Legal & Terms
End-User License Agreement (EULA) for Apps distributed by SixSq via Nuvla
Please carefully read the following terms and conditions of this SixSq’s End-User License Agreement (EULA) before using, downloading and installing any SixSq application (Application) user guides, and online or electronic materials (Documentation) on the Nuvla website https://nuvla.io, a business-to-business (B2B) digital platform for containerised applications operated by SixSq (Platform). This EULA is a legal agreement between SixSq SA (SixSq, “we” or “us”) and the person or entity using, installing, accessing and/or purchasing the Application (Customer or you). By clicking “accept” during the Platform launch process, or by installing and/or using the Application, you are agreeing to be bound by this EULA from the date of such action (Effective Date). If you do not accept the terms of this EULA, then you must not use or access the Application. Please note that if you use, access, install and/or purchase an Application provided by a third-party vendor on the Platform, then you will be bound by the EULA of that relevant Application. This EULA applies exclusively to the Applications provided by SixSq.
1.1 SixSq SA is a company registered in Switzerland, with company registration number CHE-113.788.438 and registered office at SixSq Route de Meyrin, 267 1217, Meyrin Geneva, Switzerland. Please contact us at info@sixsq.com or support@sixsq.com for more information.
2.1 Use of the Application. Customers must create an account on the Platform to use, access, or deploy any Application. Customers are responsible for (a) keeping their account safe; (b) all account activities; and (c) any other actions connected with their account. SixSq is not responsible for unauthorised access to Customer’s account. The customer will immediately notify SixSq if it believes there has been unauthorised access to or use of such Customer’s account, content or account information.
2.2 SixSq’s Support. Customers can purchase or subscribe to a level of service when using the Application. Several Service Level Agreements (SLA) are available. By default, the Bronze Service Level Agreement applies if no other option is purchased separately by the Customer. The Bronze SLA includes:
2.3 Customers can submit support inquiries to SixSq by emailing SixSq at support@sixsq.com or using the Platform’s in-app chat. All support requests should be made directly to SixSq by the Customer.
2.4 No hardware supplied. For clarity, this EULA does not cover the purchase, replacement, updating or support of any hardware. SixSq is not obligated to provide Customers with hardware, hardware replacement, hardware updates, or hardware support.
3.1 License. Upon SixSq’s acceptance of the Customer’s order and considering the payment of all relevant fees, SixSq hereby grants the Customer a personal, non-transferable, non-exclusive licence to use the Application on their devices on the Platform and any updates provided by SixSq, under this EULA. No license of the Application’s source code is given hereunder. If you breach this EULA, SixSq may immediately and without notice to you terminate this EULA, and any associated licenses and your right to use the Application will be terminated immediately.
3.2 Use. You can deploy the Application on an edge device, IoT device, server, computer, or cloud infrastructure under your control. You are responsible for ensuring your device meets the Application’s minimum requirements.
3.3 Coupons and free trials. SixSq may offer you coupons, credits, free trials or free versions to enable access to the Application. However, SixSq reserves the right at any time to cancel, modify or charge the conditions of such coupons or credits, and to cancel, modify or charge for further use of the Application under free trial or free versions options. Please note the functionality of the Application may be limited during such periods.
4.1 Payment. The Customer shall pay for the Application as described on the Application page on the Platform. The Customer must make all payments via the Platform, unless otherwise agreed in writing with SixSq.
4.2 Restrictions. Customer will not, and will not allow any third party to: (a) use the Application in violation of laws or regulations; (b) copy (except to the limited extent permissible under applicable law or for normal operation of the Application), reproduce, translate, adapt, vary, or modify the Application or the Documentation, nor communicate it to any third party, without SixSq’s prior written consent; (c) reverse engineer, decompile, disassemble, create derivative works based in whole or any part of, the Application, or otherwise decipher, or tamper with any portion of the Application, nor attempt to do any such things unless this restriction is permitted by the licensing terms governing use of any open-sourced components; (d) use the Application to violate the rights of others; (e) use the Application in high-risk, hazardous environments requiring fail-safe performance, or any other application in which the failure of the Application could lead to severe damages; (f) rent, lease, resell or sublicense the Application; (g) use the Application to perform any malicious activity, including to violate the security or integrity of any network, computer or communications system, software application, or network or computing device; and (h) remove, adapt, or otherwise tamper with any copyright notice, legend or logo which appears in or on the Application and the Documentation or on the medium on which it resides.
5.1 Ownership. Except as expressly stated in this EULA, this EULA does not grant either Customer or SixSq any rights to each other’s content or any of the other’s IPR.
5.2 SixSq’s IPR. SixSq shall at all times retain ownership of its Application as originally accessed or downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other IPR of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of the SixSq. SixSq reserves the right to grant licences to use the Application to third parties as applicable.
5.3 IPR. You agree not to infringe SixSq’s IPR in the Platform, Application and the Documentation (and those of any owner of third-party technology contained in the Platform, Application and Documentation) and to comply with the laws of Switzerland and all other applicable laws (including export controls) concerning the Platform, the Application and the Documentation. You agree not to ship or re-export any portion of the Platform, Application and Documentation to any destination it could not have been exported legally under any export control law.
5.4 Third-party technologies. Before using the Application, you should check the listing of third-party technologies in the Application and Documentation, and the copyright and patent notices applicable to such technologies. The Application and the Documentation are protected by copyrights as well as other IPR.
5.5 Copyright violation. If Customer believes a SixSq, or any person or entity is violating Customer’s copyrights, Customer can notify SixSq at support@sixsq.com.
