Terms of Service
Last revised on February 16, 2017
1. Validity of these Terms and Conditions
Basically, when you sign up for an account on Depfu, we have to agree on some ground rules.
These terms and conditions apply to all business relations between users and Flowbyte - Florian Munz und Jan Krutisch GbR (referred to hereafter as "Flowbyte") that concern the service Depfu. The relevant version of this document is the most recent one available at the beginning of each user’s contract. The additional short explanation texts at the beginning of each section are only included for clarity and are not legally part of these terms and conditions. Any divergent terms and conditions on the side of the user are irrelevant unless Flowbyte explicitly approves them in writing. By signing up for an account on Depfu, the user agrees to these terms and conditions.
2. Services provided by Flowbyte
Basically, Depfu is an online tool for keeping your dependencies up to date. We will continue to work on and improve this service.
(1) With Depfu, Flowbyte offers a service that helps you keep your dependencies up to date.
(2) Depfu is a service made available over the internet. Flowbyte’s service does not include the internet access itself.
(3) Flowbyte reserves the right to continually improve and expand the service. Users are not entitled to any functionality beyond what is described under paragraph 1.
3. Concluding of the Agreement
Basically, once you sign up using your GitHub account you accept our terms of service.
(1) Using Depfu requires the opening of an account at https://depfu.com by using the users’s GitHub Sign-In.
(2) The opening of an account by the customer is deemed an offer to conclude this agreement. Flowbyte may at its own discretion accept this offer by explicitly accepting it or rendering services under this agreement.
(3) The person opening the account represents that he or she have legal authority to bind the legal entity he or she acts for to this agreement and may in knowledge of this agreement provide the GitHub Sign-Ins to Depfu.
4. Free test phase and contractual relationship
Basically, you can test Depfu for free during the trial period. If you decide to become a paying customer, please enter your payment data. Otherwise, your trial account will simply expire.
(1) The user may test Depfu during the trial period upon a free-of-charge basis. By no later than 14 days after the trial ends, the account will be deactivated and the usage relationship will be ended. By no later than 28 days after the trial ends, all data of the account will be deleted.
(2) When the user enters their payment details in their Account settings and clicks on the Purchase button, a paid contract will be established after the trial period ends. Payment is detailed in section 7 of this document.
(3) The contract has no fixed termination date and can be canceled according to the terms in section 8 of this document.
5. Free for open source
Basically, Depfu is free for open source projects.
(1) Users can use Depfu for free with their open source projects. You can sign up and use Depfu with your GitHub accounts and organisations at any time.
6. Information concerning the right of withdrawal
Basically, like with any other German service, the legal right of withdrawal in all its exquisite wording is naturally also valid for Depfu.
Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Florian Munz und Jan Krutisch GbR, Quickbornstr. 46, 20253 Hamburg, Germany, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (i.e. a letter or an email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
In case of your revocation of this contract we will reimburse you for all payments including shipping costs (except for the costs arising from your choice of a shipping method apart from standard shipping). We shall reimburse you immediately, at least within 14 days from the day we receive your notice of revocation of this contract. We will use the same payment method for the reimbursement as you used for the initial payment, unless otherwise explicitly agreed; you won’t be charged for the reimbursement.
7. Payment / Invoice
Basically, we charge monthly and in advance. The monthly fee can be paid by credit card and we’ll e-mail you an invoice. We may change the price in the future.
(1) The compensation of the services rendered by Depfu is calculated per month. The current prices are shown in the current price list of Depfu that is available on the website. The compensation is due monthly in advance.
(2) Invoices will be issued via email. Payments shall become due immediately upon issuance of the invoice. Payment must be made using the payment methods provided by Depfu from time to time and chosen by the customer in their Account settings.
(3) All prices in the price list are net-price. Value Added Tax will be added in the invoice if applicable.
(4) Depfu may alter the current price list and/or the structuring of prices with at least one month notice to the end of each quarter. Depfu will inform the customer via email about the price change. If the customer does not expressly disagree in writing within a month from the notification of change this is deemed to be their acceptance of the change. The customer will be informed about this circumstance in the notification of change.
8. End of Service / Cancellation
Basically, you can cancel the service at any time. We can cancel you as well — but will only do so if you do any mischief, or if you won’t pay despite multiple reminders.
(1) The user can cancel the contract for using Depfu at any time in their Account settings. The termination will become effective at the end of the current billing month. Should this not be available to the user, they can send a postal mail or email to Flowbyte.
(2) Flowbyte has the right to cancel the contract with the user without citing any reasons with prior notice of three months towards the end of the running month.
(3) Should the user default their monthly payment for more than four weeks, Flowbyte reserves the right to lock the account of the user.
(4) Should the user not pay their monthly payment for more than eight weeks, Flowbyte reserves the right to cancel the contract at the end of the running month. Flowbyte remains entitled to payment of the outstanding fees.
