Terms of service

Scope

These terms cover this website, the GHub applications, the hosted GPlatform services, and the other services Gelhaus Solutions operates that are neither — Contribution Checker, Discord Tickets and DAnalytics are hosted by us without being part of GHub or running on GPlatform. In each case they apply except where something higher up the ladder below says otherwise.

Which document wins. Several documents can speak to one situation. Where they conflict, this is the order, highest first:

1. A separate agreement signed by both of us.
2. The licence shipped with an application, for questions about the licence.
3. The terms for the particular product, at /apps/<product>/terms.
4. The processing annex for that product, for questions about personal data processed on your behalf.
5. The data processing agreement, for the same questions where the annex is silent.
6. These general terms.
7. Anything else on this website.

A document lower down is not overridden wholesale by one above it. Only the conflicting point gives way, and the rest of the lower document continues to apply.

"GHub" means the products named on the G scheme — GAdvisory, GControl, GPlatform Control, GPlatform Billing, GeGroups, GAnalytics, GBoarse. A service we host that is not one of those is still ours to run properly; it is simply licensed on its own terms rather than on GHub's.

The provider is Gelhaus Solutions, a sole proprietorship whose details are in the legal notice.

Software and licences

Each application in the GHub line is licensed on its own terms, stated in its repository or with the application. Nothing on this website grants a licence, extends one, or changes one. Reading a description here is not acquiring a right to use anything.

Applications you run on your own infrastructure are yours to operate. We have no access to those systems, no visibility into them, and no control over them.

What "commercial use" means

Several products are free to run for non-commercial purposes and need a business licence otherwise. The term is defined in the licence itself and is repeated here word for word so that the two cannot come to mean different things:

Commercial purposes include use in, by or for a business or other commercial undertaking, whether or not the software is provided to anyone outside it, and whether or not a fee is charged. Non-commercial use is not restricted by this paragraph.

Where the licence file shipped with an application and this website disagree about the licence, the licence file shipped with the application wins, and we would like to be told so that the website can be corrected.

Hosted services

Where a hosted GPlatform service is made available, the account holder is responsible for the accounts they create, for the content they place in the service, and for the lawfulness of the processing they carry out with it. Where that involves personal data of third parties, a separate data processing agreement applies.

Hosted services may be changed, suspended or withdrawn. Where a service is paid for, notice will be given and any unused prepaid fee will be refunded on a pro rata basis.

No service level

Except where a separate signed agreement states one in words, nothing here carries a service level. No uptime, no availability, no response time and no restoration time is owed or implied.

Services may be maintained, changed, suspended or withdrawn at any time. Nothing outside a signed agreement creates a commitment to the contrary — not a changelog, not a status page, not a roadmap, and not anything said in a support conversation.

No warranty

Everything here is provided as it is and as it happens to be available, without warranty of any kind, express or implied, and is used at your own risk. There is no assurance that it is fit for any particular purpose, that it will run uninterrupted or error-free, or that any defect will be corrected.

Software provided free of charge is provided gratuitously, and liability for it is limited to intent and gross negligence (Sections 521 and 599 BGB). Free and open-source components carry the warranty their own licences give them, which is none.

Where a service is paid for, the statutory rights of a consumer are unaffected by this section.

Acceptable use

Do not use these services to break the law, to attack others, to send unsolicited bulk messages, or to interfere with the operation of the service for anyone else. Security research against your own installation is welcome; against our infrastructure it is welcome under the disclosure policy and not otherwise.

Liability

To the fullest extent the law permits, we are not liable for any damage arising from the use of these services, from their unavailability, from their change or withdrawal, or from any loss or corruption of data.

Where mandatory law does not permit that, the following applies instead. Liability is unlimited for damage arising from injury to life, body or health, for damage caused intentionally or through gross negligence, where a guarantee has been given, and in the scope of the Produkthaftungsgesetz. For simple negligence, liability exists only for the breach of an essential contractual obligation — an obligation whose fulfilment makes proper performance of the agreement possible in the first place, and on whose observance you may regularly rely — and is then limited to the damage typically foreseeable for an agreement of this kind.

