Terms of Service

§ 1 Scope and service description

Deplyd is a web-based SaaS platform for creating, managing and publishing changelogs and release notes. The platform offers an embeddable widget, a REST API, email notifications to subscribers, webhooks and analytics features.

The scope of features depends on the selected plan (see § 4). The Operator reserves the right to further develop and modify the scope of features, provided this is reasonable for the User.

§ 2 Registration and user account

The use of Deplyd requires registration with a valid email address and the choice of a personal password. Alternatively, registration via GitHub OAuth is possible. Registration is available to adults with full legal capacity, as well as legal entities and partnerships.

The data requested during registration must be provided completely and truthfully. The personal password must be kept confidential and must not be shared with third parties. The User is responsible for all activities carried out through their account.

The Operator is entitled to delete incompletely registered accounts as well as accounts that have been inactive for more than two years, after prior notification by email.

There is no entitlement to registration. The Operator may refuse registration without giving reasons.

§ 3 User obligations

The User undertakes to use the platform only within the framework of applicable laws and these terms of service. In particular, the following is prohibited:

• Uploading content that violates legal provisions, third-party rights or public decency
• Impairing the functions of the platform in any way or introducing malicious software
• Using automated processes (scrapers, crawlers, bots) beyond the provided API
• Copying platform content or using it for other purposes without the Operator's consent
• Collecting information about other users or using it without their consent

The User is responsible for the content of their changelog entries and must ensure that no third-party rights (in particular copyrights) are infringed.

§ 4 Plans and payment terms

Deplyd offers the following plans:

All prices are in euros and include the applicable statutory value-added tax. Payment is processed through the payment service provider Stripe. Subscribing to a paid plan constitutes a subscription agreement.

Subscriptions are automatically renewed for the selected period (month or year) unless cancelled before the end of the current period. Cancellation is possible at any time via the account settings or by email to [email protected] and takes effect at the end of the current billing period.

When downgrading to the Free plan, data is retained. Features available only in the higher plan are locked until the next upgrade.

The Operator reserves the right to adjust prices with 30 days' notice by email. Existing subscriptions are not affected by the new price until the end of the current billing period.

§ 5 Right of withdrawal for consumers

Consumers within the meaning of § 13 BGB (German Civil Code) have the right to withdraw from the contract for a paid plan within 14 days without giving reasons. The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise the right of withdrawal, the User must inform the Operator (Zerocom GmbH, Nelkenstrasse 9, 52134 Herzogenrath, email: [email protected]) of the decision to withdraw from the contract by means of a clear statement (e.g. by email or post).

To comply with the withdrawal period, it is sufficient that the notice is sent before the expiry of the period.

Consequences of withdrawal: In the event of an effective withdrawal, all payments received will be refunded without undue delay and no later than 14 days from receipt of the withdrawal notice. The refund will be made using the same payment method used in the original transaction.

If the User has requested that the service begins during the withdrawal period, a reasonable amount shall be paid for the services provided up to the point of withdrawal.

Special note: The right of withdrawal expires prematurely if the Operator has fully performed the service and the User has expressly consented to the commencement of performance and acknowledged the loss of the right of withdrawal.

§ 6 Content and usage rights

The User retains all rights to the content they upload (changelog entries, texts, data). The Operator receives a simple, non-exclusive licence limited to the contract term, insofar as this is necessary for the provision of the service (e.g. storage, display, API provision, widget rendering, backup).

Any use beyond this, in particular for advertising purposes, does not take place without the User's express consent.

The User is responsible for the content of their data. The Operator is not obliged to check the uploaded content for accuracy or completeness.

§ 7 Availability and data backup

The Operator endeavours to ensure the highest possible availability of the platform. There is no entitlement to uninterrupted availability. Maintenance work, disruptions or force majeure may lead to temporary restrictions.

The Operator performs regular data backups. Nevertheless, the User is advised to additionally back up important data. No guarantee against data loss is provided.

§ 8 Suspension and termination by the Operator

In the event of a breach of these terms of service, legal provisions or third-party rights, the Operator is entitled to temporarily suspend or terminate the user account without notice and to delete content.

The Operator may terminate the usage agreement with 30 days' notice by email. In the event of ordinary termination by the Operator, amounts already paid for unused periods will be refunded on a pro-rata basis.

§ 9 Termination by the User and data deletion

The User may terminate the usage agreement at any time without notice. Termination can be made via the account settings or by email to [email protected].

Upon cancellation of a paid plan, the subscription remains active until the end of the current billing period. No refund of amounts already paid for the current period will be made unless a withdrawal pursuant to § 5 applies.

After deletion of the account, all personal data will be irrevocably removed in accordance with Art. 17 GDPR, unless statutory retention obligations apply.

§ 10 Limitation of liability

The Operator is liable without limitation for damages arising from injury to life, body or health, as well as in cases of intent and gross negligence.

In the event of a breach of material contractual obligations (cardinal obligations), the Operator is also liable for slight negligence, but limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.

Any liability beyond this is excluded, unless mandatory statutory provisions apply. This applies in particular to indirect damages and lost profits.

The Operator is not liable for the accuracy, completeness or timeliness of the data entered by the User.

§ 11 Indemnification

The User shall indemnify the Operator against all claims that third parties assert against the Operator due to an infringement of their rights by content uploaded by the User or through the use of the platform. The User shall bear the costs of the necessary legal defence, including court and legal fees. This indemnification does not apply insofar as the infringement is not attributable to the User.

§ 12 Data protection

The processing of personal data is governed by our Privacy Policy.

§ 13 Amendments to the terms of service

The Operator reserves the right to amend these terms of service with effect for the future. Registered users will be informed of material changes by email at least 30 days before they take effect. If the User does not object to the changes within 30 days of receipt of the notification, the amended terms of service shall be deemed accepted. The right to object and its consequences will be specifically noted in the notification.

§ 14 Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/odr

The Operator is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies. For consumers within the meaning of § 13 BGB (German Civil Code), the consumer protection provisions of the state in which the consumer has their habitual residence shall apply if they are more favourable.

Even if the platform is used in other languages, these terms of service and German law shall apply.

For commercial users, Aachen shall be the place of jurisdiction.

§ 16 Severability Clause

Should individual provisions of these terms of service be or become invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by provisions that most closely reflect the economic purpose of the invalid provision.