This Terms of Service Agreement (“Agreement”) is between you (“User”) and DevSpace Technologies Inc., C/O SkyDeck 2150 Shattuck Ave, Penthouse, Suite 1300 Berkeley, California 94704, United States of America (“DevSpace"). If you are agreeing to this Agreement on behalf of a company or organization, then User means your company or organization and you are binding your company or organization to this Agreement.

This Agreement applies to any and all products or services (including but not limited to software, computing resources, materials, downloads, documentation, generated files, templates, support and maintenance services) provided by DevSpace (“DevSpace Products and Services”).

1. Account Registration

(1) To use the DevSpace Products and Services or parts hereof, DevSpace may require the User to register for an account and to accept this Agreement. As an express condition to register for an account, the User must be of legal age to form a binding contract and must not be a person who is either barred or otherwise legally prohibited from receiving or using the DevSpace Products and Services under the laws of the country in which the User is resident or from which the User accesses or uses the DevSpace Products and Services. If the User agrees to this Agreement on behalf of a company or organization, he warrants that he is authorized to bind the company or organization to this Agreement.

(2) Any registration information the User provides to DevSpace must be accurate, current and complete. The User is responsible to maintain, keep current and update the registration information.

(3) The User is responsible for maintaining the security of her/his password and account information. DevSpace shall not be liable for any loss or damage arising from the User’s failure to keep her/his password and account information secure.

(4) Instead of requiring registration information for the DevSpace Products and Services, DevSpace may use account and registration information from other services. This specifically includes account and registration information from GitHub, Inc. This Agreement applies also to Users who use account and registration information from such other services.

2. Use of DevSpace Products and Services

(1) The User may use the DevSpace Products and Services and integrate the DevSpace Products and Services in own software that has material value independent from the DevSpace Products and Services.

(2) Only the User is allowed to use the DevSpace Products and Services and to integrate the DevSpace Products and Services in own software. The User is not allowed to sublicense or to transfer these rights to others.

(3) The use of the DevSpace Products and Services by the User must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

(4) The User is solely responsible for any information, data, and content provided to DevSpace or uploaded to the DevSpace Products and Services by the User’s account (“Content”). This includes, without limitation, any and all software, source code, file, image, photo, text, video and audio. The User warrants to have all necessary rights to provide the Content to DevSpace and to grant DevSpace all rights in this Agreement and that the use of the Content by DevSpace does not violate any laws or rights of any third party. The User is solely responsible for the development, operation, maintenance, and use of her/his Content.

(5) The User is solely responsible for properly configuring and using the DevSpace Products and Services and otherwise taking appropriate action to secure, protect and backup her/his account and Content in a manner that will provide appropriate security and protection, which might include use of encryption to protect the User’s Content from unauthorized access and routinely archiving the Content.

(6) The User agrees and warrants to comply with the DevSpace Acceptable Use Policy, which can be found below. This Acceptable Use Policy is incorporated in this Agreement by this reference. All Content of the User must be compliant with the Acceptable Use Policy and all applicable laws, regulations and ordinances.

(7) The User is entirely responsible for all activity taken through her/his account whether or not authorized by the User. The User may thus be held liable for any losses and damages resulting from all activities from her/his account, even if someone else is using her/his account information and password. The User agrees to notify DevSpace immediately of any actual or suspected breach of security or unauthorized use of her/his account or of her/his password.

(8) The User will not engage in any activity that interferes or disrupts the DevSpace Products and Services. The User will not use the DevSpace Products and Services in any way that could disrupt the DevSpace Products and Services or the associated servers and hardware. The User will not attempt to circumvent, disable or disrupt any mechanism to limit her/his use of the DevSpace Products and Services.

(9) The User will not access the DevSpace Products and Services to bring an intellectual property infringement claim against DevSpace or for the purpose of creating a product or service competitive with the DevSpace Products and Services.

(10) The User will not create multiple accounts, applications, projects or Content to simulate or act as a single account, application, project or other Content. The User will not access the DevSpace Products and Services in a manner intended to avoid fees or exceed usage limitations.

(11) DevSpace reserves the right to review the Content of the User to ensure compliance with this Agreement, the Acceptable Use Policy and all applicable laws, regulations and ordinances. DevSpace is not obligated to monitor the provided Content of the User.

