Terms of Service („Terms“)

Last updated: May 2, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using coloom.io website and the COLOOM application (the “Service”) operated by Digitalgrad UG (haftungsbeschränkt) (“us”, “we”, “RE”, “Digitalgrad” or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

A. DEFINITIONS

1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies and procedures that we may publish from time to time on the Website.
2. The “Service” refers to the applications, software, products, and services provided by Digitalgrad.
3. The “Website” refers to Digitalgrad’s websites located at coloom.io, recod-evolution.com, coloom.io, coloom.de, reswarm.de or reswarm.io, and all content, services, and products provided by Digitalgrad at or through the Website. It also refers to Digitalgrad-owned subdomains of coloom.de, coloom.io coloom.net.
4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government accounts (See Section B(4): Additional Terms).
5. “Digitalgrad,” “We,” and “Us” refer to Digitalgrad, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.

B. ACCOUNT TERMS
Short version: A human must create your account; you must be 16 or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
2. Account Requirements
These simple rules apply for accounts on Digitalgrad’s Service:
2.1 You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted. We do permit machine accounts:
2.2 A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine’s actions. You may maintain no more than one free machine account in addition to your free personal account.
2.3 One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that’s fine, but it can only be used for running a machine.
2.4 Digitalgrad does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to create a User account. If we learn of any such user under the age of 16, we will terminate that User’s account immediately.
2.5 Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
2.6 Overall, the number of Users must not exceed the number of accounts you’ve ordered from us.
3. User Account Security
You are responsible for keeping your account secure while you use our Service. We offer tools to help you maintain your account’s security, but the content of your account and its security are up to you.
3.1 You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
3.2 You are responsible for maintaining the security of your account and password. Digitalgrad cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.3 You will promptly notify Digitalgrad if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
4. Additional Terms
In some situations, third parties’ terms may apply to your use of Digitalgrad. For example, you may be a member of an organization on Digitalgrad with its own terms or license agreements; you may download an application that integrates with our Services. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.

C. PAYMENT
Short version: You are responsible for any fees associated with your use of Digitalgrad. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Free Services
Certain Services are provided to User without charge as applicable. We do not guarantee the availability of Free Services at any time.
2. Purchases
If you wish to purchase any product made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address. To process the payments Digitalgrad uses only certified payment system providers. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
You represent and warrant that:
2.1 You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase.
2.2 The information you supply to us is true, correct and complete.
2.3 You will provide valid and automatically chargeable billing details during the time you use payable service and until all payment obligations by you are met.
2.4 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
2.5 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
2.6 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
3. Product Pricing
We currently offer individual pricing models tailored to every customer exclusively.
4. Change of Product
You can change the product of Coloom at any time. Due Subscription fees for a product before product change will not be refunded. In case you change into a product which had been active before and the subscription period is not yet expired then the next due subscription period will begin after the expiry of the current subscription period.
5. Authorization
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Digitalgrad.
6. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Digitalgrad any charge incurred in connection with your use of the Service. If you dispute the matter, contact us directly via email contact@coloom.io. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.
7. Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
8. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
9. Online Billing
At the end of the applicable Fee Accrual Period, Digitalgrad will issue an electronic bill to User for all charges accrued based on the Usage Based and Flat Based products that were used within this period.
If User elects to pay by credit card, debit card, or other non-invoiced form of payment, Digitalgrad will charge (and User will pay) all Fees immediately at the end of the Fee Accrual Period. If User elects to pay by invoice (and Digitalgrad agrees), all Fees are due as set forth in the invoice. User’s obligation to pay all Fees is non-cancellable.
The minimum charge per Credit Card transaction is 0.50 €. If no charges accrued (invoice amount of zero Euro) then no Credit Card transaction will be made.
Digitalgrad’s measurement of User’s use of the Services is final. Digitalgrad has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Digitalgrad.
10. Taxes
User is responsible for any Taxes, and User will pay Digitalgrad for the Services without any reduction for Taxes. If Digitalgrad is obligated to collect or pay Taxes, the Taxes will be invoiced to User, unless User provides Digitalgrad with a timely and valid tax exemption certificate authorized by the appropriate taxing authority.
In some regions the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If User is required by law to withhold any Taxes from its payments to Digitalgrad, User must provide Digitalgrad with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the User is required to make a withholding of local VAT from amounts payable to Digitalgrad, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the User for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the User and User will ensure that Digitalgrad will receive payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
If required under applicable law, User will provide Digitalgrad with applicable tax identification information that Digitalgrad may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. User will be liable to pay (or reimburse Digitalgrad for) any taxes, interest, penalties or fines arising out of any mis-declaration by the User.
11. Invoice Disputes and Refunds
Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to Digitalgrad, Digitalgrad 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, Digitalgrad will apply the credit memo amount to the disputed invoice and User will be responsible for paying the resulting net balance due on that invoice.
To the fullest extent permitted by law, User waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any User rights with its credit card issuer). Refunds (if any) are at the discretion of Digitalgrad and will only be in the form of credit for the Services. Nothing in this Agreement obligates Digitalgrad to extend credit to any party.
12. Delinquent Payments; Suspension.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. User will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Digitalgrad in collecting such delinquent amounts. If User is late on payment for the Services, Digitalgrad may suspend the Services or terminate the Agreement for breach pursuant to Section.
No Purchase Order Number Required. For clarity, User is obligated to pay all applicable Fees without any requirement for Digitalgrad to provide a purchase order number on Digitalgrad’s invoice (or otherwise).

