Your Agreement with Containerum
Your use of the Containerum service is governed by this agreement (the “Terms”). “Containerum” means Containerum Inc., located at Latvia, Ozolnieku nov., Cenu pag., Āne, Muižnieku iela 9, LV-3043 , and its subsidiaries or affiliates involved in providing the Containerum Service. The “Containerum Services” means the services Containerum makes available through this website, including this website, the Containerum cloud computing platform, the Containerum API, and any other software or services offered by Containerum in connection to any of those.
In order to use the Containerum Services, you must first agree to the Terms. You can agree to the Terms by actually using the Containerum Services. You understand and agree that Containerum will treat your use of the Containerum Services as acceptance of the Terms from that point onwards.
You may not use the Containerum Services if you are a person barred from receiving the Containerum Services under the laws of the Latvia or other countries, including the country in which you are resident or from which you use the Containerum Services. You affirm that you are over the age of 14, as the Containerum Services are not intended for children under 14.
You agree your purchases of Containerum Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Containerum or any of its affiliates regarding future functionality or features.
Your Account and Use of the Containerum Services
You must provide accurate and complete registration information any time you register to use the Containerum Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Containerum immediately.
Your use of the Containerum Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
You agree not to (a) access (or attempt to access) the administrative interface of the Containerum Services by any means other than through the interface that is provided by Containerum in connection with the Containerum Services, unless you have been specifically allowed to do so in a separate agreement with Containerum, or (b) engage in any activity that interferes with or disrupts the Containerum Services (or the servers and networks which are connected to the Service).
Your account has “hard” and “soft” usage limits, as stated in your pricing plan. The Containerum Services does not permit you to exceed the hard usage limits. Containerum reserves the right to enforce soft usage limits in its sole discretion, which may result in Containerum serving a “quota exceeded” page to you or users to whom you serve web pages via the Containerum Services (“End Users”). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
You may use the Containerum Services only to develop and run applications on the Containerum infrastructure. You may not access the Containerum Services for the purpose of bringing an intellectual property infringement claim against Containerum or for the purpose of creating a product or service competitive with the Containerum Services.
Service Policies and Privacy
You agree to comply with the Containerum Acceptable Use Policy available at the “Acceptable Use Policy” which is incorporated herein by this reference and which may be updated from time to time.
You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to Containerum.
Acceptable Use Policy
Your use of the Service is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Containerum 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 the Containerum Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content:
Content that infringes a third party’s rights (e.g., copyright) according to applicable law;
Excessively profane content;
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;
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.
In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your End Users, to:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
a. sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
b. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
c. data mining any web property (including Containerum) to find email addresses or other user account information;
d. sending unauthorized mail via open, third-party servers;
e. sending emails to users who have requested to be removed from a mailing list;
f. selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
g. sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
Conduct or forward pyramid schemes and the like;
Transmit content that may be harmful to minors;
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
Promote or encourage illegal activity;
Interfere with other users’ enjoyment of the Service;
Perform significant load testing without first obtaining Containerum’s written consent (email permitted), as otherwise these may be treated as denial-of-service attacks;
Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;
Modify, adapt, translate, or reverse engineer any portion of the Service;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
Reformat or frame any portion of the web pages that are part of the Service’s administration display;
Use the Service in connection with peer-to-peer file sharing;
Use the Service to “mine” bitcoins and other cryptocurrencies;
Display any content on the Service that contains any hate-related or violent content or contains any 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;
Modify the Containerum logo or any other Containerum Marks;
Use the Service to operate an “open proxy” or any other form of Internet proxy service that is capable of forwarding requests to any End User or third party-supplied Internet host;
Use the Service to access a third party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to:
a. identify itself via a unique User Agent string describing the purpose of the web client; and
b. obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive;
Use the Service, or any interfaces provided with the Service, to access any Containerum product or service in a manner that violates the Terms or other terms and conditions for use of such Containerum product or service.
Containerum has certain soft and hard limits in using its service. Hard limits are automatically enforced by the Service. Soft limits are consumable resources that you agree not to exceed.
Network Bandwidth: 1TB/month - Soft
Fees for Use of the Containerum Services
Subject to the Terms, the Containerum Services is provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://containerum.com/price (or such URL as Containerum may provide).
For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Containerum fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Containerum incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Containerum’s measurements of your use of the Containerum Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Containerum and only in the form of credit for the Containerum Services. Nothing in these Terms obligates Containerum to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Containerum may be shared by Containerum with companies who work on Containerum’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Containerum and servicing your account. Containerum may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Containerum shall not be liable for any use or disclosure of such information by such third parties. Containerum reserves the right to discontinue the provision of the Containerum Services to you for any late payments.
