Terms of Service

1. Definitions

• "Platform" means the Larasell web application, APIs, and related services that allow Customers to deploy and host their own applications.
• "Customer Application" means any software application deployed by you on the Platform.
• "Customer Data" means all data, content, and materials that you or your end users upload, store, or process through your Customer Application on the Platform.
• "End User" means any person who accesses or uses your Customer Application.
• "Subscription" means the paid plan you select, which determines the resources and features available to you.

2. Eligibility and Account Registration

The Platform is offered exclusively for business use (B2B). By registering, you represent that you are at least 18 years old and are acting in a professional or commercial capacity.

You may register with an email address and password or through a supported social login provider (currently GitHub and Google). You must provide accurate and complete information during registration and keep your account credentials secure. You are responsible for all activity that occurs under your account.

If you register with an email address, you will be required to set up two-factor authentication (TOTP) as part of the registration process to protect your account.

3. Description of the Service

Larasell is a Platform-as-a-Service that allows you to deploy, manage, and host your own web applications. We provide the infrastructure, tooling, and operational environment; you retain full control over the code, content, and data within your Customer Applications.

We reserve the right to modify, improve, or discontinue features of the Platform at any time. Where a change materially reduces the functionality available under your current Subscription, we will provide reasonable advance notice.

4. Subscriptions, Billing, and Payment

5. Acceptable Use

You agree to use the Platform in compliance with all applicable laws and regulations. You must not, and must ensure that your End Users do not, use the Platform to:

• violate any applicable local, national, or international law or regulation;
• infringe the intellectual property rights, privacy rights, or other rights of third parties;
• distribute malware, viruses, or other harmful code;
• send unsolicited bulk communications (spam) or facilitate phishing;
• host content that is unlawful, defamatory, fraudulent, or promotes violence or hatred;
• engage in cryptocurrency mining or similarly resource-intensive operations not related to your Customer Application's purpose;
• attempt to gain unauthorised access to the Platform, other accounts, or connected systems;
• interfere with or disrupt the integrity or performance of the Platform;
• circumvent usage limits, rate limits, or other technical restrictions;
• resell, sublicense, or redistribute Platform access without our prior written consent.

6. Suspension and Termination for Abuse

We reserve the right to immediately suspend or restrict your access to the Platform, including any Customer Applications, if we reasonably determine that:

• you have violated these Terms, including the Acceptable Use provisions in Section 5;
• your use of the Platform poses a security risk to the Platform or other customers;
• your use could subject us or any third party to liability;
• your account is overdue for payment beyond the grace period set out in Section 4;
• we are required to do so by law, regulation, or a binding order from a competent authority.

Where circumstances permit, we will notify you before or promptly after a suspension and provide an opportunity to remedy the issue. If the breach is not remedied within a reasonable period (typically 14 days after notice), we may terminate your account and delete your Customer Data in accordance with Section 12.

In cases of severe or repeated violations, we may terminate your account immediately without prior notice or opportunity to cure.

7. Customer Applications and Customer Data

8. Intellectual Property

The Platform, including its design, features, documentation, trademarks, and underlying technology, is and remains our exclusive property or that of our licensors. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written consent.

We may use your company name and logo to identify you as a customer on our website and marketing materials, unless you notify us in writing that you object.

9. Availability and Support

10. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms ("Confidential Information"). Confidential Information does not include information that is publicly available, already known to the receiving party, or independently developed without reference to the disclosing party's information.

This obligation survives termination of these Terms for a period of two years.

11. Limitation of Liability

The following limitations apply to the extent permitted by applicable law, in particular the mandatory provisions of German civil law (BGB):

• Unlimited liability: We are liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, and for claims under the German Product Liability Act (Produkthaftungsgesetz).
• Breach of essential obligations: In cases of slight negligence (leichte Fahrlässigkeit) in the breach of a material contractual obligation (wesentliche Vertragspflicht), our liability is limited to the foreseeable, typically occurring damages. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance you may regularly rely.
• Exclusion: Liability for slight negligence is excluded in all other cases.
• Monetary cap: Where liability is limited to foreseeable damages, our total aggregate liability for all claims arising under or in connection with these Terms shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

We are not liable for loss of data where you have failed to take reasonable backup measures. We are not liable for any indirect, incidental, or consequential damages, including lost profits, loss of business, or loss of data, except where mandatory law provides otherwise.

12. Term and Termination

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, strikes, power failures, internet outages, or actions of governmental authorities. The affected party will notify the other party promptly and use commercially reasonable efforts to mitigate the effects.

14. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your use of the Platform in violation of these Terms;
• your Customer Application or Customer Data, including any claim that they infringe the rights of a third party;
• your violation of any applicable law or regulation.

15. Changes to These Terms

We may amend these Terms at any time. We will notify you of material changes at least 30 days before they take effect by email or through a notice on the Platform. If you do not agree with the amended Terms, you may terminate your account before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules.

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Münster, Germany, provided that you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, or have no general place of jurisdiction in Germany.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic intent and purpose of the original provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and us regarding the use of the Platform. They supersede all prior agreements, understandings, and representations, whether written or oral.

19. Contact

If you have questions about these Terms, please contact us:

Email: nils@larasell.dev