6.1 Customer. Customer represents and warrants that: (a) it has full power and authority to enter into the EULA; (b) it will comply with all laws and regulations applicable to its provision, or use of the Application, the Platform, or Documentation, as applicable; (c) it owns or has the necessary rights and licenses to provide the Customer data to the Application or to SixSq; (d) the provision or use of the Customer data as contemplated in this EULA will not infringe any third-party’s rights, including IPR; and (e) if the Customer is entering into this EULA on behalf of an entity, then it also represents and agrees that it has the legal authority to bind that entity to this EULA.
6.2 SixSq’s Performance Warranty. SixSq warrants that the Application will perform substantially as per the Documentation. If SixSq is providing support, SixSq warrants that it will perform the support diligently, consistent with industry standards.
7.1 Except as otherwise stated in this EULA, the Application and, if applicable, the Documentation and support are provided on an “as-is” basis by SixSq. To the fullest extent permitted by law, SixSq and its affiliates make no representations or warranties concerning the Application and Documentation and or parts thereof, whether express, implied, or statutory, including but not limited to implied warranties of satisfactory quality and fitness for a particular purpose.
7.2 Specifically, without limiting the generality of the foregoing, SixSq and its affiliates make no representation or warranty that: (i) the Application has been developed to meet the Customer’s requirements. It is the Customer’s responsibility to ensure that the functions of the Application as described in SixSq’s specification or Documentation meet their requirements and needs; (ii) the use of the Application and Documentation and or parts thereof will be uninterrupted or error-free; or (iii) any use of the Application and Documentation and or parts thereof are free from infringement of any third party’s IPR. The Customer is responsible for making such determination concerning acquiring licenses and other IPRs of third parties. Consequently, SixSq and its affiliates disclaim any liability in case any use by the Customer or any other party infringes any third party’s IPR. Furthermore, SixSq and its affiliates disclaim any warranty and liability whatsoever for any development created by or for the Customer or their organisation.
7.3 SixSq shall not be liable to the maximum extent permitted under applicable law, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, for any loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and similar losses or loss or corruption of data or information, or pure economic loss, or any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your use of the Application or your inability to use the Application. SixSq shall not be liable for any of the losses, even if you have informed SixSq of the possibility of such losses.
7.4 In no event shall SixSq’s liability exceed the amount SixSq received for the Application from you in the calendar year the claim is made. In the event of any liability to you, you agree that in full satisfaction of such liability, SixSq may at its discretion: (i) refund the price you paid to SixSq for the Application: (ii) repair the Application; or (iii) replace the Application as they case may be. In all cases SixSq will not be liable for any loss or damage that was not reasonably foreseeable.
7.5 Nothing in this EULA shall limit SixSq’s liability for losses which may not be lawfully limited or excluded by applicable law.
7.6 In no event shall SixSq be liable if any failure of/or defect in the Application is the result of misuse or abuse, or otherwise if the Application has not been used in accordance with the specification or Documentation for the Application.
8.1 Termination rights. This EULA is effective from the Effective Date and shall continue until terminated. You may terminate it at any time upon 14 days written notice to the SixSq. SixSq may also terminate this EULA at its discretion and upon 14 days written notice to you. This EULA will also terminate immediately if you fail to comply with any terms of this EULA.
8.2 Termination effects. Upon termination of this EULA: (i) all rights granted to you under this EULA and any associated licenses shall immediately cease and SixSq may use technical means to block your use or access to the Application; (ii) your right to use the Application immediately ends and you agree to stop all access and use of the Application; (iii) you must immediately pay any sums due pursuant to the purchase of the Application license or any support/maintenance service or otherwise; (iv) you must immediately delete or remove any Application from all computer equipment (if applicable) in your possession, and at SixSq’s option, immediately destroy or return to SixSq all copies of the Application and the Documentation, and, in the case of destruction, certify to SixSq that you have done so; (v) any accrued rights, remedies, obligations, and liabilities of the parties as at expiry or termination shall not be affected; and (vi) clauses that by their nature continue and survive will survive any termination of this EULA.
9.1 Governing law and applicable law. This EULA is subject to Swiss law, without regard to conflict-of-law provisions. All claims arising out of or relating to this EULA shall be exclusively brought to the courts of Geneva, Switzerland.
9.2 No waiver and severability. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this EULA. If any term (or part of a term) of this EULA is invalid, illegal, or unenforceable, the rest of the EULA will remain in effect.
9.3 Changes to this EULA. SixSq reserves the right to update, change or replace any part of this EULA at its sole discretion.
9.4 Notices. All notices under this EULA must be in writing. Notices to the Customer will be sent to the email address provided at the time of registration on the Platform. The Customer is responsible for keeping all information up to date. Notices to SixSq must be sent to support@sixsq.com. Any notice will be treated as given on receipt as verified by written or automatic receipt or by electronic record (as applicable).
9.5 Assignment: This EULA is personal to you, and you may not assign, sublicense, or transfer your rights and/or obligations under it. This EULA does not confer any benefits on any third party unless it expressly states that it does. SixSq may transfer its rights and obligations under this EULA to another business without your consent, but it will notify you of the transfer and make sure that your rights are not adversely affected as a result.
9.6 No agency. This EULA does not create any agency, partnership or joint venture between the parties or between the parties and SixSq.
9.7 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
9.8 Conflicting languages. If this EULA is translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will govern unless expressly stated otherwise in the translation.
