CouchDB monitoring & analytics

Terms of Service

1. Validity of these Terms and Conditions

These terms and conditions apply to all business relations between users and The Neighbourhoodie Software GmbH (referred to hereafter as Neighbourhoodie) that concern the provision of the service Opservatory. The relevant version of this document is the most recent one available at the beginning of each user’s contract.

Any divergent terms and conditions on the side of the user are irrelevant unless Neighbourhoodie explicitly approves them in writing. By signing up for an account on opservatory.app, the user agrees to these terms and conditions.

2. Services provided by Neighbourhoodie

(1) With Opservatory, Neighbourhoodie offers a service that helps monitoring the status of the user’s CouchDB database(s).

(2) Opservatory is a service made available over the internet. The internet access, which is needed in order to use Opservatory, is not the object of Neighbourhoodie’s services.

(3) Neighbourhoodie reserves the right to improve and expand the service at any time. No claim exists to the offering of additional functionalities for the services described in Paragraph 1.

3. Contractual relationship

(1) Users can evaluate Opservatory with a limited set of diagnostics for 14 days. This allows the evaluation of all functional aspects of the service (including invitations of additional users, muting of issues, notifications, use with multiple databases/clusters etc.), but is limited in content; only a subset of database issues will be visible in the trial.

(2) For use of Opservatory, signing up for an account with a functioning email address is necessary.

(3) When the user completes their signup for opservatory.app by entering and confirming their payment details on https://opservatory.app, a paid contract is established. Prices are as follows:

Prices are excluding VAT, which is added for EU customers. Payment is detailed in section 6 of this document.

(4) The contract has no fixed termination date and can be canceled according to the terms in section 7 of this document.

Revocation policy

(1) You can revoke your subscription without giving any reason by sending us an informal written cancellation within 14 days of signing up for a paid plan. After this period of 14 days the right to revoke without giving any reason expires.

You have the right of revocation of the contract within 30 days without the need to state any reasons.

To use your right of revocation of the contract you need to send an explicit, informal notice of revocation (i.e. a letter or an email) about your choice to revoke the contract to

  • The Neighbourhoodie Software GmbH
  • Lausitzer Straße 10
  • 10999 Berlin
  • Germany

It is sufficient to send out the declaration of the revocation within the revocation period for it to be valid.

(2) In case of your revocation of this contract within 14 days we will reimburse you for all payments immediately, at the latest within 14 days from the day we receive your notice of revocation of this contract. We will use the same payment method for the reimbursement as you used for the initial payment, unless otherwise explicitly agreed; you won’t be charged for the reimbursement.

6. Payment / Invoice

(1) The monthly fee for using Opservatory is due at the end of each billing month. A monthly invoice in PDF format will be provided to the user.

(2) All payments are transacted via the online payment service stripe.com. Their Terms of Service also apply.

(3) The subscription cost depends on the number of nodes users have in their Opservatory setup.

7. End of Service / Cancellation

(1) The user can cancel the contract for using Opservatory at any time at the end of the current month. They can do so by going to the “Subscription” menu item on https://opservatory.app and clicking the “Cancel Subscription”-button. Should this not be available to the user, they can send a cancellation notice via postal mail or email to Neighbourhoodie:

  • The Neighbourhoodie Software GmbH
  • Lausitzer Straße 10
  • 10999 Berlin
  • Germany

(2) Neighbourhoodie has the right to cancel the contract with the user with prior notice of three months, without citing any reasons, towards the end of the running month.

(3) Should the user default their monthly payment for more than four weeks, Neighbourhoodie reserves the right to lock the user’s account.

(4) Should the user not pay their monthly payment for more than eight weeks, Neighbourhoodie reserves the right to cancel the contract at the end of the running month. Neighbourhoodie remains entitled to payment of the outstanding fees.

(5) In case of abuse (see section 8.3) of Opservatory that leads to significant inhibition of the service of Neighbourhoodie towards third parties, Neighbourhoodie reserves the right to immediately cancel this contract for exceptional reasons.

(6) A possible exceptional right to cancellation by the user or Neighbourhoodie remains unaffected.

8. User Duties

(1) The user is obliged to truthfully provide information about his payment data (including the billing address) when the account is created or modified.

(2) The user shall keep the login-data for their Opservatory account from unauthorised third parties.

