Legal & Terms
This agreement describes the general terms and conditions for the Nuvla Platform services and apply to all Users of the Platform.
Thanks for using Nuvla! These general terms and conditions (Terms) cover your use and access to our website, content and Services (as defined below). Our Privacy Policy explains how we collect and use your information. Please read both documents carefully and make sure you understand them. If you do not understand or do not accept any part of these Terms or our Privacy Policy, you must not use the Services or access the Website.
SixSq SA (“SixSq”, “we” or “us”) is a company registered in Switzerland, with company registration number CHE-113.788.438 and registered offices at SixSq Route de Meyrin, 267 1217, Meyrin Geneva, Switzerland. Please contact us at info@sixsq.com or support@sixsq.com.
2.1. Platform. SixSq designed Nuvla, an online platform accessible via https://nuvla.io/ui that brings together customers (Customers) and sellers (Vendors) for containerised edge applications and device management, as well as offers APIs and user interface channels (the “Platform”).
2.2. Users. Customers and Vendors are collectively referred to as “Users”. The Platform operates as a business-to-business (B2B) digital marketplace where Vendors offer their containerised edge applications to Customers. In addition, SixSq supports Users with tools to develop, test, access, secure the use of the Platform and launch of Vendor’s applications.
2.3. Services. SixSq enables Users to deploy, manage and update cloud and edge applications, as well as to deploy edge equipment and manage edge devices. The Platform also allows Vendors to offer paid and free applications to Customers (collectively referred to as “Services”).
2.4. Purpose of these Terms. These Terms define the terms and conditions of use of the Platform and the Services, and are accessible at any time on the website https://sixsq.com/ (Website).
2.5. Independence of the parties. SixSq acts as a platform operator and does not intervene in the contractual relationship between Customers and Vendors, including agreements signed by such parties (Vendor Terms). Users thus act on their behalf so that SixSq cannot be considered an agent concerning them. These Terms do not constitute an association, a joint venture, a franchise, a partnership, a subordinate relationship or a mandate given by SixSq.
2.6. Additional terms. These Terms only govern Users’ access and use of the Website, the Platform and, where applicable, the Services. Any other terms of use, licences or other relevant agreements that may apply to the Vendor’s products or services will be governed by Vendor Terms, or other appropriate documents. SixSq is not a party to and is not bound by any Vendor Terms.
3.1. Nuvla account. Users need to create a Nuvla account on the Platform to view, purchase, access, use, deploy and install Services.
3.2. Nuvla account creation. To create an account, Users must complete the sign-up activation form on the Website and accept these Terms. Any incomplete or inaccurate registration requests will not be validated. Account creation is free of charge. Once Users have created an account, they can select the Services or resources they want to purchase (refer to the Payment section of these Terms for more information).
3.3. Eligibility. The Platform operates as a B2B marketplace. Please do not use the Platform if you are not operating as a business. By accessing, using or registering on the Platform on behalf of a business or organisation, Users represent and warrant that they are doing so for a purpose related to its commercial activity, that they have the required authorisation from that business or organisation to do so, and that they are binding the business or organisation to these Terms. We have the right to verify that the information provided by the User is correct and valid. Users are responsible for keeping their business information and details accurate and up to date. Users who don’t provide accurate, complete or valid information may have their account suspended or cancelled by SixSq.
3.4. Account information. Users are responsible for maintaining the confidentiality of their account information, including passwords, and for any account activity that occurs due to their failure to keep such information secure and confidential. Users agree to immediately notify SixSq of any unauthorised use of their account, password, or any other security breach. Users may be held liable for losses incurred by SixSq or any other User or visitor to the Website or Platform due to the use of the information such as username, password or account by another person as a result of the User’s failure to keep account information confidential.
3.5. Restrictions. SixSq reserves all rights to the Services not expressly granted by SixSq. When using the Services and accessing the Platform, Users may not:
3.6. Housekeeping. SixSq reserves the right to perform, from time to time, housekeeping tasks on disused resources owned by Users to ensure the best performance of the Platform. These housekeeping tasks will not affect the normal use of the Platform by its Users.
3.7. Geographic Restrictions. Certain Services may only be available in some countries. Users agree that they will not provide any false, inaccurate or misleading information to misrepresent their country of residence and will not attempt to circumvent any restrictions on access to or availability of the Services or content available on our Platform.
4.1. Pricing. We offer both free and paid Services. By ordering paid Services, Users agree to pay the fees within the terms displayed to them when they order that particular Service. The prices, features, capacity, limits and other functionalities of the Services depend on the type of Services ordered.
4.2. Free trials. SixSq may offer Users free trials from time to time to use the Platform (e.g., a 14-day free trial). Users may benefit from limited SixSq support services and discounts on edge costs on the Platform during such free trial periods. The free trial does not extend to paid Vendor’s applications, so Users can be charged for deploying any paid Vendor’s applications or other paid Services during the free trial. Users will continue to be able to use the feel trial for additional Services and products that are not paid. More information on the free trial, periods, and consumption is available on each User’s profile page. Users may also contact support@sixsq.com if they have any questions.
