|Company||Code Commission UG (haftungsbeschränkt)|
|Office Berlin||Grottkauer Str. 8, 12621 Berlin, Germany|
|Registration Court||Berlin-Charlottenburg HRB 148953 B|
|Managing Director||Mike Bild|
1.1.Code Commission UG (haftungsbeschränkt) ("CodeCommission") offers cloud based Backend-as-a-Service ("BaaS") services as well as related services as further specified on codecommission.com (both the "Website") and individually offered by CodeCommission (jointly the "Services", "Service"). The Service allows the Users to create and manage BaaS and to serve it to web and mobile applications or any other platform.
1.2.All contractual relationships between CodeCommission and any user using the Services offered by CodeCommission (a "User", "Users") shall be governed by these Terms of Service (the "Terms of Service"). By registering with CodeCommission's Website or using the Services, the User agrees to be bound by these Terms of Service.
1.3.The Service offerings of CodeCommission are available to both Consumers and Business Clients (as defined below). For the purpose of these Terms of Service, (i) a "Consumer" is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a "Business Client" is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
1.4.Standard business conditions and/or general terms and conditions of the User do not apply, regardless of whether or not CodeCommission has expressly objected to them in a particular case.
2.1.Any use of the Services requires prior registration on the Website by creating a CodeCommission account and the acceptance of these Terms of Service. By clicking the box "I agree to these Terms of Service" or by registering on the Website after CodeCommission has provided a link with these Terms of Services stating that they will be included, a User agrees he has read, understood, and accepted the Terms of Service.
2.2.CodeCommission offers its Services to persons over 18 years of age.
2.3.The User is responsible for the accuracy of the information necessary for registration as a User. He is obligated to keep credentials secret and protect them against unauthorised use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, he must report the same to CodeCommission to email@example.com.
2.4.Any User will be offered to invite other Users, inside as well as outside of his own organization.
3. Use of Services
3.1.Offers published by CodeCommission on the Website are non-binding.
3.2.The User may use the Services to a certain limit for free, or for a trial run, after registering. The User may only register for a free plan once. If a User registers for more than one free plan, then CodeCommission will have the right to delete these additional accounts.
3.3.By registering on the Website according to Section 2 hereof and subscribing to a subscription plan, the User makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by CodeCommission by making available the respective Service. Upon the acceptance of a subscription a contract between the User and CodeCommission is concluded (the "Contract").
3.4.The User can subscribe to the Services on a monthly or annual basis.
4. Technical Requirements
4.1.In order to use any of the Services please check all technical details and conditions on our Website. CodeCommission will update all information about its platform/Website frequently ("Technical Requirements").
4.2.The User is solely responsible for the fulfilment of the Technical Requirements; CodeCommission does not owe and/or provide any consultancy services in connection therewith if not otherwise agreed with CodeCommission. CodeCommission provides support for Users using a paid subscription plan.
4.3.The use of Services may differ depending on the hardware and/or software used by the User.
5. Prices and Payment
5.1.The User, when using a paid subscription plan, will be required to provide CodeCommission with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a "Payment Source") for which the User is authorized to approve charges to allow CodeCommission to collect payment from the Users for their purchases. The Users authorize CodeCommission to automatically and immediately bill the Payment Source when payments for subscription plans are due. The User shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the User.
5.2.The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and at every renewed period of subscription respectively according to the current price list.
5.3.CodeCommission may amend the price list of Services at any time upon observance of statutory regulations and notifying the Users about the amendment.
5.4.The stated prices are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the User.
5.5.The dollar sign ($) denotes U.S. Dollars unless another currency is explicitly specified.
6. Contract Period, Termination of Contract, Cancellation of account
6.1.The term of use depends on the subscription period chosen by a User when ordering CodeCommission's Services and shall be renewed for that same period (i.e. another month/year) each time the User does not terminate the Contract according to Section 6.2 below.
6.2.The User may terminate a Contract before the end of the ordered subscription period or to the end of the respective renewed period. The User can also change the length of the ordered subscription plan before the end of his subscription period instead of terminating the Contract. The ordinary termination of a Contract before expiry of the respective subscription period is hereby excluded. The User having used the trial run may unsubscribe from CodeCommission anytime without giving reason and without notice by using the respective button in his account.
