Terms of Service

Welcome to caisy.io, a product of cyclus.digital GmbH. This page outlines the terms of service and acceptable use policies for our platform caisy.io..

Last Update: 30. May 2023

1.1 The contractual partner is cyclus.digital GmbH, Plasteräckerstr. 12, D-70186 Stuttgart (hereinafter: "cyclus.digital" or "we" or "us").

1.2 Policy Overview: Your usage of caisy.io services must align with this Acceptable Use Policy. If you violate this policy, cyclus.digital GmbH reserves the right to terminate your account and stop all services. This policy may be updated at any time, and it's your responsibility to stay informed and comply with the changes. Any capitalized terms used here are defined in the Terms, unless otherwise specified.

1.3 Scope: Our terms and conditions of business shall apply exclusively; we do not recognize terms and conditions that conflict with or deviate from our terms and conditions of business unless we agree to their validity in writing. Our terms and conditions shall also apply if we perform our services without reservation in the knowledge of terms and conditions that conflict with or deviate from our terms and conditions. Our terms and conditions shall also apply to all future business.

1.4 Client group: Our offers are directed exclusively to entrepreneurs. Any conclusion of a contract is therefore subject to the condition precedent that our contractual partner is an entrepreneur within the meaning of § 14 BGB. Standard business conditions of the customer do not apply, regardless of whether we expressly object to them in a particular case.

1.5 caisy.io: caisy.io means all services offered by us via our caisy.io platform, including the use of the content management system created by us, including the underlying software.

1.6 End Customer: End Customer is a company that uses caisy.io to manage its own digital content. Enterprise Customer is a company that uses caisy.io to manage a variety of digital content from contractors or departments of the Enterprise Customer. Customers are all of our customers, i.e. both end customers and enterprise customers.

1.7. Project: Project is a single entity in which the contractor or vicarious agent of an enterprise customer manages its data via caisy.io.

1.8 Organization: Organization identifies the organizational and billing unit of the assigned projects.

1.9 User: A user is any natural person who accesses caisy.io, regardless of whether he or she is an enterprise customer or end customer or a contractual partner or employee of an enterprise customer or customer. Users can thus also be persons who do not have a direct contractual relationship with us.

1.10. Assets: Assets are all contents (in particular texts, photographs, images, graphics, drawings, videos, films, music, sounds, source code, etc.) posted by users on or via caisy.io.

1.11. User data are all personal data of users.

1.12 Service Agreement: By using caisy.io, a product of cyclus.digital GmbH, you're entering into an agreement governed by these terms. The services provided by caisy.io include the website caisy.io, our cloud computing platform, API, add-ons, and any other software or services we offer.

1.13 Acceptance of Terms: Your use of caisy.io services signifies your acceptance of these terms. We'll interpret your use of our services as an agreement to these terms from the moment you start using them.

1.14 Eligibility: You may not use caisy.io services if you are legally prohibited from doing so under German law or the laws of other countries, including the country where you live or from which you access our services. You confirm that you are at least 18 years old, as our services are not intended for use by individuals under 18.

1.15 Purchase Conditions: You acknowledge that your decision to purchase caisy.io services is not dependent on the delivery of any future functionality or features, or any public comments made by caisy.io or its affiliates about future functionality or features.

2.1 Account Registration and Security: Unless otherwise agreed individually, the contract with cyclus.digital is concluded online via our website by the customer registering on our website caisy.io and clicking and submitting the form with the "Sign Up” / "register" button and we then sending the customer a Confirmation code by e-mail. Otherwise, the contract is concluded when an enterprise customer accepts our offer.
When you register for caisy.io services, it is important that you provide accurate and comprehensive registration information. The security of your account, including any passwords, is your responsibility. If you suspect any unauthorized use of your account or password, it is your responsibility to notify caisy.io immediately.

2.2 Legal Compliance: It's expected that your use of caisy.io services will adhere to all relevant laws, regulations, and ordinances. This includes any laws related to the export of data or software.

2.3 Access and Interference: You are strictly prohibited from accessing (or attempting to access) the administrative interface of caisy.io services through any means other than the interface provided by caisy.io, unless you have been explicitly permitted to do so under a separate agreement with caisy.io. Furthermore, you must not engage in any activity that could interfere with or disrupt the caisy.io services, or the servers and networks connected to the service. In the event of unauthorized activities, we reserve the right to block IP addresses and accounts in this context.

2.4 Proper Use of Services: The caisy.io services are intended solely for the development and operation of applications on the caisy.io infrastructure. You are not permitted to access caisy.io services for the purpose of making an intellectual property infringement claim against caisy.io, or to create a product or service that competes with the caisy.io services.

