Bramblecloud works with certified third-party providers to collect and store your payment information. Bramblecloud does not capture or retain any payment details on its servers.
All collection, processing and use of personalized data by Bramblecloud is in accordance with the laws of the Federal Republic of Germany, in particular the Federal Data Protection Act (Bundesdatenschutzgesetz) and the Telemedia Act (Telemediengesetz) as well as the data protection regulations of the European Union.
Bramblecloud is using your personal data exclusively for enabling you to use Bramblecloud’s services. This means, personal data is only used to the extent that is necessary and only for the purpose that is approved by you and/or is permissible by law. Bramblecloud will under no circumstances disclose personalized data without authority to third parties for commercial, marketing or any other purposes.
All data is stored exclusively on encrypted and protected servers within the European Union. Access thereto is reserved to a small number of especially authorized persons charged with the technical maintenance of the servers.
If you would like to request information about the extent and content of data collected by us, withdraw your consent to processing your personal data, or request the deletion of your personal data, you may get in contact with us at any time.
In order to use Bramblecloud’s services, you have to establish an account on Bramblecloud’s website which requires a valid e-mail address from you. Before you can start using our services, you also need to provide us with billing information including your name, address, and country of residence.
In addition, Bramblecloud works with certified third-party payment providers to collect and store your payment information. Bramblecloud does not capture or retain any payment details on its servers. Bramblecloud will share your billing information with its payment providers only for the purpose of securing the transactions linked to your bills. We insist that our payment providers also commit themselves to treating all user data in confidence according to the provisions of the law and to delete them immediately when they are no longer needed. Please understand, however, that we cannot comprehensively monitor compliance, so that we do not accept liability for any offences committed by our partners.
Every time a user accesses content on this website data about the respective event is recorded in a log file. We do not evaluate any personal details relating to this data, but we use it for statistical analyses of anonymized data records. This helps us keep our system secure and stable. The data record stored on each retrieval contains the following details: client computer IP address name of the user if logged in, date and time, first line of the request, status of request, bytes transmitted, site from which the user came (referrer), browser used for request (user agent).
Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser.
To find out more about cookies, including how to see what cookies have been set and how to block and delete cookies, please visit http://www.aboutcookies.org/.
You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website:
Disable Google Analytics
Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).
Bramblecloud Customer Agreement
This Agreement contains the terms and conditions that govern your access to and use of Bramblecloud’s Service Offerings (as defined below) and is an agreement between Bramblecloud UG (haftungsbeschränkt) (“Bramblecloud,” “we,” “us,” or “our”) and you or the entity you represent (“you”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any of the Service Offerings (the Effective Date). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 13 for definitions of certain capitalized terms used in this Agreement.
1. Use of the Service Offerings.
1.1 Generally. You may access and use the Service Offerings in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Service Offerings.
1.2 Your Account. To access the Services, you must create a Bramblecloud account associated with a valid e-mail address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 7.
1.3 Third Party Content. Your use of any Third Party Content is at your sole risk.
2. Offered Services.
2.1 Bramblecloud Services. We offer you pre-configured, use-and-pay-by-the-hour cloud computing clusters for the purpose of high-performance computations in the open-source programming language R.
(a) Our Service to You. The clusters are provided to you in such a way that only a minimum amount of work is required on your behalf in order for your R programs to use the cluster’s full computing power. We optimize the clusters for high-performance computing and keep the required software up-to-date. In addition, we provide software that lets you integrate spot instances into your clusters in a robust manner.
(b) Requesting Clusters. You can start, stop, and terminate clusters in a region of your choice from the dashboard after logging in to the Bramblecloud Site.
(c) Regions. Bramblecloud offers you to start your clusters in one of the following locations: USA (Oregon), Europe (Ireland), Asia (Singapore)
(d) Ownership. Bramblecloud does not own the underlying hardware infrastructure of the provided clusters. These are made available by Amazon Web Services, Inc.
2.2 Changes. We may change, discontinue, or deprecate any of the Service Offerings (including the Service Offerings as a whole) or change or remove features or functionality of the Service Offerings from time to time. We will notify you of any material change to or discontinuation of the Service Offerings.
3. Security and Data Privacy.
3.1 Bramblecloud Security. Without limiting Section 10 or your obligations under Section 4.2, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.
4. Your Responsibilities
4.1 Your Content. You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, you are solely responsible for:
(a) the technical operation of Your Content;
(b) compliance of Your Content with all applicable policies and the law;
(c) any claims relating to Your Content; and
(d) backup of Your Content.
4.2 Acceptable Use. Inasmuch as Bramblecloud’s Services are based on services offered by Amazon Web Services, Inc., your use of the Service Offerings is also subject to the AWS Acceptable Use Policy as published at http://aws.amazon.com/aup/.
5. Fees and Payment
5.1. Service Fees. Bramblecloud’s service fees are based on the time you use its Services. There are no fees for keeping an account with Bramblecloud or any other sort of subscription or membership fees.
5.2 Billing. We calculate and bill fees and charges biweekly. We may bill you less frequently for fees accrued if the billable amount is below $10 and we may bill you more frequently if we suspect that your account is fraudulent or at risk of non-payment.