6.3.A User may also switch to a cheaper plan within the ordered subscription period. Payments already made for the ordered plan will not be refunded. Instead, CodeCommission will use the credit of the User to deduct payments for further uses within the cheaper plan.
6.4.The right of termination for cause and without notice remains unaffected for both parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
6.4.1.the User fails to comply with any applicable legal provisions;
6.4.2.the User fails to comply with any terms of these Terms of Service;
6.4.3.the User fails to pay the fees for the ordered Services.
6.5.Any termination declaration must be at least in text form according to section 126b BGB (e.g. by letter, email) to Code Commission UG (haftungsbeschränkt), Grottkauer Str. 8, 12621 Berlin or to firstname.lastname@example.org.
6.6.After a User has terminated the Contract, CodeCommission will not provide any stored data in the account. CodeCommission will delete any data of that User after he has cancelled his registration.
7. Prohibited use
7.1.The Users shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. It is particularly forbidden to use the Website and/or Services to distribute illegal Content and/or Content that infringes third parties rights, in particular but not limited to
7.1.1.pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products;
7.1.3.threats to other Users;
7.1.4.Content that affects or infringes the rights of third parties or that is covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
7.2.Furthermore it is forbidden
7.2.1.to use temporary e-mail addresses;
7.2.2.to create multiple accounts for disruptive or abusive purposes;
7.3.CodeCommission reserves the right to delete any infringing Content according to this Section 7, terminate the Services and/or suspend accounts of Users that are violating any of these Terms of Service, in particular this Section 7.
8. User’s Warranty, Responsibility
8.1.The User is solely responsible for its Content and for payments of all fees and licences related hereto, such as royalty payments to any collection societies. In particular the User represents and warrants that any material, data, images, photos, videos, music and other Content submitted or otherwise transferred or published via CodeCommission's Website or the use of the Services does not infringe third party rights or any applicable law and does not consist of or include Content according to Section 8 hereof.
8.2.CodeCommission has no ability to and does not control or monitor any of the Content. CodeCommission is not responsible or liable for the availability, accuracy, completeness, freshness and legality of the Content.
Any User who is a Consumer according to the definition in Section 1.4 hereof is entitled to revoke his order as follows:
-Information on the right of withdrawal- Right of withdrawal for Consumer You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us, Code Commission UG (haftungsbeschränkt), Grottkauer Str. 8, 12621 Berlin Germany, email: email@example.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. [You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website codecommission.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. e-mail) without delay.] To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. - End of information on the right of withdrawal -
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To Code Commission UG (haftungsbeschränkt), Grottkauer Str. 8, 12621 Berlin Germany, email: firstname.lastname@example.org: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date (*) Delete as appropriate
10. Liability of CodeCommission
10.1.CodeCommission is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence by CodeCommission, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance CodeCommission's liability shall be as set forth in the provisions for slight negligence.
10.2.In cases of slight negligence, CodeCommission is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if the purpose of the Contract is threatened thereby or if it its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfilment of these duties. In the aforementioned cases, CodeCommission is only liable for foreseeable damages by a User at the time the respective Service was performed. Liability of CodeCommission for consequential damage and lost profit is excluded.
10.3.CodeCommission is only liable to Business Clients according to the definition of Section 1.4 hereof in the event of gross negligence for predictable damages up to the amount of the respective price of Service.
10.4.CodeCommission will not be liable hereunder by reason of any failure to timely perform its Services due to an event beyond its reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.
10.5.CodeCommission will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of Service. No guarantee of CodeCommission shall be given for the absence of viruses or any other harmful components of the Website or CodeCommission's software.
10.6.If the liability of CodeCommission is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.
10.7.The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of CodeCommission, its legal representatives or assistants in performance.
11.1.A User will indemnify, defend, and hold harmless CodeCommission and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities ("Losses") that arise out of, or in connection with (i) the Users use of the Website and/or Services; (ii) any breach by a User of any warranty defined in Section 9; (iii) any claim that the User’s Content caused damage to a third party.
11.2.In cases of an aforementioned enforcement of claims by third parties, the User will provide CodeCommission with all his information that is needed for the examination of the claim and for the defence against it. The User provides the information immediately, truthfully, and completely.
