Terms of Service

This document contains the Terms of Service and Privacy Policies associated with the SlipStream service.

BY CHECKING THE “I AGREE” BUTTON DURING REGISTRATION AND/OR ACCESSING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE YOU WILL NOT BE GIVEN ACCESS TO USE THE SERVICE.

Description of Service

SixSq Sarl (“SixSq”), hosts this website (the “Site”) on its SlipStream environment (the “Software”). The Software and all information, communications, documentation, scripting, images, graphics and other materials and services found on the Site (collectively, the “Service”) is for the use of registered developers, employees and other authorized users of the Site, but only for the purpose of software development, integration, deployment and testing.

Grant of License to Use

Subject to the terms and conditions set forth in these Terms of Service (“TOS”), SixSq grant user (“You”) an individual, personal, non-exclusive, non-transferable, and revocable license (the “License”) to use the Service offered through the Site, including the Software. Upon termination of these TOS for any reason, the License will terminate, and You will cease to have access to the Service. Any rights not expressly granted herein by SixSq are reserved.

You acknowledge and agree that You will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the underlying source code or underlying ideas or algorithms of the Software; (ii) modify, translate, or create derivative works based on the Software; (iii) rent, lease, distribute, sell, resell or assign, or otherwise transfer rights to the Software; or (iv) remove any proprietary notices in the Software.

You acknowledge and agree that the Software includes the valuable proprietary and trade secret information and property of SixSq or its licensors. Title, ownership rights and intellectual property rights, including but not limited to, copyright and patent rights in the Software shall remain in SixSq and/or its licensors. You acknowledge the ownership and intellectual property rights of SixSq and will not take any action to jeopardize, limit or interfere in any manner with SixSq’s or its licensors’ ownership of or rights with respect to the Software. The Software is protected by copyright law and other intellectual property laws and by international treaties.

Other Licenses

This Site may contain other license(s) applicable to content on this Site (“Other License(s)”). You agree to abide by the terms of any such Other License(s). In the event of any conflict between certain provisions of the Other License(s) and the TOS, the applicable provisions of the Other License(s) shall prevail.

Prohibited Conduct

You may only use the Site and the Service offered through the Site in accordance with SixSq use policy (“Use Policy”), as set forth in this section. You are responsible for the content of any comments, information, questions, data, computer code or programs, feedback, ideas, descriptions of processes or other information submitted through the Site by You. You may only submit to the Site content that is (i) owned by You, (ii) submitted with the express permission of the owner, or (iii) in the public domain. In addition, all material posted to the Site by You must be relevant to the specified software development project and must be in good taste as determined by common sense and the most restrictive community standards. The Site may not be used to:

  • upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, any SixSq official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post or otherwise transmit any content that violates any law or violates the personal, proprietary, or intellectual property rights or other rights of any third party;
  • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users; or
  • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual. This may include, but is not limited to, providing instructions on how to assemble bombs and other weapons.

SixSq does not prescreen content that is posted to the Site; however, SixSq reserves the right to remove any content that fails to meet the foregoing Use Policy and to revoke your account. SixSq further reserves the right to investigate complaints or reported violations of this Use Policy, and to take any appropriate action, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such person or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

To comment on this Use Policy or to report material or conduct that You believe is inappropriate, please contact feedback@sixsq.com.

Compliance with Laws

You agree to comply with all applicable laws and regulations of the Switzerland and foreign authorities, including, without limitation, laws regarding the transmission of technical data, such as encryption, exported from Switzerland or from the country in which You reside. You agree not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations.

Registration Data and Privacy

Registration is required for you to use the Service. You must provide certain current, complete, and accurate information about yourself as prompted to do so by the registration form (“Registration Data”), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that the Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, SixSq retain the right, in their sole discretion, to suspend or terminate your rights to use the Service.

Passwords, Cloud Credentials and Security

At the time of registration, You must provide the Site with your full first and last name, the name of your organization, if any, your username and your valid e-mail address. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Further, you might be required to provide cloud credentials for using Third Party Cloud Providers (see Section 9) the Site uses (e.g. Amazon Web Service, StratusLab) as back-end. You agree to (i) immediately notify SixSq of any unauthorized use of your password or account or cloud credentials or any other breach of security, and (ii) ensure that You exit from your account at the end of each session. SixSq cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.

Trademarks

SixSq and the SlipStream logo are trademarks or registered trademarks of SixSq Sarl (the “SixSq Marks”) in Europe and other countries. You agree not to display or use the SixSq Marks in any manner without SixSq’s prior written permission.

