Our Terms of Service - All Quiet

Last updated: December 9, 2024

Please read these terms and conditions carefully before using Our Service.

1. Subject matter of the contract

The All Quiet GmbH, Blumenstr. 45, 10243 Berlin, Germany (hereinafter "Provider") runs a business-to-business Software-as-a-Service platform for alerting, uptime monitoring, on-call management, incident management and status pages.

The subject matter of these Terms of Service (hereinafter "Contract") is the granting of the use of the All Quiet Platform (hereinafter "Platform") via the Internet and the provision of storage space on the servers of the provider or its vicarious agents for a fee and for a limited period of time for the duration of the Contract.

2. Services of the provider; platform and storage space

• The provider grants the customer the use of the platform for the agreed number of authorized users via the Internet by means of access through a browser.
• The use of the platform requires the provider's approval. The platform is exclusively available to merchants as defined by the German Commercial Code (HGB) and to legal entities under public law. By registering, the customer confirms their compliance with these criteria.
• The provider guarantees the functionality and availability of the platform for the duration of the contractual relationship and will maintain it in a condition suitable for use in accordance with the contract. The functional scope of the platform as well as the conditions of use and usage fees are set out in the service description with price list, which is available at the URL allquiet.app/pricing on our website in the current version and is the subject matter of the contract. Please find the provider's option to rate limit or buffer any alerts in the event of high utilization of the telecommunications networks in section 7.
• The customer may increase or reduce the number of authorized users of the platform as required in accordance with the conditions specified in the service description. The provider shall send the customer access data for the corresponding number of authorized users in electronic form immediately after conclusion of the contract.
• The user documentation can be viewed by the customer at any time while using the platform and can be downloaded in a common format.
• The provider may, without being obliged to do so, update or further develop the platform at any time and, in particular, adapt it due to changes in the legal situation, technical developments or to improve IT security. In doing so, the Provider shall take appropriate account of the Customer's legitimate interests and inform the Customer in good time of any necessary updates. In the event of a significant impairment of the customer's legitimate interests, the customer shall have a special right of termination.
• The provider is not responsible for customization to the customer's individual needs or IT environment.
• The provider shall regularly maintain the platform and inform the customer of any associated restrictions in good time. Maintenance shall be carried out regularly outside the customer's normal business hours, unless maintenance must be carried out at a different time for compelling reasons.
• The provider shall provide the customer with storage space on its servers to the extent necessary for regular use for the storage of data and for the purposes of using the platform. The provider shall ensure that the data can be retrieved within the scope of the use of the platform.
• The provider shall take state-of-the-art measures to protect the data. However, the provider shall have no duty of safekeeping or care with regard to the data. The customer is responsible for ensuring that the data is adequately backed up.
• The customer remains the owner of the data stored on the provider's servers and can request its return at any time.

3. Scope and rights of use

• The platform is not physically transferred to the customer.
• The customer receives simple, i.e. non-sublicensable and non-transferable rights to use the platform for the contractually agreed number of users, limited to the duration of the contract, by means of access via a browser in accordance with the contractual provisions.
• The customer may only use the platform within the scope of its own business activities by its own personnel. Any further use of the platform by the customer is not permitted.
• The provider is entitled to withdraw the customer's license or block access to the platform if there is sufficient suspicion that the customer or its employees using the platform have violated these terms of service or any applicable law or regulation.

4. Test version

• The Provider shall grant the Customer a free trial subscription for the use of the Platform, enabling the customer to use the platform free of charge for a limited period of 30 days.
• The trial subscription begins when the customer registers on the platform and ends automatically at the end of the specified trial period. The exact start and end of the trial subscription will be communicated to the customer upon registration and can be found in the service description.
• During the trial subscription, the customer has access to all functions and content of the platform that are also available to paying customers, unless the provider expressly indicates restrictions.
• The trial subscription is not automatically renewed. At the end of the trial period, the customer's access to the platform will be blocked unless the customer opts for a paid subscription.
• The customer can cancel the trial subscription at any time before the end of the trial period without giving reasons. Cancellation during the trial period has no effect on the possibility of taking out a paid subscription.
• The customer undertakes to use the platform during the trial subscription only within the scope of the applicable terms of service and statutory provisions. Any misuse of the platform may result in the immediate termination of the trial subscription.
• The provider assumes no liability for damages incurred by the customer through the use of the platform during the trial subscription, unless these damages are due to intentional or grossly negligent behavior on the part of the provider.