11.3.The regulation of liability of a User or his obligation of indemnification shall apply to the same extent in the event of an act of his sub-account user.
12. Intellectual Property Rights
12.1. CodeCommission LicenseSubject to the Users compliance with the terms and conditions of these Terms of Service, CodeCommission grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Website and the Services including certain software and not to download or modify it, as part or as a whole (the "CodeCommission License"). The CodeCommission License does not include the right of any resale or other use outside the offered Services. Any commercial use of the Website and/or Services requires CodeCommission's prior written approval. The CodeCommission License granted to a User will automatically terminate without notice from CodeCommission if the respective User breaches any terms of these Terms of Service.
12.2. User ContentCodeCommission does not claim any ownership rights in User Content. However by uploading, streaming, emailing or otherwise transmitting any Content to CodeCommission, the User hereby grants CodeCommission the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.
13. Use for reference
13.1.The User agrees that CodeCommission may use information of the User provided by him (i.e. the name/trademark) for marketing purposes as reference on their website. The User may withdraw such consent by writing an email to CodeCommission to email@example.com.
14. Data Protection
15.1.Any contracts entered into between CodeCommission and a User shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
15.2.If the User is a Business Client or if the User is a legal entity or a foreign special fund organized under public law, the courts in Berlin, Germany, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
15.3.Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.
1. Collection of DataCode Commission UG (haftungsbeschränkt) ("CodeCommission") collects information through its websites on codecommission.com (the "Websites") in several places. If you use the Websites, you will need to register to use certain features (each registered user a "User"). The registration process requires that you provide us with your first name, last name, email address, and company name ("Personal Data"). The Personal Data will be handled by CodeCommission in strict confidence according to the applicable legal provisions. The Personal Data will only be collected, processed and used for the purpose of providing our Websites functions, unless you expressly consent to other uses. The Personal Data is collected, used and processed electronically. No persons under the age of 18 will be actively marketed to, nor will they be knowingly asked to provide personal information.
2. Use of Personal DataCodeCommission will only transfer or process Personal Data to third parties if this is required for statutory or legal reasons and/or if this is required in order to offer and implement services of CodeCommission to you and/or if CodeCommission has your explicit consent to do so. CodeCommission shall be entitled to collect, process and use your Personal Data for the purpose of identifying, delimiting and removing malfunctions and errors in the telecommunication systems. If the requirements are met, CodeCommission may collect, process and use Personal Data that is necessary to uncover any unlawful use of the telecommunication systems and services. In accordance with prevailing legal provisions, CodeCommission may provide information to criminal prosecution authorities and courts for prosecution purposes.
3. Use of Web Analytic ServicesThe following web analytic services are used to improve the user experience of our Websites.
a.CodeCommission uses Google Analytics, a service for the marketing analysis of this website, of Google Inc. ("Google"). Google Analytics uses codes consisting of text and numbers, which will be stored on your computer and which allow for an analysis of the use of the Websites ("Cookies"). The information generated by the Cookie about your use of the Websites (including your IP address) will be transferred to and stored by a Google Server. Google will use this information, to evaluate your use of the website, to prepare reports about the website activities for the website operators and to provide further services connected to the use of websites and the use of the Internet. Google may transfer this information to third parties, if legally obliged to do so or if third parties process these data on behalf of Google. In no case, Google will connect your IP address with other data from Google. Please note that our Websites uses Google Analytics with the extension '_anonymizelp()' and consequently IP addresses are only used in shortened form in order to prevent direct personal references.
e.CodeCommission may send you a newsletter with information regarding its services or other promotional material. You may cancel the order at any time and free of charge by using the link in the newsletter or in your user account settings.
Consent to use of personal data
1.I hereby consent to the collection, processing and use of the personal data, i.e. first name, last name, email address, IP address and company name ("Personal Data") by Code Commission UG (haftungsbeschränkt), Grottkauer Str. 8, 12621 Berlin, which will be passed to:
2.I further consent to the use of my Personal Data by CodeCommission for the purposes of market researches and sending me a newsletter.
