Terms and Conditions
Last Updated: October 10, 2023
Your Terms and Conditions with Deta GmbH for Deta Services
1.1 These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your (“you”, ”your”) relationship with and use of Deta’s Services (“Service(s)”, “Deta Services”) operated by Deta GmbH (“Deta”, “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 Services. If you are considered a minor in your country, you must have your parent or legal guardian’s help to understand this agreement, permission to use the Services and to accept these Terms.
1.3 Deta’s Services means the Deta Cloud platform, the Deta Space platform, Deta’s APIs, all developer tools provided by Deta, and any other application, software, or service, including the Discovery app store, offered by Deta in connection to any of those.
1.4 Affiliate means any subsidiary and/or 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, or an Affiliate.
1.5 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. Transactions, Payments, Fees, and Refunds
2.1 You can buy, get, license, or subscribe to Applications (as defined below) and Content (as defined below) (collectively “Content”, as defined below). Content may be offered by Deta, you, or a third party.
2.2 You can acquire Content and Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Deta, and/or you and the entity providing the Content on our Services. Deta may charge a fee for Transactions. Any fee will be disclosed to you prior to the completion of any Transaction.
2.3 Deta will charge your selected payment method for any paid Transaction, including any applicable taxes for the buyer. All Transactions are final, and Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content or Services, your exclusive and sole remedy is either replacement of the Content or Services, or refund of the price paid, as determined by Deta on a case-by-case basis.
2.4 Some parts of the Service and Content are billed on a one-off, or subscription basis (“Subscription(s)”). You will be billed in advance on any one-off, recurring and/or periodic basis (“Billing Cycle”). At the end of each recurring Billing Cycle, your Subscription will automatically renew unless you, a third party, or Deta cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Deta’s customer support team. If your Subscription ends, you will lose access to any functionality of the Content and/or Service that requires said Subscription.
2.5 Deta, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Deta 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. Your continued use of the Content and/or Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
2.6 A valid payment method, including credit card, is required to process the charge for your Transaction. You shall provide Deta with accurate and complete billing information including full name, country of residence, and valid payment method information. By submitting such payment information, you automatically authorize Deta to charge all Transactions incurred through your account to any such payment instruments.
2.7 Should automatic billing fail to occur for any reason, or the Subscription fails to renew for any other reason, will Deta have the rights to terminate said Subscription, and shall not bear responsibility for your loss of access to such Service and/or Content.
2.8 Though it is unlikely, subsequent to your purchase, Content or Services may be removed and become unavailable for further download, installation, or use.
3. Your Account, and Usage of the Deta Services
3.1 Using our Services and accessing Content may require a Deta account. A Deta account is the account you use across the Deta Services. You must provide accurate and complete registration information any time you register to use the Deta Services. Your account is valuable, and you are responsible for the security of it, your passwords, and for any usage of your account. If you become aware of any unauthorized usage of your password or of your account, you agree to notify Deta immediately.
3.2 You may not tamper with or circumvent any security technology included with the Services or Content. 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 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).
3.3 Your account has “hard” and “soft” usage limits, as further explained in the Acceptable Use Policy (below). The Deta Services do not permit you to exceed the hard usage limits. Deta reserves the right to enforce soft usage limits in its sole discretion, which may result in Deta serving a “quota exceeded” page to you. This includes users to whom you serve web pages, Content or other information via the Deta Services (“Third Party End Users”). Repeated exceeding of the hard or soft usage limits may lead to the termination of your account.
3.4 Your use of the Services and Content must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
3.5 You may not access the Deta Services for the purpose of bringing an intellectual property infringement claim against Deta GmbH.
4.1 We may terminate or suspend your account immediately, without prior notice or liability, for any or no reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Deta Services will immediately cease.
4.2 You may terminate these Terms, except for the terms that persist, at any time by canceling your account on the Deta Services. You will not receive any refunds if you cancel your account.
4.3 You are solely responsible for exporting your Content 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.
5. Proprietary Rights
5.1 You acknowledge and agree that Deta (or Deta’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).
5.2 Deta’s delivery of Services or Content does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
6. Third Party Websites and Services
6.1 Deta Services may contain links to third party websites or services that are not owned or controlled by Deta.
6.2 Deta has no control over, and assumes no responsibility for the content, terms, privacy policies, services, or practices of any third party websites or services. You further acknowledge and agree that Deta 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 websites or services.
