History

1. Subject

SixSq makes available to the public a platform called Nuvla.io accessible via the URL https://nuvla.io/ui (the “Platform”), which is designed to bring together customers (the “Purchasers”) and sellers (the “Vendors”). The purpose of these General Terms and Conditions of Use (the “ToS”) is to define the terms and conditions of use of the Platform.

These ToS are accessible at any time on the website https://nuvla.io (the “Website”) and shall prevail, as the case may be, over any other version or any other contradictory document, including terms agreed between Vendors and Purchasers.

2. Definitions

  • ToS means these Terms and Conditions of Use;
  • Account means the account that must be created in order to become a User and access certain services offered by the Platform;
  • User refers to any person who has created an Account on the Platform;
  • Purchaser refers to any User of the Platform who uses the Platform to deploy and manage Applications offered by the Vendors, as well as deploy edge and manage edge equipment;
  • Platform means the Nuvla.io platform accessible at https://nuvla.io/ui;
  • Vendor refers to person or organisation making Applications available on the Platform for the purpose of being deployed by Purchasers;
  • Website means the website accessible at https://nuvla.io.
  • Payment Service means the payment service integrated into the Platform;
  • Application means a set of information enabling the Platform to deploy software on the User’s IT infrastructure;
  • Coupon means a numeric code, generated by SixSq and recognised by the Platform, allowing a User to have its invoice reduced by a certain amount or percentage;
  • Group means a resource on the Platform that allows multiple Users to collaborate.

3. Independence of the parties

SixSq acts only as a Platform operator and does not intervene in any way in the contractual relationship that may be formed between Purchasers and Vendors.

Each User of the Platform thus acts on his or her own behalf, in such a way that SixSq cannot be considered as an agent with respect to them. These ToS do not constitute an association, a joint venture, a franchise, a partnership, a subordinate relationship or a mandate given by Users to SixSq.

4. Acceptance

Users of the Platform agree to comply with and be bound by the provisions of these ToS. Users of the Platform acknowledge that they have read these ToS and expressly accept them, without reservation and/or modification of any kind whatsoever.

This acceptance is materialised by a checkbox on the registration form when creating an Account, or the confirmation of acceptance of an invitation to create an Account, on the Platform.

Any use of the Platform in violation of these ToS is subject to civil and criminal penalties.

5. Modification of the General Terms of Use

SixSq reserves the right to modify, at any time and without prior notice, all or part of these ToS. Any modification of these ToS will be published on the Website.

Modifications to these ToS are binding on users of the Platform from the time they are posted on the Website. Consequently, it is the responsibility of Users to regularly refer to the latest version of the ToS available on the Website https://nuvla.io/terms/tos.

6. Registration to the Platform

6.1. Conditions of registration to the Platform

Where registration on the Platform is made on behalf of and under the name of a legal entity, the person carrying out the registration procedure declares and guarantees that he or she has the capacity, power and authority to act and conclude in the name and on behalf of the said legal entity.

In any event, registration on the Platform may only be made by a natural person aged 18 or over. Any registration on the Platform by a minor is strictly forbidden. By accessing, using or registering on the Platform, you represent and warrant that you are 18 years of age or older.

6.2. Opening the Account

The Platform allows Users to deploy, manage and update cloud and edge Applications, as well as to deploy edge equipment. The Platform also allows edge and cloud Applications to be sold and purchased on a subscription basis. Finally, the Platform offers a range of tools to secure the use of the Platform.

To create an Account, you must fill out the activation form available on the Platform, and choose your identifiers by entering a valid user email. Any incomplete or erroneous registration request will not be validated.

To register on the Platform, you must have read and accepted these ToS.

When creating his/her Account, regardless of the method chosen to do so, the User guarantees to provide accurate, up-to-date and complete information during the registration process and undertakes to update said information in order to preserve its accuracy, relevance and completeness at all times.

The User undertakes, where applicable, to keep the password chosen when creating his Account secret and not to communicate it to anyone. In the event of loss or disclosure of the password, the User undertakes to inform SixSq immediately. The User is solely responsible for the use made of his/her Account by a third party, as long as he/she has not expressly notified SixSq of the loss, fraudulent use by a third party or disclosure of his/her password to a third party.

The User undertakes not to create or use, under his/her own identity or that of a third party, any Accounts other than the one he/she initially created.

6.3. Account suspension and termination

SixSq reserves the right to:

  • verify the information provided by any means,
  • suspend or terminate an Account and access to the Platform if the User does not comply with these ToS, or if any information provided during the registration process, or thereafter, proves to be inaccurate, fraudulent, obsolete or incomplete, or otherwise violates these ToS or the rights of third parties.

You may terminate your Account at any time without additional charge and without cause. To do so, simply notify SixSq’s support department by email at support@sixsq.com.

7. Use of the Platform

Users must have a valid and active account. The Platform allows Vendors to offer edge and cloud Applications. Purchasers, also Users, can purchase edge and cloud Applications by deploying these Applications on their edge and/or cloud infrastructures. A Purchaser can create a Group, which allows the sharing of different resources with other Users. The Purchaser is then responsible for the purchases made by Users in the Group, when acting as members of the Group. Users can be both Vendors and Purchasers.

8. Financial Conditions

8.1. Consumption and Billing Follow-up

The Platform regularly measures the consumption of each Purchaser and calculates the corresponding price. The calculation is normally carried out daily and the invoices are issued monthly. The invoice is then sent to the Purchaser. Once the payment is received, the Payment Service distributes the corresponding remuneration to the Vendor, less a commission for the Platform. This commission is normally 20%, which includes the commission for the Payment Service.

