Terms of Service
Terms of Service by Wiretrustee UG (haftungsbeschränkt) for the use of the NetBird services.
§ 1 Scope
These terms of service by Wiretrustee UG (haftungsbeschränkt) for the use of the NetBird tool (as applicable from time to time "ToS") apply for contracts between Wiretrustee UG (haftungsbeschränkt) ("Wiretrustee") and its customers as business persons (section 14 German Civil Code, Bürgerliches Gesetzbuch (BGB)) ("Customer") regarding the use of the 'Wiretrustee' IT tool (software-as-a-service) ("Software" or "Tool") as described in detail on https://netbird.io ("Website") and and related services (the Software and related services jointly the "Service(s)"). The provided scope of the Services depends on the package the Customer subscribes for.
The Customer shall be fully responsible for the compliance with these ToS by its respective users using the Services. Customer shall support Wiretrustee in respect to the Services within reasonable scope.
§ 2 Availability; Changes to the ToS
The ToS are available on the Website https://netbird.io/ at any time.
Wiretrustee is entitled to change these ToS at any time with a reasonable notice period. After the publication of an amendment notice, the Customer has an extraordinary right of termination of the agreement based in these ToS. The changes shall be deemed approved, if the Customer does not object in writing to the changes within the reasonable notice period and has been notified of such effect in the respective amendment notification.
§ 3 Services provided by Wiretrustee
The use of the Software requires the successful registration as well as the set-up of a user administration account ("Account") via the Website. Customer must fill in all required fields in the sign-up form truthfully and completely. By clicking on the respective sign-up-button the Customer submits an offer on the conclusion of an agreement to use the Tool (and related Services) and agrees to these ToU valid at the time of registration. Wiretrustee accepts this offer in writing or by providing the Service.
There is no legal entitlement for using the Service provided. Wiretrustee has the right to stop or deny any registration without giving any reasons.
Wiretrustee makes the Tool available on its own servers or on the server of an engaged data processor ("Data Centre"). The Software is kept available via this Data Centre along with the data that is recorded, elevated, used and held, saved onto the open platform and kept available for remote data access in the interest of intended polling. Use of the Tool will be made available to the Customer by Wiretrustee from the router output via the Data Centre. The establishing and maintaining of the data connection between the Tool user's end device and the delivery point operated by Wiretrustee falls under the Customer's responsibilities. Accessing the data saved onto the Tool will no longer be possible for the Customer after termination of the agreement.
Access to the Tool and the stored data is possible at all times outside of the maintenance window, unless Wiretrustee is required to carry out emergency support works or take other urgent measures in order to maintain the Tool's usability. The object or source code of the Software will not be disclosed.
Wiretrustee is not obliged to make a document or a separate instructions manual available to the Customer. Wiretrustee will give an overview of the Tool's basic functions and will give the Customer access to the relevant information, if necessary.
§ 4 Intellectual Property Rights
Customer acknowledges that all copyrights, trademarks, and other intellectual property rights in and relating to the Services are owned by or licensed to Wiretrustee.
§ 5 Rights in case of defects; Changes to and development of the Tool
The Software made available to Customer shall essentially correspond to the product description according to this agreement. Warranty claims do not exist in the case of an insignificant deviation from an agreed or presumed quality and in the case of only insignificant impairment of usability.
As a matter of principle, the statutory provisions for warranty in rental contracts shall apply. The provisions set forth in section 536b BGB (Kenntnis des Mieters vom Mangel bei Vertragsschluss oder Annahme) and section 536c BGB (Während der Mietzeit auftretende Mängel; Mängelanzeige durch den Vermieter) shall apply. However, the provisions set forth in section 536a para. 2 BGB (Selbstbeseitigungsrecht des Mieters) are excluded. Also excluded is the application of Section 536a para. 1 BGB (Schadensersatzpflicht des Vermieters) insofar as such provision causes liability regardless of fault and not due to any guarantee.
In all other respects, the provisions of service contract law (section 611 et seq. BGB) shall apply.