2.5 Contract content: The scope of our services is defined in the service descriptions available on our website as well as in the special provisions for this. caisy.io is a content management system (CMS) developed by us, including the underlying software, with which a customer can change the content and graphics of his online content or the online content of his contractual partners and maintain it independently. caisy.io is accessed via the Internet. caisy.io is extended and expanded at our discretion.

2.6 Debt to be brought: The services of caisy.io consist solely of the provision of services; no specific success is owed.

2.7 Backup: The contractual obligations of caisy.io do not include data backup, although we do perform regular data backups on a voluntary basis.

2.8 Gratuitous services: Insofar as services are offered by us free of charge, we are entitled at any time and without prior notice to change, limit or no longer offer these services. Services provided free of charge do not constitute material contractual obligations on our part.

2.9 Use by third parties: An end customer is not entitled to allow third parties who are not acting as managing directors or employees or vicarious agents for the end customer to use caisy.io.

2.10 License Grant: caisy.io provides you with a personal, worldwide, royalty-free, non-transferable, and non-exclusive license. This license allows you to use the software provided as part of the caisy.io Services. The purpose of this license is solely to enable you to benefit from the caisy.io Services as they are provided by cyclus.digital GmbH, in accordance with these Terms.

2.11 Usage Restrictions: You are not permitted to, nor can you allow others to, copy, modify, create derivative works from, reverse engineer, decompile, or attempt to extract the source code of the caisy.io Services or any part thereof. This is unless the law expressly permits it, or caisy.io has given you explicit written permission to do so. You must not attempt to disable or bypass any security mechanisms used by the caisy.io Services or any applications running on the caisy.io Services. You must not use the caisy.io Services in a way that could impose any obligations on the caisy.io Services under any open source software license, including any license that imposes any obligation or restriction concerning cyclus.digital GmbH's patent or other intellectual property rights in the caisy.io Services.

2.12 Open Source Components: Open source software licenses for components of the caisy.io Services released under an open source license are considered separate written agreements. If the open source software licenses expressly override these Terms, those licenses will govern your agreement with caisy.io for the use of the components of the caisy.io Services released under an open source license.

3.1 Innovation and Changes: caisy.io, as part of its commitment to continuous improvement and innovation, may alter the services it provides from time to time. These changes, which could include updates to payment policies, security enhancements, or added functionalities, may occur without prior notice and will apply to all versions of caisy.io Services.

3.2 Account Cancellation: You have the right to terminate these Terms at any point by canceling your account with caisy.io. Please note, however, that no refunds will be issued upon account cancellation.

3.3 Exporting Content: It's your responsibility to ensure that your content and applications are exported from the caisy.io Services before any termination of your account, regardless of the reason. However, if we are the ones terminating your account, we will make sure to give you a fair chance to recover your content and applications.

4.1 Free and Paid Services: caisy.io, a product of cyclus.digital GmbH, offers its services free of charge up to certain usage limits. If your usage exceeds these limits, you'll need to purchase additional resources or services. Detailed pricing information for additional resources and services can be found at caisy.io.

4.2 Compensation Level: The amount of our remuneration depends on the number of organizations and the number of projects included in each case, as well as possible additional consumption of resources used by a client. The remuneration to be paid is determined individually or is based on the price information on our website.

4.3 Maturity: Unless otherwise agreed, a monthly/yearly fee shall be paid in advance. The amount is due on the day of the order and then to be paid monthly/yearly at the same time. 

4.4 VAT: Any remuneration shall be exclusive of value added tax at the statutory rate, if any.

4.5 Payment and Charges: For any resources or services you purchase, we'll bill your credit card monthly or at a different interval if specified in caisy.io's payment policies. Late payments may accrue interest at an annual rate of 9% above the base interest rate or the highest rate allowed by law, whichever is lower. All charges exclude taxes. You're responsible for all taxes, government charges, and any reasonable expenses or attorney fees incurred by caisy.io in collecting late amounts. You waive all claims relating to charges unless claimed within 30 days after the charge. Charges are based solely on caisy.io's measurements of your use of the services, unless otherwise agreed in writing. Refunds, if any, are at caisy.io's discretion and only in the form of credit for caisy.io services. caisy.io is not obligated to extend credit to any party.

4.6 Changes to Fees and Payment Terms: caisy.io reserves the right to change its fees and payment terms for its Services by providing you with notice at least fifteen (15) days prior to the beginning of the billing period in which the change is to take effect. Changes will be posted on the Website or other URL provided by caisy.io. Any outstanding debt shall become immediately due and payable upon termination of the existing payment terms for any reason.

