Terms of Service

The gist

We (the folks at gnowsis.com) run a semantic personal information management service called Cluug.com and would love for you to use it. It is free at the beginning, and at a later point in time we will charge a monthly fee for continued use.
Our service is designed to give you as much control and ownership over what you store and with whom you share it. Your data is private by default and you are free to express yourself and keep secrets in your private data. You also remain all ownership on your content. However, be responsible when you share content with others. Keep good manners and not to breach laws. For this, we list some prohibited items below (things like spam, viruses, or hate content).
These Terms of Service are based on the Wordpress terms published under an Attribution-Share Alike 3.0 Unported license, and adapted by Freemix. This means you are more than welcome to repurpose them for your own use, just make sure to publish your terms under the same license, and replace references to us with ones to you. Also you should link to the original terms of us (gnowsis.com), the freemix.com terms, and the Wordpress terms somewhere on your site to give attribution. If you copy our terms, it will help customers, because they can compare our terms easier.
This is the version as of 28.2.2010.

Terms of Service

The following terms and conditions govern all use of the Cluug.com Website and all Content, Services and products available at or through the website, including, but not limited to, the Cluug.com paid subscription, (taken together, the “Website”). The Website is owned and operated by gnowsis e.U. Leopold Sauermann, Rudolf Sallinger Platz 1/423, A-1030 Wien, Austria (“Gnowsis”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Gnowsis’s Privacy Policy) and procedures that may be published from time to time on this Site by Gnowsis, all of which taken together represent your agreement with Gnowsis (collectively, this "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website nor use any services. If these terms and conditions are considered an offer by Gnowsis, acceptance is expressly limited to these terms.

Account Terms.

1. The Website is available only to individuals who are at least 13 years old and a human person or a company..
2. Your Cluug.com Account. If you create an account on the Website, you will receive a password and account designation. You agree to immediately notify Gnowsis of any unauthorized use of your password or account or any other breach of security. Gnowsis cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. .
3. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form, and to maintain this data.
4. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
5. The service and account are not transferable, your account may only be used by one person. You can create multiple accounts for multiple persons.

Content Terms

1. Your Content. With “Content” we identify text, graphics, hyperlinks, keywords, a rating, an audio file, or computer software that you store on Gnowsis services and Websites. You retain ownership of your content and Gnowsis has only limited rights to use your content.
2. Backup of Content. Gnowsis takes care to keep your content safe. We keep backups. Although we do everything we can to keep your content safe, we take no liability for keeping your content. The service offers an Application Programmer Interface (API) which you can use to export all your Content (Note: this feature is currently not finished yet but will be available in upcoming versions). This allows you to keep your own backup, which we encourage you to do in regular intervals.
3. Liability for Content. You understand and agree that the Website and all Gnowsis services are provided "AS-IS" and that Gnowsis, its affiliates, suppliers and licensors assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your Content or communications.
4. Security of Content. From our employees and contractors, only system administrators and contractors authorized for system administration tasks have access to your content for the purpose of making safety backup copies. We are contracting third party suppliers for hosting our servers, they are Austrian companies bound by Austrian Data Protection Legislation and contracts with us. Our contractors are not allowed to look at your data.  We do not pass content to third parties unless you authorize us to do so. Read our Privacy Policy for details how you can give third parties access to your content.
5. Deletion of Content. If you delete Content, Gnowsis will use reasonable efforts to remove it from the Service, but you acknowledge that backups, caching or references to the Content may not be made immediately unavailable.
6. Removal of Harmful Content. Without limiting any of those representations or warranties, Gnowsis has the right (though not the obligation) to, in Gnowsis’s sole discretion (i) refuse or remove any content that, in Gnowsis’s reasonable opinion, violates any Gnowsis policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Gnowsis’s sole discretion. Gnowsis will have no obligation to provide a refund of any amounts previously paid.
7. Authorization of Gnowsis for Shared Content. By submitting Content to Gnowsis and marking it to be shared with other users and groups, you authorize Gnowsis to actually share this Content with other users. For this, you grant Gnowsis a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of sharing your Content.
8. Responsibility of Website Visitors. Gnowsis has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Gnowsis does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Gnowsis disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
9. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Cluug.com links, and that link to Cluug.com. Gnowsis does not have any control over those non-Cluug.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cluug.com website or webpage, Gnowsis does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Gnowsis disclaims any responsibility for any harm resulting from your use of non-Cluug.com websites and webpages.

Responsibility of Contributors of Shared Content

All of your Content is private by default and cannot be accessed by other users nor the general public. If you chose to make data public using the cluug.com service, copyright and other laws take effect. These laws can also take effect when you share data in private groups, which requires you to take care. If you share “Content”, you are entirely responsible for the Content and any harm resulting from it. By sharing Content, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, libelous or defamatory (more info on what that means at EFF), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your account or data is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Gnowsis or otherwise.