5. Support

The provider shall set up a support service for customer inquiries about the platform's functions. Inquiries can be made via the support hotline specified on the provider's website at the times specified there or by e-mail. Inquiries are generally processed in the order in which they are received.

6. Service levels; troubleshooting

• The provider guarantees an overall availability of at least 99.9% on a monthly average for the web platform at the transfer point. The transfer point is the router output of the provider's data center. The platform's service notification delivery partners assure a monthly availability of 99.95% uptime for their services within a monthly cycle. The platform commits to attempting delivery of notifications to it's customers at least once within a one-hour time span, ensuring it can accommodate even in the unlikely event of the platform's service partner's availability falling below 99.8% monthly.
• Availability is deemed to be the customer's ability to use all main functions of the platform. Maintenance times as well as times of malfunction with adherence to the rectification time are considered times of availability of the platform. Times of insignificant disruptions shall not be taken into account when calculating availability. The provider's measuring instruments in the data center are decisive for the proof of availability.
• The customer must report faults immediately to the contact details specified in the service description. Fault reporting and rectification is guaranteed Monday to Friday (excluding national holidays) between 9:00 am and 6:00 pm (UTC+1) (service hours).
• The provider shall rectify serious faults (the use of the platform as a whole or a main function of the platform is not possible) outside of service hours at the latest within 5 hours of receipt of the notification of the fault - provided the notification is made within service hours (rectification time). If it is foreseeable that it will not be possible to rectify the fault within this period, the provider shall inform the customer of this without delay and notify the customer that the period is likely to be exceeded.
• Other significant faults (main or secondary functions of the platform are disrupted but can be used; or other not merely insignificant faults) will be rectified within 12 hours at the latest within the service hours (rectification time).
• The elimination of insignificant faults is at the discretion of the provider.

7. Buffering of inputs, processing of messages, rate limits

• The provider is entitled to initially store incoming requests, messages, or data (in particular 'payloads') in a buffer temporarily before they are processed further. This serves to ensure orderly processing, load distribution and compliance with the technical and organizational requirements of the platform. To further ensure fair usage and maintain the integrity and performance of the platform, the provider also employs rate limiting measures. These measures may restrict the number of API requests, transactions, or other service operations you can perform within a specific time frame. Please read https://docs.allquiet.app/essentials/channels (SMS, Phone Calls) and https://docs.allquiet.app/essentials/inbound (API, Webhooks) for current rate limits.
• The use of buffering and rate-limiting measures may cause delays in forwarding and processing entries or temporary restrictions on platform access. These delays and restrictions are considered technically and organizationally necessary and must be accepted by the customer.
• The provider accepts no liability for disadvantages or damages incurred by the customer as a result of delayed processing, handling of entries, or rate-limiting enforcement, unless the delay or restriction is due to gross negligence or intent on the part of the provider.
• It is the customer’s responsibility to monitor and adhere to applicable rate limits. Exceeding these limits may result in temporary access restrictions.
• The provider undertakes to inform the customer on request about the expected duration of the buffering process, the sequence of processing and the parameters of rate-limiting enforcement, insofar as this is technically possible.
• The provider reserves the right to adapt the technical and organizational processes of buffering and rate limiting at any time to ensure the functionality, security, and efficiency of the platform. The customer will be informed of any significant changes in accordance with section 15.4.

8. Obligations of the customer

• The customer must protect and store the access data transmitted to him against access by third parties in accordance with the state of the art. The customer shall ensure that use is only made to the contractually agreed extent. The provider must be informed immediately of any unauthorized access.
• The customer is obliged not to store any data on the storage space provided whose use violates applicable law, official orders, third-party rights or agreements with third parties.
• The customer shall check the data for viruses or other harmful components before storing or using it on the platform and shall use state-of-the-art measures (e.g. virus protection programs) for this purpose.
• The customer shall be responsible for making regular and appropriate data backups insofar as the customer's own data is stored on the platform.

9. Warranty

• With regard to the granting of the use of the platform and the provision of storage space, the warranty provisions of German tenancy law (§§ 535 ff. BGB) apply.
• The customer must notify the provider immediately of any defects.
• The warranty for only insignificant reductions in the suitability of the service is excluded. Strict liability pursuant to Section 536a (1) BGB for defects that already existed when the contract was concluded is excluded.

