1. STRATO HiDrive API
STRATO (“we” and “us”) provides the STRATO HiDrive API (“the API”), its documentation and any services related to the API (collectively “The Service”) exclusively based on these Terms of Use for Developer (“the Terms”). Please read them carefully. The Service enables you to connect your application with STRATO HiDrive.
You have to agree to the Terms in order to use the Service. By demanding an access key by email, your request will be treated as the confirmation of your acceptance of the Terms of Use.
We may modify the Service from time to time, for example through a versioning of the API. In this instance, we will attempt to let the previous version run on for an appropriate period to give you the possibility to adapt your application, although we have no obligation to do so.
We also reserve the right to suspend or terminate the Service at any time. In this case, we will do our best to notify you although we have no obligation to do so. You don’t have any claim to the Service to be continued.
2. Account Setup
By agreeing to the Terms, you represent to us that you have full right, power and authority to enter into and perform this Agreement.
We will send you a confirmation email after you have subscribed to the Service.
We want to let you know about any changes we make to the Service. Please make sure that your contact details are accurate and always up to date. Otherwise we will be free from any obligation to contact you or to provide you with any information or notice.
3. Your Privacy
We collect and process personal data according to the German Data Protection Regulations. If you want to know more about how we collect and process data, please read our Privacy Policy.
4. Account Security
You may not share your account with others.
You are responsible for safeguarding your data. In case you have a test access, please change the initial password immediately. Do not disclose your password, user ID or any other provided services (i.e. a test access) to any third party. You are solely responsible for any activity carried out with your username and password including, but not limited to, all information stored, transferred, and received as well as the termination of your Service.
5. User Conduct
The API allows you to connect the application you programmed with STRATO HiDrive. Please make sure that you have the rights to duplicate, share and make public your application or an update of your application (“an update”). STRATO reserves the right to prove an application or update, before it will be connected with the Service. That the previous application was not refused by STRATO does not mean that an update will also be approved automatically. In case of refusal of an application or update, STRATO cannot be held liable for incurred costs.
You are solely responsible for ensuring that the application and every following update connected with the Service (1) does not infringe upon any third parties’ rights (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights), (2) is not in breach with any applicable law or regulation, (3) is not discriminating or offensive, (4) is not causing damage to us, to other users or to third parties (including but not limited to viruses, spyware or malware) and (5) does not abuse the Service and STRATO HiDrive for any unsolicited proceeding including but not limited to spamming or collecting personal data of third parties).
If we become aware of such activities under your account, we may suspend or terminate the Service. We reserve the right to remove and destroy any of your applications used with the Service if we determine, in our sole discretion, that continued connection of the application may expose us to any liability (civil or criminal). We reserve the right to suspend the Service if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service and/or STRATO HiDrive or the use of our Service and/or STRATO HiDrive by other users.
6. Intellectual Property of STRATO
All title and interest in the Service is owned by STRATO. STRATO grants you a personal, nonexclusive, nontransferable, limited and revocable license to use the Service. Your license ends with the termination of this Agreement. You may not sell or redistribute the Service.
For advertising purposes and promotion of your application only, STRATO grants you a personal, nonexclusive, nontransferable, limited and revocable license to use exclusively the brands and logos which can be downloaded here Brands and Logos.
7. Your Intellectual Property
STRATO does not own any title or interest in your application. You grant STRATO a nonexclusive, royalty-free, nontransferable, limited and revocable license for the purpose to perform the Service.
Further you grant STRATO a nonexclusive, royalty-free, nontransferable limited and revocable license to use your brand and the name of your application for advertising purposes, i.e. to publish that you use the Service.
8. Indemnification
You agree to hold us harmless from any and all damages and costs, including without limitation reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in the Terms.
9. Disclaimer of Warranties
We would like to provide you with an excellent Service. However, we can neither guarantee that is suitable for particular needs nor are we obliged to fix possible bugs. The service is provided “AS IS” and “AS AVAILABLE” and, except as expressly provided herein, without warranties of any kind.
10. Limitation of Liability
We strive to provide you with the best Service possible – for free. Since it is a free service, please note that we exclude any liability of any kind. In any event, the aggregate liability for all claims relating to the Service is limited to 10 EUR and subject to a limitation period of one year after you have taken notice of the damage. We do not provide any warranty for response time or speed.
The foregoing limitations do not apply (1) to intentional damage and death or bodily harm and/or injuries to health; (2) to claims based on Product Liability according to the Product Liability Directive, 85/374/EEC; (3) to damage due to gross negligence of legal representatives, executives or persons employed in the performance of our obligations relating to the execution of this Agreement.
11. Termination
You may terminate this Agreement at any time. Simply delete your account in the login area of your Service. With the termination of this Agreement the Service will end immediately and the API will no longer connect your application with STRATO HiDrive. Thus, some or all features of your application eventually won’t work anymore and won’t be restorable, so be sure when terminating the Service.
We may terminate this Agreement at any time. If you don’t log in to the Service for more than six months, we reserve the right to terminate the Service and delete all data stored by and relating to you.
We will inform you via email before we terminate the Service although we have no obligation to do so. After the termination of the Service, you have no longer access to your data and no license to use the software. All data stored by you will be deleted.
11. General
We may modify these Terms from time to time. You will always be able to find the newest version of the Terms on our website https://developer.hidrive.com/terms-of-service/. By using the Service after the modification, you agree to the new Terms.
The Terms, the use of the Service and all claims arising out of or relating to them will be governed by German law except for its Conflicts of Laws principles and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. All claims arising out of or relating to the Terms or the use of the Service are subject to the exclusive Venue of the courts of Berlin (Germany).