Terms of Service

Last updated on: 2022-12-21

  1. Who we are

We (the people at Scramjet) are on a mission to make the cloud an easier place for developers to deploy applications. We hope that the internet and you enjoy our products and services – from our cloud workload management to our Transform-as-a-Service (TaaS) offerings, either in the cloud, hybrid or on-premises, allowing people around the world to deploy any type of code, building the next generation of products on our distributed ecosystem. These Terms of Service (“Terms”) describe our commitment to you, and your rights and responsibilities when using our service. Please read them carefully and reach out to us if you have any questions at [email protected].

These Terms of Service are a model contract, and set out the terms and conditions of provision of the Services by Scramjet to the Customer. What is the precondition for provision of the Services is reading and accepting the Terms of Service. If you don’t agree to these Terms, don’t use our Services.

  1. Definitions

    • Account: an account created on the Platform which is necessary to use the Services. Only registered Customers have access to the Account. The following data are necessary to log on to the Account: active e-mail address and the Password. The Account is used free of charge.
    • Agreement: Terms of Service and all other operating rules, policies, and procedures that we may publish via the Services
    • Customer/ you/ your: a natural person running a business or using the Services for professional purposes. The Service is not directed at consumers. You may not use the Services if you are under 13 years of age. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
    • Customer Data: any content you transfer or transform using our Services
    • GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
    • Instance: unit with allocated compute resources on which you run your Sequences.
    • Password: a series of alphanumeric or/and special characters necessary to conduct authorization in the process of gaining access to the Account.
    • Plan: a set of Services offered by the Service Provider with the parameters and limits set out in the Price List or a separate agreement, thanks to which the Customer is able to use the Service for the fee set out therein.
    • Platform: the Scramjet Cloud Platform.
    • Price List: the schedule made available by the Service Provider at URL address: https://www.scramjet.org/pricing, which sets out the cost for which the Service is provided by the Service Provider to Customers, as well as detailed functionalities and technical parameters of the Plans.
    • Registration: made in order to create the Account on the Platform by entering the e-mail address in a relevant registration form. It is a process of acquiring the User rights, which is approved both by the Service Provider and the User. The registration form may be made available through the Platform and/or through other access channels authorized by Us.
    • Sequence: also “Application” and/or “Program”, piece of software that you upload to the Platform and run on the Instance.
    • Service Provider / Scramjet / we / our / us: Scramjet sp. z o.o. with its registered office in Suwałki (postal code 16–400) at Innowacyjna 1 Street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the city of Białystok, 12th Commercial Division of the National Court Register under KRS number: 0000841090, holding tax identification number (NIP): 8442369108 and statistical identification number (REGON): 386048306, fully paid-up share capital: PLN 34 750.00, contact e-mail address: [email protected]
    • Services: all functionalities given by using Scramjet Cloud Platform, described in the documentation.
    • Stripe: an external service independent of the Service Provider through which the User can make payments set out in the Price List in connection with the provision of the Service, in particular by credit card. Payments are handled by Stripe Payments Europe, Ltd. , C/O A&L Goodbody, Ifsc, North Wall Quay Dublin 1., Dublin 1, Dublin. RA000402 , BIC Code: STPUIE21XXX.
    • Subscription: the period indicated in the Price List for which the User made the payment and/or has undertaken to make the payment in the amount set out in the Price List. The subscription period ends on the last day of a given month in which the card was disconnected.
    • Term of the Agreement: the period during which the User and Scramjet remain bound by the Agreement, i.e. the period from the moment at which the Account was created to the termination of the Agreement.

  2. Types and scope of Services provided

    Under the Agreement, the Customer gains access to the Account on the Platform. The Service helps You manage the Account, as well as purchase or activate other Services available on the Platform.

    The Registration and use of the Account is free of charge. The use of the Plans is in accordance with the Price List. Additional discounts may be granted by us on the terms specified in separate documents.

    You can use the Free Trial. Information on the resources and duration are visible after Registration and logging in. After the Free Trial has expired, it cannot be used again.

  3. Technical Requirements

    In order to gain access to the Services, it is necessary to:

    • accept the Terms of Service and Privacy Policy,
    • successfully complete the Registration on the Platform,
    • use a device with one of the following Internet browsers: IE 11, Chrome46, Firefox41, Safari 9, Opera 32 or higher, with cookies enabled and access to the Internet with the minimum speed of 1 Mbit/s.