5.1 Counterclaims: Any counterclaims may only be offset if the counterclaims are undisputed or have been legally established.

5.2 Determination: A customer may only refuse performance or withhold performance due to any counterclaims if the counterclaims are undisputed or have been legally established.

6.1 Acceptable Use Policy: As a user of caisy.io, you are expected to adhere to our Acceptable Use Policy, which can be found at 7.2 and 7.3. This policy is an integral part of these terms and may be updated periodically. Your continued use of our services signifies your agreement to these updates.

6.2 Privacy Policy: Your use of caisy.io services is also subject to our privacy policy (https://caisy.io/privacy-policy). By using our services, you consent to the collection, use, and disclosure of your information in accordance with this policy.

6.3 End User Privacy: As a user of caisy.io, you have a responsibility to respect and protect the privacy and legal rights of the end users of your application. This includes obtaining any necessary permissions under data protection laws, providing a suitable privacy notice, and ensuring adequate privacy protections for your end users. If your end users provide you with personal information, such as usernames or passwords, you must inform them that this information will be accessible to both your application and caisy.io.

7.1 Data Backup: caisy.io is not responsible or liable for the deletion or failure to store any Content and other communications maintained or transmitted through the use of the Service. You acknowledge that it is your responsibility to secure and back up your Applications and any Content.

7.2 Content Restrictions: No user may store or upload data to caisy.io which, by its nature or condition (e.g. viruses, corrupted files, "Trojan horses" or other contaminating or destructive features), size or duplication (e.g. spamming), is likely to jeopardize the existence or operation of the data center or data network of us or third parties commissioned by us. The customer will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or could cause damage or disrupt the functioning of our systems or services.

In particular, this applies to:

• Hate and Violence: Content that promotes hate or violence is prohibited.

• Racial or Ethnic Intolerance: Any content advocating racial or ethnic intolerance is not permitted.

• Hacking or Cracking Advocacy: Content should not promote or advance computer hacking or cracking.

• Illegal Activities: Content should not promote illegal activities, including but not limited to the illegal export of controlled substances or illegal software.

• Drug Paraphernalia: Any content related to drug paraphernalia is not allowed.

• Phishing: Content should not involve phishing activities.

• Malicious Content: Any content that is malicious in nature is prohibited.

• Violation of Laws or Rights: Content should not violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

7.3 Usage Restrictions: Customers and third parties, including end users, are prohibited from using the service in a way that infringes upon or encourages the infringement of others' legal rights. This includes enabling end users to violate others' intellectual property rights.

• Illegal Activities: The service must not be used to engage in, promote, or encourage any illegal activities.

• Unlawful Purposes: The service must not be used for any purpose that is unlawful, invasive, infringing, defamatory, or fraudulent. This includes activities like phishing, pyramid schemes, or website mirroring.

• Malicious Software: The intentional distribution of harmful or deceptive items such as viruses, worms, Trojan horses, corrupted files, or hoaxes is strictly prohibited.

• Service Interference: Interfering with the use of the Services or the equipment used to provide the Service by customers, authorized resellers, or other authorized users is not allowed.

• Service Circumvention: Any actions to disable, interfere with, or circumvent any aspect of the Service are strictly prohibited.

• Spam: The generation, distribution, publication, or facilitation of unsolicited mass emails, promotions, advertisements, or other solicitations, commonly known as "spam", is not permitted.

As well as all similar activities.

7.4 Property rights: : If the content posted by the customer or its users is protected by copyright, trademark law or other property rights, the customer shall grant us a simple right of use for the reproduction of the protected content during the term of the contract, in particular the corresponding right of reproduction, distribution, editing and the right to make it publicly accessible.

7.5 Duty of care: Each customer is obliged to exercise the greatest possible care when using passwords, user names or other security devices provided in connection with our services and to ensure that their disclosure to third parties is prevented. The customer shall be liable for damages resulting from unauthorized use of passwords by unauthorized third parties.

7.6 Third Party Duties: Each Enterprise Customer decides for itself which persons of its contractual partners it grants access rights to which areas within the scope of its projecte. If the Enterprise Customer allows users to use caisy.io who do not have a direct contractual relationship with us, the Enterprise Customer will impose the same obligations on these contractual partners and users as the Enterprise Customer has towards us.

7.7 Third Party Rights: The customer alone shall be responsible for all content, for its correctness and legal admissibility. The customer and each user assures in particular that the posted content does not violate the rights of third parties, in particular copyrights, personal rights, design rights and/or trademark rights of third parties and does not violate legally valid, in particular competition law and/or criminal law and/or data protection regulations. The customer is fully responsible for any misconduct of its users.

