1.1 Your use of the GraphCMS service is governed by this agreement (the "Terms"). "GraphCMS" means GraphCMS GmbH and its subsidiaries or affiliates involved in providing the GraphCMS Service. The "GraphCMS Services" means the services GraphCMS makes available through this website, including this website, the GraphCMS cloud computing platform, the GraphCMS API, the GraphCMS Add-ons, and any other software or services offered by GraphCMS in connection to any of those.
1.2 In order to use the GraphCMS Services, you must first agree to the Terms. You can agree to the Terms by actually using the GraphCMS Services. You understand and agree that GraphCMS will treat your use of the GraphCMS Services as acceptance of the Terms from that point onwards.
1.3 You may not use the GraphCMS Services if you are a person barred from receiving the GraphCMS Services under the German laws or other countries, including the country in which you are resident or from which you use the GraphCMS Services. You affirm that you are over the age of 18, as the GraphCMS Services may not be used by children under 18.
1.4 You agree your purchases of GraphCMS Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by GraphCMS or any of its affiliates regarding future functionality or features.
1.5 The GraphCMS service offerings are directed only to business customers. Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
2.1 You must provide accurate and complete registration information any time you register to use the GraphCMS 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 GraphCMS immediately.
2.2 Your use of the GraphCMS Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the GraphCMS Services by any means other than through the interface that is provided by GraphCMS in connection with the GraphCMS Services, unless you have been specifically allowed to do so in a separate agreement with GraphCMS, or (b) engage in any activity that interferes with or disrupts the GraphCMS Services (or the servers and networks which are connected to the Service).
2.4 You may use the GraphCMS Services only to develop and run applications on the GraphCMS infrastructure. You may not access the GraphCMS Services for the purpose of bringing an intellectual property infringement claim against GraphCMS or for the purpose of creating a product or service competitive with the GraphCMS Services.
3.1 You agree to comply with the GraphCMS Acceptable Use Policy available at acceptable use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
3.3 You agree that you will protect the privacy and legal rights of the End Users of your application. You must obtain any consents required by applicable data protection laws and provide legally adequate privacy notice, access, 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 End Users aware that the information will be available to your application and to GraphCMS.
4.1 Subject to the Terms, the GraphCMS Services are 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://www.graphcms.com/pricing (or such URL as GraphCMS may provide).
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in GraphCMS fees and payment policies, if different. Late payments may bear interest at the rate of annually 9 % above base interest rate (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 GraphCMS incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on GraphCMS's measurements of your use of the GraphCMS Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of GraphCMS and only in the form of credit for the GraphCMS Services. Nothing in these Terms obligates GraphCMS to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to GraphCMS may be shared by GraphCMS with companies who work on GraphCMS's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to GraphCMS and servicing your account. GraphCMS 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. GraphCMS shall not be liable for any use or disclosure of such information by such third parties. GraphCMS reserves the right to discontinue the provision of the GraphCMS Services to you for any late payments.
4.3 GraphCMS may change its fees and payment policies for the GraphCMS 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 GraphCMS may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
5.1 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 GraphCMS 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 GraphCMS Services and any source code written by you to be used with the GraphCMS Services (collectively, "Applications").
5.2 GraphCMS reserves the right (but shall have no obligation) to remove any or all Content from the GraphCMS Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from GraphCMS. In the event that you elect not to comply with a request from GraphCMS to take down certain Content, GraphCMS reserves the right to directly take down such Content or to disable Applications.
5.3 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. GraphCMS reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 You agree that you are solely responsible for (and that GraphCMS 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 GraphCMS Services and for the consequences of your actions (including any loss or damage which GraphCMS may suffer) by doing so.
5.5 You agree that GraphCMS 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.
6.1 You acknowledge and agree that GraphCMS (or GraphCMS's licensors) own all legal right, title and interest in and to the GraphCMS Services, including any intellectual property rights which subsist in the GraphCMS Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, GraphCMS 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 GraphCMS 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 GraphCMS, you agree that you are responsible for protecting and enforcing those rights and that GraphCMS has no obligation to do so on your behalf.
7.1 GraphCMS grants you a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GraphCMS as part of the GraphCMS Services as provided to you by GraphCMS. This license is for the sole purpose of enabling you to use and enjoy the benefit of the GraphCMS Services as provided by GraphCMS, in the manner permitted by the Terms.
7.2 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 GraphCMS 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 GraphCMS, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the GraphCMS Services or any applications running on the GraphCMS Services; or (c) use the GraphCMS Services in any way that may subject the GraphCMS Services to any obligations under any open source software license, including, without limitation any license which imposes any obligation or restriction with respect to GraphCMS’s patent or other intellectual property rights in the GraphCMS Services.
7.3 Open source software licenses for components of the GraphCMS 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 GraphCMS for the use of the components of the GraphCMS Services released under an open source license.
