The subject matter of this Agreement is the use of Docker Up. This Agreement regulates all relations between Docker Up and the customer regarding the use of Docker Up.
Depending on the integrations the user activated, Docker Up communicates with GitLab and/or GitHub on the customer's behalf. GitLab is offered by GitLab Inc. and GitHub is offered by GitHub Inc. Condition to the proper use of Docker Up is a valid contract with GitHub Inc./GitLab Inc. on the use of GitHub/GitLab which may lead to costs on the customer’s sole responsibility. The customer will provide Docker Up with his GitHub/GitLab account information (hereinafter “GitHub Sign-In”/"GitLab Sign-In') when signing in through GitHub/GitLab via dockerup.net (hereinafter the “Website”) automatically. He allows Docker Up to access the customer’s GitHub/GitLab account. Docker Up will directly communicate in the name of the customer and in its own name with GitHub/GitLab, and the customer authorizes Docker Up to act on his behalf towards GitHub Inc./GitLab Inc. The customer is solely liable for any costs or damages that GitHub Inc./GitLab Inc. associates with the GitHub Sign-In/GitLab Sign-In.
Docker Up provides an online, automated dockerfile dependency management service. It is integrated with GitHub and GitLab.
To perform its automated dependency management service, Docker Up will access the customer's GitHub/GitLab account on the customer's behalf. Docker Up will download the files required to check and update the dependencies on a GitHub/GitLab repository specified by the customer, and will create new commits containing the updated files. Docker Up will never store details of the customer's code, except as required to make the aforementioned updates, and new commits will only ever be pushed to branches namespaced for use by Docker Up. As such, Docker Up will never make updates directly to your master or default branches.
No consultancy, training, trouble shooting or support is within the scope of the services offered by Docker Up under this Agreement.
Using Docker Up requires the opening of an Account at https://dockerup.net by using the customer’s GitHub Sign-In/GitLab Sign-In. Docker Up will conclude Agreements on the use of Docker Up only with GitHub/GitLab users.
The opening of an Account by the customer is deemed an offer to conclude this agreement. Docker Up may at its own discretion accept this offer by explicitly accepting it or rendering services under this agreement.
An Account may only be used by one single person. The customer is entitled to create separate Accounts for his employees.
The person opening the account represents that he/she has got the legal authority to bind the legal entity he/she acts for to this Agreement and may in knowledge of this agreement provide the GitHub Sign-Ins/GitLab Sign-Ins to Docker Up.
In connection with the registration the customer is obliged to
If you choose a paid plan, you agree to pay us fees. Details of those fees are set out in the pricing section at https://dockerup.net/pricing. We collect the fees through a third-party payment processor, Stripe (https://stripe.com). Your confidential credit card details never touch our servers. This process is fully handled by Stripe.
You must not interfere or intend to interfere in any manner with the functionality or proper working of Docker Up.
You will indemnify and hold harmless Docker Up, its officers and directors, employees and agents from any and all third party claims, damages, costs and (including reasonable attorneys fees) arising out of your use of Docker Up in a manner not authorized by this Agreement, and/or applicable law.
Docker Up undertakes that the service will be performed substantially in accordance with the service specification and with reasonable skill and care. In the event that the services do not conform with such warranty, Docker Up will use all reasonable commercial endeavours to correct such non-performance or provide the customer with an alternative means of accomplishing the desired performance.
Defects in the supplied Software shall be remediated within a reasonable time following a detailed notification of such defect being given to Docker Up by the customer.
Docker Up warrants that the software is free from viruses and defects, and does not contain any malicious code. Docker Up further warrants that the customer's use of the service/software will not infringe the intellectual property rights of a third party.
Docker Up warrants that it will comply with all applicable laws, statutes, regulations and codes from time to time in force.
Adjustments, changes and updates of Docker Up that help to avoid or maintain dysfunctions of the software may lead to temporary service suspensions. Docker Up will try to limit downtime of the service or restrictions of accessibility to 10 hours a month.
The customer is aware that the service relies on a working internet infrastructure. Additional downtime of the service can occur, if the website is not available and at any other time with restrictive access to the internet.