Within those limits, liability for indirect damage, consequential damage, lost profit, lost savings, lost or corrupted data and business interruption is excluded.

Nothing in these terms limits liability where the law does not permit it to be limited, and nothing in them affects the statutory rights of a consumer.

Your data is your responsibility

Keeping your own backups, and testing that they restore, is your duty and not ours. This is true whether you run the software yourself or we host it for you, and it is true whether or not a backup feature exists in the product.

Where data is lost or corrupted, liability is limited to the cost that recovering it from a backup kept properly would have caused.

Where you are a business

Where you are an entrepreneur within the meaning of Section 14 BGB, and in addition to the limits above: liability for simple negligence is capped at the fees paid for the affected service in the twelve months before the event, and claims lapse twelve months after you became aware of them, except where the law requires a longer period.

This section does not apply to consumers.

Claims by others

You are responsible for what you do with these services, for the lawfulness of it, and for everything done under your account.

Where a third party brings a claim against us because of your use of a service — for infringement of their rights, for unlawful content, or for a breach of these terms — you will indemnify us against that claim and against the reasonable cost of defending it. This does not apply where you are not responsible for the circumstances giving rise to the claim.

Beyond our control

We are not responsible for failures caused by circumstances outside our reasonable control, including network and power failures, the acts or omissions of upstream providers, denial-of-service attacks, industrial action, and legal or regulatory orders. For as long as such an event lasts, the affected obligations are suspended.

Early access

Where something is offered as a preview, a beta or an early-access account, it is offered for evaluation. It may change, break or end, and the data in it may not survive. No service level applies to it, and no service level can be agreed for it.

Term and termination

Where a service is provided under an ongoing arrangement, either side may end it in accordance with what was agreed. We may suspend access immediately where use of a service is unlawful or is causing damage to the service or to others.

Our names and marks

"Gelhaus Solutions", "GHub", "GPlatform" and the product names are ours. Nothing here grants a right to use them.

You may of course say what you use, describe it accurately, and refer to a product by its name in order to talk about it. What you may not do is use a name or mark in a way that suggests we endorse, supply or are responsible for something we are not, or use one in your own product name, domain or logo.

Where a licence requires notices to be kept intact, that requirement is part of the licence and this section does not soften it.

Ideas you send us

You keep everything you own. Nothing here takes a licence to your data, your content or your code.

If you send us feedback about a product — a bug report, a feature request, a suggestion in a support conversation — you allow us to use it to build and improve our products, without obligation and without a fee. This is deliberately narrow: it covers the suggestion, not anything else you happen to have shown us in making it, and it does not touch your confidential information or the personal data covered by the processing agreement.

Transfer

You may not transfer your rights or obligations under an agreement with us without our agreement in writing, which will not be withheld unreasonably.

We may transfer ours to a successor of the business, in whole or in part. Where that happens you will be told beforehand, and where the agreement is an ongoing one you may end it, without cost, up to a month after being told.

Which language governs

These documents are published in English and German. Both are prepared with the same care, and neither is a machine translation of the other.

Where the two differ on a point of substance, the German version governs where German law applies to the agreement, and the English version governs otherwise. Tell us about any difference you find; a divergence between the two is a mistake to be fixed rather than a choice.

If a clause does not hold

If a provision of these terms is or becomes ineffective, the rest remains in force. The ineffective provision is replaced by the statutory rule.

Governing law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is the registered seat of the provider.

Changes

These terms may change. For casual use of this website and its services, the version published here at the time of use applies.

Under an ongoing arrangement it works differently, because silence is not agreement. You will be told of a material change at least six weeks before it is to take effect, by email to the address on your account, and told what is changing and that you may object.

If you object before the date, the change does not become part of your agreement, and either of us may end the arrangement for that reason at the date the change would have taken effect. If you do not object, the change applies from that date — but only because you were told in advance and given the choice, and never for a change that would alter the essential content of what was agreed.

Every version is published with its date and stays retrievable, so you can read the version you accepted and see what changed since.