(12) DevSpace may provide additional documentation for the User’s use of the DevSpace Products and Services. Such documentation may specify further restrictions on how the DevSpace Products and Services may be used. The User will comply with any such restrictions specified.

(13) If DevSpace requires a fee for DevSpace Products and Services, only the individuals for whom the required fee is paid may access and use these DevSpace Products and Services.

3. Fees, Billing and Payment

(1) DevSpace may provide some of the DevSpace Products and Services to the User free of charge or free of charge up to a certain threshold.

(2) DevSpace will send an electronic invoice to the User for all accrued charges for the User`s use, reservations and ordered packages of DevSpace Products and Services over the previous billing period. DevSpace will not charge the User for DevSpace Products that are free of charge and will only charge the User for the charges that are accrued above the threshold for DevSpace Products and Services that are free of charge up to a certain threshold.

(3) The billing period is one calendar month unless specified differently. DevSpace may apply a shorter billing period if DevSpace suspects that the User’s account is fraudulent or at risk of non-payment.

(4) The User is responsible for all accrued charges as described on the website (www.devspace.cloud/pricing) and will pay all fees in the currency set forth in the invoice.

(5) The User may choose to pay by invoice if DevSpace agrees to this payment method. If the User chooses to pay by invoice and DevSpace agrees to this payment method, the User must pay within 30 days if no other due date is set forth in the invoice. If the User chooses any other payment option or if DevSpace does not agree to payment by invoice, the User will pay all fees immediately at the end of the billing period.

(6) The User's obligation to pay all Fees is non-cancellable. DevSpace's measurement of the User’s use of the DevSpace Products and Services is final. DevSpace has no obligation to provide multiple bills.

(7) In case of late payment, the unpaid amount shall bear interest at the rate of 3 percentage points over the then current basic rate of interest of the European Central Bank (or the highest interest rate permitted by law, if less) from the payment due date until the date the full payment is made. DevSpace reserves the right to claim further reasonable expenses or damages for the delayed payment. In case of late payments, DevSpace reserves the right to suspend the access of the User to the DevSpace Products and Services until receiving the payment.

(8) Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to DevSpace, DevSpace will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, DevSpace will apply the credit memo amount to the disputed invoice and the User will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, the User waives all claims relating to fees unless claimed within sixty days after charged (this does not affect any User’s rights with its credit card issuer). Refunds (if any) are at the discretion of DevSpace and will only be in the form of credit for the DevSpace Products and Services.

(9) DevSpace reserves the right to change the fees for the DevSpace Products and Services. The change will become effective at the beginning of the next billing period. DevSpace will notify the User at least 14 days before the change will become effective.

(10) All fees and invoices are excluding any applicable Value Added Tax, unless explicitly stated otherwise. The current rate of statutory Value Added Tax will be invoiced and paid in addition to all fees. To the extent that any other taxes or duties have to be paid or collected by DevSpace, the taxes will be invoiced to the User and the User will pay the amount of such taxes or duties to DevSpace in addition to all fees.

(11) If required under applicable law, the User will provide DevSpace with an applicable tax identification information that DevSpace may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. The User will be liable to pay (or reimburse DevSpace for) any taxes, interest, penalties or fines arising out of any misdeclaration by the User

4. Changes to DevSpace Products and Services

(1) DevSpace may make reasonable updates and changes to the DevSpace Products and Services from time to time. If DevSpace makes material changes to the DevSpace Products and Services, it will inform the User about these changes.

(2) DevSpace may add new products and services to the DevSpace Products and Services. The User may use these new products and services if DevSpace does not require the User to agree to additional terms. If DevSpace requires the User to agree to additional terms, the User may use these new products and services only after agreeing to the required additional terms.

(3) DevSpace may discontinue any DevSpace Products and Services. If DevSpace discontinues any DevSpace Products and Services, it will inform the User about the discontinuance a reasonable time in advance.

(4) DevSpace has the right to introduce limitations for Users not paying for any DevSpace Products and Services, to change the free DevSpace Products and Services, to change the thresholds up to which the use of the DevSpace Products and Services is free of charge or to discontinue the provision of any DevSpace Products and Services free of charge in its own discretion at any time and for any or no reason.