According to § 2 above, Wiretrustee is entitled to change the design and to adapt the structure and functions of the Tool and will inform the Customer of any significant changes. If Wiretrustee is obliged to remove any errors / shortcomings of the Tool and to bring about / maintain the contractually elaborated nature of the Tool, Wiretrustee is entitled to choose the method in which it removes said shortcomings. Wiretrustee is entitled to decline the use of the Tool and the saved data once a week for a maximum of two (2) hours, in order to be able to bring changes to the tool or to carry out other maintenance activities. Wiretrustee will try to keep the limitations to a minimum, for example by carrying out the works at night. Customer notes that Wiretrustee may not be responsible for any interruptions of the Tool caused by the engaged third party providers. Any binding statutory rights of Customer related to rights in case of defects shall remain unaffected.
In the event of any defects or errors relating to the Services Customer shall report such defects or errors via email to email@example.com and include sufficient details relating to the defect in such reporting.
§ 6 Content; Rights Grant
When using the Tool and Services Customer (or its users) may provide or upload content in or as part of the Services such as texts, photos, graphics, etc. ("Content"). In general, all copyrights, trademarks, and other intellectual property rights in and relating to such Content shall be owned by or licensed by Customer. When providing any Content in the Services Customer grants to Wiretrustee for the term of the agreement a world-wide, non-exclusive, royalty-free, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute Content on and through the Services. If such Content is provided to Wiretrustee via feedback on the features of the Services such license according to the foregoing sentence shall be unlimited in time and extended to the scope for any use to improve the Services.
Customer bears responsibility for ensuring that the Content entered comply with the relevant laws and regulations, and, importantly, do not infringe any third party's rights.
§ 7 Customer's Warranty
Customer hereby represents and warrants that, as applicable, (i) it owns such Content provided, holds the necessary rights or is otherwise authorized to use such Content for the purpose of the Service, and (ii) such Content does not infringe any third party rights (copyrights, trademarks, other intellectual property rights) or infringes such third party's privacy.
Should Wiretrustee be notified that a profile contains unlawful content (such as texts, photos, videos etc.), Wiretrustee is legally entitled to block this profile temporarily or permanently, Wiretrustee will inform the Customer of the third party's complaint, allow the Customer (or its user) to justify the related statement and forward the justification to the third party if reasonable.
§ 8 Prohibited Use
Customer agrees not to upload, transmit, support, incite, promote or otherwise make available any content that is or could reasonably be viewed as unlawful, racist, hostile, violent, discriminatory (including relating to race, religion, sex, sexual orientation, age, disability, ancestry or national origin), harmful, harassing, defamatory, vulgar, obscene or otherwise objectionable or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Wiretrustee has the right to remove uploaded content, if Wiretrustee decides in its sole discretion that it results in or from a breach of law or any part of these ToS.
In particular, Customer (or users) may not
- use the Services for any other purpose than provided for in these ToS, in particular, not offer the Services to unauthorized third parties or sell, sub-license, lease, transfer or otherwise commercially exploit the Software;
- interfere with or disrupt the Services or servers or networks;
- remove or amend any proprietary notices or other ownership information from the Service;
- collect or harvest any personally identifiable information, including account names, from the Service;
- decompile, reverse engineer, disassemble or hack any of the Service or defeat or overcome any of Wiretrustee's (or engaged third party providers') encryption technologies or security measures;
- conduct any action that restricts or inhibits anyone's use or enjoyment of the Service or may harm or offend or expose Wiretrustee or its users to liability, in particular refrain from use that can disable, overburden, damage or impair the Service (or the ability to engage in real time activities via the Service) or use of robots, spiders or other automatic device, process or mean (to access the Service);
- use any device, software or routine to interfere with the proper working of the Service, in particular, not use any viruses, trojan horses, worms, logic bombs or anything malicious or technologically harmful;
- not perform attempts for unauthorised access, interference, damage or disrupt, copying, distributing or disclosing any parts of the Service;
- transmit or procure of any junk mail, chain letter, spam, or any other similar solicitation;
- harm minors by exposure of inappropriate content, including but not limited to Content;
- impersonate Wiretrustee, Wiretrustee's employees or other users of the Service or their employees;
- pursue any threatening, fraudulent, harmful purpose or activity; and/or
- use the Services in any other way not permitted by these ToS.
In the event of a violation of the above by the Customer Wiretrustee shall be entitled to deny access to the Services (temporarily) and - if reasonable - immediately terminate the agreement.
