Opservatory

CouchDB monitoring & analytics

Terms of Service

1. Validity of these Terms and Conditions

Basically, when you sign up for an account on opservatory.app, we have to agree on some ground rules

These terms and conditions apply to all business relations between users and The Neighbourhoodie Software GmbH (referred to hereafter as Neighbourhoodie) that concern the service opservatory.app. The relevant version of this document is the most recent one available at the beginning of each user’s contract. The additional short explanation texts at the beginning of each section are only included for clarity and are not legally part of these terms and conditions. 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

Basically, opservatory.app is comprised of two software tools, one which runs on the customers’ hardware and collects analytics information about their CouchDB database(s) (referred to hereafter as the agent), and the Opservatory website, which evaluates and archives the payloads delivered by the agent, makes them available to the customers and sends optional notifications to the customers (referred to hereafter as Opservatory). Both of these tools will be continually developed and improved.

(1) with opservatory.app, Neighbourhoodie offers a service that helps you monitor the status of your CouchDB database(s)

(2) opservatory.app is a service made available over the internet. Neighbourhoodie’s service does not include the internet access itself

(3) Neighbourhoodie reserves the right to continually improve and expand the service. Users are not entitled to any functionality beyond what is described under point 1

3. Contractual relationship

Basically, Opservatory is a paid service with a functionally limited free trial and a no-nonsense money-back guarantee.

(1) Users can evaluate opservatory.app 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 muliple databases/clusters etc.), but is limited in content; only a small subset of database issues will be visible in the trial.

(2) For use of opservatory.app, 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. To remove VAT, users must enter their VAT ID along with their other payment details. 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

Basically, like with any other service, the legal right of cancellation naturally applies to opservatory.app as well. You can revoke your subscription for any reason by sending us an informal written cancallation within 30 days of signing up for a paid plan. You do not need to provide a reason for the cancellation, but it would be appreciated.

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

  • Neighbourhoodie Software GmbH
  • Lausitzer Straße 10
  • 10999 Berlin
  • Deutschland

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

Consequences of the revocation

In case of your revocation of this contract within 30 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.

Exclusion of the right of revocation

In case of a contract for the delivery of digital contents we will begin to execute our contractual obligations, based upon your request, before the end of the revocation period. In such a case you must confirm your request of our early start and acknowledge the expiration of your right of revocation at the time we begin executing the contract.

6. Payment / Invoice

Basically, we charge monthly or yearly, and in advance. Payment happens via stripe.com. There is a PDF invoice for every payment provided by quaderno.io.

(1) The monthly payment for opservatory.app is to be paid in advance for every month. The user receives a PDF invoice for the performed services.

(2) The monthly payment is transacted via the online payment service stripe.com. Their Terms of Service also apply.

7. End of Service / Cancellation

Basically, you can cancel the service at any time. We can cancel your subscription as well — but will only do so if you do any mischief, or if you won’t pay despite multiple reminders.

(1) The user can cancel the contract for using opservatory.app at any time at the end of the current month. They can do so by removing their credit card information from https://opservatory.app. Should this not be available to the user, they can send a cancellation notice via postal mail or email to Neighbourhoodie:

  • Neighbourhoodie Software GmbH
  • Lausitzer Straße 10
  • 10999 Berlin
  • Deutschland

(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 in case of abuse (see 8.3) of opservatory.app 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

Basically, for payments, we need correct payment data. Anything else can be anonymised as you see fit. Please be careful with your payment and account data, and don’t do anything illegal or abusive with opservatory.app.

(1) The user shall provide information that is required for payment (including the correct invoice address, which is required for us to fulfill our VATMOSS location duties for EU customers) and creation or modification of an account truthfully, and to keep it up to date.

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

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

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

h2>9. Additional Terms for API Usage

Basically, independent developers are exactly that: independent. We are not responsible for their add-ons or other applications, even if they use our API.

(1) Should Neighbourhoodie offer their users optional access to their data via an API (Application Programming Interface), then the following terms apply.

(2) Should a third party service be allowed to access the API on behalf of the user, it is required to enter the login data on the third party service.

(3) Neighbourhoodie is not responsible for the services or the usage of services of third parties which use the opservatory.app API to access user data or account data.

9. Usage Rights

Basically, from a copyright point of view, opservatory.app remains our tool. But of course we give you any usage rights that are required to make use of opservatory.app. We’re allowed to let people know you’re using opservatory.app, and we can use your company, organisation or project name and logo for promotional purposes unless you explicitly opt out. You are allowed to use opervatory.app for any and all CouchDB instances under your purview, unless you are hosting CouchDB instances for third parties or offer public CouchDB hosting. If that is the case, just get in touch and we can work something out.

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

(2) opservatory.app 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.app during the duration of this contract, these terms continue to apply:

(4) Users may use opservatory.app for all CouchDB, CouchDB-like, and CouchDB-derivative installations set up for their own use. This excludes anyone who operates one or more CouchDB instances for third parties, including offering public or private CouchDB, CouchDB-like, or CouchDB-derivative services that work with opservatory.app.

(5) The user grants Neighbourhoodie a non-exclusive, transferable, spatially unlimited and unlimited in time, right to use their (brand) name and logo for promotional purposes for the opservatory.app service. This explicitly includes the right to use the user’s company or brand name and logo on the opservatory.app website, for example in a list of references. Users are free to retract this right at any time by sending an informal notice to Neighbourhoodie:

  • Neighbourhoodie Software GmbH
  • Lausitzer Straße 10
  • 10999 Berlin
  • Deutschland

10. Availability of Services

Basically, we can’t technically promise 100% uptime (nobody can), but we are doing our best!

Due to the nature of the services, Neighbourhoodie can not guarantee 100% unrestricted availability (as per 2.1.). 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.

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

Basically, we are responsible for opservatory.app within the general 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 damage of life, 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

Basically, your data is your data. We thank you for your trust in us. We will never violate this trust.

(1) The use of opservatory.app 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.app, 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.html

13. Changes to these Terms of Service

Basically, should anything change, we’ll let you know

(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

Basically, that’s it! If there is any problem, please talk to us. We are sure we’ll find a fair solution. Thank you!

(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.