4.3. Payment for Vendor’s applications. Vendors offer both free and paid applications on the Platform. Each Vendor’s pricing information can be viewed on the Platform (on the relevant application’s page). Please review all the information carefully before launching any application. Customers can purchase Vendors’ paid applications using selected payment methods (e.g., credit cards or a bank account with SEPA) or receive invoices from SixSq.
4.4. Payment for edge device management. SixSq offers Users pay-as-you-go options and optionally yearly subscription plans for edge device management (note: an edge device is a computer running the NuvlaEdge software).
4.5. Third-party payment processors. For certain Services, payment may be processed and handled through third-party payment processors. By choosing to pay through such third-party payment processors, you agree to be bound by and accept the terms and conditions of those processors. Any payments processed through third-party payment processors are subject not only to these Terms, where applicable, but also the terms and conditions of the applicable third party payment processor pursuant to your agreement with them.
4.6. Invoices. Customers receive invoices by email and can consult them on the Platform for the ordered services. All invoices must be paid on time. Pay-as-you-go invoices are sent every month, and subscription invoices are sent at the start of the subscription period (usually yearly).
4.7. Unpaid invoices. If an invoice is unpaid, SixSq may block the Customer’s account or limit the available functionality of the Platform.
4.8. Commission. SixSq may charge a commission fee for its services on the Platform, which shall be a percentage of the total price due for a specific application purchased on the Platform. Upon relevant payment through the Platform by a Customer, SixSq will deduct the commission fee from such amount and transfer the remaining amount to the Vendor. Any applicable commission fees will be disclosed to you via the Platform.
4.9. Discounts. SixSq may, from time to time, offer discounts in the form of coupons or credits on Services. Additional terms and conditions, including eligibility criteria, may apply, and any additional terms will be made available to Users before purchase. Such discounts are generally single-use, time-limited and only associated with a single Service. It is the Vendor’s responsibility to notify SixSq of any lost coupons as soon as possible. These coupons reduce a Customer’s invoice by either a nominal value or a percentage.
4.10. Hardware. We do not provide hardware and no hardware cost is included in our pricing.
4.11. Taxes. If SixSq is required to collect or pay any taxes in connection with User’s purchase, such taxes will be charged to the User at the time of each transaction.
4.12. Payment service providers. The Platform may use and integrate with third-party online payment services. Vendors may be required to set up an account with such online third-party payment service to enable receipt of payment. Users must register on the Platform a payment method supported by such payment providers (e.g. credit card, a bank account with SEPA). We will display the available online payment service to User’s profile page on the Platform.
4.13. Price changes. We reserve the right to change price, availability information and other conditions without notice.
5.1. Terminations by Users. Users may stop using the Service and terminate their account on the Platform at any time. To do so, they must notify SixSq at support@sixsq.com. However, such action will not affect the User’s obligation to pay any outstanding fees.
5.2. Termination and suspensions by SixSq. SixSq reserves the right to restrict, suspend or terminate Users’ account or access to all or part of the Services, Platform or Website if
Please note that suspension or cancellation of access could result in a loss of User data.
5.3. Notice for termination or suspension by SixSq. We will provide Users with a statement setting out the reasons for termination or suspension unless we reasonably believe that doing so would: (a) violate the law or the direction of a legal authority or court order; (b) compromise a legal investigation or proceeding; (c) threaten the integrity, operation or security of the Service; or (d) cause harm to any User, third party or SixSq. In the case of overall termination, such a statement of reasons will be provided to the User at least 30 days in advance. If the User believes the termination or suspension has been made in error, please contact us at support@sixsq.com.
6.1. Support. SixSq uses commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week and according to the corresponding Services pledged availability, except for (a) planned downtime and maintenance events; (b) force majeure events (e.g. acts of God, flood, fire, earthquake, volcanic eruption, war, invasion, hostilities, terrorist threats or acts, riot, catastrophic failure of the cloud infrastructure the Platform relies on etc.); (c) unavailability of the SixSq websites (e.g. docs.sixsq.com, sixsq.com); (d) failures or malfunctions in any Vendor or User software, equipment or technology; or (e) if the User is in breach of these Terms, including but not limited to any payment obligations.
6.2. SLA. Users can purchase or subscribe to a level of service when using the Platform. Several SLAs are available (i.e., Bronze, Silver and Gold). By default, the “Bronze SLA” applies if no others are purchased separately. The Bronze SLA includes: (a) 24 hours a day and 7 days a week automated monitoring of the Platform; and (b) human support service available during normal working days. Human support service is unavailable during the official public holidays in Geneva, Switzerland. Users must report severe issues to SixSq by emailing support@sixsq.com or using the Platform’s in-app chat.
