Please read these terms of service carefully before using this website.
The following Terms of Service govern and apply to your use of reliance upon this website and its products and/or services maintained by Distributed Containers Inc. (“LayerCI”)
Your access or use of LayerCI indicates that you have read, understand and agree to be bound by these Terms of Service and any other applicable laws, statutes and/or regulations. We may change these Terms of Service at any time without notice, effective upon its posting to LayerCI’s website. Your continued use of LayerCI will be considered your acceptance to the revised Terms of Service.
The subject matter of these Terms of Service (hereinafter “Terms of Service”) is the use of LayerCI Software. The Terms of Service regulate all relations between LayerCI and LayerCI’s customer (hereinafter “Customer”) regarding the use of LayerCI Software and are part of the Agreement as defined below. Standard business conditions and/or general Terms of Service of the Customer do not apply, regardless of whether or not LayerCI has expressly objected to them in a particular case.
LayerCI communicates with the GitHub hosting service (hereinafter “GitHub”), which is offered by GitHub Inc. on the Customer’s behalf. Condition to the proper use of LayerCI Software is a valid contract with GitHub Inc. on the use of GitHub, which may lead to costs on the Customer’s sole responsibility. The Customer will provide LayerCI with their GitHub account information (hereinafter “GitHub Sign-In”) when signing in through GitHub via layerci.com (hereinafter the “Website”) automatically. The Customer allows LayerCI to access the Customer’s GitHub account. LayerCI will directly communicate in the name of the Customer with GitHub and the Customer authorizes LayerCI to act on his behalf towards GitHub Inc. The Customer is solely liable for any costs or damages that GitHub Inc. associates with the GitHub Sign-In.
You agree not to use LayerCI’s software and Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use LayerCI’s software and Website in any way that could damage the company’s products, services or the company in general.
You further agree not to use and/or access the Website:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To penetrate any fraud;
- To engage in or create any unlawful gambiling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others.
Nature of Services
LayerCI provides LayerCI Software as a service. This means, that LayerCI Software may be used via the internet only. The LayerCI Software is a hosted continuous integration service that provides the infrastructure for testing software projects subject to downtime and service suspensions as described below. The functional range of the service is dependent on the package the Customer chooses and will be displayed on the Website.
LayerCI offers its services for (i) closed software projects, where the projects cannot be viewed publicly and (ii) open software projects, where the projects including their source codes can be viewed publicly. The LayerCI Software is integrated with GitHub and offers support for several programming languages. The entire list of supported programming languages is available on our website.
No consultancy, training, troubleshooting or support is within the scope of the services offered by LayerCI under this Agreement if and to the extent they are not part of the agreed warranty LayerCI offers. LayerCI offers unpaid and paid services. If a service by LayerCI is offered free of charge, refer to our section on free services.
Reverse Engineering & Security
You may not undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from LayerCI that originated from the company or its employees.
- Violate the security of LayerCI and its Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Rights To Use
The Customer is subject to the full payment of due fees for the services under the Agreement, The Customer is granted a limited, non-exclusive, non-transferable, non-sublicenseable right to use the LayerCI Software as software as a service via the internet according to these Terms of Service. The Customer is not granted any additional right to the LayerCI Software or any other intellectual property belonging to LayerCI. This especially means that the Customer shall not be entitled to make or distribute copies of the LayerCI Software. The Customer shall not translate the program code into other forms of code (decompilation) or employ other methods aimed at revealing any of LayerCI's code in the various stages of its development (reverse engineering).
The Customer is not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the LayerCI Software.To the extent the LayerCI Software includes any open source software, Customer’s right to use with respect to each item of the open source software will be governed exclusively by the applicable open source software license associated with the respective open source software, regardless of any other provisions of these Terms and Conditions. Without limiting the foregoing sentence, Customer recognizes that the only warranties and representations respecting the open source software are those provided in the applicable open source software license and Travis shall bear no responsibility or liability whatsoever related to its supply of or Customer’s use of such software. Identification of and licenses for open source software may be found in the LayerCISoftware, or in libraries provided with the LayerCI Software, or in links provided in the software or such libraries, or on the LayerCI Website.