5. Licensing and Property Rights

(1) By uploading, submitting or otherwise transmitting Content to or through the DevSpace Products and Services, the User gives a worldwide, royalty-free, and non-exclusive license to collect, store, use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Content to DevSpace solely to the extent necessary to provide the DevSpace Products and Services to the User or to comply with applicable laws, regulations and ordinances. This includes all activities necessary by DevSpace to respond to support requests of the User. The User retains the responsibility, the copyright and any other rights in the Content. DevSpace will not claim ownership or control over any Content of the User.

(2) With the exception of the Content uploaded, submitted or otherwise transmitted to or through the DevSpace Products and Services by the User, the User acknowledges and agrees that all legal right, title and interest in and to the DevSpace Products and Services is either owned by or licensed to DevSpace. This includes, without limitation, any copyrights, trade mark rights and other intellectual property rights. All DevSpace Products and Services are made available on a limited license or access basis and no ownership right is transferred to the User, irrespective of the use of terms such as “purchase” or “sale”.

(3) If the User provides DevSpace feedback or suggestions about the DevSpace Products and Services, then DevSpace may use that information without obligation to the User, and the User hereby irrevocably assigns all right, title, and interest in that feedback or suggestion to DevSpace.

(4) All rights not expressly granted are reserved.

(5) Third party components, including, without limitation, open source software, provided through the DevSpace Products and Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs the User’s use of that third party component.

(6) DevSpace may identify the User as a user of the DevSpace Products and Services in a list of DevSpace users, online or in promotional materials, by using the User’s name or brand features, including, without limitation, trademarks, brand names, logos and domains. DevSpace may also verbally reference the User as a user of the DevSpace Products and Services. The User may revoke DevSpace’s right to use the Users’ name and brand features under this Section with written notice providing DevSpace with a reasonable period to stop the use.

6. Removals and Suspension

(1) DevSpace reserves the right to remove or suspend any or all Content from the DevSpace Products and Services that violates the DevSpace Acceptable Use Policy or is in conflict with applicable laws, regulations, ordinances or the contractual relationship with DevSpace, including, without limitation, this Agreement (“Unaccepted Content”). The User agrees to immediately remove or suspend any Unaccepted Content. DevSpace may request the User to remove or suspend any Unaccepted Content. If the User does not comply with this request within 24 hours, DevSpace reserves the right to directly remove or suspend the Unaccepted Content and/or to suspend the Account of the User until the violation is corrected. DevSpace may remove or suspend the Unaccepted Content immediately, if it violates the rights of a third party or if it may damage DevSpace or its reputation.

(2) If the User becomes aware of any Unaccepted Content in the DevSpace Products and Services, the User will immediately notify DevSpace providing the necessary information to correct the violation.

(3) If any activity of the User’s account poses a risk to, might disrupt or otherwise adversely affect the DevSpace Products and Services or the associated servers and hardware provided by DevSpace or if an unauthorized user uses the DevSpace Products and Services, DevSpace may immediately suspend the User’s account and Content.

(4) If DevSpace suspends the User’s account or Content, the User remains responsible for all fees, including the fees accruing during the suspension.

(1) DevSpace Products and Services may contain hyperlinks to other websites, content or other resources not owned or operated by DevSpace. The User acknowledges and agrees that DevSpace has no responsibility or control for those websites, content or other resources. DevSpace does not guarantee the availability of those websites, content or other resources and does not endorse any content, advertising or product associated with them.

(2) The User acknowledges and agrees that DevSpace is not liable for any loss or damage resulting from the availability of those websites, content or other resources or from the content which is available through the hyperlink.

8. Termination and Expiration

(1) This Agreement remains effective until terminated or expired.

(2) DevSpace has the right to terminate, in its sole discretion and for any or no reason, this Agreement with the User and the access of the User to the DevSpace Products and Services at any time with immediate effect, if the User does not pay any fees for the DevSpace Products and Services (Free User).