(5) In in case of abuse (see 9.3) of Depfu that leads to significant inhibition of the service of Flowbyte towards third parties, Flowbyte reserves the right to cancel this contract for exceptional reasons.
(6) A possible exceptional right to cancellation by the user or Flowbyte remains unaffected.
9. User Duties
Basically, for payments, we need correct payment data. Anything else can be anonymised as you see fit. Please be careful with your payment and account data, and don’t do anything illegal or abusive with Depfu.
(1) The user shall provide information that is required for payment (including the invoice address) and creation or modification of an account truthfully, and to keep it up to date.
(2) The user shall keep the login-data for their Depfu account from unauthorised third parties.
(3) The user is forbidden to abuse the services from Flowbyte, especially Depfu. Abuse is especially defined as:
- the publication of illegal or defamatory content
- the use of technical tools that inhibit the functionality of the services of the vendor (including, software, scripts, bots etc.)
(4) Flowbyte has the right to delete user content that is illegal and/or abusive immediately.
10. Usage Rights
Basically, from a copyright point of view, Depfu remains our tool. But of course we give you any usage rights that are required to make use of Depfu.
(1) Flowbyte grants every user a non-exclusive, non-transferable, spatially unlimited, but limited to the contract term, right to use Depfu for the duration of this contract for their own purposes. This usage right is non-transferrable.
(2) Depfu is a web service that is accessed via servers owned by Flowbyte. The software is not ceded to the user.
(3) Should there be any new versions, updates, upgrades or other changes on Depfu during the duration of this contract, these terms continue to apply.
11. Availability of Services
Basically, we can’t technically promise 100% uptime (nobody can), but we are doing our best!
(1) Due to the nature of the services, Flowbyte can not guarantee 100% unrestricted availability (as per 2.1). The availability of the service is guaranteed to be 99.5% in the year-average. Flowbyte is not responsible for limitations of their services due to internet connection issues. Flowbyte only guarantees the availability of the service up to their local internet end-point.
(2) Depfu makes use of multiple API providers. Flowbyte is not responsible for limitations and availability of these API providers, even if the API service inhibits the user’s service.
12. Limitation of Liability
Basically, we are responsible for Depfu. Within the limitation of liability generally and day to day with our reputation.
(1) Flowbyte is, without limit, liable for acts of gross negligence that lead to damages in the conjunction with the use of any contractually agreed services.
(2) Within acts of slight negligence, Flowbyte is liable in case of damage of life, body or health without limit.
(3) For free-of-charge services, Flowbyte will have no liability beyond the liability specified in paragraphs 1 and 2.
(4) In addition, Flowbyte is only liable in conjunction with paid services if it violates essential contractual obligations. Essential contractual obligations are abstractly defined as the obligations that make it possible to exercise a contract in the first place and of which a user can usually rely on. In these cases, the liability is limited to the usually occurring damage.
(5) The limited liability outlined in the previous clauses includes any agents of the service provider.
(6) The liability according to the German Produkthaftungsgesetz and other mandatory legal regulation remains unaffected.
13. Data Protection
Basically, your data is your data. We thank you for your trust in us. We will never violate this trust.
(1) Flowbyte claims no ownership or control over any Customer Source Code. You retain copyright and any other rights you already hold in the Customer Source Code and you are responsible for protecting those rights, as appropriate.
(2) The use of Depfu incurs the collection, processing and use of personal data. Flowbyte processes only personal data from users that is essential for the operation of the service Depfu. Sharing data with third parties only happens to fulfil this contract and is only done with selected partners.
(3) Personal data is at no time handed to unauthorised third parties. Especially private source code is not shared with third parties ever.
(4) For payment, transmission of personal data to third parties (like payment providers, banks, credit card companies) is strictly required. We only submit the data that is required to fulfil the payment transactions.
(5) At the end of the contract, all personal data is deleted unless data retention is required by law. In this case, data is locked.
14. Changes to these Terms of Service
Basically, should anything change, we’ll let you know.
(1) Flowbyte reserves the right to change these Terms of Service, to e.g. update them to reflect new legal regulations, or to introduce new services.
(2) The user will be notified about the changes via email. The email will highlight the changes to the respective regulations in the Terms of Service. The changes become effective if the user does not object to the changes within six weeks after receipt of changes. The user will be notified specifically via email about the possibility of objection and the corresponding deadline.
(3) Should the user object to the changes to the Terms of Service, Flowbyte has the right to cancel the contract at the end of the current month.
15. Closing Provisions
Basically, that’s it! If there is any problem, please talk to us. We are sure we’ll find a fair solution. Thank you!
(1) Exclusively, the law of the Federal Republic of Germany applies. UN Convention on Contracts for the International Sale of Goods is excluded.
(2) If the user is a merchant, juristic person or corporate body under public law or a special fund under public law, the place of jurisdiction is the place of business of Flowbyte for any disputes relating out of this contract.
(3) In the event that any provision in this agreement is or becomes invalid or unenforceable or is incomplete the validity of the remainder of this agreement shall not be affected.