8.1 GraphCMS 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 GraphCMS Services you give GraphCMS 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 GraphCMS to provide you with the GraphCMS Services. Furthermore, by creating an Application through use of the GraphCMS Services, you give GraphCMS 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 GraphCMS to provide you with the GraphCMS Services.
8.2 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 GraphCMS Services functionality or features for the sole purpose of collaborating on development of the Application(s).
8.3 You may choose to or we may invite you to submit comments or ideas about the GraphCMS Services, including without limitation about how to improve the GraphCMS Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place GraphCMS 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.
8.4 You agree that GraphCMS, 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 GraphCMS Services.
9.1 GraphCMS 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 GraphCMS Services which GraphCMS provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the GraphCMS Services will be effective with respect to all versions of the GraphCMS Services; examples of changes to the form and nature of the GraphCMS Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
9.2 You may terminate these Terms at any time by canceling your account on the GraphCMS Services. You will not receive any refunds if you cancel your account.
9.3 You agree that GraphCMS, 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 GraphCMS Services may be without prior notice, and you agree that GraphCMS will not be liable to you or any third party for such termination.
9.4 You are solely responsible for exporting your Content and Application(s) from the GraphCMS 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).
9.5 Upon any termination of the GraphCMS Services or your account these Terms will also terminate, but Sections 6.1, 9, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 13, SHALL EXCLUDE OR LIMIT GRAPHCMS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE GRAPHCMS SERVICE IS AT YOUR SOLE RISK AND THAT THE GRAPHCMS'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
10.3 GRAPHCMS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE GRAPHCMS'S SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GRAPHCMS'S, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE GRAPHCMS'S SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE GRAPHCMS'S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE GRAPHCMS'S SERVICES WILL BE ACCURATE.
11.1 GraphCMS shall be liable under the terms of this Agreement in accordance with the provisions set out under (a) to (e):
(a) GraphCms shall be unrestricted liable for losses caused intentionally or with gross negligence by graphcms, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance graphcms's liability shall be as set forth in the provisions for simple negligence in (e) below.
(b) Graphcms shall be unrestricted liable for death, personal injury or damage to health caused by the intent or negligence of graphcms, its legal representatives or assistants in performance.
(c) graphcms shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable by graphcms at the time the warranty was given.
(d) graphcms shall be liable in accordance with the German Product Liability Act in the event of product liability.
(e) graphcms shall be liable for losses caused by the breach of its primary obligations by graphcms, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which Licensee may rely. If grpahcms breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by graphcms at the time the respective service was performed.
11.2 graphcms shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken.
11.3 Any more extensive liability of graphcms is excluded on the merits.
12.1 You agree to hold harmless, defend and indemnify GraphCMS, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "GraphCMS and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the GraphCMS Services, (c) your violation of applicable laws, rules or regulations in connection with the GraphCMS Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GraphCMS will provide you with written notice of such claim, suit or action.
13.1 You agree to set up a process to respond to notices of alleged infringement that comply with german applicable intellectual property laws and the United States' Digital Millennium Copyright Act ("DMCA notices"). It is GraphCMS's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
14.1 The GraphCMS Services may include hyperlinks to other web sites or content or resources or email content. GraphCMS may have no control over any web sites or resources which are provided by companies or persons other than GraphCMS.
14.2 You acknowledge and agree that GraphCMS 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.
14.3 You acknowledge and agree that GraphCMS is not liable for any loss or damage which may be incurred by you or your End Users as a result of the content or 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.
15.1 GraphCMS 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.
15.2 You understand and agree that if you use the GraphCMS Services after the date on which the Terms have changed, GraphCMS will treat your use as acceptance of the updated Terms.
16.1 Except to the extent you and GraphCMS have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and GraphCMS and govern your use of the GraphCMS Services (but excluding any services which GraphCMS may provide to you under a separate written agreement), and completely replace any prior agreements between you and GraphCMS in relation to the GraphCMS Services.
16.2 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.
16.3 If GraphCMS 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.
16.4 You agree that GraphCMS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the GraphCMS Services. By providing GraphCMS 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.
16.6 GraphCMS 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, nuclear missiles, chemical or biological weapons, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
16.7 The Terms, and your relationship with GraphCMS under the Terms, shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods dated 11.4.1980).
16.8 The courts for GraphCMS's registered office shall have exclusive jurisdiction over all disputes under and in connection with this Agreement, provided that you are a merchant within the meaning of the German Commercial Code or if upon the commencement of legal proceedings, you has no place of business or ordinary residence in the Federal Republic of Germany.
16.9 You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of GraphCMS (not to be unreasonably withheld).
16.10 Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such an event be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in the Agreement.
Your use of the Service is subject to this Acceptable Use Policy. GraphCMS reserves the right to terminate your account and cease all service if you are found to be in violation of this policy. We may change these policies at any time. It is your responsibility to keep up-to-date with and adhere to them. 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:
Customer agrees not to, and not to allow third parties (including End Users) to use the Service:
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