Legal

Business license terms

These terms apply to Deckloud for Organizations and the Deckloud provider plan.

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1. Scope and parties

  1. These terms govern the right to use Deckloud Pro under an organization license between Phạm Huy Hoàng, Thôn Bằng Gia, Tân Việt, Bình Giang, Hải Dương, Vietnam ("Deckloud", see the imprint) and the licensee.
  2. The offer is directed exclusively at organizations and professional buyers. At checkout, the buyer confirms that it acts for business purposes.
  3. Licenses are sold by Polar Software, Inc. ("Polar") as reseller and merchant of record. The purchase contract, payment and invoicing are with Polar under Polar's terms. These terms govern the scope and use of the license.
  4. Conflicting terms of the licensee do not apply, even if Deckloud does not object to them.

2. Definitions

  • Licensed server: a Nextcloud server address that is bound to the license.
  • Active user: a person who uses Deckloud on a licensed server. Under an Organizations license, a user with the same Nextcloud user ID on several licensed servers counts once.
  • Seat limit: the number of users purchased.
  • Reported users: the number of users the Deckloud apps reported to Deckloud in the last 30 days. Deckloud cannot verify this number.
  • Paid period: the current yearly (Organizations) or monthly (provider plan) billing period.

3. License scope

  1. Deckloud grants the licensee a non-exclusive, non-transferable right, limited to the term, to let active users of licensed servers use the Deckloud Pro features in the Deckloud apps.
  2. An Organizations license covers up to 2 licensed servers and the purchased seat limit. The seat limit applies to all licensed servers together. A provider license covers any number of licensed servers and active users and is billed per licensed server.
  3. The licensee must purchase at least as many seats as the license has active users, or limit the license to a Nextcloud group that fits the seat limit. If the active users exceed the seat limit, the licensee must increase the seat limit in the Polar customer portal without undue delay. Deckloud does not enforce the seat limit technically and never removes Pro because of the number of reported users. Deckloud shows the reported users to the licensee for information.
  4. Resale, sublicensing or making the license available to third parties is not permitted. Under the provider plan, the licensee may make Deckloud Pro available to users of the servers it operates for its customers.
  5. The provider plan is available only to hosting providers that offer Nextcloud to third-party customers. A provider license may only be used on servers the licensee operates for third-party customers. If the licensee uses a provider license for its own staff, Deckloud may convert it to the Organizations plan at the next renewal.
  6. The licensee must not circumvent the license check, alter reported usage data or pass on license keys and tokens to unauthorized persons.

4. Term and cancellation

  1. Organizations licenses run for one year and renew automatically by one year. Provider licenses run for one month and renew automatically by one month.
  2. The licensee can cancel at any time in the Polar customer portal. Cancellation takes effect at the end of the paid period.
  3. The right of both parties to terminate for good cause remains unaffected.
  4. A canceled license and the licenses on the devices end at the end of the paid period. If a renewal payment is late, devices keep Pro for at most 7 days after the paid period. Then devices fall back to the free version. No data is deleted.

5. Prices and price changes

  1. The prices shown at checkout apply. Polar adds VAT where it applies.
  2. Deckloud may change prices with effect from the next renewal. Deckloud announces changes at least 30 days before the renewal by email to the billing contact. The licensee can cancel before the change takes effect.
  3. Seat changes during the paid period are charged or credited on a prorated basis.
  4. The provider plan costs a monthly base fee plus a monthly fee per licensed server. Deckloud reports the number of licensed servers to Polar every hour and the daily peak once a day. Polar bills the highest number reported during the billing period. Only the holder of the license key can bind servers to a provider license.

6. Service and support

  1. Deckloud provides support by email on a best-effort basis, in English and German. Deckloud aims to answer within 2 business days. There is no service level agreement.
  2. Deckloud does not guarantee a specific availability of the license service. A license stays valid on devices for up to 30 days without contact to the license service. It never stays valid beyond the end of the paid period of a canceled license, or beyond 7 days after the paid period of a license that renews.
  3. Deckloud may develop the apps and the license service further, provided the licensed Pro features remain available in substance.

7. Liability

  1. Each party remains responsible for its conduct under applicable law.
  2. These terms do not exclude or limit liability where applicable law does not allow it.

8. Data

For the license, Deckloud apps send Deckloud the SHA-256 hash of the server address and, for licensed servers, the server address, a seat hash derived from the license ID and the Nextcloud user ID, for provider licenses also from the server address, to report usage, and the platform. When the licensee manages the license, Deckloud receives the data entered, such as server addresses, the chosen group ID and the analytics policy. The apps send no names, email addresses, user IDs or group memberships of the licensee's users. When an administrator verifies a server, Deckloud reads that administrator's login name and group memberships once to confirm the admin group and does not store them. Deckloud processes technical connection data, such as IP addresses, to operate and secure the license service. If the licensee's data protection assessment concludes that a data processing agreement is needed, the licensee can contact partners@deckloud.com. Details are on the security page and in the privacy policy.

9. Final provisions

  1. If a provision of these terms is invalid, the remaining provisions stay in effect.