7.8 Content Responsibility: As a user of caisy.io, a product of cyclus.digital GmbH, you have access to various types of information such as data files, written text, software, audio files, photographs, videos, and other images. This information, referred to as "assets," is solely the responsibility of the person who originated it. However, "assets" does not include the web application you create using caisy.io Services or any source code you write for use with caisy.io Services, collectively known as "Applications."

7.9 Content Removal: cyclus.digital will not take note of and/or control the content of this content. cyclus.digital is not obliged, but entitled, to check the content for its legal admissibility. However, if the suspicion arises that content violates legal, in particular criminal, regulations, cyclus.digital is entitled to either block or remove content at its own discretion and in urgent cases without prior consultation.

7.10 Policy Violation: If you become aware of an End User of Applications violating the Acceptable Use Policy, you must immediately terminate that end user's account on your Application. caisy.io reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.

7.11 Liability for Content: You agree that you are solely responsible for the Applications or any Content that you create, transmit, or display while using the caisy.io Services, and for the consequences of your actions. caisy.io is not responsible for any loss or damage that may occur as a result.

8.1 Content Ownership: At caisy.io, we respect your rights. You maintain ownership and control over any content or applications you provide. You hold the copyright and any other rights to your content and/or applications, and it's your responsibility to protect those rights. When you submit, post, or display content through the caisy.io services, you grant caisy.io a worldwide, royalty-free, non-exclusive license. This license allows us to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute your content. This is solely for the purpose of enabling us to provide you with the caisy.io services. Similarly, when you create an application using the caisy.io services, you grant us the same type of license for the same purpose.

8.1 Collaboration Rights: If you add a collaborator to your application, you're granting that user a non-exclusive, royalty-free, non-transferable license. This license doesn't include the right to sub-license. It allows the collaborator to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate, and analyze your application(s) and content. This is only permitted by the relevant caisy.io services functionality or features and is solely for the purpose of collaborating on the development of the application(s).

8.2 Feedback and Suggestions: We may invite you, or you may choose, to submit comments or ideas about the caisy.io services, including suggestions for improvements. If you submit any idea, you agree that your disclosure is voluntary, unsolicited, and without restriction. This means that caisy.io is not obligated in any way, and we're free to use the idea without compensating you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.

8.3 Use of Your Brand Features: You agree that caisy.io, at its sole discretion, may use your trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. We may use these in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website). This is for the purpose of advertising or publicizing your use of the caisy.io services.

9.1 Ownership of Rights: You understand and agree that caisy.io, or its licensors, possess all legal rights, ownership, and interest in the caisy.io Services, including any intellectual property rights inherent in the caisy.io Services, regardless of whether these rights are registered and wherever they may exist globally.

9.2 Content and Application Rights: Except as stated in Section 8, caisy.io acknowledges that it does not gain any rights, ownership, or interest from you under these terms in relation to any Content or Applications that you create, submit, post, transmit, or display on or through the caisy.io Services. This includes any intellectual property rights inherent in that Content and the Application, regardless of whether these rights are registered and wherever they may exist globally. Unless you have a written agreement with caisy.io stating otherwise, you agree that it's your responsibility to protect and enforce those rights, and caisy.io isn't obligated to do so on your behalf.

10.1 Legal Limitations: Nothing in these terms, including sections 10 and 13, will limit or exclude caisy.io's warranty or liability for losses which cannot be lawfully excluded or limited by applicable law.

10.2 Risk Acknowledgement: You acknowledge and agree that your use of the caisy.io service is solely at your own risk and that caisy.io's services are provided "as is" and "as available."

10.3 No Guarantees: cyclus.digital GmbH, its subsidiaries and affiliates, and its licensors do not make any specific promises or warranties about the caisy.io services. This includes any implied warranties of merchantability, suitability for a specific purpose, and non-infringement. Specifically, cyclus.digital GmbH, its subsidiaries and affiliates, and its licensors do not guarantee that: (A) the caisy.io services will meet your specific needs, (B) the caisy.io services will be uninterrupted, timely, secure, or error-free, and (C) the usage data provided through the caisy.io services will be accurate.

10.4 Indemnity Obligation: As a user of caisy.io, a product of cyclus.digital GmbH, you agree to protect, defend, and indemnify caisy.io and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners (collectively referred to as "caisy.io and Partners") from any claims made by third parties that arise from or are related to (a) your violation of these Terms, (b) your use of caisy.io Services, (c) your non-compliance with applicable laws, rules, or regulations in connection with the caisy.io Services, or (d) your Content or your Application. This includes any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, caisy.io will provide you with written notice of such claim, suit, or action.

