Licence terms

Draft — not in force

These licence terms are not in force yet. They will be reviewed by a lawyer and may change before ownpaas goes on sale. Until then they describe the intended terms, nothing more.

Licensor: Mitja Martini, Helmkrautstr. 32, 13503 Berlin, Germany (see Impressum).

1. Scope

These terms govern your use of the ownpaas macOS app (“the app”), including the engine and the command-line tools bundled with it and its updates. You buy the licence from Paddle.com (paddle.com), which sells it as reseller and merchant of record; Paddle’s buyer terms govern the purchase, payment, invoices, VAT, cancellation and refunds. In addition, the licensor gives a 14-day money-back guarantee on the first payment for a licence and on yearly renewals (refund policy). These terms govern what you may do with the app.

2. Licence

1. Trial. You may use the app free of charge for 14 days from its first start, with all features, to evaluate it.
2. Paid licence. With a valid licence you may use the app for the period you paid for, for personal and commercial purposes. A licence is for one user (a natural person) and may be activated on up to 3 Macs of that user at the same time.
3. Free licences granted on request (for example for open-source maintainers or teaching) are licences under these terms; the licensor may limit them in time when granting them.
4. The licence is non-exclusive and non-transferable. You may not sublicense, rent out or resell the app, or offer it to third parties as a hosted service, without a separate written agreement (this is what “Call me” on the website is for).
5. You may not remove licence checks or notices, and may not decompile or reverse-engineer the app except where the law permits it (§ 69e UrhG).

3. Open-source components

The app contains components that are published under open-source licences, including the Apache License 2.0. For those components the respective open-source licence applies and takes precedence over these terms. The app lists them with their licences.

4. Licence checks

A licence key comes with the purchase. The app checks the licence when it is activated, at start and then once a week, and sends only licence data: the key and its activation, nothing about your labs (see the privacy policy). If no check succeeds for 30 days, the app treats the licence as ended until the next successful check.

When the trial or a licence ends, labs you already have keep running: you may continue to start, stop, reset and restore them and to use the MCP server. Creating new projects and clusters and Move to Cloud are no longer available until a licence is active again. No data is deleted.

5. Your accounts and costs

The app runs on your Mac. Resources it creates in your cloud account on your instruction (for example a gateway or clusters) are created with your own access token, under your own contract with your cloud provider, and are billed by that provider. You are responsible for those resources, their costs and the data in them. The app shows cost estimates before it creates resources; they are estimates based on the provider’s published prices and are not binding.

6. Warranty

For consumers, the statutory rights for digital products apply. For businesses, the app is provided in the state it is in at the time of purchase; the licensor remedies reproducible material defects reported by email within a reasonable time by an update or a workaround.

7. Liability

The licensor is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence, the licensor is liable only for the breach of an essential contractual obligation (one whose fulfilment makes proper performance of the contract possible and on which you may rely), limited to the damage typical and foreseeable for this kind of contract. Otherwise liability is excluded. You are responsible for backing up data that matters to you; the app’s checkpoints do not replace backups.

8. Changes and termination

The licensor may change these terms for future licence periods; changes are announced by email or in the app at least four weeks in advance, and you may cancel before they take effect. The licence ends at the end of the paid period if it is not renewed, or immediately if you breach section 2 materially.

9. Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory rules of the country where you live. If you are a merchant, the place of jurisdiction is Berlin.