D. ACCEPTABLE USE
Short version: Digitalgrad hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.

1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Compliance with Laws and Regulations
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
2.1 is unlawful or promotes unlawful activities;
2.2 is or contains sexually obscene content;
2.3 is libelous, defamatory, or fraudulent;
2.4 is discriminatory or abusive toward any individual or group;
2.5 contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system)
2.6 infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using Digitalgrad Services, you agree that you will not under any circumstances:
3.1 harass, abuse, threaten, or incite violence towards any individual or group, including Digitalgrad employees, officers, and agents, or other Digitalgrad Users;
3.2 use our platform for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our platform, such as get-rich-quick schemes;
3.3 attempt to disrupt or tamper with Digitalgrad’s platform in ways that could harm our Website or Service, to place undue burden on Digitalgrad’s platform through automated means, or to access Digitalgrad’s Service in ways that exceed your authorization;
3.4 impersonate any person or entity, including any of our employees or representatives, including through false association with Digitalgrad, or by fraudulently misrepresenting your identity or site’s purpose; or
3.5 violate the privacy of any third party, such as by posting another person’s personal information without consent.
4. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Digitalgrad’s express written permission.
5. Scraping
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Digitalgrad’s API. Please see Section I for our API Terms. You may scrape the website for the following reasons:
5.1 Researchers may scrape public, non-personal information from Digitalgrad for research purposes, only if any publications resulting from that research are open access.
5.2 Archivists may scrape Digitalgrad for public data for archival purposes.
You may not scrape Digitalgrad for spamming purposes, including for the purposes of selling Digitalgrad users’ personal information, such as to recruiters, headhunters, and job boards.
All use of Digitalgrad data gathered through scraping must comply with Digitalgrad Privacy Statement.
6. Privacy
Misuse of Digitalgrad Users’ Personal Information is prohibited. Any person, entity, or service collecting data from Digitalgrad must comply with the Digitalgrad Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the Digitalgrad Privacy Statement). If you collect any Digitalgrad User’s Personal Information from Digitalgrad, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Digitalgrad, and you will respond promptly to complaints removal requests, and “do not contact” requests from Digitalgrad or Digitalgrad Users.

E. USER-GENERATED CONTENT
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Terms-view
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.
2. Possible Content Removal
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Digitalgrad terms or policies.
3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Content you create or own (“Your Content”). 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 Digitalgrad Users — certain legal permissions, listed in Sections E.4 — E.6. These license grants apply to Your Content. If you upload Content that already comes with a license granting Digitalgrad the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections E.4 — E.7. The licenses you grant to us will end when you remove Your Content from our platform, unless other Users have copied it.
4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our platform; share it with other users; and perform it, in case Your Content is something like music or video.
This license does not grant Digitalgrad the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
5. License Grant to Other Users
Any User-Generated Content you post publicly, including comments, and contributions to other Users’ repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and “fork” your repositories (this means that others may make their own copies of Content from your repositories in repositories they control.
If you set your pages and repositories to be viewed publicly, you grant each User of Digitalgrad a nonexclusive, worldwide license to use, display, and perform Your Content through the Digitalgrad Service and to reproduce Your Content solely on Digitalgrad as permitted through Digitalgrad’s functionality (for example, through forking). 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 Digitalgrad Users.
6. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, 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 E.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Digitalgrad 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 Service.

F. PRIVATE COLOOM CARDS
Short version: You may have access to private Coloom-Cards. We treat the content of private Coloom-Cards as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control of Private Coloom-Cards.
Some accounts may have private Coloom-Cards, which allow the User to control access to Content.
2. Confidentiality of Private Coloom-Cards
Digitalgrad considers the contents of private Coloom-Cards to be confidential to you. Digitalgrad will protect the contents of private Coloom-Cards 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.
3. Access
Digitalgrad employees may only access the content of your private Coloom-Cards in the following situations:
3.1 With your consent and knowledge, for support reasons. If Digitalgrad accesses a private Coloom-Card for support reasons, we will only do so with the owner’s consent and knowledge.
3.2 When access is required for security reasons.
You may choose to enable additional access to your private Coloom-Card. For example:
3.3 You may enable various Digitalgrad services or features that require additional rights to Your Content in private Coloom-Cards. These rights may vary depending on the service or feature, but Digitalgrad will continue to treat your private Coloom-Card Content as confidential. If those services or features require rights in addition to those we need to provide the Digitalgrad Service, we will provide an explanation of those rights.
3.4 You may also grant a third-party application authorization to use, access, and disclose the contents of your private Coloom-Cards. Your use of third-party applications is at your sole risk; Digitalgrad is not liable for disclosures to third parties that you authorize to access a private Coloom-Card.
4. Exclusions
If we have reason to believe the contents of a private Coloom-Card are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.