3.I can withdraw these consents and opt-out of having information collected by or submitted to Auth0, Stripe, Logit at any time by opting out in my user account settings.
4. Information:Upon request, CodeCommission shall provide you with the information on the stored Personal Data relating to your person, free of charge and without delay. The information can be provided electronically, if desired. In applicable cases we are obliged, upon request, to correct, block or delete the Personal Data stored about you.
6. Re-targetingCodeCommission uses Google's retargeting, which means we can advertise CodeCommission on our partners’ websites, meaning our adverts, even on other companies’ sites, are relevant to what you would like to see. We do this by analyzing user behavior from data collected by cookies. This information is anonymous, with no personal information being stored and no user profiles. You can view Google's advertising policies and principles at http://www.google.com/policies/technologies/ads/.
7. Use of Log FilesCodeCommission uses log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track User’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information. At CodeCommission we collect aggregate traffic statistics, internet protocol addresses, browser types, and internet service providers (ISP) using log files. Traffic statistics include, but are not limited to: referring/exit pages, date/time stamp, clicking patterns and click through rates. These data are used to streamline the User experience, improve the products and services provided to Users on the CodeCommission Website. None of this information, however, is linked to an identifiable individual, and as previously mentioned, is only used in the aggregate.
8. Right of Access, Correction, and CancellationYou are solely responsible for maintaining the confidentiality of your credentials and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your credentials and account. Maintaining the confidentiality of the User’s credentials is the sole responsibility of said User. Any activities that take place under a User’s account are the responsibility of that User. If Users wish to withdraw usage rights, they can at any time delete their account.
9. Data ProtectionCodeCommission hereby explicitly notifies you that data protection and data privacy during data transfer via open networks such as the Internet cannot be completely guaranteed under the current state of technology. You understand and acknowledge that the provider can view, in technical terms, the pages stored on the web server and, perhaps, other data stored on such server at any time.
10. ContactShould you have further questions concerning the Data Privacy Provisions, please do not hesitate to contact us at firstname.lastname@example.org.
This page provides an overview of the security measures taken by CodeCommission to protect content and user data hosted on our platform from unauthorized access. Where relevant, we include links to security guidelines and resources developed by third parties.
1. Data StorageCodeCommission stores your content on Amazon S3 servers. Amazon’s data centers employ a set of advanced physical, network and software security measures to ensure integrity and safety of customers’ data. Among others, these measures include:
Secure access:Data transferred between CodeCommission servers and S3 storage facilities is secured via SSL endpoints using the HTTPS protocol;
Multi-factor authentication:CodeCommission staff exclusively uses multi-factor authentication to access AWS Accounts thus reducing the risk of unauthorized access.
Amazon S3comes with a built-in network and security monitoring systems designed to provide increased protection against threats like Distributed Denial of Service (DDoS), Man in the Middle (MITM) attacks, password brute-force detection, and packet sniffing.
AWS S3 Security
AWS Security Center
Data transfer & delivery
3. Payment dataCodeCommission uses Stripe’s infrastructure to process credit card payments, which means that no credit card information or related personal information is stored on our servers. Stripe enforces stringent PCI (Payment Card Industry) compliance criteria to ensure that any data stored and/or processed on its servers is handled in a secure way. In addition to privacy and safety measures, Stripe employs an extensive range of checks designed to minimize payment fraud and unauthorized access. These checks include 3D-Secure authorization, credit card background checks, flagging suspicious transactions for manual verification, and real-time monitoring of payment transactions with automated anti-fraud algorithms.
4. PasswordsAll user passwords are stored in the database in an encrypted form. CodeCommission uses salts and the bcrypt library to increase the complexity of encryption technique and thus way minimize the risk that passwords will be cracked. While CodeCommission’s team puts a lot of effort into securing your login credentials, it is important to remember that poorly chosen passwords, even when properly encrypted, are vulnerable to common cracking techniques employed by professional attackers.
6. Bug reportingWe encourage responsible reporting of security vulnerabilities and software bugs. In the case that you found a vulnerability, please report it to email@example.com and abstain from publicly announcing it before it is fixed. Please note that we discourage attempts to gain illegitimate access to another user's account or data, compromise the reliability and/or integrity of our services, and use of automated tools to find vulnerabilities.