The customer is aware that Docker Up does not work if GitHub or GitLab is not properly available (be it to Docker Up or the customer).
The customer is granted a limited, non-exclusive, non-transferable, non-sublicenseable right to use Docker Up as software as a service via the internet.
The customer is not granted any additional right to the Software or any other intellectual property of Docker Up. This especially means that the customer shall not be entitled to make copies of the Software. The customer shall not translate the program code into other forms of code (decompilation) or employ other methods aimed at revealing the Software’s code in the various stages of its development (reverse engineering).
The customer is not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the Software.
To the maximum extent permitted by applicable law, Docker Up and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages including, without limitation, loss of profits, data, use, good will or other intangible losses resulting from your access to and use of (or inability to access and use) the service.
In no event shall Docker Up's total liability to you for any damages resulting from any claim or series of related claims exceed the amount paid by you for the service within the 12 months preceding any claim or series of claims.
Likewise, in no event shall your total liability to Docker Up for any damages exceed the amount paid by you for the service within the 12 months preceding any claim or series of claims.
Docker Up will indemnify, defend and hold harmless the customer, its affiliates and its and their officers, directors, employees, agents and subcontractors (“Indemnitees”) against all claims, demands, suits, liabilities, costs, expenses (including reasonable legal fees), damages and losses suffered or incurred by the Indemnitees arising out of or in connection with Docker Up’s negligent performance or non-performance of this agreement, or any actual or alleged infringement of a third party’s intellectual property rights arising out of the customer’s use of the service supplied by Docker Up or the Software.
Each party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party which may have or may in future come to its knowledge and each of the parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.
Docker Up stores Account Data, GitHub Sign-Ins/GitLab Sign-Ins and user information about the customer. This data may be shared with third parties if those are assigned by Docker Up to handle internal processes.
Docker Up uses web tracking to store and analyze the customer’s interacting with the Website. The customer agrees to this form of monitoring, tracking and storage. Docker Up may also store monitoring and statistical data about the customer’s usage of Docker Up and GitHub and information about the dependencies updated. These data may be – anonymized – published by Docker Up to the public.
Docker Up may inform the public about the customer using Docker Up and Docker Up’s services including a rough description of the usage for marketing and public relation purposes. The customer agrees to appear in Docker Up's reference lists including any name, trademark or logo of the customer. This includes, but is not limited to, descriptions on the Website, any other Docker Up websites, presentations, presentation material, and press announcements.
The Agreement runs for an indefinite time and will remain in effect until terminated by one of Parties in accordance with this section.
The Parties may terminate this Agreement for any or no reason at their convenience at any time. Termination may be issued in writing or by using the provided account closing mechanism, if provided by Docker Up.
No notice period is required for either party to terminate this Agreement.
Our relationship with you is governed by Austrian law and the Austrian courts shall have exclusive jurisdiction over any disputes relating or connected to it.
Should you have any concerns or complaints about the service we provide, please contact us in the first instance using any of the methods set out on the Docker Up website. We will work with you in order to understand your issue and work towards a swift resolution.
Any notice or other communication required to be given to a party under or in connection with this contract shall be sent by e-mail to the email-address registered by you with GitHub, or to any updated email-address you provide.
Notices to Docker Up must be directed to [email protected].
This agreement, together with any documents referred to in it, or expressed to be entered into in connection with it, constitutes the whole agreement between the Parties concerning the subject matter of this Agreement.
The customer may set off only legally, binding and recognized claims. The rightsand obligations arising from this Agreement are generally not transferable. However Docker Up may transfer this Agreement with all rights and obligations to a company of its choice.
If any provision of this agreement is or later becomes invalid, or contains omissions, the validity of the other provisions shall remain unaffected. The parties shall agree upon a new provision, which shall resemble the invalid provision as closely as possible in purpose and meaning considering the interests of the parties and the legal regulations, to replace the invalid provision. In the event of an omission in the agreement, a provision shall be agreed upon which shall correspond with that which would have been agreed, pursuant to the purpose and meaning of the agreement, if the matter had been considered by the parties when the agreement was formed.
These General Terms and Conditions may be modified by Docker Up at any time.
