Sourcevoid Terms and Policies

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Sourcevoid Terms of Service

This Sourcevoid Cloud Platform License Agreement (the “Agreement”) is made and entered into by and between Sourcevoid and the entity agreeing to these terms (“Customer”). “Sourcevoid” means DartVoid AB, with offices at Västra kyrkogatan 1, 903 29 Umeå, Sweden.

This Agreement is effective as of the date Customer clicks to accept the Agreement (the “Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer’s access to and use of the Service. For an offline variant of this Agreement, you may contact Sourcevoid for more information.

1. Provision of the Services.

1.1. Services Use. Subject to this Agreement, during the Term, Customer may: (a) use the Services, (b) integrate the Services into any Application that has material value independent of the Services, and (c) use any Software provided by Sourcevoid as part of the Services. Customer may not sublicense or transfer these rights except as permitted under the Assignment section of the Agreement.

1.2. Console. Sourcevoid will provide the Services to Customer. As part of receiving the Services, Customer will have access to the Admin Console, through which Customer may administer the Services.

1.3. Facilities. All facilities used to store and process an Application and Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Sourcevoid processes and stores its own information of a similar type. Sourcevoid has implemented at least industry standard systems and procedures to (i) ensure the security and confidentiality of an Application and Customer Data, (ii) protect against anticipated threats or hazards to the security or integrity of an Application and Customer Data, and (iii) protect against unauthorized access to or use of an Application and Customer Data.

1.4. Data Location. Sourcevoid may process and store the Customer Data anywhere Sourcevoid or its agents maintain facilities. By using the Services, Customer consents to this processing and storage of Customer Data. Under this Agreement, Sourcevoid is merely a data processor.

1.5. Accounts. Customer must have an Account and a Token (if applicable) to use the Services, and is responsible for the information it provides to create the Account, the security of the Token and its passwords for the Account, and for any use of its Account and the Token. If Customer becomes aware of any unauthorized use of its password, its Account or the Token, Customer will notify Sourcevoid as promptly as possible. Sourcevoid has no obligation to provide Customer multiple Tokens or Accounts.

1.6. New Applications and Services. Sourcevoid may: (i) make new applications, tools, features or functionality available from time to time through the Services and (ii) add new services to the “Services” definition from time to time (by adding them at the URL set forth under that definition), the use of which may be contingent upon Customer’s agreement to additional terms.

1.7. Modifications.

2. Payment Terms.

2.1 Free Trial. Certain Services are provided to Customer without charge up to the Credit Threshold, as applicable.

2.2 Online Billing. At the end of the applicable Fee Accrual Period, Sourcevoid will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (i) Customer’s use of the Services during the previous Fee Accrual Period (including, if any, the relevant Fee for TSS set forth in the Fees definition below); (ii) any Reserved Units selected; (iii) any Committed Purchases selected; and/or (iv) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. Customer will pay all Fees in accordance with the payment terms applicable to the Fees. Sourcevoid’s measurement of Customer’s use of the Services is final. Sourcevoid has no obligation to provide multiple bills.

2.3 Taxes. Customer is responsible for any Taxes, and Customer will pay Sourcevoid for the Services without any reduction for Taxes. If Sourcevoid is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Sourcevoid with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Sourcevoid, Customer must provide Sourcevoid with an official tax receipt or other appropriate documentation to support such withholding.

2.4.Invoice Disputes & Refunds. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Sourcevoid and will only be in the form of credit for the Services. Nothing in this Agreement obligates Sourcevoid to extend credit to any party.

2.5 Delinquent Payments. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Sourcevoid reserves the right to suspend Customer’s Account, for any late payments.

3. Customer Obligations.

3.1 Compliance. Customer is solely responsible for its Applications, Pools, and Customer Data and for making sure its Applications, Pools, and Customer Data comply with the AUP. Sourcevoid reserves the right to review the Application, Pool, and Customer Data for compliance with the AUP. Customer is responsible for ensuring all Customer End Users comply with Customer’s obligations under the AUP, the Service Specific Terms if any, and the restrictions in Sections 3.3 and 3.5 below.