The compensation of the paid services rendered by LayerCI is calculated per month unless otherwise stated in contract and in an invoice. The current prices are shown in the current price list of LayerCI that is available on the Website. The compensation is due monthly in advance.
Invoices will be issued via email. Payments shall become due immediately upon issuance of the invoice. Payment must be made using the payment methods provided by LayerCI.
All prices in the price list are net-price. Value Added Tax will be added in the invoice if applicable. LayerCI reserves the right to alter the current price list and/or the structuring of prices with at least one month notice to the end of each quarter to paying any paying Customer. LayerCI will inform the Customer via email about the price change. If the Customer does not expressly disagree in writing within a month from the notification of change this is deemed to be his acceptance of the change. The Customer will be informed about this circumstance in the notification of change.
For any services offered by LayerCI free of charge (“Free Services”), the following shall apply: the Free Service is provided on an “as is” and “as available” basis with no right to any warranty or notices of any changes made by LayerCI or indemnification hereunder.
Warranty is available to paid users only. Defects in the supplied LayerCI Software shall be remediated within a reasonable time following a detailed notification of such defect being given to LayerCI by the Customer.
For the purpose of remedying defects, LayerCI may choose to replace the defective LayerCI Software with a version of the LayerCI Software which is free of defects. In case of defects of updated, upgraded or new versions (the aforementioned hereinafter each a “New Version”), the right of defect with regard to a New Version shall be limited to the new features of New Version of the LayerCI Software compared to the previous version release. Unless LayerCI fails to repair or replace the LayerCI Software, the right of the Customer to terminate the contract due to an inability to use the LayerCI Software shall be excluded.The limitation period for all warranty claims shall be 12 months commencing with the first coming to show of the defect.
Limitation of Liability
LayerCI’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover:
- damage from injury to life, body or health caused by LayerCI;
- damages caused by LayerCI that are are a result of wilful intent or gross negligence;
- damage caused by LayerCI as a result of slight negligence in the event of LayerCI’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;
- LayerCI’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers LayerCI’s liability.
If the liability of LayerCI is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents. LayerCI will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.
Data protection, References and Confidentiality
- LayerCI may identify Customer as a customer (free and paid customers) of LayerCI and display Customer’s name and logo solely for such purpose on its customer lists, its website, and its marketing and promotional materials provided that Customer may request that LayerCI cease such use at any time upon written notice to LayerCI.
Term and Termination
The Agreement runs for an indefinite time and will remain in effect until terminated by one of Parties in accordance with this section.
The Parties may terminate this Agreement for any or no reason at their convenience with a 30 day notice to the end of each month. Termination may be issued in writing or by using the provided account closing mechanism, if provided by LayerCI. In addition, each party’s right to terminate this Agreement for a good cause remains unaffected. A good cause for termination of the Agreement by LayerCI shall include, but is not limited to, the following:
- a serious breach of the obligations arising from this Agreement by the Customer;
- a default in payment of the Customer with an amount that equals at least the compensation of two month period;
- a serious breach of contract leading to the loss of mutual trust or renders the continuation of this Agreement in consideration of the purpose of the Agreement unreasonable;
- an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the services;
- determination that the Customer’s use of the services poses a security or service risk to LayerCI, or to any user of services offered by LayerCI;
- inappropriate use of the LayerCI Software and/or services, including but not limited to Bitcoin-Mining;
- a major change in the working of GitHub that makes it unreasonable for LayerCI to adapt the LayerCI Software accordingly;
- a major change in the co-operation of GitHub and LayerCI that makes the further offering of LayerCI unreasonable for LayerCI;
- an application for the initiation of insolvency proceedings concerning the Customer, as well as the refusal to open insolvency proceedings for lack of assets, or the issue of a declaration in lieu of an oath, or any similar proceedings.
In case of the termination of the Agreement, any rights of use granted to Customer for the LayerCI Software shall expire immediately and Customer shall cease to use the LayerCI Software.
This Agreement, together with any documents referred to in it, or expressed to be entered into in connection with it, constitutes the whole agreement between the Parties concerning the subject matter of this Agreement.
The Customer may set off only legally, binding and recognized claims. The rights and obligations arising from this Agreement are generally not transferable. However, LayerCI may transfer this Agreement with all rights and obligations to a company of its choice.