devolute Cloud is a web-based, virtual, interactive environment for processes modula-tion. devolute Cloud is made available by devolute GmbH („devolute“) free of charge and for testing purposes only.
These Terms of Service apply to the use of the virtual environment " devolute Cloud ". devolute Cloud is provided as Software as a Service (SaaS) for the use of the functionalities of the software by the user via the internet free of charge and for testing purposes only.
devolute operates devolute Cloud on an external IT infrastructure (Cloud) and provides the user with access to the Software (Customer Account) via the Internet.
The use of the functionalities of devolute Cloud requires the creation of a user account.
There is no obligation to provide separate documentation for operation, installation or adaptation beyond the comments and explanations in the software itself (i.e. demo).
devolute Cloud may be used by the user exclusively on a non-productive basis, for the purpose of testing the functionalities of the devolute Cloud. Processing real data for the purpose of commercial use and processing of personal data is hereby explicitly excluded and prohibited.
As between devolute and the user, devolute owns all rights in and to the devolute Cloud and the devolute Services, including but not limited to all intellectual property rights therein. Except for the rights granted under these Terms of Service, nothing herein transfers any right, title or interest in the devolute Cloud or the devolute services or any intellectual property rights therein.
For the duration of the use of devolute Cloud, the user is granted a non-exclusive right, limited to the purpose specified in this Item 2, to use devolute Cloud. In particular, otherwise copying, distributing or passing on devolute Cloud or making it available to third parties is prohibited.
All uses of devolute Cloud by the customer that could impair the confidentiality or integrity of devolute’s information technology systems are prohibited.
The user shall ensure that its use of devolute Cloud is legally compliant. In particular, the user shall ensure that the uploaded and shared information, texts, images etc. do not violate data protection, competition, criminal, copyright, trademark, labelling, patent, labour, data protection or name law regulations or regulations for the protection of minors or otherwise infringe the rights of third parties.
devolute Cloud is provided free of charge and shall be exclusively used for non-productive use testing purposes only. devolute Cloud is only provided with the existing functions “as is”.
devolute shall be entitled at any time to modify, extend and adapt the devolute Cloud environment including the Software, in particular, by installing updates, new versions or other further developments of the Software (new program version). Respective modifications of devolute Cloud are also exclusively provided free of charge for non-productive use for testing purposes only.
The provision of devolute Cloud for testing purposes does not constitute a contractual performance by devolute to the user. Insofar contractual warranty and liability claims do not exist.
The use of devolute Cloud is permitted free of charge and for a limited period of time. Therefore, the application of the law of gratuitous loan (Section 598ff German Civil Code - BGB) is agreed as an analogy, if necessary. devolute shall only be liable for intent and gross negligence. As far as legal liability for defects exists, liability is limited to the fact that in case of fraudulent concealment of a defect in the right or a defect of devolute Cloud, devolute is obliged to compensate the user for the resulting damage. devolute shall not be liable for slight or simple negligence.
In case devolute is assuming any obligations of conduct towards the user, devolute does not assume liability for negligent breach of such obligations of conduct.
Liability without fault for defects already existing at the time of conclusion of the contract is expressly excluded.
The limitations of liability from this clause shall also apply in favour of vicarious agents (Section 278 German Civil Code) and organs of devolute.
The foregoing limitations of liability shall not apply to (i) any statutory claims of the user for damages resulting from injury to life, body or health, (ii) claims for damages due to the fraudulent concealment of a defect, (iii) claims due to the absence of a quality for which devolute has assumed a guarantee, (iv) claims under the German Product Liability Act (ProdHaftG) and (v) claims which are covered by Section 44 or Section 44a German Code on Telecommunications (TKG).
devolute Cloud is provided for testing purposes only and free of charge. devolute is entitled to discontinue the provision of devolute Cloud at any time, no reasons given.
Upon discontinuation, the user’s access to devolute Cloud shall be blocked or terminated. devolute is entitled to delete all data and access authorisations relating to the devolute Cloud account, in particular those on its own systems. The user shall be under obligation to immediately cease use of devolute Cloud.
These terms and conditions and all non-contractual claims, rights and obligations arising in connection with the use of devolute Cloud shall be governed by and interpreted in accordance with the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and the conflict of laws rules of international private law shall not apply.
Insofar as permissible by law, the location of devolute’s registered place of business shall be exclusive venue for all disputes arising from this contract. This includes disputes in connection with this contract.