8.2. Invoices and Payments

Purchasers receive their invoices by email and can consult them on the Platform. Invoices must be paid on time, normally within 14 days.

Pay-as-you-go invoices are produced and sent on a monthly basis. Subscription invoices are produced and sent at the start of the period (normally yearly). For example, a edge management subscription (e.g. Moon or Solar System plans) will be invoiced at purchase time. Such a plan grants Purchasers access to discounted edge device management services, which will be metered and invoiced monthly, in arrears.

8.3. Unpaid Invoices

In the event that an invoice is unpaid, the Platform may block the User’s Account or limit the available functionality of the Platform.

8.4. Financial conditions for Vendors

The Vendor must provide the necessary information to be able to receive payments from the Platform’s Payment Service. The Vendor shall define the subscription amount for each Application that it offers on the Platform. The Vendor cannot sell to Purchasers Applications outside the Platform.

8.5. Financial conditions for the Platform

The Platform can offer paid services, such as subscriptions for edge device management. Prices for these services are available on the Website and the Platform.

9. Payment Service

The Platform, operated by SixSq, uses and integrates Stripe online payment services, including the Stripe Connect service. The Stripe ToS apply to Users of the Platform (https://stripe.com/en-ch/ssa). Vendors must create a Stripe account, which is integrated when creating a Vendor profile. Users and Purchasers must register on the Platform a payment method supported by Stripe (e.g. credit card, bank account with SEPA).

10. Coupons

SixSq may, from time to time, offer Coupons to Vendors. These Coupons allow Vendors to offer Purchasers free discounts on their invoices for marketing and promotional purposes. These Coupons are generally single-use, time-limited and only associated with a single Application. It is the Vendor’s responsibility to notify SixSq of any lost Coupons as soon as possible. These Coupons reduce a Purchaser’s invoice either by a nominal value (the invoice cannot be negative following the Application of a Coupon) or by a percentage. The Coupon must be applied by the User when deploying an Application corresponding to the Coupon using the Platform.

12. Cancellation Policy

The User may terminate his/her account at any time by sending an email to support@sixsq.com. In this case, the Platform will issue a closing invoice that the User must pay within the time limit. Any resources associated with the User’s Account will be destroyed.

13. Personal Data

As part of your use of the Platform, we may collect and process some of your personal data in order to enable SixSq to ensure the use of the Platform by Users.

With regard to the personal data submitted by Users to SixSq, which are recorded and processed, SixSq undertakes to comply with the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) including any amendment thereof and the relevant Swiss legislation on data protection, and as further described in SixSq’s privacy policy available on SixSq’s website. https://sixsq.com/terms/aai-privacy

SixSq shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Users’s data or its accidental loss, destruction or damage. However, under no circumstances shall SixSq be held responsible for any such unauthorised or unlawful processing of User’s data or its accidental loss, destruction or damage.

By using the Platform and registering as a User, you acknowledge and agree to the processing of your personal data by SixSq in accordance with applicable law.

Any User of the Platform has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regard to the information concerning him/her. The User may exercise this right by sending an e-mail to support@sixsq.com or a letter addressed to the company at SixSq, 267 Route de Meyrin, 1217 Meyrin, Geneva, Switzerland, stating his or her full details (first and last name, address, telephone number, e-mail address and specifying the subject of the e-mail or letter).

14. Intellectual Property

Subject to the content provided by its Users, the content of the https://nuvla.io website is the property of SixSq and is protected by Swiss and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

15. Service Level Agreement (SLA)

Users purchase or subscribe to a level of service when using the Platform. Several SLAs are available. By default, the Bronze Service Level Agreement applies if none other are purchased separately. The Bronze SLA includes:

  • 24 hours a day and 7 days a week automated monitoring of the Platform;
  • Human support service available during normal working days;
  • The human support service is not available during the official public holidays in Geneva;
  • Users must report serious issues to SixSq by sending an email to support@sixsq.com or using the Platform in-app chat.

SixSq shall use 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:

  • Planned downtime and maintenance events;
  • Force Majeure Events;
  • Unavailability of the SixSq websites (e.g. docs.sixsq.com, sixsq.com);
  • Failures or malfunctions in any Vendor or User software, equipment or technology;
  • If the User is in breach of these terms, including but not limited to its payment obligations against the Platform and the use of the Platform; and/or
  • Catastrophic failure of the public cloud infrastructure the Platform relies on.

The Platform shall deliver the following availability:

  • Nuvla.io API and User Interface: 99.5% annual availability (i.e. 365 days minus 1d 19h 49m)
  • VPN Service: 99% annual availability (i.e. 365 days minus 3d 15h 39m 29s)
  • Other Services: best effort, unless specified in the Confirmation Order

SixSq provides no SLA whatsoever for the Apps provided by Vendors and deployed by the User.

16. Partial nullity

If one or more stipulations herein are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations shall retain their full force and scope.

17. Applicable Law

The present ToS and the operations resulting therefrom are governed by Swiss law and the Geneva Court. They are written in English. In the event that they are translated into one or more languages, only the English text shall be authentic in the event of claims.

18. Identification - Contact

Our contact information is as follows:

  • Company: SixSq
  • Registered office address: 267 Route de Meyrin, 1217 Meyrin, Geneva, Switzerland
  • VAT number: CHE-113.788.438 VAT
  • E-mail: support@sixsq.com

19. Claims

Any claims relating to the interpretation and/or execution of these ToS shall be subject to Swiss jurisdiction in Geneva.

Claims should be addressed to claims@sixsq.com.

Note: these terms derive from the original work of Antoine Dufrane.

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