(3) Either party may terminate this Agreement and the provision of the DevSpace Products and Services before the end of the subscription term with immediate effect by written notice, if the other party materially breaches any of the terms of this Agreement and fails to cure the breach within a 14 days period after written notice of the breach or if the other party ceases to do business without successor, declares bankruptcy or becomes insolvent or otherwise unable to meet its financial obligations. In this case of termination, the User may claim a pro rata portion of pre-paid fees for the DevSpace Products and Services as a refund.

(4) DevSpace has the right to terminate this Agreement and the provision of the DevSpace Products and Services and this Agreement with the User at any time with immediate effect, if the User breaches the Acceptable Use Policy or if DevSpace is required to do so by law.

(5) DevSpace has the right to terminate this Agreement and the provision of the DevSpace Products and Services upon 10 days advance notice if, for a period of 7 days the User has not logged in to or used the DevSpace Products and Services or if the User’s content has had no network activity. DevSpace will only terminate the provision of the DevSpace Products and Service if the User has not incurred any Fees for the use of the DevSpace Products and Services in the current billing period.

(6) DevSpace has the right to delete namespaces and all associated Content created by Users if the User’s Content cannot be reached over the internet for 5 consecutive days. DevSpace will inform the User about the deletion 48 hours in advance. Free Users do not have to be informed about the deletion.

(7) Either party may terminate this Agreement at any time by written notice to the other party. The termination becomes effective at the end of the billing period.

(8) DevSpace may discontinue any DevSpace Products and Services or any portion or feature for any reason at any time without liability to the User. DevSpace will inform the User about its intent to discontinue or to make backwards incompatible changes.

(9) Generally, the User will not receive any refunds for unused DevSpace Products and Services resulting from the termination of this Agreement.

(10) After the termination or expiration of this Agreement, the User will not have the right to access her/his accounts and sub-accounts or to use the DevSpace Products and Services. The User is solely responsible for exporting or copying all her/his Content from the DevSpace Products and Services prior to the termination or expiration. After the termination, DevSpace may delete any Content of the User. If DevSpace terminates this Agreement with immediate effect, DevSpace will provide the User a reasonable opportunity to retrieve the Content of the User. After the termination or expiration, the User is obligated to delete all software, content or other material provided by DevSpace from her/his systems. DevSpace may remove or delete all Content of the User from the DevSpace Products and Services 4 weeks after the termination or expiration of the subscription term.

(11) In any case of termination or expiration of this Agreement, the following sections will survive: 3 Fees, Billing and Payment, 5 Licensing and Property Rights, 6 Removals and Suspension, 7 External Links, 8 Termination and Expiration, 9 Usage Information, 10 Warranty Disclaimer, 11 Limitation of Liability, 12 Indemnification and 13 Final Provisions.

9. Usage of Information

DevSpace may measure, analyze, aggregate and collect information about the User’s interaction with the DevSpace Products and Services. This includes, without limitation, usage patterns, the performance of the DevSpace Products and Services and characteristics of the User and of her/his used software and hardware. DevSpace will not identify the User as the source of any such data to any third parties without prior written consent of the User. DevSpace uses information about the User in accordance with the DevSpace Privacy Policy, which can be found on the DevSpace website (www.devspace.cloud/privacy-policy).

10. Warranty Disclaimer

(1) THE DevSpace PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY. THE USER’S USE OF THE DevSpace PRODUCTS AND SERVICES IS AT HER/HIS SOLE RISK. DevSpace HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(2) DevSpace IS NOT LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DevSpace.

(3) DevSpace DOES NOT GUARANTEE THAT THE USE OF THE DevSpace PRODUCTS AND SERVICES IS SECURE, UNINTERRUPTED OR ERROR-FREE, THAT THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE, THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED OR THAT ERRORS WILL BE CORRECTED.

(4) THE USER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP HIS/HER CONTENT.

11. Limitation of Liability

(1) DevSpace SHALL BE LIABLE ONLY IN ACCORDANCE WITH THE PROVISIONS SPECIFIED IN THIS SECTION.

