, the Deta API and any other application, software or services offered by Deta GmbH 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. If you are agreeing to these Terms or accessing or using Services on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and you agree on behalf of such entity to be bound by these Terms (and for clarity, all other references to “you” in these Terms refer to such entity).
2.1 Some parts of the Service are billed on a one-off, or subscription basis (“Subscription(s)”). You will be billed in advance on a one-off, recurring and/or periodic basis (“Billing Cycle”).
2.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Deta GmbH cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Deta GmbH customer support team.
2.3 A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Deta GmbH with accurate and complete billing information including full name, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Deta GmbH 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, or the Subscription fail to renew for any other reason, will Deta GmbH have the rights to terminate said Subscription, and shall not bear responsibility for your loss of access to such Service.
3. Fee Changes
3.1 Deta GmbH, 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 Deta GmbH 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 Deta GmbH on a case-by-case basis and granted in sole discretion of Deta GmbH.
5. Your Account and Use of the Deta Services
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 Deta GmbH 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 Deta GmbH in connection with the Deta Services, unless you have been specifically allowed to do so in a separate agreement with Deta GmbH, 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 Deta GmbH may provide). The Deta Services do not permit you to exceed the hard usage limits. Deta GmbH reserves the right to enforce soft usage limits in its sole discretion, which may result in Deta GmbH serving a “quota exceeded” page to you or users to whom you serve web pages or information 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 Deta GmbH.
6. Links To Other Web Sites
6.1 Deta Services may contain links to third-party web sites or services that are not owned or controlled by Deta GmbH.
6.2 Deta GmbH 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 Deta GmbH 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 Deta Services 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. Proprietary Rights
8.1 You acknowledge and agree that Deta GmbH (or Deta GmbH’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. License from Deta GmbH and Restrictions
9.1 Deta GmbH grants you a limited, revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Deta GmbH 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 Deta GmbH, 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 Deta GmbH, 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 Deta GmbH’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 Deta GmbH for the use of the components of the Deta Services released under an open source license.
10. Content and Applications on the Deta Services and Take Down Obligations
10.1.1 You understand that all information (including, but not limited to 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 Deta GmbH 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 Deta GmbH. In the event that you elect not to comply with a request from Deta GmbH to take down certain Content, Deta GmbH 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. Deta GmbH 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 Deta GmbH has no responsibility to you or to any third party for) the Application or any Content that you or your End Users create, submit, transmit or display while using the Deta Services and for the consequences of your actions (including any loss or damage which Deta GmbH may suffer) by doing so.
10.1.5 You agree that Deta GmbH 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 User-Generated 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, as well as End 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 Deta GmbH 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 installed or forked it.
10.2.3 By submitting, posting, displaying, or otherwise providing Content on or through the Deta Services you give Deta GmbH a worldwide, royalty-free, transferable, sublicensable, and non-exclusive license to host, use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Deta GmbH to provide you with, operate, and improve the Deta Services. Furthermore, by creating or otherwise providing an Application through use of the Deta Services, you give Deta GmbH a worldwide, royalty-free, transferrable, sublicensable, and non-exclusive license to host, use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Deta GmbH to provide you with, operate, and improve the Deta Services.
These licenses remain in effect even if you stop using Deta Services. These licenses do not grant Deta GmbH the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service. As between the parties, in connection with Deta Services, we won’t be subject to any terms or policies associated with your Application or Your Content (even if we click or tap agreement).
10.2.4 License Grant to other Users
Any User-Generated Content or Application you post publicly, or to a restricted set of users, or for which you enable collaborative access, including your contributions to other Users’ Applications, may be viewed and used by others, including End Users. By setting your Content or Applications to be viewed, edited, installed, or used publicly, to a restricted set of users, or collaboratively, you agree to allow others to view, edit, install, 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 to a restricted set of users, or collaboratively, you grant each User of the Deta Services, as well as End Users, a non-exclusive, worldwide license to use, display, and perform Your Content through the Deta Services and to reproduce Your Content solely on the Deta Services as permitted through the Deta Service’s functionality (for example, through installing, 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, as well as End Users.
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 Deta GmbH 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 Private Applications
10.3.1 Control of Private Applications
Some Users may have private Applications, which allow the User to control access to Content.
10.3.2 Confidentiality of Private Applications
Deta GmbH considers the contents of private Applications to be confidential. Deta GmbH 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.
Deta GmbH 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 Deta GmbH 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 Deta GmbH’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 Deta GmbH will continue to treat your private Application Content as confidential, to the extent possible in the context of the service or feature. 10.3.3.4 Exclusions
If we have reason to believe the contents of a private Application are in violation of the law or of these Terms, we maintain the right to access, review, and remove any Content and Application. 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 Deta GmbH 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 Deta GmbH, 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.
11 Acceptable Use Policy
Your use of the Service is subject to this Acceptable Use Policy. If you are found to be in violation of or exploiting our policies or Services at any time, as determined by Deta GmbH 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.
11.1 Prohibited Content
The Content generated, displayed and/or processed through your Application or other web site utilizing the Service, or any of Your Content, shall not contain any of the following types of content:
- Content that infringes a third party’s rights (e.g., copyright) according to applicable law
- Excessively profane content
- Content that is sexually obscene or relates to sexual exploitation or abuse
- Hate-related or violent content
- Content advocating racial or ethnic intolerance
- Content intended to advocate or advance computer hacking or cracking
- Other illegal activity, including without limitation illegal export of controlled substances or illegal software
- Drug paraphernalia
- Malicious content
- Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights
11.2 Prohibited Actions
You agree not to, and not to allow third parties (including End Users) to use the Service:
- to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act)
- to engage in, promote or encourage illegal activity for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website)
- to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature
- to interfere with the use of the Services, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users
- to disable, interfere with or circumvent any aspect of the Service
- to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”)
- to engage in automated excessive bulk activity and coordinated inauthentic activity, such as cryptocurrency mining, selling, licensing, or purchasing Services data, and get-rich-quick schemes.
11.3 Hard and Soft Limits
Deta Services have certain hard and soft limits in using its service. Hard limits are automatically enforced by the Service. Soft limits are guidelines that you agree to abide by. Deta GmbH reserves the right to enforce soft usage limits in its sole discretion, which may result in the Deta Services serving a “quota exceeded” page to you or users to whom you serve via the Deta Services. Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
11.3.1 Soft Limits
- For the Free Tier (on monthly basis):
- Deta Drive
- 5 GB storage
- 70,000 read requests
- 30,000 write requests
- Deta Base
- 250 MB of storage
- 70,000 read requests
- 30,000 write requests
- Deta Micros & Space Applications
- 500,000 requests
- 10,000 GB-Seconds of compute
- A GB-Second is the amount of memory provisioned to a Deta Micro multiplied by how long it runs. E.g. a Micro that has 500 MB of memory and runs for 2 seconds consumes 1 GB-Second.
- Deta Drive
In the event that your resource usage constitutes a threat to the integrity, availability and resilience of Deta GmbH’s systems and Service, determined at the sole discretion of Deta GmbH, Deta GmbH may suspend or terminate your usage of the Deta Services.
12. Limitation Of Liability
In no event shall Deta GmbH, 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 Deta Services; (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.
Deta GmbH 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.
14. Governing Law
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 14 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.
16. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org