10. Liability

• The parties shall be liable without limitation in the event of intent, gross negligence or culpable injury to life, limb or health.
• Apart from cases of unlimited liability as per Section 10.1, the parties are only liable for slightly negligent breaches of essential contractual obligations. These are obligations crucial for the contract's execution or whose breach endangers the contract's purpose. Liability is limited to foreseeable and typical damages at the time of contract conclusion.
• The above limitations of liability shall not apply to liability under the German Product Liability Act ("Produkthaftungsgesetz") or within the scope of guarantees given in writing by one of the parties.
• The provider accepts no liability for disruptions or failure of the telecommunications networks of external providers used by the platform.
• Section 10 also applies in favor of employees, representatives and bodies of the parties.

11. Defects of title; indemnification

• The provider guarantees that the platform does not infringe any third-party rights. The provider shall indemnify the customer against all claims of third parties due to infringements of property rights for which it is responsible in connection with the contractual use of the platform upon first request and reimburse the costs of reasonable legal action. The customer shall inform the provider immediately of any claims asserted against him by third parties due to the contractual use of the platform and shall grant him all necessary powers of attorney and authorizations to defend the claims.
• The customer warrants that the content and data stored on the provider's servers or otherwise transmitted to the provider, as well as its use and provision by the provider, do not violate applicable law (including data protection regulations), official orders, third-party rights or agreements with third parties. This applies in particular to so-called "payloads", i.e. the content of incident reports that the customer transmits to the provider. The customer shall indemnify the provider against claims asserted by third parties due to a breach of this clause upon first request and shall assume the provider's costs in this regard, for example for legal defense including court and legal fees.

12. Terms of remuneration and payment

• The customer must pay a monthly fee to the provider, the amount of which is specified in the service description and price list.
• The monthly fee to be paid will be adjusted in the event of changes in the number of users or the storage space volume in accordance with the conditions in the service description.
• The customer has the option of downloading the current invoice in his customer profile.
• Only the "Stripe" payment service is currently offered as a payment option. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer on the platform. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe can be found on the Internet at https://stripe.com.

13. Conclusion of contract, term and termination

• The contract shall come into force upon completion of registration by the customer and confirmation of registration by the provider via e-mail and shall have a fixed term of one month. It shall be automatically extended by a further month unless one of the parties gives notice of termination in writing or text form (e-mail is sufficient) before the end of the month. The text of the contract is only available in English and can be printed out during registration, but is no longer available to the customer after the contract has been concluded.
• The right to terminate the contract without notice for good cause remains unaffected. This termination must be in writing in all cases.
• The Provider shall provide the Customer with reasonable support in retransferring or backing up the data at its own expense after termination of the contract.
• The provider shall delete all customer data remaining on its servers 90 days after termination of the contractual relationship in an unrecoverable manner. There is no right of retention or lien on the data in favor of the provider.

14. Data protection; Confidentiality

• The parties shall comply with the applicable data protection provisions applicable to them.
• If and to the extent that the Provider has access to the Customer's personal data in the course of providing the service, the parties shall conclude a corresponding data processing agreement before the start of processing and attach it to this agreement as an annex. In this case, the Provider shall process the relevant personal data solely in accordance with the provisions set out therein and in accordance with the Customer's instructions.
• The Provider undertakes to maintain secrecy about all confidential information (including business secrets) that it learns in connection with this contract and its execution and not to disclose, pass on or otherwise use such information to third parties. Confidential information is information that is marked as confidential or whose confidentiality is evident from the circumstances, irrespective of whether it has been communicated in written, electronic, embodied or oral form. The confidentiality obligation shall not apply if the Provider is obliged to disclose the confidential information by law or on the basis of an official or court decision that has the force of res judicata. The Provider undertakes to agree with all employees and subcontractors a regulation with the same content as the preceding paragraph.
• By agreeing to the offer, the customer grants permission to use their corporate logo on the provider’s website, company presentations, or for marketing on any 3rd party website (e.g., Google, LinkedIn). The customer can revoke its consent at any time by notifying the provider in writing.

15. Final provisions

• Should individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace such provisions with valid and enforceable provisions that come as close as possible to the meaning and economic purpose and the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a gap in the contract.
• There are no verbal or written collateral agreements to this contract. Amendments to this contract and its annexes must be made in writing.
• German law shall apply to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention).
• The customer shall be notified in writing, by fax or by e-mail of any amendments to these Terms of Service (including the service description with price list). If the customer does not object to such amendments within six weeks of receipt of the notification, the amendments shall be deemed to have been agreed. The customer shall be informed separately of the right of objection and the legal consequences of remaining silent in the event of changes to the terms of service.
• The customer's terms and conditions shall not apply.
• The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg in Germany.

Contact Us

If you have any questions about these Terms of Service, You can contact us:

• By email: support@allquiet.app