    The Service Provider ensures technical support available at the e-mail address: [email protected]. The support is provided on business days, from Monday to Friday, between 9:00 am and 5:00 pm (CET time zone) with the exception of non-working days and holidays applicable in the territory of the Republic of Poland.

  4. Customer Rights and Obligations

    Scramjet Cloud Platform enables you to build applications, run workloads in the cloud, scale workloads across different providers, and we would love for you to use it. We don't own your Sequences, and you retain all ownership rights you have in the content you post to your Scramjet Cloud Platform. However, be responsible in what you run and compute. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) is processed through your Instance.

    The Service Provider shall offer the Customer technical support connected with the Services available on the Platform. You shall have the right to manage the Services through the Account. Only You have access to your data. You can change your e-mail address and other data after login.

    The Customer undertakes:

    • To verify, in advance, whether the technical requirements that need to be met in order to use the Platform, including the Services, are complied with,
    • to update data, including personal data,
    • not to take any actions which fail to comply with the generally applicable legal regulations (in particular, it is forbidden to disseminate content which contain child pornography, which breach copyright and/or other intellectual property rights of third parties, as well as contravene rules of social coexistence, show extremely drastic scenes or may be considered to be vulgar or offensive,
    • not to supply through the Services illegal content/data (in particular, pornographic and racist ones), which are generally considered to be vulgar, offensive and/or obscene, or which may offend feelings of other people, including religious and political ones, or any other content/data which violate legal regulations,
    • not to use Services for processing sensitive personal data,
    • not to use the Services to sell goods and/or services which are contrary to legal regulations,
    • not to post misleading information regarding the authenticity and origin of goods and/or services,
    • not to use the Services in a manner which is contrary to applicable legal regulations or rules of decency, as well as which infringe on personal rights of third parties and/or Service Provider’s justified interests,
    • not to send unsolicited commercial information or SPAM through the Services,
    • not to interfere in the Platform’s and source code,
    • not to post through the Service hyperlinks to infected websites or websites whose content is contrary to law,
    • not to take any actions which may hinder and/or disrupt the Services’ operation, in particular by intentionally placing a malicious code or infected files,
    • to use the Services within the applicable legal limits and for their intended purpose,
    • not to access the Accounts of third parties (e.g. by cracking Passwords of other Users),
    • not to generate excessive or disproportionate traffic on the connections or other elements of the infrastructure relied upon to provide the Service,
    • keep his Password strictly confidential and not to make it available in any manner to third parties,
    • not to make available to third parties his Account, as well as Account access data,
    • not to use of web miners, crypto-miners, or other forms of harmful content that has the ability to impact other users.

    As part of the Service, it is forbidden to use any software / scripts unauthorized by the Service Provider, in particular those which disrupt and/or in any manner make the use of the Services automatic, such as viruses, bots, other harmful software, etc.

    You shall be obliged to use your own, correct personal data and your active e-mail address. The Service Provider reserves the right to request the User to confirm the correctness of his data by a copy of relevant documents.

    The rights and obligations of the Customer must not be transferred to other. It means that you must not transfer / sell / dispose your Account, for the benefit of any other entity. We shall be the sole entity authorized to render the Services for the benefit of the Customer.

  5. Scramjet Rights and Obligations

    The Service Provider does not moderate the content of the Customer Accounts. We may ask you for opinions and their level of satisfaction with the Services and customer service. We may examine the manner in which the Services are used, in particular through collection anonymous information which allow improving them in terms of functionalities and technical aspects (e.g. for technical support or on the basis of cookies, such as the browser’s name and version, operating system, screen resolution, bandwidth, click through rate, etc.).

    The Service Provider does not moderate the content of the Customer Accounts. We may ask you for opinions and their level of satisfaction with the Services and customer service. We may examine the manner in which the Services are used, in particular through collection anonymous information which allow improving them in terms of functionalities and technical aspects (e.g. for technical support or on the basis of cookies, such as the browser’s name and version, operating system, screen resolution, bandwidth, click through rate, etc.).

    The Service Provider has the right to examine the manner in which the Platform, including the Services, is used, as well as create statistical analysis reports and use them in commercial activities. We can send polls. The Scramjet may use the logos or trademarks of the Customers using the Platform in order to indicate that they are or were ours clients.

