Lambda Store Terms of Service

Last Update Date: 16 April 2020

These Terms of Service (“AGREEMENT”) are a legal agreement between you or the company you represent, and any of your or their affiliates (“you” or “your”) and Lambda Store (“us,” “we” or “our”) governing your or your company’s access or your use of our services. by accepting this agreement, either through clicking to signify acceptance, setting up a user account or using the services, you agree to be bound by all of the following provisions. you represent and warrant that you have the authority to enter into this agreement on your (and your company’s) behalf. if you do not agree with the agreement, you should not indicate acceptance and may not use the services.

A. Definitions

B. Account Terms

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you upgrade to a paid account.

2. Terms Applicability

The Terms of Service Agreement applies only if you are entering into an agreement with Lambda Store on behalf of an entity, such as a company, non-profit organization, or group or if that does not apply, you individually. To the extent these terms conflict with any other terms you've accepted for use of Lambda Store, these terms will govern with respect to any work you do on Lambda Store on behalf of Customer.

If you are entering into this Agreement on behalf of an entity, you represent that you are authorized to enter into the Agreement and bind the entity to these Terms.

3. Account Requirements

We have a few simple rules for accounts on Lambda Store:

4. User Account Security

You are responsible for keeping your account secure while using Lambda Store. The third party identity providers we integrate with (such as Google, GitHub and Amazon) offer tools such as two-factor authentication to help you maintain your account's security, but the content of your account and its security are up to you.

5. Additional Terms

In some situations, third parties' terms may apply to your use of Lambda Store. For example, you may be a member of a data space or organization on Lambda Store with its own policies; you may download an application that integrates with Lambda Store. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

C. Acceptable Use

Short version: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your and your Users' use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that under no circumstances will you or your Users upload, post, host, or transmit any content that:

3. Conduct Restrictions

While using Lambda Store, you agree that under no circumstances, will you or your Users:

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Lambda Store's express written permission.

5. Privacy

Misuse of Lambda Store Users' Personal Information is prohibited. Any person, entity, or service collecting data from Lambda Store must comply with the Lambda Store Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Lambda Store Privacy Statement). If you collect any Lambda Store User's Personal Information from Lambda Store, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Lambda Store.

6. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Lambda Store customers, we reserve the right to suspend your account or throttle your hosting until you can reduce your bandwidth consumption.

7. User Protection

You agree not to engage in activity that significantly harms our customers. We will resolve disputes in favor of protecting our customers as a whole.

D. User-Generated Content

Short version: You own the data you upload (the content), but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

Your Data Ownership, Processing and Data Protection Your data (“Customer Data”) consists of all data and information that you or your authorized users provide or input to the Cloud Services. Your use of the Lambda Store Services will not affect your ownership rights of any Customer Data. Customer Data remains your data at all times and you are solely responsible for ensuring that your data, and your use of it, complies with these Terms of Service and applicable law.

2. Data Processing and Protection

We may need to make design choices to technically administer the Lambda Store Services, for example, how to replicate, store, scale, cluster, compress, decompress or backup your Customer Data. You hereby give us full permissions to make any such design choices and use of your Customer Data. You are solely responsible for obtaining all necessary rights and permissions to enable, and grant us such rights and permissions. Further, you represent and warrant to us that: (a) you have all rights in your Customer Data necessary to grant the rights contemplated by these ToS; and (b) that none of your Customer Data violates these ToS, any applicable law or any third party’s intellectual property or other right.

3. Lambda Store May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Lambda Store terms or policies.

4. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Content you and your authorized Users create or own ("Your Content"). If you're posting anything you or your users did not create yourselves and on your behalf, or do not own the rights to, you agree that you and your users are responsible for any of that Content; that you will only submit content that you have the right to post; and that you will fully comply with any third-party licenses relating to content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Lambda Store users — certain legal permissions, listed in Sections D.5 — D.6. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Sections D.5 — D.6. The licenses you grant to us will end when you remove Your Content from our servers.

5. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like storing in our infrastructure and make backups; show it to you. Also this includes design choices explained in section D.2. in order to manage data.

This license does not grant Lambda Store the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

6. Moral Rights

You retain all moral rights to Your Content that you or your Users upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.5, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Lambda Store the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Personal Data Processing - GDPR

For the purposes of this Section, terms defined by European Union Regulation 2016/679 (“GDPR”) have the meanings provided by GDPR.

1. Compliance with Data Protection Legislation: Each party undertakes to comply with all data protection legislation applicable to it (“Data Protection Law“) and shall not knowingly cause the other to breach Data Protection Law.