G. COPYRIGHT INFRINGEMENT
If you believe that content on our website violates your copyright, please contact us via email contact@coloom.io. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the accounts of repeat infringers of this policy.

H. INTELLECTUAL PROPERTY NOTICE
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Digitalgrad’s Rights to Content
Digitalgrad and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Digitalgrad, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Digitalgrad.
2. Digitalgrad Trademarks and Logos
If you’d like to use Digitalgrad’s trademarks contact us directly via email.

I. API TERMS
Short version: You agree to these Terms of Service, plus this Section I, when using any of Digitalgrad’s APIs (Application Provider Interface), including use of the API through a third party product that accesses Digitalgrad.

1. No Abuse or Overuse of the API
Abuse or excessively frequent requests to Digitalgrad via the API may result in the temporary or permanent suspension of your account’s access to the API. Digitalgrad, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed Digitalgrad’s rate limitations.
You may not use the API to download data or Content from Digitalgrad for spamming purposes, including for the purposes of selling Digitalgrad users’ personal information, such as to recruiters, headhunters, and job boards.
All use of the Digitalgrad API is subject to these Terms of Service and Digitalgrad Privacy Statement.
Digitalgrad may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Digitalgrad’s Service.

J. ADVERTISING ON DIGITALGRAD
We do not generally prohibit use of Digitalgrad for advertising. However, we expect our users to follow certain limitations.
Spamming and Inappropriate Use of Digitalgrad
Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any Digitalgrad terms or policies.

K. CANCELLATION AND TERMINATION
Short version: You may close your account at any time. If you do, we’ll treat your information responsibly.

1. Account Cancellation
It is your responsibility to properly cancel your account with Digitalgrad. You can cancel your account at any time by sending an email to contact@coloom.io
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.
We will not delete Content that you have contributed to other Users’ Coloom-Cards or that other Users have copied.
Upon request, we will provide an account owner with a copy of his/her lawful, non-infringing account contents after account cancellation, termination, or downgrade.
3. Digitalgrad May Terminate
Digitalgrad has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Digitalgrad reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

L. COMMUNICATIONS WITH DIGITALGRAD
Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required
For contractual purposes, you
1.1 consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and
1.2 agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to Digitalgrad Must Be in Writing
Communications made through email or Digitalgrad Support’s messaging system will not constitute legal notice to Digitalgrad or any of its officers, employees, agents or representatives in any situation where notice to Digitalgrad is required by contract or any law or regulation. Legal notice to Digitalgrad must be in writing.
3. No Phone Support
Digitalgrad only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

M. DISCLAIMER OF WARRANTIES
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
Digitalgrad provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Digitalgrad does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

N. LIMITATION OF LIABILITY
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
1.1 the use, disclosure, or display of your User-Generated Content;
1.2 your use or inability to use the Service;
1.3 any modification, price change, suspension or discontinuance of the Service;
1.4 the Service generally or the software or systems that make the Service available;
1.5 unauthorized access to or alterations of your transmissions or data;
1.6 statements or conduct of any third party on the Service;
1.7 any other user interactions that you input or receive through your use of the Service; or
1.8 any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

O. RELEASE AND INDEMNIFICATION
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release Digitalgrad from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Digitalgrad:
1.1 promptly gives you written notice of the claim, demand, suit or proceeding;
1.2 gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Digitalgrad of all liability); and
1.3 provides to you all reasonable assistance, at your expense.

P. CHANGES TO THESE TERMS
Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Q. MISCELLANEOUS

1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Digitalgrad and any access to or use of the Website or the Service are governed by the laws of Federal Republic of Germany. You and Digitalgrad agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Kiel, Germany.
2. Non-Assignability
Digitalgrad may assign or delegate these Terms of Service and/or the Digitalgrad Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section E.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Digitalgrad to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Digitalgrad to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of Digitalgrad, or by the posting by Digitalgrad of a revised version in accordance with Section P. Changes to These Terms. These Terms of Service, together with the Digitalgrad Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Digitalgrad relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
6.Thanks
These Terms are adapted from the freely licensed Terms from GitHub. Big Thank’s GitHub!

CONTACT US
If you have any questions about these Terms, please contact us: contact@coloom.io