    The Service Provider may change, at its sole discretion, change the properties and functionalities of the Services and/or the software used, provided that the level of quality of the Services rendered for the benefit of the User is not adversely affected. We reserve the right to render the entire Platform and/or the Service or portions thereof, temporarily unavailable due to technical reasons, especially when performing maintenance or introducing changes to the Platform or the Services. The Service Provider shall take every effort to limit, to the extent practicable, the arduous nature of such unavailability of the Platform and/or the Services for the User. The Scramjet undertakes to take every effort to ensure that the Services are rendered in a due manner, on a permanent and continuous basis.

    We may suspend provision of the Service (during active subscription) if the Customer has breached the law or Terms of Service. Prior to the suspension of the Services, the Customer shall be requested, sufficiently well in advance, to provide explanation, and if he fail to provide it or provide an unsatisfactory answer, the Services shall be suspended at the data indicated in the declaration sent (the declaration concerns the cause of the suspension, its duration and the possibility of removing the suspension). The Customer has the right to make a complaint. Any compensations shall be looked into in accordance with the complaint procedure and legal regulations. The Service Provider's liability for the provision or non-provision of Services, including the maximum value of compensation, is specified in point 14 "Liability". We may terminate your access to our Services without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a regulatory authority requires it.

  6. Personal Data

    When using our Services requires an account, you agree to provide us with accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we’re able to verify your account information, like your email address.

    You can use the Services without revealing your identity and without providing any personal data that would make your identification possible. We will then collect only technical information necessary for the functioning of the Services.

    Detailed rules for data processing are specified in the Privacy Policy available at https://scramjet.org/privacy-policy.

  7. Fees

    The Service Provider may grant a discount to the Customer on the standard fees for provision of the Service on the Terms of Service set out in the Price List and/or separate regulations or agreement. The discount amount may depend on the duration of the Subscription.

    The Customer settles Accounts in a manner available on the Platform or otherwise specified in a separate agreement. If you would like to receive invoices, please report it to the following e-mail address: [email protected]. The Service Provider may charge an additional fee for handling the request, which he will inform about before the Service is performed. In other cases, payment information is displayed on the Platform.

    Payment depends on your Plan. If you use up more resources than specified in the Plan selected by you, you switch to the prices specified in the "Pay as you go" Plan. The billing is then made in proportion to the Plan according to consumption.

    The prices in the Price List are net prices. Some banks may collect a fee/commission in the case of card or bank transfer payment (transfer abroad), and add it in accordance with their current price list, which is beyond the control of the Service Provider. Please read the rules for settlements, in particular international settlements, valid in your bank. The above-mentioned costs are not covered by the Service Provider.

  8. Complaints

    Complaints should be made electronically within 30 days of noticing the damage (e.g. faulty operation of the Service) to the technical support. The complaint should include:

    • as detailed description of the irregularity as possible (taking into account the time and place of its occurrence),
    • indication, if possible, of the way in which the complaint should be handled,
    • if the complaint concerns a mistake in an invoice, please provide the invoice number.

    The complaint is looked into at the earliest possible date, but not later than within 14 days. The day on which the Service Provider receives the complaint shall be deemed to the day on which the complaint was made. The fact that a complaint has been made does not influence the course of the Subscription or the provision of the Service.

  9. Intellectual Property Rights

    The Agreement doesn’t transfer any Scramjet or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Scramjet and you) solely with Scramjet. Scramjet and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Scramjet (or Scramjet’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Scramjet or third-party trademarks.

  10. Term and Termination

    The Agreement shall be entered into as of the moment at which the Account is created on the Platform, and remains in force until its termination (i.e. when the Account is deleted). The Agreement shall be entered into for an indefinite period. In order to create the Account, the Customer needs to complete the Registration.

    Both during the Registration and at any time during the Term of the Agreement, the User may purchase the Plan. Deletion of the Account is possible in the case in which the User does not have an active Subscription, and if the User requests for the Account deletion, it takes place at the end of the Subscription.

    The Customer may unsubscribe at any time, but with effect on the last day of the month. This means that the subscription fee will be charged for the month in which the payment card was attached.