2. Acting as Processor and Service Provider: We will process any personal data uploaded into the Cloud Services (the “Customer Personal Data”) on your behalf as a processor and service provider, and you are the controller of such data. You disclose Customer Personal Data to Lambda Store solely for Lambda Store to perform the Cloud Services.

3. Limited Use of Customer Personal Data: As Customer’s processor, Lambda Store will process Customer Personal Data for only the following purposes:

(A) provisioning of the Cloud Services;

(B) processing initiated by Customer in its use of the Cloud Services; and

(C) processing to comply with the Agreement and other reasonable instructions provided by Customer that are consistent with the terms of the Service. Lambda Store will not retain, use, or disclose Customer Personal Data for any purpose other than providing the Cloud Services.

4. Our Personnel: We will ensure that our personnel who have access to Customer Personal Data have committed themselves to confidentiality and are aware of and comply with our obligations under this Agreement.

5. Technical and Organizational Security Measures: We will implement and maintain appropriate technical and organizational security measures to ensure a level of security appropriate to the risks that are presented by the processing of Customer Personal Data.With respect to Customer Personal Data, you agree that those technical and organizational security measures satisfy Data Protection Law. We will notify you without undue delay if we become aware of a data breach affecting Customer Personal Data.

6. Sub-processors: You acknowledge and agree that we may retain our affiliates and other third parties to further process personal data on your behalf (as “Subprocessors“) in connection with the provision of the Cloud Services having imposed on such Subprocessors the same data protection obligations as are imposed on us under this Agreement. We will be liable to you for our Subprocessors' acts and omissions in relation to our obligations under this Section 3(b). We maintain a current list of our Subprocessors, which we will keep up to date and give notification before the addition or replacement of any Subprocessors. You may also sign up to receive email notifications of any updates to our list of Subprocessors.

7. Data Subject Requests: Lambda Store will, to the extent legally permitted, promptly notify customer if Lambda Store receives any request from a data subject to exercise its rights under Data Protection Law in relation to Customer Personal Data (each, a “Data Subject Request”). Taking into account the nature of the processing, and solely to the extent that Customer cannot access Customer Personal Data itself, Lambda Store will assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Customer’s obligation to respond to a Data Subject Request under applicable Data Protection Law. To the extent legally permitted, Customer shall be responsible for any costs arising from Lambda Store’s provision of such assistance, including any fees associated with provision of additional functionality.

8. Reasonable Assistance: Taking into account the nature of the processing and the information available to us, we will provide reasonable assistance, at your request and cost, to comply with the obligations under Data Protection Law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators, in each case solely related to processing of Customer Personal Data by Lambda Store.

9. European Union Customers: Use of the Cloud Services may involve transfers of Customer Personal Data outside of the European Union. We have appropriate safeguards in place for the processing of Customer Personal Data outside of the European Union. If you elect to transfer Customer Personal Data to a Subprocessor outside of the European Union, you authorize us to apply our standard contractual clauses with that Subprocessor.

10. Termination: Upon termination of this Agreement or upon your request, we will destroy or return all Customer Personal Data to you unless applicable law requires storage of the Customer Personal Data.

F. Data Spaces

1. Control of Data Spaces

Data spaces allow the User to control access to Content.

2. Confidentiality of Data Spaces

Lambda Store considers the contents of data spaces to be confidential to you. Lambda Store will protect the contents of your databases (user generated data) from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

Lambda Store employees may only access the content of your databases in the following situations:

You may choose to enable additional access to your databases. For example:

4. Exclusions

If we have reason to believe the contents of a database are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your databases.

G. Intellectual Property Notice

1. Lambda Store's Rights to Content

Lambda Store and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Lambda Store,. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Lambda Store.

2. Lambda Store Trademarks and Logos

If you’d like to use Lambda Store’s trademarks, you must follow all of our trademark guidelines. Please contact support@lambda.store for further information about Lambda Store trademark guidelines.

3. License to Lambda Store Policies

This Agreement is adapted from GitHub's site policies and is licensed under this Creative Commons Zero license (https://creativecommons.org/publicdomain/zero/1.0/).

H. API Terms

No Abuse or Overuse of the API

Abuse or excessively frequent requests to Lambda Store via the API may result in the temporary or permanent suspension of your account's access to the API. Lambda Store, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Lambda Store's rate limitations.

You may not use the API to download data or Content from Lambda Store for spamming purposes

All use of the Lambda Store API is subject to these Terms of Service and the Lambda Store Privacy Statement.

Lambda Store may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Lambda Store's Service.

