The following terms and conditions govern all use of the deamonic.net website, or any other website owned and operated by Deamonic which incorporate these terms and conditions) (the “Website”), including all content, services and support packages provided on via the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, procedures that may be published from time to time on this Website by Deamonic (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of the services. If these terms and conditions are considered an offer by Deamonic, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 14 years old.
Ownership, copyright, and title of any software that is developed by Deamonic or their software providers and business partners shall at all times remain with the owner. You shall not acquire directly, indirectly or by implication any title, copyright or ownership in the software or any parts thereof. We do not claim any ownership rights to the information that you submit to the Deamonic source control application itself, your code is yours.
2. Your Account and Website
If you create an account on this Website or any other website owned or operated by Deamonic, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Deamonic of any unauthorized use of your account or any other breaches of security. Deamonic will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Acceptable Use of Your Account and the Website
By accepting this Agreement, you agree not to use, encourage, promote, or facilitate others to use, the Website, service or your account in a way that is harmful to others ("Acceptable Use"). Examples of harmful use include, but are not limited to, engaging in illegal or fraudulent activities, infringing upon others' intellectual property rights, distributing harmful or offensive content that is defamatory, obscene, abusive, an invasion of privacy, or harassing, violating the security or integrity of any computer, network or communications system, and taxing resources with activities such as cryptocurrency mining.
4. Payment and Renewal for Subscriptions Purchased Through the Website
By selecting a subscription, you agree to pay Deamonic the annual subscription fees indicated for that service. Subscription fees are not refundable except within the first 35 days of the subscription. The subscription fee will be specified on your invoice. Unless you notify Deamonic before the end of the applicable subscription period that you want to cancel the subscription will renew automatically. Deamonic reserves the right to adjust the rate at renewal time. You authorize us to collect the then-applicable annual subscription fee using any credit card or another payment mechanism we have on record for you. All subscriptions are subject to the terms and conditions of the Deamonic Subscription Terms.
5. Responsibility of Website Visitors
Deamonic has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Deamonic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Deamonic disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. You are encouraged to report any violations of our Acceptable Use requirements to Deamonic Managment and customer care.
6. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which this website links, and that link to this website. Deamonic does not have any control over those non-Deamonic websites and web pages and is not responsible for their contents or their use. By linking to a non-Deamonic website or webpage, Deamonic does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Deamonic disclaims any responsibility for any harm resulting from your use of non-Deamonic websites and web pages.
7. Copyright Infringement and DMCA Policy
As Deamonic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Deamonic violates your copyright, you are encouraged to notify Deamonic in accordance with our DMCA policy.
8. Data Privacy
You shall ensure that any and all information or data, including without limitation, personal data, used by you in connection with the Agreement (“User Data”) is collected, processed, transferred and used in full compliance with Applicable Data Protection Laws (as defined below) and that it has all obtained all necessary authorizations and consents from any data subjects to process User Data. If applicable, you shall adopt and maintain appropriate organizational, technical and security measures prior to any such collection, processing or transfer in order to protect against unauthorized access to or use of User Data. You shall immediately inform Deamonic upon becoming aware of any breach within the meaning of Applicable Data Protection Law relating to User Data (a “Security Incident”) and to cooperate with Deamonic in any investigation thereof and in the implementation of any measures reasonably required to be taken in response thereto. If required by Applicable Data Protection Laws, the parties will enter into standard contractual clauses under GDPR (as defined below) for the transfer of any User Data outside of the European Union. For purposes hereof: (a) “Applicable Data Protection Laws” means any applicable laws, statutes or regulations as may be amended, extended or re-enacted from time to time which relate to personal data including without limitation (i) prior to 25 May 2018, the EU Data Protection Directive 95/46/EC as transposed into EU Member State law; (ii) from and after 25 May 2018, GDPR and any EU Member State laws implementing the GDPR; and (iii) the e-Privacy Directive 2002/58/EC, as amended and as transposed into EU Member State law and any legislation replacing the e-Privacy Directive and (b) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). ( For Deamonic Source Control Contributors Only) As part of your voluntary contribution to any Deamonic project, by agreeing to these terms, you are acknowledging and agreeing that your name and email address will become embedded and part of the repository, which may be publicly available. You understand the removal of this information would be impermissibly destructive to the project and the interests of all those who contribute, utilize, and benefit from it. Therefore, in consideration of your participation in any project, you understand that retaining your name and email address, as described above, does not require your consent and that the right of erasure, as spelled out in the GDPR Article 17 (1) b does not apply. The legal basis for our lawful processing of this personal data is Article 6 (1) f ("processing is necessary for the purposes of the legitimate interests pursued by the controller").
9. Intellectual Property
This Agreement does not transfer from Deamonic to you any Deamonic or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Deamonic. Deamonic, the Deamonic logo, and all other trademarks, service marks, graphics and logos used in connection with Deamonic, or the Website are trademarks or registered trademarks of Lukas Dürr or Deamonic licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Deamonic or third-party trademarks.
Deamonic reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Deamonic may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Deamonic may also, in the future, remove features at any time without warning.
11. General Representation
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Deamonic may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Deamonic Source Control or any other account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Limitation of Liability
In no event will Deamonic or any of its affiliates, its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any damages whatsover. Deamonic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Deamonic, its affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Agreement, including but not limited to your violation of this Agreement.
15. Disclaimer of Warranty
The Website is provided “as is”. Deamonic and its affiliates, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Deamonic nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
16. Partial Invalidity
If any provision of this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
17. Failure to Enforce
The failure of either party to enforce at any time, or for any period of time, the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision.
18. Dispute Resolution
The parties will engage in good faith negotiations to resolve the dispute for a period of ten (10) business days after written notice of the dispute or issue is provided by one party to the other. Within such ten (10) business days, representatives from each party will engage in negotiations to resolve the dispute, and such individuals will meet in person, via video conference or via telephone and attempt to informally resolve the dispute or issues. If those persons are unable to resolve the dispute within such ten (10) business days, then unless the parties have mutually agreed to extend the negotiation period, a party may exercise its rights available to such party under this Agreement or otherwise.
Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, which has not been resolved via the process laid out in Dispute resolution will then be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the German Law. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Munich or Frankfurt, Germany. The arbitral procedure shall be conducted in the English language. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
20. Governing law
This Agreement shall be governed by and interpreted in accordance with the laws of Germany.