(3) The user is forbidden to abuse the services from Neighbourhoodie, particularly Opservatory. Abuse is especially defined as:

(4) Neighbourhoodie has the right to delete user content that is illegal and/or abusive immediately.

9. Usage Rights

(1) Neighbourhoodie grants every user a non-exclusive, non-transferable, spatially unlimited, but limited to the contract term, right to use Opservatory for the duration of this contract for their own purposes. This usage right is non-transferrable.

(2) Opservatory is a web service that is accessed via servers owned by Neighbourhoodie. The software is not ceded to the user.

(3) Should there be any new versions, updates, upgrades or other changes on Opservatory during the duration of this contract, these terms continue to apply.

(4) The rights granted according to sec. 9.1 covers all CouchDB, CouchDB-like and CouchDB-derivative installations set up for the user’s very own purposes. All and any installations set up for third parties or separate business units require further rights to be granted, this includes offering public or private hosting for CouchDB, CouchDB-like or CouchDB-derivative services.

10. Availability of Services

(1) Due to the nature of the services, Neighbourhoodie can not guarantee 100% unrestricted availability (as per 2.2). The availability of the servers is guaranteed to be 99.5% in the year-average. Neighbourhoodie is not responsible for limitations of their services due to internet connection issues. Neighbourhoodie only guarantees the availability of the service up to their local internet end-point.

(2) Neighbourhoodie makes use of multiple API providers. Neighbourhoodie is not responsible for limitations and availability of these API providers, even if the API service inhibits the user’s service.

11. Limitation of Liability

(1) Neighbourhoodie is, without limit, liable for acts of gross negligence that lead to damages in the conjunction with the use of any contractually agreed services.

(2) Within acts of slight negligence, Neighbourhoodie is liable in case of loss of life, damage of body or health without limit.

(3) Neighbourhoodie is not liable for free services that go beyond the liability in section 1 and section 2.

(4) In addition, Neighbourhoodie is only liable in conjunction with paid services if it violates essential contractual obligations. Essential contractual obligations are abstractly defined as the obligations that make it possible to exercise a contract in the first place and of which a user can usually rely on. In these cases, the liability is limited to the usually occurring damage.

(5) The limited liability outlined in the previous clauses includes any agents of the service provider.

(6) The liability according to the German Produkthaftungsgesetz and other mandatory legal regulation remains unaffected.

12. Data Protection

(1) The use of Opservatory incurs the collection, processing and use of minimal personal data. Neighbourhoodie processes only personal data from users that is essential for the operation of the service Opservatory, these are mainly contact/notification email addresses and billing addresses. Sharing data with third parties only happens to fulfil this contract and is only done with selected partners.

(2) Personal data is at no time handed to unauthorised third parties. Especially private source code and database content is not shared with third parties ever. The one exception to this is cluster and database names, which may appear in notifications transmitted via third-party services such as email or Slack. For example: If your database names contain user information (such as in a database-per-user model where email addresses are used as database names), these may be transmitted to our service and may then appear in issue notifications in third-party apps like Slack or your email service, if you configure opservatory.app accordingly.

(3) For payment, transmission of personal data to third parties (like payment providers, banks, credit card companies) is strictly required. We only submit the data that is required to fulfil the payment transactions.

(4) At the end of the contract, all personal data is deleted unless data retention is required by law. In this case, data is locked.

(5) More information about data protection, how data is collected and used is available in our Privacy Policy at http://opservatory.app/privacy-policy.

13. Changes to these Terms of Service

(1) Neighbourhoodie reserves the right to change these Terms of Service, to e.g. update them to reflect new legal regulations, or to introduce new services.

(2) The user will be notified about the changes via email. The email will highlight the changes to the respective regulations in the Terms of Service. The changes become effective if the user does not object to the changes within six weeks after receipt of changes. The user will be notified specifically via email about the possibility of objection and the corresponding deadline.

(3) Should the user object to the changes to the Terms of Service, Neighbourhoodie has the right to cancel the contract at the end of the current month.

14. Closing Provisions

(1) Exclusively, the law of the Federal Republic of Germany applies. UN Convention on Contracts for the International Sale of Goods is excluded.

(2) If the user is a merchant, juristic person or corporate body under public law or a special fund under public law, the place of jurisdiction is the place of business of Neighbourhoodie for any disputes relating out of this contract.

(3) In the event that any provision in this agreement is or becomes invalid or unenforceable or is incomplete the validity of the remainder of this agreement shall not be affected.