5.3 Prices. You will pay us the applicable fees and charges for use of the Service Offerings as described on the Bramblecloud Site using one of the payment methods we support. We may increase or add new fees and charges for any existing Services by giving you at least 30 days’ advance notice.
5.4 Refunds. We do not provide any refunds for fees accrued for using Bramblecloud’s Service Offerings. To avoid future charges, you can terminate all of your clusters and cancel your account at no charge at any time as described in 7.2(a).
5.5 Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
6. Temporary Suspension
6.1 Generally. We may suspend your right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:
(a) your use of or registration for the Service Offerings (i) poses a security risk to the Service Offerings or any third party, (ii) may subject us, our affiliates, or any third party to liability, or (iii) may be fraudulent;
(b) you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days; or
(c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
6.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:
(a) you remain responsible for all fees and charges you have incurred through the date of suspension;
(b) you remain responsible for any applicable fees and charges for any Service Offerings to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension;
(d) we will not erase any of Your Content as a result of your suspension, except as specified elsewhere in this Agreement.
Our right to suspend your right to access or use the Service Offerings is in addition to our right to terminate this Agreement pursuant to Section 7.2.
7. Term; Termination
7.1. Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 7.2.
(a) Termination for Convenience. You may terminate this Agreement for any reason without prior notice by closing your account, using the account closing mechanism provided on your account’s profile website. Alternatively, you may terminate this Agreement by providing us notice. We may terminate this Agreement for any reason by providing you 30 days advance notice.
(b) Termination for Cause.
(i) By Either Party. Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.
(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause, if any act or omission by you results in a suspension described in Section 6.1, (B) if our relationship with a third party partner who provides software or other technology we use to provide the Service Offerings expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, (c) if we believe providing the Services could create a substantial economic or technical burden or material security risk for us, (D) in order to comply with the law or requests of governmental entities, or (E) if we determine use of the Service Offerings by you or our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason.
7.3. Effect of Termination. Upon any termination of this Agreement:
(a) all your rights under this Agreement immediately terminate;
(b) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination;
(c) Sections 4.1, 5.5, 7.3, 8 (except the license granted to you in Section 8.4), 9, 10, 11, and 13 will continue to apply in accordance with their terms.
7.4 Right of Cancellation up to 14 Days.
(a) In addition to 7.2(a), you can cancel this Agreement within 14 days from the day of its conclusion. You must inform us (via mail or e-mail as stated in our Imprint) of your decision to cancel this Agreement. You may submit your request using this Cancellation Form. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired.
(b) Effects of Cancellation. Section 7.3 fully applies in the case of cancellation. In addition, we will stop any in-process tasks and delete all of Your Content in order to ensure that no further costs accumulate in your account.
(c) Used Services. If you want to use Bramblecloud’s Services within the 14 day period after conclusion of this Agreement, we ask you to accept that we may deliver the Service right away without the possibility of cancellation. Given your acceptance, the right of cancellation does not apply to the Services delivered in that period and you remain responsible for the fees and charges you have incurred.
8. Proprietary Rights
8.1 Your Content. As between you and us, you or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 8, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights.
8.2 Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content; (b) you have all rights in Your Content necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content or your use of the Services Offerings will violate the Acceptable Use Policy.
8.3 Service Offerings License. As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Service Offerings. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement; and (ii) copy and use the Bramblecloud Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.4, you obtain no rights under this Agreement from us or our licensors to the Service Offerings, including any related intellectual property rights. Some Bramblecloud Content may be provided to you under a separate license, such as the Apache Software License or other open source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to that Bramblecloud Content.
THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
10. Limitations of Liability.
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
11. Modifications to the Agreement.
We may modify this Agreement (including any Policies) at any time by posting a revised version on the Bramblecloud Site or by otherwise notifying you in accordance with Section 12.4. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms.
12.1 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
12.2 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
12.3 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Bramblecloud Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Bramblecloud Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact Bramblecloud by registered or certified mail to Bramblecloud UG, Brunnenstr. 41, 10115 Berlin, Germany.
(c) Language. All communications and notices to be made or given pursuant to this Agreement must be in the English or German language.
12.5 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
12.6 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
12.7 Governing Law; Venue. The laws of the Federal Republic of Germany govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute will be adjudicated in any court in Berlin, Germany. You consent to exclusive jurisdiction and venue in those courts. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
12.8 Entire Agreement. This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement.
“Bramblecloud Content” means Content we or any of its affiliates make available in connection with the Services or on the Bramblecloud Site to allow access to and use of the Services, including WSDLs; Documentation; sample code; software libraries; command line tools; and other related technology. Bramblecloud Content does not include the Services.
“Bramblecloud Site” means https://www.bramblecloud.com/ and any successor or related site designated by us.
“Content” means software, data, text, audio, video, images or other content.
“Service” means each of the web services made available by us as described in Section 2.
“Service Offerings” means the Services, the Bramblecloud Content, the Bramblecloud Site, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content.
“Term” means the term of this Agreement described in Section 7.1.
“Third Party Content” means Content made available to you by any third party on the Bramblecloud Site or in conjunction with the Services.
“Your Content” means Content you (a) run on the Services, (b) cause to interface with the Services, or (c) upload to the Services under your account or otherwise transfer, process, use or store in connection with your account.