    The Service Provider shall have the right to terminate the Agreement with immediate effect if the Customer fails to use the Platform (i.e. does not log to his Account, does not use the Service, does not have an active Subscription, etc.) for over 12 months since the day of expiry of the last Subscription paid for. In such a case, the Scramjet shall send, in advance, the notification by e-mail. We shall have the right to, respectively, block or terminate the Agreement in accordance with applicable law in the case in which the Customer has breached the provisions of Terms of Service or law. In the above-mentioned case, the fee paid by the Customer shall not be refunded, and shall be treated as the contractual penalty for incorrect fulfilment of the obligations by the Customer.

  11. Disclaimers

    By accepting these Terms or using the Services, you understand and acknowledge that the Services are being provided on an “As Is”. You assume all risks and all costs associated with your use of the Services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data.

  12. Services

    Our Services are provided “as is.” Scramjet 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 Scramjet, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Indemnification

    You agree to indemnify and hold harmless Scramjet, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, data you transform or activity you conduct using the Services.

  13. Liability

    You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Don’t share or misuse your access credentials.

    The Scramjet shall not be held liable for:

    • incorrect data entered by the Customer at the Registration stage,
    • lack of yours access to the Internet, or for restrictions affecting such access (we do not offer Internet access services),
    • restrictions affecting and/or incorrect operation of software or hardware owned by the Customer thanks to which they can use the Services. The Service Provider has set out the technical requirements necessary for the Service’s. In the case of any problems during the Term of the Agreement, you may get in touch with technical support,
    • losses suffered and profits lost by the Customer or third parties as a result of the Password to the Customer Account being disclosed to third parties by those Customers or third parties,
    • losses suffered and profits lost by the Customer or third parties as a result of those Customer or third parties acts or omissions, in particular due to the fact that they use the Services in a manner which does not comply with the applicable law and/or the Terms of Service,
    • losses suffered and profits lost by the the Customer or third parties as a result of actions and/or omissions of third parties,
    • losses suffered and profits lost by the Users and/or Authorized Persons which have not been caused by the Service Provider’s wilful intent.

    The Service Provider has no influence on whether any third parties will or will not take any action and/or actions in connection with the Services provided. The Service Provider has no influence on the manner in which the Customer or third parties manage their Account.

    The Scramjet:

    • only stores Customer data and enables their online transmission,
    • does not modify the data entered by the Customers or third parties,
    • should the Service Provider receive an official notification, or should he become aware, in a reliable manner, about the unlawful nature of the data made available by the User, it shall contact the User in order to clarify the case and shall act in accordance with the Terms of Service as well as law.

    The Service Provider shall be liable for the losses attributable to it due to the failure to perform and/or improper performance of the Agreement, up to the amount of the fees paid by the Customer.

  14. Changes to these Terms

    The Service Provider makes available the wording of the Terms of Service at URL address scramjet.org/terms-of-service, where the Terms of Service can be displayed and/or printed out. The Terms of Service may also be made available in a different manner, upon individual request of a given person, if such a person encounters problems in displaying or reading. To this end, they are requested to get in touch with the technical assistance department.

    The Service Provider makes available the wording of the Price List at URL address scramjet.org/pricing, where the Price List can be displayed and/or printed out. The Price List may also be made available in a different manner, upon individual request of a given person, if such a person encounters problems in displaying or reading the Price List. To this end, they are requested to get in touch with the technical assistance department.

    The Scramjet reserves the right to amend the Terms of Service and the Price List. Each substantial amendment of the Terms of Service shall be communicated to the Customer by e-mail at least 14 days prior to the planned entry of the amendments into force. In the case referred to above, the Customer shall have the right to terminate the Agreement before the planned entry into force of the new rules and regulations and/or the Price List. Failure to report the intention to terminate the Agreement, or failure to terminate the Agreement by such a deadline shall be deemed as the Customer’s consent to continue to be bound by the Agreement, on the terms and conditions provided for in the new rules and regulations and/or the Price List. In the event of price changes, they take effect from the commencement of the new price list. A change to the scope and/or type of Services that does not breach the existing Agreement shall not be considered to be a substantial amendment of the Terms of Service.

  15. Miscellaneous

    The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Scramjet and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Scramjet may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

    These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

    We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you. Please join our community at our Discord channel scr.je/discord We’re looking forward to your contributions.

  16. Jurisdiction and Applicable Law

    Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Poland, including its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be court competent for our seat.