Terms of Use (Nexigon Cloud)

"Account" means a user profile for accessing the Service.

"Organization" means a shared workspace within the Service.

"User Data" means data You submit to the Service.

"Customer" means a business bound by the Terms of Service ("ToS").

By creating an Account or using the Service, You enter into a binding legal agreement ("Agreement") with Supplier on the terms and conditions set out in the ToU.

If You are a member of a Customer's Organization, the ToS apply in addition to the ToU. In case of conflict, the ToS prevail for matters concerning the Customer and its Organization.

To access the Service, You must create an Account with accurate and complete information. You must be at least eighteen (18) years of age or the age of majority in Your jurisdiction, whichever is higher.

You are responsible for:

Supplier may disable, suspend, or terminate any Account that violates the ToU or poses a security risk.

You may not create multiple Accounts to circumvent usage limits or restrictions.

Supplier may offer access to the Service free of charge for evaluation purposes ("Free Use"). Unless Your use is through an Organization belonging to a Customer, it is considered Free Use. Free Use is provided as-is and may be modified or terminated at any time without notice. Warranty and liability for Free Use are excluded except for intent and gross negligence.

Specific Free Use durations require Business Enrollment pursuant to the ToS.

Supplier may contact You during or after Free Use to gather feedback or present commercial offerings.

You agree to use the Service solely for lawful purposes and in accordance with the ToU, applicable laws, and good industry practices.

You shall not:

You may test the Service for security vulnerabilities provided You: (a) protect the integrity and availability of the Service; (b) disclose findings to Supplier promptly; (c) allow reasonable time for remediation before public disclosure; and (d) do not cause harm to the Service or other users.

Supplier may monitor use of the Service and remove any data that is or is reasonably believed to be illegal, infringing, or in violation of the ToU. Supplier is not liable for any resulting data loss.

The Service and all related intellectual property rights are and remain the exclusive property of Supplier and its licensors. Nothing in the ToU transfers any ownership rights.

Subject to the ToU, Supplier grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purposes and in accordance with Section 5 (Acceptable Use). This license terminates when the ToU terminates.

By providing feedback regarding the Service, You grant Supplier a non-exclusive, perpetual, worldwide right to use such feedback to improve the Service without compensation.

You retain ownership of User Data. You are solely responsible for the accuracy, quality, legality, and appropriateness of User Data, and for ensuring it does not infringe any third-party rights.

You grant Supplier a non-exclusive, worldwide, royalty-free license to use, process, store, and display User Data as necessary to provide, improve, and support the Service. Supplier may use User Data to generate aggregated, anonymized statistics that do not identify You.

The Service is designed for machine data, telemetry, and device logs. Do not submit personal data of third parties or regulated data (e.g., health, financial, minors) unless You have obtained all necessary consents and entered into appropriate data processing arrangements with Supplier.

You are responsible for maintaining Your own backups of any data you submit. Supplier does not guarantee the integrity or availability of User Data unless expressly stated otherwise.

Supplier may delete User Data after a grace period of ten (10) days following termination of Your access to the Service unless it is associated with an active Customer Organization pursuant to the ToS. Supplier is not liable for any resulting data loss.

The handling of Your personal data is governed by the Privacy Policy. By using the Service, You acknowledge that You have read and understood the Privacy Policy.

If You are a member of a Customer's Organization, Supplier may retain Your data after termination of the Agreement pursuant to its obligations to the Customer under the ToS.

The Service may link to third-party websites or services. Supplier is not responsible for their content, practices, or terms. Such links do not imply endorsement by Supplier.

Supplier shall provide the Service with reasonable availability. Insignificant reductions in utility do not constitute a defect. No specific availability guarantees or service levels apply under the ToU.

In the event of a defect that materially impairs use of the Service, Supplier shall remedy it within a reasonable period. Supplier may, at its discretion, remedy defects by repair, workaround, or new version. You shall notify Supplier of defects without undue delay.

Strict liability for defects existing at contract conclusion (§ 536a Abs. 1 Alt. 1 BGB) is excluded. Fault-based liability remains unaffected per Section 11 (Limitation of Liability).

Claims for defects become time-barred twelve (12) months after the start of the statutory limitation period, unless fraudulently concealed. This does not apply to claims for injury to life, body, or health, or from intent or gross negligence.

The Service is a complex IT solution subject to continuous development that cannot be guaranteed to operate uninterrupted or error-free. Supplier may modify, update, or discontinue features at any time. Such modifications, interruptions, or errors do not constitute defects.

Supplier is fully liable for damages caused by intent or gross negligence, for injury to life, body, or health, and under mandatory product liability.

For slight negligence, Supplier is only liable for breach of essential contractual obligations whose fulfillment is necessary to receive the contractual benefit. In such cases, liability is limited to foreseeable, typically occurring damage.

Liability for indirect or consequential damages, including lost profits, loss of data, or savings not realized, is excluded to the extent permitted by law.

You agree to indemnify and hold harmless Supplier from claims, damages, and expenses (including legal fees) arising from: (a) Your breach of the ToU; (b) Your violation of law or third-party rights; or (c) Your User Data.

The Agreement remains in effect until terminated.

You may terminate the Agreement at any time by deleting Your Account.

Supplier may terminate the Agreement without notice: (a) at any time and without cause if You are not a member of a Customer's Organization; or (b) for breach of the ToU, harmful activity, or legal requirements if You are a member of a Customer's Organization.

Upon termination, Your access and licenses cease immediately.

Provisions that by their nature should survive termination shall survive.

The Agreement shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

If You are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising in connection with the Agreement shall be Frankfurt am Main, Germany. Supplier retains the right to bring proceedings in the courts of Your place of residence or any other court of competent jurisdiction.

If any provision of the ToU is held invalid or unenforceable, the Parties shall agree on a provision that most closely reflects the intent and purpose of the invalid provision. The remainder of the Agreement shall continue in full force and effect as modified by such adjustment.

Failure to enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. Any waiver shall be effective only if in writing and signed by Supplier.

You may not assign or transfer the Agreement or any rights or obligations hereunder without Supplier's prior written consent. Supplier may freely assign or transfer the Agreement or any of its rights or obligations hereunder without Your consent or notice.

Notices to You may be made via email to the address associated with Your Account or by posting on the Sites. Notices to Supplier must be sent to legal@silitics.com.