Containerum may change its fees and payment policies for the Containerum Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Containerum may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
You may not develop multiple Applications to simulate or act as a single Application or otherwise access the Containerum Services in a manner intended to avoid incurring fees.
Tariff plans are showed below.
Tariff plans for the Namespace
|Tariff||CPU||RAM (Gb)||Included Volume(Gb)||Price ($/month)|
Tariff plans for the Volume
Tariff plans for the Engineering support
Content on the Containerum Services and Take Down Obligations
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Containerum Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the Containerum Services and any source code written by you to be used with the Containerum Services (collectively, “Applications”).
Containerum reserves the right (but shall have no obligation) to remove any or all Content from the Containerum Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Containerum. In the event that you elect not to comply with a request from Containerum to take down certain Content, Containerum reserves the right to directly take down such Content or to disable Applications.
In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user’s account on your Application. Containerum reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
You agree that you are solely responsible for (and that Containerum has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Containerum Services and for the consequences of your actions (including any loss or damage which Containerum may suffer) by doing so.
You agree that Containerum has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
You acknowledge and agree that Containerum (or Containerum’s licensors) own all legal right, title and interest in and to the Containerum Services, including any intellectual property rights which subsist in the Containerum Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Section 8, Containerum acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Containerum Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Containerum, you agree that you are responsible for protecting and enforcing those rights and that Containerum has no obligation to do so on your behalf.
License from Containerum and Restrictions
Containerum gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Containerum as part of the Containerum Services as provided to you by Containerum. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Containerum Services as provided by Containerum, in the manner permitted by the Terms.
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 Containerum 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 Containerum, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Containerum Services or any applications running on the Containerum Services.
Open source software licenses for components of the Containerum 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 Containerum for the use of the components of the Containerum Services released under an open source license.
License from You
Containerum claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Containerum Services you give Containerum a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Containerum to provide you with the Containerum Services. Furthermore, by creating an Application through use of the Containerum Services, you give Containerum a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Containerum to provide you with the Containerum Services.
By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Containerum Services functionality or features for the sole purpose of collaborating on development of the Application(s).
You may choose to or we may invite you to submit comments or ideas about the Containerum Services, including without limitation about how to improve the Containerum Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Containerum 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 Containerum, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Containerum Services.
Modification and Termination of the Containerum Services
Containerum is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Containerum Services which Containerum provides may change from time to time without prior notice to you. Changes to the form and nature of the Containerum Services will be effective with respect to all versions of the Containerum Services; examples of changes to the form and nature of the Containerum Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
You may terminate these Terms at any time by canceling your account on the Containerum Services. You will not receive any refunds if you cancel your account.
You agree that Containerum, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Containerum Services may be without prior notice, and you agree that Containerum will not be liable to you or any third party for such termination.
You are solely responsible for exporting your Content and Application(s) from the Containerum Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
Upon any termination of the Containerum Services or your account these Terms will also terminate, but Sections 6.1, 11, 12, 13, 14, and 18 shall continue to be effective after these Terms are terminated.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT CONTAINERUM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTAINERUM SERVICE IS AT YOUR SOLE RISK AND THAT THE CONTAINERUM SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
CONTAINERUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE CONTAINERUM SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONTAINERUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE CONTAINERUM SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE CONTAINERUM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND © USAGE DATA PROVIDED THROUGH THE CONTAINERUM SERVICES WILL BE ACCURATE.
LIMITATION OF LIABILITY
SUBJECT TO SECTION 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONTAINERUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON CONTAINERUM’S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT CONTAINERUM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
The Containerum Services may include hyperlinks to other web sites or content or resources or email content. Containerum may have no control over any web sites or resources which are provided by companies or persons other than Containerum.
You acknowledge and agree that Containerum is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Containerum is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Containerum may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
You understand and agree that if you use the Containerum Services after the date on which the Terms have changed, Containerum will treat your use as acceptance of the updated Terms.
General Legal Terms
The Terms constitute the whole legal agreement between you and Containerum and govern your use of the Containerum Services (but excluding any services which Containerum may provide to you under a separate written agreement), and completely replace any prior agreements between you and Containerum in relation to the Containerum Services.
There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
If Containerum provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
You agree that Containerum may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Containerum Services. By providing Containerum your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
You agree that if Containerum does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Containerum has the benefit of under any applicable law), this will not be taken to be a formal waiver of Containerum’s rights and that those rights or remedies will still be available to Containerum.
Containerum shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The Terms, and your relationship with Containerum under the Terms, shall be governed by the laws of Latvia without regard to its conflict of laws provisions. You and Containerum agree to submit to the exclusive jurisdiction of the courts located within Latvia to resolve any legal matter arising from the Terms.
Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Containerum Services upon written notice to the assigning party.
This document is an adaptation of the Google App Engine Terms of Service. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse Containerum or its use of the work.