(2) DevSpace SHALL BE UNRESTRICTEDLY LIABLE FOR LOSSES CAUSED INTENTIONALLY OR WITH GROSS NEGLIGENCE BY DevSpace, ITS LEGAL REPRESENTATIVES, SENIOR EXECUTIVES OR VICARIOUS AGENTS. DevSpace SHALL BE UNRESTRICTEDLY LIABLE FOR DEATH, PERSONAL INJURY OR DAMAGE TO HEALTH CAUSED INTENTIONALLY OR WITH NEGLIGENCE BY DevSpace, ITS LEGAL REPRESENTATIVES, SENIOR EXECUTIVES OR VICARIOUS AGENTS.

(3) DevSpace SHALL BE LIABLE IN ACCORDANCE WITH THE GERMAN ACT ON LIABILITY FOR DEFECTIVE PRODUCTS IN THE EVENT OF PRODUCT LIABILITY.

(4) DevSpace SHALL BE LIABLE FOR LOSSES CAUSED BY THE BREACH OF ITS PRIMARY, FUNDAMENTAL OBLIGATIONS BY DevSpace, ITS LEGAL REPRESENTATIVES, SENIOR EXECUTIVES OR VICARIOUS AGENTS. IF THE BREACH IS CAUSED BY SIMPLE NEGLIGENCE, THE ENSUING LIABILITY SHALL BE LIMITED TO THE AMOUNT WHICH WAS FORESEEABLE BY DevSpace AT THE TIME THE RESPECTIVE BREACH WAS PERFORMED. PRIMARY, FUNDAMENTAL OBLIGATIONS ARE OBLIGATIONS WHOSE FULFILMENT IS AN ESSENTIAL CONDITION FOR THE PROPER IMPLEMENTATION OF THIS AGREEMENT AND THE CONTRACT BETWEEN DevSpace AND THE USER.

(5) DevSpace SHALL BE LIABLE FOR CONSEQUENTIAL DAMAGES, LOST PROFIT OR OTHER INDIRECT DAMAGES ONLY IN THE CASE OF WILLFUL INTENT, IF DevSpace HAS ASSUMED A GUARANTEE OR HAS FRAUDULENTLY CONCEALED A CIRCUMSTANCE CAUSAL FOR THE RELEVANT INDIRECT DAMAGE. STRICT LIABILITY WITHOUT FAULT OF DevSpace, ITS LEGAL REPRESENTATIVES, SENIOR EXECUTIVES OR VICARIOUS AGENTS FOR DEFECTS OR ERRORS ALREADY PRESENT AT THE TIME OF THE INCEPTION OF THIS AGREEMENT IS EXPRESSLY EXCLUDED.

(6) DevSpace SHALL BE LIABLE FOR LOSS OF DATA ONLY UP TO THE AMOUNT OF TYPICAL RECOVERY COSTS WHICH WOULD HAVE ARISEN HAD PROPER AND REGULAR DATA BACKUP MEASURES BEEN TAKEN.

(7) NEITHER DevSpace NOR THE USER WILL BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSED BY CIRCUMSTANCES BEYOND THEIR REASONABLE CONTROL.

(8) ANY MORE EXTENSIVE LIABILITY OF DevSpace IS EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

The User agrees to indemnify and hold DevSpace, its legal representatives, senior executives, vicarious agents or partners harmless from any loss, damages, claims and demands, including, without limitation,reasonable attorneys’ fees, for which DevSpace becomes liable arising from or relating to the Users’ Content, breach of this Agreement, including a violation of the Acceptable Use Policy, use of the DevSpace Products and Services or the violation of applicable laws, rules or regulations. The User will receive prompt written notice of such claim by DevSpace and has the exclusive right to control and direct the investigation, defense or settlement of such claim. DevSpace will provide all reasonably necessary cooperation at the User’s expense to resolve such claim.

13. Final Provisions

(1) This Agreement sets out all terms agreed between the User and DevSpace and governs the use of the DevSpace Products and Services, except any services DevSpace may provide to the User under a separate written agreement, and supersedes all other prior agreements between DevSpace and the User in relation to the DevSpace Products and Services.

(2) Any notice under this Agreement must be given in writing. DevSpace may provide notice to the User via e-mail or through the DevSpace Products and Services. All written notice may be sent to DevSpace Technologies Inc., C/O SkyDeck 2150 Shattuck Ave, Penthouse, Suite 1300 Berkeley, California 94704, United States of America.