3.2 Privacy. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement.

3.3 Restrictions. Customer will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section 3.4 below and except to the extent such restriction is expressly prohibited by applicable law); (b) use the Services for High Risk Activities; (c) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; (d) create multiple Applications, Accounts, or Pools to simulate or act as a single Application, Account, or Pool (respectively) or otherwise access the Services in a manner intended to avoid incurring Fees; (e) unless otherwise set forth in the Service Specific Terms if any, use the Services to operate or enable any telecommunications service or in connection with any Application that allows Customer End Users to place calls or to receive calls from any public switched telephone network; or (f) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State. Unless otherwise specified in writing by Sourcevoid, Sourcevoid does not intend uses of the Services to create obligations under HIPAA, and makes no representations that the Services satisfy HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as defined in HIPAA, Customer will not use the Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless Customer has received prior written consent to such use from Sourcevoid.

3.4 Third Party Components. Third party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer’s use of that third party component.

3.5 Documentation. Sourcevoid may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Applications may be built or the Services may be used and Customer will comply with any such restrictions specified.

3.6 DMCA Policy. Sourcevoid policy is to help copyright holders manage their intellectual property online, but Sourcevoid cannot determine whether something is being used legally or not without their input. Sourcevoid responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Sourcevoid, contact us via one of our available email addresses.

4. Suspension and Removals.

4.1 Suspension/Removals. If Customer becomes aware that any Application, Pool, or Customer Data violates the AUP, Customer will immediately suspend the Application or Pool and/or remove the relevant Customer Data (as applicable). If Customer fails to suspend or remove as noted in the prior sentence, Sourcevoid may specifically request that Customer do so. If Customer fails to comply with Sourcevoid’s request to do so within twenty-four hours, then Sourcevoid may disable the Pool or Application, and/or disable the Account (as may be applicable) until such violation is corrected.

4.2 Emergency Security Issues. Despite the foregoing, if there is an Emergency Security Issue, then Sourcevoid may automatically suspend the offending Application, Pool, and/or Account. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or resolve the Emergency Security Issue. If Sourcevoid suspends an Application, Pool, or the Account, for any reason, without prior notice to Customer, at Customer’s request, Sourcevoid will provide Customer the reason for the suspension as soon as is reasonably possible.

5. Intellectual Property Rights; Use of Customer Data; Feedback.

5.1 Intellectual Property Rights. Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and the Application or Pool (if applicable), and Sourcevoid owns all Intellectual Property Rights in the Services and Software.

5.2 Use of Customer Data. Sourcevoid will not access or use Customer Data, except as necessary to provide the Services to Customer.

5.3 Customer Feedback. If Customer provides Sourcevoid Feedback about the Services, then Sourcevoid may use that information without obligation to Customer, and Customer hereby irrevocably assigns to Sourcevoid all right, title, and interest in that Feedback.

6. Technical Support Services

6.1 By Customer. Customer is responsible for technical support of its Applications and Pools.

6.2 By Sourcevoid. Subject to payment of applicable support Fees, Sourcevoid will provide TSS to Customer during the Term in accordance with the TSS Guidelines. Certain TSS levels include a minimum recurring Fee as described at Sourcevoid’s online pricing page. If Customer downgrades its TSS level during any calendar month, Sourcevoid may continue to provide TSS at the same level and TSS Fees before the downgrade for the remainder of that month.

7. Deprecation of Services

7.1 Discontinuance of Services. Subject to Section 7.2, Sourcevoid may discontinue any Services or any portion or feature for any reason at any time without liability to Customer.

7.2. Deprecation Policy. Sourcevoid will announce if it intends to discontinue or make backwards incompatible changes to the Services. Sourcevoid will use commercially reasonable efforts to continue to operate those Services versions and features without these changes for at least one year after that announcement, unless (as Sourcevoid determines in its reasonable good faith judgment):

The above policy is the “Deprecation Policy.”

8. Confidential Information.

8.1. Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.

8.2. Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could: (a) result in a violation of Legal Process; (b) obstruct a governmental investigation; and/or (c) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services.

9. Term and Termination.

9.1. Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set forth in Section 9 of this Agreement.

9.2. Termination for Breach. Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, Sourcevoid may terminate any, all, or any portion of the Services or Pools, if Customer meets any of the conditions in Section 9.2(i), (ii), and/or (iii).