10.5 Scope of Liability: Under the terms of this agreement, the liability of cyclus.digital GmbH, a product of cyclus.digital GmbH, is defined and limited as per the following provisions (10.6 to 10.11):

10.6 Personal Injury Liability: caisy.io holds unrestricted liability for any death, personal injury, or health damage caused by the intent or negligence of caisy.io, its legal representatives, or assistants.

10.7 Warranty Liability: caisy.io is liable for losses resulting from the absence of any warranted characteristics up to the amount covered by the warranty's purpose and which was foreseeable at the time the warranty was given.

10.8 Product Liability: In the event of product liability, caisy.io's liability aligns with the German Product Liability Act.

10.9 Primary Obligations Liability: cyclus.digital GmbH is liable for losses caused by the breach of its primary obligations. Primary obligations refer to the fundamental duties that form the essence of the agreement, which influenced the agreement's conclusion, and upon which the licensee may rely. If caisy.io breaches its primary obligations through simple negligence, its ensuing liability is limited to the amount foreseeable at the time the respective service was performed.

10.10 Data Loss Liability: cyclus.digital GmbH liability for data loss is limited to the typical recovery costs that would have been incurred with proper and regular data backup measures.

10.11 Exclusion of Further Liability: Any liability of caisy.io beyond these specified conditions is excluded.

11.1 Policy Adherence: You commit to establishing a procedure to address notices of alleged infringement that comply with applicable intellectual property laws in Germany and the United States' Digital Millennium Copyright Act ("DMCA notices"). caisy.io, a product of cyclus.digital GmbH, has a policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to remove content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.

12.1 External Resources: caisy.io's services may contain hyperlinks leading to other websites, resources, or email content. These are provided by entities other than caisy.io, over which caisy.io has no control.

12.2 Non-Endorsement: You understand and agree that caisy.io is not responsible for the availability of such external sites or resources. Furthermore, caisy.io does not endorse any advertisements, products, or other materials presented on or available from these websites or resources.

12.3 No Liability: You acknowledge and agree that caisy.io is not accountable for any loss or damage that you or your end users might incur due to the content or availability of these external sites or resources. This includes any loss or damage resulting from reliance on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from such websites or resources.

13.1 Notice of Changes: caisy.io, a product of cyclus.digital GmbH, reserves the right to modify these Terms as needed. In the event of significant alterations, we commit to providing you with a minimum of seven (7) days notice prior to the changes taking effect. During this notice period, you have the option to decline the changes by closing your account.

13.2 Acceptance of Changes: Please note that if you continue to use caisy.io Services after the date the changes come into effect, your usage will be considered as an acceptance of the updated Terms.

14.1 Complete Agreement: These Terms represent the complete and exclusive legal agreement between you and caisy.io (a product of cyclus.digital GmbH) regarding your use of caisy.io Services, replacing any previous agreements. Unless you and caisy.io have a separate written agreement that explicitly overrides these Terms, these Terms apply.

14.2 No Third-Party Beneficiaries: These Terms do not provide any benefits to third parties. You and cyclus.digital GmbH are independent entities, and these Terms do not establish any form of partnership, joint venture, or agency relationship.

14.3 Language of Terms: If caisy.io provides a translated version of these Terms, the English version will prevail in case of any discrepancies.

14.4 Communication: caisy.io may send you notices, including changes to these Terms, via email, regular mail, or postings on the caisy.io Services. By providing your email address, you agree to receive legally required notices via email instead of postal mail.

14.5 Force Majeure: caisy.io is not responsible for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, such as natural disasters, governmental actions, power failures, internet disturbances, or acts of terrorism.

14.6 Governing Law: All legal relations between the user and us shall be governed by German law, in particular the service contract law of the German Civil Code (BGB), to the exclusion of the provisions of the Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980.

14.7 Jurisdiction: With merchants, the registered office of cyclus.digital GmbH is agreed as the place of jurisdiction; however, we are also entitled to take legal action at other statutory places of jurisdiction. With other users, the place of business of cyclus.digital GmbH is only agreed as the place of jurisdiction if the user in question does not have a general place of jurisdiction in the Federal Republic of Germany.

14.8 Assignment: You cannot transfer any of your rights or obligations under these Terms without cyclus.digital GmbH prior written consent.

14.9 Validity of Terms: If any provision of these Terms is or becomes invalid, it will not affect the validity of the remaining provisions. In such a case, both parties are obligated to agree on new terms that most closely achieve the intended legal result of the invalid provision. This also applies to filling any gaps in the Agreement.