6.3 We strongly advise you to read the terms and privacy policies of any third party websites or services that you visit.
7. Licenses from Deta and Third Parties, and Restrictions
7.1 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 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, in the manner permitted by the Terms.
7.2 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’s patents or other intellectual property rights in the Deta Services.
7.3 All Applications made available through Discovery and the Service are licensed, not sold, to you. Application licenses are provided to you by Deta or a third party developer (“Application Provider(s)”). If you are a paying customer of the Deta Services and/or any paid Application, you acquire the Application license from Deta, and enter into an End-User Licensing Agreement (as defined below) with the Application Provider.
7.4 Applications licensed by Deta are “Deta Application(s)”. Applications licensed by third parties are “Third Party Application(s)” (collectively, “Application(s)”). Any Application license that you acquire is governed by the End-User Licensing Agreement (EULA) as set forth below, whether from Deta or third party developers.
7.5 The Application Provider of any Third Party Application is solely responsible for its content, warranties, and claims that you may have related to the Third Party Application, subject to local law. Deta is not a party to the EULA between you and the third party Application Provider, however is a third-party beneficiary and you acknowledge and agree that we may therefore enforce such agreement.
7.6 Deta is responsible for providing maintenance and support for Deta Applications only, or as required under applicable law. Third party Application Providers are responsible for providing maintenance and support for Third Party Applications.
7.7 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 for the use of the components of the Deta Services released under an open source license.
8. End-User Licensing Agreement
8.1 Your license to each Application is subject to your prior acceptance of this End-User Licensing Agreement (“EULA”). Your license to any Deta Application under this EULA is granted by Deta, and your license to any Third Party Application under this EULA is granted by the Application Provider of that Third Party Application. Any Application that is subject to this EULA is referred to herein as the “Licensed Application.” The Application Provider is referred to herein as the (“Licensor”), and reserves all rights in and to the Licensed Application not expressly granted to you under this End-User Licensing Agreement. All capitalized terms used herein have the meanings stated in the Terms and Conditions, unless stated otherwise.
8.3 Termination. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
8.4 External Services. The Licensed Application may enable access to Licensor’s and/or third party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third party External Services, and shall not be liable for any such third party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
8.5 No Warranty: You expressly acknowledge and agree that use of the Licensed Application is at your sole risk. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by the Licensor or its authorized representative shall create a warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
8.6 Limitation of Liability. To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty euros (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8.7 You also agree that you will not use these products for any purposes prohibited by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions, and the laws of the jurisdiction in which the Licensed Application was obtained.
9. Content and Applications, and Take Down Obligations
9.1.1 You understand that all information (including, but not limited to information such as data files, written text, applications, computer software, music, ratings, reviews, comments, 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 as “Content”. Content includes Applications that are created and/or uploaded using the Deta Services and any source code written to be used with the Deta Services to create applications, or any other code-generated output (collectively, “Application(s)”).
9.1.4 You agree that you are solely responsible for (and that Deta has no responsibility to you, end-users or to any Third Party End Users for) the Application or any Content that you create, submit, transmit, generate, or display while using the Deta Services and for the consequences of your actions (including any loss or damage which Deta may suffer) by doing so.
9.1.5 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 any Content.
9.1.6 Manipulating downloads, ratings, or reviews of Content or the Service via any means is prohibited.
9.2 User-Generated Content
9.2.1 “User-Generated Content” is Content, written or otherwise, created or uploaded by users of the Deta Services. You may create, generate, 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, install 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. Your User-Generated Content includes the Applications that you decide to install from Application Providers, and Applications you create.
9.2.2 You retain ownership of and responsibility for your User-Generated Content, including 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 User-Generated Content, we need you to grant us — and other Deta Services Users, as well as Third Party End Users — certain legal permissions, listed in Section 9.2.3 - 9.2.6. These license grants apply to your User-Generated Content. If you upload Content that already comes with a license granting Deta 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 9.2.3 — 9.2.6. The licenses you grant to us in Section 9.2.3 - 9.2.6 will end when you remove your User-Generated Content from our servers, unless other Users have installed or forked it.