6.3. Vendor Support. SixSq may provide Vendors with support description and examples, but we do not provide any support for the applications provided by Vendors. Vendors are solely responsible for any support required by the Customer in relation to their applications. All support requests should be made directly to the Vendor by the Customer. SixSq has no responsibility to the Vendor, to the Customer or to any third party for any support provided or requested, or any failure to provide such support services.
Users can access personal and other data in their account on the Platform or any data necessary for the Services’ performance. Our Privacy Policy explains how we treat personal data and protect Users’ privacy. Users understand that through use of the Services, they consent to the collection and use of their personal information as set forth in the Privacy Policy, which is incorporated into these Terms.
Linked Websites. Our Website may contain links to other independent third-party websites (“Linked Websites”). Such Linked Websites are not under our control, and we are not responsible for and do not endorse its content. Users are solely responsible for making independent judgments regarding their interaction with such Linked Websites.
9.1. IPR. Content made available through the Platform or via the Services may be protected by copyright, trademark, and/or other applicable laws. Subject to the content provided by Users, Users acknowledge that all intellectual property rights (IPR) for such content are the exclusive property of SixSq and/or its licensors. Users agree that they will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. Any total or partial modification, copy, transmission or reproduction of such content is strictly prohibited and may constitute an infringement of copyright, except to the extent you are the legal owner of that content or as expressly permitted in these Terms. To avoid doubt, the Customer owns all IPR in Customer data, and Vendor owns IPR in all its corresponding applications.
9.2. SixSq does not warrant that use or access of any materials or information displayed on the Platform or via the Services will not infringe the rights of third parties not owned by SixSq.
10.1. Disclaimer. SixSq does not promise that the Website or any content, Service or feature of the Website or the Platform will be error-free or uninterrupted, that any defects will be corrected, or that the use or access to it will provide specific results. Platform and its content are delivered on an “as-is” and “as-available” basis. SixSq cannot ensure that any files or data on the Website or the Platform will be free of viruses, contamination, or destructive features. SixSq disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. SixSq disclaims any liability for the acts, omissions and conduct of any third parties in connection with or related to the use of the Platform and any Services. Users assume total responsibility for using the Website, the Services and any Linked Websites. The user’s sole remedy against SixSq for dissatisfaction with the Website, Platform, our Service or any content is to stop using and accessing the Website, the Platform, the Service or any such content.
10.2. Exclusions. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
10.3. Changes to the Website. SixSq reserves the right to do any of the following, at any time, without notice: (1) to modify or terminate operation of or access to the Website, or any portion of the Website, for any reason; and (2) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11.1. SixSq’s liability. Except where prohibited by law, in no event will SixSq be liable to Users for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SixSq has been advised of the possibility of such damages.
11.2. Limitation of liability. If SixSq is found liable to Users for any damage or loss arising out of their use of the Website, the Platform or any Services, SixSq’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees in respect of any Service paid in the six months prior to the date of the claim made against SixSq, or (2) CHF 500.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to all Users.
12.1. Governing law and applicable law. These Terms are subject to material Swiss law, without regard to conflict-of-law provisions. All claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), and/or use of our Website or our Platform shall be exclusively brought to the courts of Geneva, Switzerland.
12.2. Severance. If any part of these Terms is not enforceable, this will not affect other provisions or elements.
12.3. Indemnity. Users agree to indemnify and hold SixSq, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SixSq by any third party due to or arising out of or in connection with use of the Website or Platform.
12.4. No waiver. If Users fail to comply with these Terms and we do not take immediate action, this does not mean we are giving up any rights we may have.
12.5. Changes to these Terms. SixSq may change these Terms, for example, (1) to reflect changes to our Service or how we do business, (2) for legal, regulatory, safety or security reasons, or (3) to prevent abuse or harm. If we materially change these Terms, we’ll provide Users with advance notice (except in urgent situations, such as preventing imminent cybersecurity risks or responding to legal requirements). The new Terms will be effective after a 15-day notice period. If Users continue to use our Services following such notice period, this will indicate their acceptance of the new Terms. The new terms will apply to their use of all Services, including past and subsequent purchases and accesses. Users who disagree with such changes must close their accounts and stop using the Services.
12.6. Notices: Users consent to receive all communications, including notices, agreements, disclosures, or other information from SixSq, electronically via the email address provided by them upon registration.
12.7. Communications. By using the Services, Users consent to receive communications from us, including marketing communications, special offers, and promotional announcements to their registered email address or via other methods.
12.8. No third-party beneficiaries. These Terms do not confer any benefits on any third party unless it expressly states that it does.
12.9. Inconsistencies. In case of inconsistencies between these Terms and the terms and conditions of any Vendor Terms, Vendor’s EULA, or any other agreement between Vendors and Customers, these Terms shall prevail.
12.10. Conflicting languages. If these Terms are translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will prevail.
