Last updated 12th, September 2024
The free versions of CELUM Cloud ensures working with content and collaboration between distributed business partners (“Service”).
The Service is operated by CELUM GmbH, a company incorporated under Austrian law with registered office in 4030 Linz, Passaustrasse 26-28, 4030 Linz, Austria (referred to herein as “CELUM”, “we”, “us”, “our” or “ours”).
By accessing or using the Service you agree to be bound on these Terms and Conditions, policies and guidelines referred to as well as any additional Terms and restrictions of CELUM and its affiliated companies presented in relation to a specific product, Service or feature. If you do not agree to all of these Terms, you must not use the Service.
We reserve the right to review and revise the Terms and Conditions from time to time, at our discretion, to take into account legal, industry-related, or any other changes in the status quo. The most recent updated version of this agreement is available on the “help.celum.com” Website, though we are not required to notify you of an update to Terms and Conditions. Hence, we strongly encourage you to fully read this agreement and review it regularly. The documents are in effect upon the date of their last update.
If you have any questions, complaints or comments concerning the Service, please contact service@celum.com.
The Service is available to all legal entities and individual companies who are legally capable of entering into contracts (binding agreements) only. If you use our Service on behalf of an entity, you represent and warrant that you have the power of representation of the entity. In addition, you warrant to comply with applicable laws. Proof of compliance to these criteria may be requested upon access to Service, in the form of identification details or contact information.
These Terms and Conditions are not intended to alter any other Terms or Conditions of any agreement you may have with CELUM Cloud or a third-party provider and if the Terms and Conditions are inconsistent with any of these agreements, these agreements shall prevail.
All of the content on the Service, including, but not limited to text, graphics, any kind of images, is owned by CELUM GmbH and protected by copyright, moral rights, or any other laws relating to the protection of intellectual property (see also clause 5.).
By using our Service, you agree to this Terms and Conditions.
In order to access our Service you must: (i) be aged 18 years or over; (ii) have accepted our Terms; (iii) have provided us with complete and accurate information for the registration; and (iv) have received a registration confirmation for the Service from us via e-mail. You may only register one User account at the entire CELUM Cloud.
The CELUM Content Collaboration Basic Plan entitles organisations to utilize CELUM Work for an unlimited duration of time and free of charge. However, by using this CELUM Service CELUM provides the following:
You are allowed to use up to 2 workrooms with all the features
The Storage is limited to 5 GB
Permitted Users: 10 Curating and 25 Participating (read-only) User
By registering you warrant that the information given for your account, together with any other information which you may from time to time provide to us, whether as part of the registration process or otherwise, is complete, true, accurate and not misleading in any way. You are responsible for notifying us of any changes to such information in order to ensure that it remains up-to-date. You must keep your username and password details secure all the time. You are responsible for all activity that occurs on your account, whether implied or expressly authorized by you or not. You accept all responsibility for any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account. You accept to be liable for losses incurred by us or any other user of the Service due to someone else using your account. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
We reserve the right to suspend, restrict or terminate your access and your account at any time, without notice and at our discretion, where you are or we suspect that you may be in breach of these Terms, or where your use of the Service may be causing damage to systems or other technical installations. In addition, a breach of the Terms may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution. We may, at our discretion, monitor or record your access, account, or content used by you, i.e. for the purposes of ensuring compliance with these Terms or usage research and controlling. We reserve the right to edit or delete any and all material or data, including text, audio and video, which we consider to be in breach of these Terms.
Any personal information which you provide to us as part of the registration process or thereafter is subject to our privacy policy. Please refer to https://www.celum.com/en/privacy-policy/ for more information.
Our Services are fully GDPR-compliant. CELUM can involve Sub-Processors. All subcontractors trust the EU's Standard Contractual Clauses (SCC) and have included them in their data protection contracts.