9.3. Termination for Inactivity. Sourcevoid reserves the right to terminate the Services for inactivity, if, for a period exceeding 180 days, Customer: (a) has failed to access the Admin Console; (b) a Pool has no active containers or storage resources or an Application has not served any requests; and (c) no electronic bills are being generated.

9.4. Termination for Convenience. Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Sourcevoid may terminate this Agreement for its convenience at any time without liability to Customer.

9.5. Effect of Termination. If the Agreement is terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) all Fees owed by Customer to Sourcevoid are immediately due upon receipt of the final electronic bill; (iii) Customer will delete the Software, any Application, Environment, Container, Pool, and any Customer Data; and (iv) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.

10. Publicity.

Customer is permitted to state publicly that it is a customer of the Services. If Customer wants to display Sourcevoid Brand Features in connection with its use of the Services, Customer must obtain written permission from Sourcevoid. Sourcevoid may include Customer’s name or Brand Features in a list of Sourcevoid customers, online or in promotional materials. Sourcevoid may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.

11. Representations and Warranties.

Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable. Sourcevoid warrants that it will provide the Services in accordance with the applicable SLA (if any).

12. Disclaimer.

EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOURCEVOID AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. SOURCEVOID AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CUSTOMER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS APPLICATION, PROJECT, AND CUSTOMER DATA. NEITHER SOURCEVOID NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICES ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.

13. Limitation of Liability.

13.1. Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR SOURCEVOID’S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.

13.2. Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR SOURCEVOID’S SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO SOURCEVOID UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

13.3. Exceptions to Limitations. These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer’s payment obligations.

14. Indemnification.

14.1. By Customer. Unless prohibited by applicable law, Customer will defend and indemnify Sourcevoid and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any Application, Pool, Container, Customer Data or Customer Brand Features; or (ii) Customer’s, or Customer End Users’, use of the Services in violation of the AUP.

14.2. By Sourcevoid. Sourcevoid will defend and indemnify Customer and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of (a) Sourcevoid’s technology used to provide the Services (excluding any open source software) or (b) any Sourcevoid Brand Feature infringes or misappropriates the third party’s patent, copyright, trade secret, or trademark.

14.3. Exclusions. This Section 14 will not apply to the extent the underlying Allegation arises from:

  1. the indemnified party’s breach of this Agreement;
  2. modifications to the indemnifying party’s technology or Brand Features by anyone other than the indemnifying party;
  3. combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party; or
  4. use of non-current or unsupported versions of the Services or Brand Features;

14.4. Conditions. Sections 14.1 and 14.2 will apply only to the extent:

  1. The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 14.4(1) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 14.1 or 14.2 (as applicable) will be reduced in proportion to the prejudice.
  2. The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

14.5. Remedies.

  1. If Sourcevoid reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Sourcevoid may, at its sole option and expense: (a) procure the right for Customer to continue using the Services; (b) modify the Services to make them non-infringing without materially reducing their functionality; or (c) replace the Services with a non-infringing, functionally equivalent alternative.
  2. If Sourcevoid does not believe the remedies in Section 14.5(1) are commercially reasonable, then Sourcevoid may suspend or terminate Customer’s use of the impacted Services.

14.6. Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 14 states the parties’ only rights and obligations under this Agreement for any third party’s Intellectual Property Rights Allegations and Third-Party Legal Proceedings.

15. U.S. Federal Agency Users.

The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.

16. Miscellaneous.

16.1. Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Sourcevoid’s Legal Department is contact@sourcevoid.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).

16.2. Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.

16.3. Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within thirty days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and thirty days after it receives that written notice.

16.4. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

16.5. No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.

16.6. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.

16.7. Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

16.8. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.

16.9. Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.

16.10. Swedish Governing Law.

ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY SWEDISH LAW, AND WILL BE LITIGATED EXCLUSIVELY IN SWEDISH COURTS; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

16.11. Amendments. Except as set forth in Section 1.7, any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.

16.12. Survival. The following Sections will survive expiration or termination of this Agreement: 5, 8, 9.5, 13, 14, and 16.

16.13. Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Sourcevoid may provide an updated URL in place of any URL in this Agreement.

16.14. Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.

16.15. Definitions.


This document is an adaptation of the Google Cloud Platform Terms of Service. The original work has been modified. Google, Inc. is not connected with and does not sponsor or endorse Sourcevoid or its use of the work.





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