Third Party Cloud Providers

The Site may use third party cloud service providers (collectively, “Third Party Cloud Provider(s)”). SixSq is not responsible for the availability of such other Third Party Cloud Providers and do not endorse and are not responsible or liable for any content, products or other materials available on such Third Party Cloud Providers. The usage by the Site of Third Party Cloud Providers do not constitute an endorsement by SixSq of such Third Party Cloud Providers or the sponsors of such Third Party Cloud Providers or the content, products, advertising or other materials presented on such Third Party Cloud Providers. Users of the Site must comply with the Terms of Use of the Third Party Cloud Providers they wish to use. By providing the Site with Third Party Cloud Providers credentials, You explicitly state that You will comply with the Terms of Use and that you are authorized to use these Third Party Cloud Credentials by the owner of these credentials. SixSq cannot be held responsible in any way, shape, or form if the Third Party Cloud Provider credentials are misused, stolen or altered following providing these credentials to the Site. You acknowledge and agree that SixSq shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such Third Party Cloud Providers. If You decide to provide the Site with Third Party Cloud credentials and use these Third Party Cloud Providers, You do so entirely at your own risk.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FROM SIXSQ. SIXSQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SIXSQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE SERVICE AVAILABLE AT THE SITE. WITHOUT LIMITING THE FOREGOING, SIXSQ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE CONTENT OR INFORMATION AVAILABLE ON THE SITE IS COMPLETE, ACCURATE OR AVAILABLE.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM SIXSQ OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

SIXSQ AND THEIR RESPECTIVE SHAREHOLDERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY LOSS, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SERVICE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SIXSQ IN CONNECTION WITH THE SERVICE IS TO CEASE YOUR USE OF THE SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

Indemnity

You shall indemnify, defend, and hold harmless SixSq and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur as a result of your use of the Service.

Termination

You agree that SixSq may, at their sole discretion, deny You access to the Site and disable any user name and password associated with You for any reason, including, without limitation, if SixSq believe that You have violated or acted inconsistently with the terms and conditions of the TOS. SixSq reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service offered through the Site (or any part thereof) with or without notice. You agree that SixSq shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

Notice

Notices to You may be made via e-mail. SixSq may also provide notices to You by displaying notices or links to notices on the Site.

General Provisions

Governing Law, Jurisdiction and Venue.
The Site (excluding any linked Third Party Sites) is controlled by SixSq from the Canton of Geneva, Switzerland. The parties agree that the laws of the Canton of Geneva, Switzerland, without regard to the conflicts of laws principles thereof, shall govern all matters relating to access to, or use of, the Site and the Service available through the Site. The parties agree that any action brought by the parties to enforce or interpret any provision of the TOS shall be brought exclusively in an appropriate court in the Canton of Geneva, Switzerland. The parties hereby consent to such jurisdiction and waive any objection to such venue. SixSq make no representation that the Site is appropriate or available for use in other locations, and accessing the Site from territories where its contents are illegal is prohibited. Those who choose to access the Site from other locations do so upon their own initiative and are responsible for compliance with local laws.
Force Majeure.
Except with regard to the payment of money, no party shall be responsible for any delays caused by acts of God or any other cause beyond its reasonable control, including but not limited to such things as strikes, riots, acts of war or terrorism, restricting legislation, embargo, blockage, work stoppage, major outage of a public communications carrier, etc. Any delay caused by one party hereto which affects any other party’s ability to perform according to the terms of the TOS shall extend the non-delaying party’s obligation to perform by the same number of days by which the delaying party delayed in performing its obligations.
Severability / Waiver.
Each provision of the TOS is severable; if any provision is declared void, illegal, or unenforceable, such provision shall be modified by the appropriate judicial body to the minimum extent necessary to render it valid, legal, and enforceable while effectuating insofar as possible the basic purposes of such provision. The remaining provisions shall remain in full force and effect. No delay, omission, or failure to exercise any right or remedy provided for in the TOS shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such remedy (but every such right or remedy may be exercised as the party exercising such right or remedy deems expedient).
Entire Agreement / Survival.
The TOS constitute the entire agreement between SixSq, on the one hand, and You, on the other, with respect to use of the Service and supersedes all prior agreements or previous discussions (written or oral) between the parties. The TOS have been written in the English language and, in the event of any conflict or inconsistency between the English-language version and any translation hereof, the English language version shall prevail. The TOS may be modified by SixSq by giving You the opportunity to electronically review and agree to the new TOS. SixSq also will post the new TOS on the Site in the same location the previous TOS was posted. Any provision in the TOS that may reasonably be interpreted as being intended by the parties to survive the termination or expiration of the TOS shall survive any such termination or expiration.