(3) Amendments, additions or waivers to this Agreement must be made in writing to be effective. This also applies to amendments of this written form requirement.

(4) No third parties are beneficiaries of this Agreement. The parties are independent contractors and nothing in this Agreement creates any form of agency, partnership or joint venture.

(5) DevSpace reserves the right to change this Agreement, any referenced policies and documents and pricing. Any modification of this Agreement, the referenced policies and documents and pricing will be made available to the User on the DevSpace website (www.devspace.cloud), within the DevSpace Products and Services or via email. Unless otherwise noted by DevSpace, material changes to this Agreement, any referenced policies, documents or pricing will become effective 30 days after the notification of the User, except if the changes apply to new functionality in which case they will be effective immediately. If the User does not agree to the changes of this Agreement, any referenced policies and documents or pricing, the User must stop using the DevSpace Products and Services. By continuing to use the DevSpace Products and Services after the effective date of any modifications to this Agreement, the User agrees to be bound by the modified terms.

(6) The failure by DevSpace to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit its right to enforce such provision at a later time. All waivers by DevSpace must be in writing to be effective.

(7) Finding individual provisions of this Agreement to be fully or partially unenforceable or invalid,now or in the future, or finding a loophole, does not invalidate the remaining provisions. Rather, the invalid or lacking provision shall be replaced with one on which the parties would reasonably have agreed if they had been aware of the invalidity or the lack of the provision in question when this Agreement was concluded.

(8) This Agreement and contractual relationship between DevSpace and the User shall be governed and construed by the laws of the Federal Republic of Germany (excluding conflict of law rules and the Convention of Contracts for the International Sale of Goods).

(9) Exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement and contractual relationship between DevSpace and the User shall be Mannheim, Germany.

This Acceptable Use Policy (“AUP”) describes prohibited uses of the DevSpace Products and Services and the DevSpace website (www.devspace.cloud). The examples given in this AUP are not exhaustive. DevSpace reserves the right to modify and amend this AUP at any time by publishing it on the DevSpace website or by informing you (the “User”) in any other way, including, without limitation, by email or within the DevSpace Products and Services. By using the DevSpace Products and Services or accessing the DevSpace website, the User agrees to the latest version of this AUP. Without prejudice, DevSpace has the right to terminate the provision of the DevSpace Products and Services to and the DevSpace Term of Service agreed upon with the User at any time with immediate effect if the User violates this AUP or authorizes or helps others to do so.

All definitions provided in the DevSpace Term of Service also apply for this AUP.

1 Prohibited Content

The User may not upload, transmit, process, store, distribute or otherwise provide any Content that

  • Is illegal, violates any laws, regulations or ordinances or may be harmful to others, including DevSpace and its reputation. This includes, without limitation, disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, get-rich-quick schemes, ponzi and pyramid schemes, phishing, or pharming
  • Promotes or encourages any illegal activity
  • Infringes any intellectual property or other rights of others, including, without limitation, copyrights, trademarks, patents, privacy rights or contractual rights
  • Is deceptive, fraudulent, libelous, threatening, harassing, hateful, violent, harmful to minors, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including, without limitation, content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts
  • May damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including, without limitation, viruses, corrupted files, hoaxes, bots, scripting exploits, Trojan horses, worms, time bombs, or cancelbots.
  • Encourages or promotes illegal or tortious acts and activities
  • Discriminates others based on their race, ethnicity, nationality, religion, gender, sexual orientation, disability or medical condition
  • Is inflammatory
  • Is associated with gambling, drugs and drug paraphernalia
  • Advocates or advances computer hacking or cracking

2. Prohibited Activities

No Security Violations
The User may not use the DevSpace Products and Services to violate the security or integrity of any network, computer, communication system, software, or network including the DevSpace Products and Services (“System”). This includes any activities that

  • Are illegal, violates any laws, regulations or ordinances or may be harmful to others, including DevSpace and its reputation
  • Access, use or try to access or use any System without permission. This includes, without limitation, probing, scanning or testing the vulnerability of any System, breaching any security or authentication measures of any System, and trying to find email addresses or Account information
  • Violate the privacy of others. This includes, without limitation, publishing private or confidential information of others without their express permission
  • Monitor or intercepts any data or traffic of or on a System without permission
  • Gorge TCP-IP packet headers, email headers or any part of a message describing its origin or route. The User may not misrepresent himself or disguise the origin of her/his Content. The legitimate use of aliases and anonymous remailers is not prohibited.