9.2.3 By submitting, posting, displaying, or otherwise providing Content on or through the Deta Services you grant Deta a worldwide, royalty-free, perpetual, transferable, sublicensable, and non-exclusive license to read, review, host, use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Deta to provide you with, operate, market, and improve the Deta Services.
These licenses remain in effect even if you stop using Deta Services. As between the parties, in connection with Deta Services, we won’t be subject to any other terms or policies associated with your Application or your User-Generated Content (even if we click or tap agreement).
9.2.4 License Grant to other Users
Any User-Generated Content you post publicly, or to a restricted set of users, or for which you enable collaborative access, including your contributions to other users’ Content, may be viewed and used by others, including Third Party End Users. By setting your Content to be viewed, edited, downloaded, installed, or used privately, or publicly, to a restricted set of users, or collaboratively, you agree to allow others to view, edit, download, install, use, and / or “fork” your Content (this means that others may make their own copies of User-Generated Content from your User-Generated Content in a context they control, and have access to the code of Applications).
If you set your Content or Applications to be viewed, edited, downloaded, installed, or used publicly, or to a restricted set of users, or collaboratively, you grant each User of the Deta Services, as well as Third Party 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, downloading, editing, viewing, using). You also grant further rights through the End-User Licensing Agreement (EULA) above. 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 Third Party End Users.
9.2.5 Contributions under Content Licenses
Whenever you make a contribution to Content 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.
9.2.6 You retain all moral rights to your Content 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 9.2.3 and Section 9.2.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Deta the rights we need to use your Content without attribution and to make reasonable adaptations of your Content as necessary to render the website and provide the Deta Services.
9.3 Private Content
9.3.1 Control of Private Content and Applications: Some users may have private Content and Applications, which allow the user to control access to Content.
9.3.2 Confidentiality of Private Content: Deta considers the contents of private Content to be confidential. Deta GmbH will protect private Content 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.
9.3.3 Access: Deta personnel may only access your private Content in the following situations:
184.108.40.206 With your consent and knowledge, for support reasons, or to provide you with the Deta Services, such as reviewing the code prior to publication on Discovery. If Deta accesses a private Application for such reasons, we will only do so with the owner’s consent and knowledge.
220.127.116.11 When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of Deta’s systems and Service.
You may choose to enable additional access to your private Content. For example:
18.104.22.168 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 will continue to treat your private Content as confidential, to the extent possible in the context of the service or feature.
22.214.171.124 Exclusions: If we have reason to believe that private Content is 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 Content and Applications.
10 Acceptable Use Policy
Your use of the Service and Applications is subject to this Acceptable Use Policy. If you are found to be in violation of or exploiting our policies, Terms 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 and Conditions, unless stated otherwise.
10.1 Prohibited Content
The Content generated, displayed and/or processed through your Application or other use of the Service, or any of Your Content, shall not contain any of the following types of content or material:
- Content that you don’t have the permission, or license to use, or infringes a third party’s rights (e.g., copyright) according to applicable law
- Content that includes personal, private or confidential information belonging to others
- 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
- Content including drug paraphernalia, phishing, and/or 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
10.2 Prohibited Actions
You agree not to, and not to allow third parties or end users to use the Service:
- to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing Third Party 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, deceptive, harmful, 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.
10.3 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 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.
10.3.1 Soft Limits
For the Free Tier (on a monthly basis):
- Deta Drive
- 2 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 & 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.
In the event that your resource usage constitutes a threat to the integrity, availability and resilience of Deta’s systems and Service, determined at the sole discretion of Deta indifferent to the Soft Limits, Deta may suspend or terminate your usage of the Deta Services.
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 and/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, in its sole discretion, may use your Content, Applications, 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.
13. 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 (a) your access to or use of or inability to access or use Deta Services; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) 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 expressed 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 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.
Deta is not responsible or liable for third party materials included within or linked to from the Services, Applications, or Content.
15. 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 you and us regarding our Service, and supersede and replace any prior agreements we might have between you and us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time, and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. 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 delete your account and stop using the Service.
17. Contact Us
Deta GmbH is a for profit company with its operational headquarters at Sophienstr. 8, 10178 Berlin, Germany. If you have any questions about these Terms, please contact us at [email protected]
We promise to respond as soon as possible. For term specific questions, please mention “terms” anywhere in the subject header.