§ 9 Customer Account and Information
Depending on the package the Customer has chosen for the use of the Tool, Customer may set up additional user accounts via the admin Account and control and edit the admin rights relating to such additional user accounts. Customer shall be solely responsible for such Account and additional user accounts (if any) according to the details set out in these ToS.
If there are any changes to the Customer's relevant information, e.g. billing or email address, Customer is obliged to inform Wiretrustee of the new data immediately in writing, for example via changing the settings in the Account, provided this is relevant to the fulfillment of the agreement.
§ 10 Liability of Wiretrustee
For services by Wiretrustee free of charge the following shall apply: To the extent that Wiretrustee provides services to you free of charge, Wiretrustee shall only be liable in accordance with the statutory provisions, provided that claims for damages are based on willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).
For services by Wiretrustee against payment the following shall apply: To the extent that Wiretrustee provides services to you against payment, Wiretrustee shall only be liable for any loss or damages caused by willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit). Wiretrustee shall only be liable for slight negligence, if an essential contractual obligation is violated, which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose.
The limitation of liability in the above mentioned paragraphs of this Section does not apply to claims for damages that result from injury to life, body or health, in cases of warranting for the condition of a product or service, under the Product Liability Act and in cases of fraudulent concealment of defects by Wiretrustee.
The limitation and/or restriction of Wiretrustee's liability in this Section shall equally apply to the personal liability of its legal representatives, officers, employees, assistants in performance and agents.
§ 11 Term; Termination
The agreement based on the ToS is entered into for an indeterminate period of time and can be terminated by each party by the end of the month with a notice period of 14 days. The right to termination for cause remains unaffected. Any termination shall be in text form. The Customer may cancel the Services at any time by logging into the Account. After the cancellation being effective, the customer's Account will be inactivated and the Customer will no longer be able to log into the Website and/or have any access to the Services.
§ 12 Confidentiality
Each party agrees and undertakes, with respect to any information received by the respective other party marked as 'confidential' or appearing confidential ("Confidential Information"):
to examine and use all Confidential Information only for the purpose of the Services, and not to use the Confidential Information for its own benefit or to compete or obtain advantage vis-à-vis each party's in any commercial activity or transaction which may adversely affect such party; not to disclose Confidential Information to any third party, whether in whole or in part either directly or indirectly in any shape or form, except to each party's employees or representatives and/or other users of the Service as is reasonably required in connection with using the Service; not to copy, reproduce or reduce to writing any part of the Confidential Information except as may be reasonably necessary pursuant to the first bullet point above and to ensure that any copies, reproductions or reductions to writing so made shall be the property of the respective party.
This obligation shall not apply to any information that is or becomes generally known to the public through no fault or breach of these ToS or any other confidentiality obligation applicable; is legally known to a party at the time of disclosure without an obligation of confidentiality; or a party rightfully obtains from a third party without restriction on use or disclosure and without a breach of a confidentiality obligation by such third party.
Each party is obligated to inform the respective other party immediately if such party becomes aware of any violation of this Section.
Nothing in these ToS grant any rights to any party under any patent, copyright, trade secret or other intellectual property right nor will these ToS grant any rights in or to the Confidential Information except as expressly set forth in these ToS.
§ 13 Personal Data and Privacy
§ 14 References; Feedback
Customer agrees that Wiretrustee may identify the Customer (or company and use company's logo) on the Website and in marketing materials to identify Customer (or company and use company's logo) as a user of the Services, and Customer hereby grants Wiretrustee a non-exclusive, royalty-free license to do so on the Website or in any media now or later developed in connection with any marketing, promotion or advertising of the Website or the Services, and if Customer provides suggestions, ideas, feedback, or recommendations to Wiretrustee regarding the Website or the Services ("Feedback"), Wiretrustee will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as Wiretrustee sees fit, without any obligation or restriction of any kind to Customer.
§ 15 Final Provisions
If these ToS refer to written form text form according to section 126b BGB (for example via email) shall be sufficient.
This agreement and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods (CISG). Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which a consumer has his usual place of residence, shall not be affected.
Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be the registered office of Wiretrustee, provided Customer is a business person and to the extent permitted by and compatible with the law.
In case individual provisions in these ToS, including this provision, are or become invalid, or in case of gaps arising in these ToS, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision will apply. In case this may constitute an unreasonable hardship for one of the contracting parties the contract shall become ineffective as a whole.