Terms of Service
1. Validity of these Terms and Conditions
Basically, when you sign up for an account on greenkeeper.io, we have to agree on some ground rules
These terms and conditions apply to all business relations between users and the Neighbourhoodie Software (referred to hereafter as Neighbourhoodie) that concern the service greenkeeper.io. The relevant version of this document is the most recent one available at the beginning of each user’s contract. The additional short explanation texts at the beginning of each section are only included for clarity and are not legally part of these terms and conditions. Any divergent terms and conditions on the side of the user are irrelevant unless Neighbourhoodie explicitly approves them in writing. By signing up for an account on greenkeeper.io, the user agrees to these terms and conditions.
2. Services provided by Neighbourhoodie
Basically, greenkeeper.io is an online tool for keeping your npm dependencies up to date. We will continue to work on and improve this service.
(1) with greenkeeper.io, Neighbourhoodie offers a service that helps you keep your npm dependencies up to date
(2) greenkeeper.io is a service made available over the internet. Neighbourhoodie’s service does not include the internet access itself
(3) Neighbourhoodie reserves the right to continually improve and expand the service. Users are not entitled to any functionality beyond what is described under point 1
3. Free for open source and contractual relationship
Basically, greenkeeper is free for open source projects. Private projects have to pay.
(1) Users can use greenkeeper.io for free with their open source projects. You can sign up and use greenkeeper.io with your GitHub accounts and organisations at any time.
greenkeeper.io is free to use with public open source projects from your personal GtiHub account or from your GitHub organisation.
When you sign up for greenkeeper.io you are not automatically enabled. greenkeeper.io reserves the right to throttle enabling of accounts in order to ensure service stability, especially in the beginning of the service.
When you pay for a greenkeeper.io account, either in order to use it for private repositories, or to get ahead on the public Pull-Request queue with a supporter account, you get enabled immediately.
(2) For use of greenkeeper.io, signing up for an account is necessary. Sign up is done via GitHub’s oAuth API. For use with private repositories from personal accounts or organisations, users enter a paid contract for the use of greenkeeper.io’s services. To do so, the users use “greenkeeper upgrade personal” or “greenkeeper upgrade organisation” on the command line. For the personal supporter plan, users use "greenkeeper upgrade supporter". The users are then redirected to the pages of FastSpring.com, where they add billing information. Subsequently, a contract is established with the Bright Market LLC in Santa Barbara, USA, which includes additional terms from FastSpring.com. Signing up for a greenkeeper.io account is complete when the user has confirmed this step through their payment.
(3) When the user completes their signup for greenkeeper.io by entering their payment details and clicking “Complete Order” on FastSpring.com, a paid contract is established. Using greenkeeper.io costs 14,00$ (USD) per month, per user for personal GitHub accounts, and 50,00$ (USD) per month for up to 25 private repositories or 90,00$ (USD) for up to 50 private repositories for organisations, excluding any VAT. In addition, there is a supporter plan which costs 5,00$ (USD) per month, per user for personal GitHub accounts. This does not include private repositories, but will put users ahead on the public Pull-Request queue. Payment is detailed in section 6 of this document.
(4) The contract has no fixed termination date and can be canceled according to the terms in section 7 of this document.
Basically, like with any other service, the legal right of cancellation naturally applies to greenkeeper.io as well.
You have the right of revocation of the contract within 30 days without giving reasons. The revocation period is 30 days from the day of the conclusion of the contract.
To use your right of revocation of the contract you need to send an explicit notice of revocation (i.e. a letter or an email) about your choice to revoke the contract to Neighbourhoodie UG - Ohlauer Straße 43 D-10999 Berlin, Deutschland, E-Mail: [email protected], +49 151 178 43494.
You may use this standard form for revocation. It is not mandatory to use this standard form.
To keep the revocation period it is sufficient to send out the declaration of the revocation within the revocation period.
Consequences of the revocation
In case of your revocation of this contract we will reimburse you for all payments including shipping costs (except for the costs arising from your choice of a shipping method apart from standard shipping). We shall reimburse you immediately, at least within 14 days from the day we receive your notice of revocation of this contract. We will use the same payment method for the reimbursement as you used for the initial payment, unless otherwise explicitly agreed; you won’t be charged for the reimbursement.
Exclusion of the right of revocation
In case of a contract about the delivery of digital contents we will begin to execute our contractual obligations, based upon your request, before the end of the revocation period. In such a case you must confirm your request of our early start and acknowledge the expiration of your right of revocation at the time we begin executing the contract.
In case we have already started to provide our services within the revocation period, upon your prior request, you have to cover the costs that arise from our services at the appropriate rate at the time of your notice of revocation.
6. Payment / Invoice
Basically, we charge monthly and in advance. Payment happens via FastSpring.com, which accepts all common payment methods and currencies. There is a PDF invoice for every payment.
(1) The monthly payment for greenkeeper.io is to be paid in advance for every month. The user receives a PDF invoice for the performed services.
(2) The monthly payment is transacted via the online payment service FastSpring.com, Bright Market LLC in Santa Barbara, USA. FastSpring.com’s Terms of Service apply.
7. End of Service / Cancellation
Basically, you can cancel the service at any time. We can cancel you as well — but will only do so if you do any mischief, or if you won’t pay despite multiple reminders.
(1) The user can cancel the contract for using greenkeeper.io at any time at the end of the current month. They can do so by using “greenkeeper cancel --force”. Should this not be available to the user, they can send a postal mail or email to Neighbourhoodie.
(2) Neighbourhoodie has the right to cancel the contract with the user without citing any reasons with prior notice of three months towards the end of the running month.
(3) Should the user default their monthly payment for more than four weeks, Neighbourhoodie reserves the right to lock the account of the user.