No Disruptions
The User may not disrupt or attempt to disrupt the functionality, security or integrity of the DevSpace Products and Services. This includes any activities that

  • Circumvent any security or authentication measures or allow the User to gain unauthorized access to the DevSpace Products and Services
  • Modify, disable or compromise the integrity, security or performance of the DevSpace Products and Services
  • Overwhelm infrastructure of DevSpace or any third party by imposing an unreasonably large load on it or by using extraordinary resources. This includes, without limitation, using robots, spiders, offline readers or other automated systems to send more request messages to the DevSpace Products and Services than a human could reasonably send in the same period of time, using unreasonable amounts of storage or bandwidth, and load testing the DevSpace Products and Services. This also included inundating an infrastructure, service or product with requests so that this infrastructure, service or product cannot respond to legitimate traffic or responds so slowly it becomes ineffective (Denial of Service)
  • Generate, distribute or facilitate unsolicited promotions, advertisements or mass email (“Spam”). This includes, without limitation, sending a significant amount of emails to other parties the User has no preexisting relationship with, and sending emails to other parties who expressly do not want to receive these mails, e.g. by requesting to be removed from a mailing list.

Other Prohibited Activities
The User may not

  • Use the DevSpace Products and Services to mine any cryptocurrency
  • Use the DevSpace Products and Services for any illegal purpose or activity or to encourage or promote such purpose or activity
  • Copy, create a derivative work of, tamper with, reverse-engineer, hack, modify or adapt the DevSpace Products and Services
  • Extract or try to extract any or all of the source code, ideas, algorithms or any other part of the DevSpace Products and Services or the DevSpace website
  • Resell or commercially exploit the DevSpace Products and Services without prior written consent of DevSpace
  • Remove any copyright, trademark or other proprietary rights notices of the DevSpace Products and Services
  • Use the DevSpace Products and Services for illegal file-sharing
  • Use the DevSpace Products and Services for any high-risk or strict liability activities, including, without limitation, operation of nuclear facilities, power plant operation, air traffic control, space travel, firefighting, police operations, military operations, rescue operations, hospital and medical operations or life support systems, where the use of failure of the DevSpace Products and Services could lead to death, personal injury, or environmental damage
  • Use the DevSpace Products and Services to operate or enable any telecommunication services or in connection with any application that allows to place calls or to receive calls from any public switched telephone network
  • Use the DevSpace Products and Services to process or store any date that is subject to the International Traffic in Arms Regulations maintained by the Department of State
  • Avoid any limitations placed on the DevSpace Products and Services. This includes, without limitation, computing resources and the number of accounts
  • Use the DevSpace Products and Services in a way that violates the DevSpace Terms of Service or other agreements between DevSpace and the User.

3. Excessive Use

The User is not allowed to use the servers, networks, resources or any technical infrastructure provided by DevSpace or in association with the DevSpace Products and Services more than necessary for the normal use by the User. Especially, this includes, without limitation, all resources DevSpace provides unlimitedly.

4. Enforcement of this Acceptable Use Policy

DevSpace reserves the right, without any obligation, to investigate any violation of this Acceptable Use Policy or misuse of the DevSpace Products and Services. DevSpace may remove, disable access to, modify or suspend any Content of the User that violates this Acceptable Use Policy, the DevSpace Terms of Service or any other agreement between DevSpace and the User.

DevSpace may report any Content and activity that is suspected to violate any laws, regulations or ordinances to appropriate law enforcement officials, regulators, or other appropriate third parties. DevSpace may thereby disclose appropriate information about the User and her/his identity. DevSpace may cooperate with appropriate law enforcement officials, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Acceptable Use Policy.

5. Reporting Violations of this Acceptable Use Policy

If the User becomes aware of any violation of this Acceptable Use Policy, she/he will immediately notify DevSpace and will provide the requested assistance to stop or remedy the violation. The User can report any violation via email to abuse@devspace.cloud.