Under this Agreement these are:
Send Grid
We use Send Grid's service to send emails as part of the service. https://www.twilio.com/legal/privacy
375 Beale Street
Suite 300
San Francisco, CA 94105
USA
Hubspot
We use the HubSpot CRM tool to store relevant customer data.
https://legal.hubspot.com/privacy-policy
HubSpot Headquarters
25 First St., 2nd floor
Cambridge, Massachusetts 02141
USA
Azure
We use Microsoft Azure Services and Application Insights to monitor and improve the performance of our web application.
https://docs.microsoft.com/en-us/legal/gdpr
Microsoft Ireland Operations Ltd
One Microsoft Place, South County Business Park, Leopardstown
Dublin 18
D18 P521
Ireland
Userpilot
We use the service from Userpilot for the user onboarding process.
https://userpilot.com/privacy-policy/
Userpilot Inc.
1401 Lavaca Street
Unit #7019
Austin
TX 78701
USA
Cloudflare
We use the Cloudflare as a CDN and for edge functions (processing data closest to the client)
https://www.cloudflare.com/privacypolicy/
Cloudflare Inc.
01 Townsend St.
San Francisco
California 94107
USA
Grafana
We use Grafana to visualize our and customer data.
https://grafana.com/legal/privacy-policy/
Raintanc Inc. (DBA Grafana Labs)
165 Broadwas FL 23
New York 10006-1452
USA
Elastic Cloud
We use Elastic Cloud for searching.
https://www.elastic.co/legal/privacy-statement
Elastic Cloud
88 Kearny St Floor 19
San Francisco
California 94108
USA
Pusher
We use Pusher for realtime technologies.
https://bird.com/legal/privacy
MessageBird UK Limited
3 More London Riverside, 4th Floor
London
United Kingdom
SE1 2AQ
For further Sub-Processors, CELUM must inform the user in a timely manner about the intended use. CELUM always informs the user about any intended change in relation to the inclusion of new or replacement of previous Sub-Processors, which gives the user the opportunity to raise an objection to such amendments (§ 28 para. 2 sentence 2 GDPR).
CELUM concludes the required Agreements within the meaning of Art. 28 para. 4 GDPR with the sub-processor. It must be ensured that the sub-processor takes on the same obligations which the Processor is responsible for based on this Agreement. If the sub-processor fails to comply with its data protection obligations, CELUM is liable to the user for compliance with the obligations of the sub-processor.
You must appoint a contact person including valid e-mail address for any enquiries or further information required by CELUM in the context of this contractual relationship.
Content of the Service, i.e. all text, logos, trademarks, graphics, artwork, sounds, music and software, is protected by copyright, moral rights, registered designs, patents, trademarks, Service marks, brands, design rights, semiconductor rights, database rights and other similar rights. All copyright materials, trademarks and other intellectual property rights materials supplied as part of our Service are either owned by us or licensed to us. You may not reproduce, copy, post, republish, broadcast, record, transmit or edit any content, materials or part(s) thereof without our express prior written consent, nor do or attempt to do anything infringing our IP-rights or any IP-rights licensed to us or owned by a third party. The same applies to ideas, concepts and content that the Service is based on, even if not protected by IP-law.
We do not endorse and shall not be held responsible nor liable for any content, advertising, product or Service on or available through third-party websites. Any transactions between you and any third-party found on or via this Service, including delivery of products, Services and any other Terms, Conditions, warranties or representations associated with such dealings, are made between you and the entity in question. Therefore, we are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.
WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD-PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY OR ACCIDENTALLY AS A RESULT OF OR IN CONNECTION WITH THE USE OF OUR SERVICE, INCLUDING THE DOWNLOAD OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD-PARTIES AS A RESULT OF THE INABILITY TO USE OUR SERVICE, OR DIRECT, INDIRECT DAMAGES, OR DAMAGES IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS DONE AT YOUR SOLE RISK AND THAT THIS SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD-PARTY’S WEBSITE AND/OR MATERIAL YOU MAY ACCESS THROUGH THIS SERVICE. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT UPLOADED IN OUR SERVICE.
We make no express or implied representations or warranties of any kind (and all representations and warranties are expressly disclaimed to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), operability, merchantability, availability, or completeness of the Service or content. Any decisions or action taken by you on the basis or in relation to the information provided via our Service are at your sole discretion and risk. You must be aware that any action, activity and/or information displayed or provided via our Service is conducted by trained and experienced professionals and it is your responsibility to take precautions and use common sense when using the Service.