Fees and Paid Services

1. Fees and Payment. The Website is offered in different pricing models; please refer to the price list for the current model. Different service periods with different prices are offered, you select a period and pricing model. By selecting a model you agree to pay Gnowsis the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a model and will cover the use of that service for a monthly or annual period as indicated. Service fees are not refundable.
   By signing up for a paid service account you agree to pay Gnowsis the setup fees and periodical fees indicated at the price list in exchange for the services listed at the service description. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services.
2. Change of Terms and Fees. Gnowsis reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. A change of terms from our side affects future payments and you have the possibility to switch your price model or terminate the service before the next payment is due.
3. Switching the Pricing Model. You can change your pricing model anytime. A new period starts the day you switch. You have to pay the full fee for the new service on the day you switch. If you are unsure about which model to chose, start with a monthly period and switch after a month.
4. Continuation of Paid Services and Cancelling. At the end of a period of using a paid service, the service is automatically continued with the same model and period and a new fee invoiced. In case the automatic payment fails, the service is not continued and the contract ends. Paid services can be canceled by you any time. The service is not automatically continued by cancelling 14 days before the next period starts.
5. Handling of Defects. The Software running the Website and Service is not finished, nor is it error-free. It may contain defects – for example a feature may not work as described in the product description. These defects will, once reported by the customer or found by testing, be repaired by Gnowsis or parts of the software replaced or removed. Gnowsis cannot estimate the time to repair defects.
6. Support. Paid services include access to online support. “Online support” means the ability to make requests for technical support assistance by using an online forum at any time (with reasonable efforts by Gnowsis to respond within one business day) concerning the use of the paid services. All support will be provided in accordance with Gnowsis service practices, procedures and policies, as may be updated by Gnowsis from time to time in its sole discretion.

Termination

1. Cancelling. If you wish to terminate this Agreement or your Cluug.com account (if you have one), you may close your account any time. You can only cancel the subscription via the Website.
2. If you are not using a paid service, Gnowsis may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
3. If you have a Paid Service account, such account can only be terminated by Gnowsis if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Gnowsis’ notice to you thereof.
4. Shutdown of Service. Gnowsis can terminate the Website as part of a general shut down of our service. If this occurs, it will be announced 30 days in advance. The periodical subscriptions will be cancelled automatically. Service fees are not refundable.
5. Content Deletion. Upon termination of your account, your Content is deleted and cannot be recovered. Gnowsis will offer an export service via our API for you to receive a copy of your data.
6. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright and Intellectual Property

1. Intellectual Property. This Agreement does not transfer from Gnowsis to you any Gnowsis or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Gnowsis.
2. Feedback. When giving feedback about the software and providing ideas to improve it, you give Gnowsis the right to use your feedback freely and you do not acquire any intellectual property rights on the Service.
3. Trademarks. Gnowsis, Cluug.com, the Cluug.com logo, and all other trademarks, service marks, graphics and logos used in connection with Cluug.com, or the Website are trademarks or registered trademarks of Gnowsis or Gnowsis’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Gnowsis or third-party trademarks.
4. Restrictions on the Gnowsis Software. You may not reverse engineer, decompile, or disassemble any Software provided by Gnowsis. Gnowsis or his licensors are entitled to all copyrights on the agreed services (programs, documentation, etc.). By this contract you acquire merely the authorization to use the service. Further distribution of the service by you is not permitted, as per the copyright law. The look and feel of the user interface of our Website and Services is our intellectual property and our copyright. We reserve all rights on the user interface. You may not copy or reuse any part of the user interface (color scheme, visual arrangement, CSS, HTML, labels and texts). Any infringement of the copyrights of Gnowsis will result in the right to claim damages.
5. Approved Reuse of Gnowsis Software, Trademark, and Graphics. You have our approval to make screenshots or videos of the software and publish them for illustrational purposes, such as blog posts or articles, if you add a link to the original service and give attribution. You can also verbally cite parts of the software in journalistic and scientific environments, if you give attribution. For such purposes, you can also use our logos, photos, screenshots, and colors. For your convenience, there is a press kit available on our homepage.

General Conditions

1. Changes. Gnowsis reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Gnowsis may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
2. Disclaimer of Warranties. The Website is provided “as is”. Gnowsis and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Gnowsis nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. In no case, Gnowsis will refund a paid subscription.
   If you’re actually reading this, here’s a treat.
   You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
3. Limitation of Liability. In no event will Gnowsis, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (a) any special, incidental or consequential damages; (b) consequential damages and financial loss; (c) not realized savings; (d) the cost of procurement or substitute products or services; (e) for interruption of use or loss or corruption of data; (f) for any amounts that exceed the fees paid by you to Gnowsis under this agreement during the twelve (12) month period prior to the cause of action. Gnowsis shall have no liability for any failure or delay due to matters beyond their reasonable control. Liabilities for damages arising from third-party claims against Gnowsis are ruled out.
   The foregoing shall not apply to the extent prohibited by applicable law.
4. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Gnowsis Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
5. Indemnification. You agree to indemnify and hold harmless Gnowsis, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
6. Jurisdiction. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Austria. This agreement shall be governed by the laws of the Republic of Austria. This is the case also when the order is carried out outside of Austria.
   The UN Convention on Contracts for the Sale of Goods is excluded. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. Appropriate supplementary provisions: a) the place of arbitration shall be ICC Austria – International Chamber of Commerce; b) the substantive law of Austria shall be applicable; c) the language to be used in the arbitral proceedings shall be English.
7. Miscellaneous. This Agreement constitutes the entire agreement between Gnowsis and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Gnowsis, or by the posting by Gnowsis of a revised version.
   If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
   You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
   You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Gnowsis may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.