I. Payment

1. Pricing

Our pricing and payment terms are available at lambda.store/#pricing. Your payment is calculated according to your usage of database types. Payments are calculated and charged at the end of each month. Lambda Store can issue provisional credit if your usage cost exceeds $500 before the end of the month. You can monitor your current cost in the monitoring dashboard under the Billing History menu. When  you add a payment method, we may do  some verifications to validate that card is active and working.

2. Upgrades, Downgrades, and Changes

3. Billing Schedule; No Refunds

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card (via Stripe) or other approved methods of payment for fees that you authorize for Lambda Store.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Lambda Store any charge incurred in connection with your use of the Service. If you dispute the matter, contact support@lambda.store. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

J. Cancellation and Termination

1. Account Cancellation

It is your responsibility to properly cancel your account with Lambda Store. You can cancel your account at any time by sending your request to support@lambda.store from the same email that you used while creating your account. We are not able to cancel accounts in response to a phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we may delete your full profile and the content of your databases immediately after cancellation or termination (though some information may remain in backups). This information can not be recovered once your account is cancelled.

Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after any account closure, suspension, or downgrade. You must make this request within 10 days of closure, suspension. Note that if your account has been terminated because of payment failure your data may not be kept 10 days.

3. Lambda Store May Terminate

Lambda Store has the right to suspend access to all or any part of the Website,Services or your account at any time, with or without cause, with or without notice, effective immediately if  (i) your payment is overdue or you are otherwise in breach of these Terms of Service; (ii) we determine that there is a risk to the Cloud Services or to any third party from your actions and/or that your use of the Cloud Services may be unlawful; or (iii) you have ceased to operate in the ordinary course of business, made an assignment for the benefit of creditors or made a similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. If we suspend your right to access or use any portion or all of your Cloud Services, you remain responsible for all Service Fees you have incurred prior to the suspension and you will not be entitled to any credit or refund.

Lambda Store has the right to terminate your account at any time, with or without cause, upon 10 days advance notice or if your account has been suspended for more than 3 weeks.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

K. Communications with Lambda Store

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Lambda Store Must Be in Writing

Communications made through email or Lambda Store Support's messaging system will not constitute legal notice to Lambda Store or any of its officers, employees, agents or representatives in any situation where notice to Lambda Store is required by contract or any law or regulation. Legal notice to Lambda Store must be in writing to support@lambda.store.

3. No Phone Support

Lambda Store only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

L. Disclaimer of Warranties

Lambda Store provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Lambda Store does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

M. Limitation of Liability

To the maximum extent permitted by applicable law, each party's total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you've actually paid us during the 24 months preceding the claim giving rise to such liability.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

N. Release and Indemnification

1. Customer’s Indemnification

You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

Subject to the limitations above, you agree to indemnify us and us hold harmless from and against any and all third party claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Lambda Store (a) promptly gives Customer written Notice of the claim, demand, suit or proceeding.; (b) gives Customer sole control of the defense and settlement of the claim, demand, suit, or proceeding (provided that Customer may not settle any claim, demand, suit, or proceeding unless the settlement unconditionally releases Lambda Store of all liability); and (c) provides to Customer all reasonable assistance, at Customer’s expense.

If you have a dispute with one or more Users, you agree to release Lambda Store from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, provided that Lambda Store (i) promptly gives you written notice of the claim, demand, suit or proceeding; (ii) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Lambda Store of all liability); and (iii) provides to you all reasonable assistance, at your expense.

2. Lambda Store’s Indemnification

We’ll defend or settle, at our option and expense, any third-party claim brought against you to the extent that it’s based on an allegation that Lambda Store’s service infringes a copyright or misappropriates a trade secret of any third party (each, a “Claim”), and, subject to Section P, above, Limitation of Liability, we’ll pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify us in writing of any such Claim as soon as reasonably practicable and allow us to control, and reasonably cooperate with us in the defense of, any such Claim and related settlement negotiations.

O. Changes to These Terms and Modifications to Services

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments.

 If we modify these Terms of Service:

We will post the modification on the Website or provide you with notice of the modification. We will also indicate the last update date at the top of these Terms of Service. By continuing to access or use the Services and/or the Website after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. IF THE MODIFIED TERMS OF SERVICE ARE NOT ACCEPTABLE TO YOU, THEN PLEASE CEASE USING THE SERVICES AND THE WEBSITE IMMEDIATELY.

We will notify our Users of material changes to this Agreement, such as subscription plan, price changes, at least 2 weeks prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part of it) with or without notice.