You acknowledge and agree that you access and use the Service at your own risk on an "as is" and "as available" basis and that we are not liable for any errors or omissions in any content, Service, any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), nor any damages related thereto.
We do not warrant that the Service will be error-free or uninterrupted or that defects will be corrected. We reserve the right at any time and without notice to remove the Service (or part thereof) for whatever reason, or to interrupt the operation of the Service (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.
We sometimes provide hyperlinks and/or advertisements to other Websites that are not owned or controlled by us. We accept no responsibility or liability for any material supplied by or contained on any third-party website which is linked from or to our Service. Neither are we responsible for any third-party's websites and you visit such websites entirely at your own risk.
Subject to paragraphs below, you agree that we, our and our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, for any (i) loss of business, opportunity, use, profit, anticipated profit, contracts, revenue, goodwill or anticipated savings or (ii) loss of data or use of data, whether direct, indirect, consequential or special and whether arising in connection with the use of or attempt to use the Service, the inability to use these items, interruption or termination of our provision of the Service and even if we have been advised of the possibility of such damages occurring.
In any event, to the fullest extent permitted by applicable law, we shall not be liable for any damage or loss, whether direct or indirect, that you may suffer as a result of a failure by us to deliver the Service for any reason, including but not limited to access delays or interruptions, data non-delivery or faulty delivery, failure to deliver the Service due to server failure or any event of force majeure including without limitation, acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and/or failure or lack of reception of networks. The exclusion set out in this section shall apply even if the loss or damage suffered by you was or should have been foreseen by us and/or you told us of the risk of you suffering the loss or damage in question.
In any event shall our liability in case of slight negligence be excluded. In case of gross negligence our liability shall be limited per damage occasion with the amount of 25.000 EUR.
If you are a B2C user: In any event shall our liability in case of slight negligence be limited per damage occasion with the amount of 10.000 EUR. In case of gross negligence or intent liability shall be governed by the statutory provisions of Austria.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other type of liability which cannot be limited or excluded by applicable law.
You may terminate your account by applying to close your account, therefore please use our Service to request termination or send an e-mail to service@celum.com.
The free versions of CELUM are currently limited as mentioned in clause 3. We reserve the right to change this offer at any time. Furthermore, we reserve the right to limit features included in the free version (at any time and without prior consent or notice).
We may terminate this agreement at any time with a notice period of 14 days. In addition, we may terminate this agreement and suspend your account automatically without prior notice in case of a breach of this agreement or any other applicable Terms.
All disclaimers, indemnities and exclusions in these Terms shall survive the termination of these Terms.
You agree not to misuse our Service or help anyone else to do so. This includes the following:
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
promote or advertise products or Services other than your own without appropriate authorization;
sell the Services unless specifically authorized to do so;
publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
violate the privacy or infringe the rights of others.
We are under no circumstances liable for any content uploaded by you in our Services. We reserve the right to inspect your behaviour and your content and the compliance with any applicable provisions, although we are not obliged to.
Each provision of these Terms shall be constructed separately and independently. The effectiveness of these Terms shall not be impaired if any provision of these Terms should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms remain in full force and effect.
The applicability of general Terms and Conditions, purchasing Conditions or any other general contract templates of the client is excluded, unless expressly and written agreed otherwise.
This agreement shall be governed by Austrian law. The parties submit to the exclusive jurisdiction of the courts of Linz, Austria, as regards any claim, dispute or matter arising out of or relating to this agreement or any of the documents to be executed pursuant to this agreement.
If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
We have the right, in our sole discretion, to assign any or all our rights or obligations under this agreement. You have the right to assign this contract or any of your rights or obligations under this agreement only after prior written consent of us.
Changes or additions of these Terms must be in writing. This also applies to any deviation from this requirement of written form.
The parties shall waive any right to appeal this agreement or request an adjustment, for whatsoever reasons, for instance on the grounds of error or laesio enormis.