(4) Should the user not pay their monthly payment for more than eight weeks, Neighbourhoodie reserves the right to cancel the contract at the end of the running month. Neighbourhoodie remains entitled to payment of the outstanding fees.
(5) In in case of abuse (see 8.3) of greenkeeper.io that leads to significant inhibition of the service of Neighbourhoodie towards third parties, Neighbourhoodie reserves the right to cancel this contract for exceptional reasons.
(6) A possible exceptional right to cancellation by the user or Neighbourhoodie remains unaffected.
8. User Duties
Basically, for payments, we need correct payment data. Anything else can be anonymised as you see fit. Please be careful with your payment and account data, and don’t do anything illegal or abusive with greenkeeper.io.
(1) The user shall provide information that is required for payment (including the invoice address) and creation or modification of an account truthfully, and to keep it up to date.
(2) The user shall keep the login-data for their greenkeeper.io account from unauthorised third parties.
(3) The user is forbidden to abuse the services from Neighbourhoodie, especially greenkeeper.io. Abuse is especially defined as:
the publication of illegal or defamatory content
the use of technical tools that inhibit the functionality of the services of the vendor (including, software, scripts, bots etc.)
(4) Neighbourhoodie has the right to delete user content that is illegal and/or abusive immediately.
9. Additional Terms for API Usage
Basically, independent developers are exactly that: independent. We are not responsible for their add-ons or other applications, even if they use our API.
(1) Should Neighbourhoodie offer their users optional access to their data via an API (Application Programming Interface), then the following terms apply.
(2) Should a third party service be allowed to access the API on behalf of the user, it is required to enter the login data on the third party service.
(3) Neighbourhoodie is not responsible for the services or the usage of services of third parties, that use the greenkeeper.io API to access user data or account data.
10. Usage Rights
Basically, from a copyright point of view, greenkeeper.io remains our tool. But of course we give you any usage rights that are required to make use of greenkeeper.io.
(1) Neighbourhoodie grants every user a non-exclusive, non-transferable, spatially unlimited, but limited to the contract term, right to use greenkeeper.io for the duration of this contract for their own purposes. This usage right is non-transferrable.
(2) greenkeeper.io is a web service that is accessed via servers owned by Neighbourhoodie. The software is not ceded to the user.
(3) Should there be any new versions, updates, upgrades or other changes on greenkeeper.io during the duration of this contract, these terms continue to apply:
11. Availability of Services
Basically, we can’t technically promise 100% uptime (nobody can), but we are doing our best!
Due to the nature of the services, Neighbourhoodie can not guarantee 100% unrestricted availability (as per 2.1.). The availability of the servers is guaranteed to be 99.5% in the year-average. Neighbourhoodie is not responsible for limitations of their services due to internet connection issues. Neighbourhoodie only guarantees the availability of the service up to their local internet end-point.
Neighbourhoodie makes use of multiple API providers. Neighbourhoodie is not responsible for limitations and availability of these API providers, even if the API service inhibits the user’s service.
12. Limitation of Liability
Basically, we are responsible for greenkeeper.io. Within the limitation of liability generally and day to day with our reputation.
(1) Neighbourhoodie is, without limit, liable for acts of gross negligence that lead to damages in the conjunction with the use of any contractually agreed services.
(2) Within acts of slight negligence, Neighbourhoodie is liable in case of damage of life, body or health without limit.
(3) Neighbourhoodie is not liable for free services that go beyond the liability in section 1 and section 2.
(4) In addition, Neighbourhoodie is only liable in conjunction with paid services if it violates essential contractual obligations. Essential contractual obligations are abstractly defined as the obligations that make it possible to exercise a contract in the first place and of which a user can usually rely on. In these cases, the liability is limited to the usually occurring damage.
(5) The limited liability outlined in the previous clauses includes any agents of the service provider.
(6) The liability according to the German Produkthaftungsgesetz and other mandatory legal regulation remains unaffected.
13. Data Protection
Basically, your data is your data. We thank you for your trust in us. We will never violate this trust.
(1) The use of greenkeeper.io incurs the collection, processing and use of personal data. Neighbourhoodie processes only personal data from users that is essential for the operation of the service greenkeeper.io. Sharing data with third parties only happens to fulfil this contract and is only done with selected partners.
(2) Personal data is at no time handed to unauthorised third parties. Especially private source code is not shared with third parties ever.
(3) For payment, transmission of personal data to third parties (like payment providers, banks, credit card companies) is strictly required. We only submit the data that is required to fulfil the payment transactions.
(4) At the end of the contract, all personal data is deleted unless data retention is required by law. In this case, data is locked.
14. Changes to these Terms of Service
Basically, should anything change, we’ll let you know
(1) Neighbourhoodie reserves the right to change these Terms of Service, to e.g. update them to reflect new legal regulations, or to introduce new services.
(2) The user will be notified about the changes via email. The email will highlight the changes to the respective regulations in the Terms of Service. The changes become effective if the user does not object to the changes within six weeks after receipt of changes. The user will be notified specifically via email about the possibility of objection and the corresponding deadline.
(3) Should the user object to the changes to the Terms of Service, Neighbourhoodie has the right to cancel the contract at the end of the current month.
15. Closing Provisions
Basically, that’s it! If there is any problem, please talk to us. We are sure we’ll find a fair solution. Thank you!
(1) Exclusively, the law of the Federal Republic of Germany applies. UN Convention on Contracts for the International Sale of Goods is excluded.
(2) If the user is a merchant, juristic person or corporate body under public law or a special fund under public law, the place of jurisdiction is the place of business of Neighbourhoodie for any disputes relating out of this contract.
(3) In the event that any provision in this agreement is or becomes invalid or unenforceable or is incomplete the validity of the remainder of this agreement shall not be affected.