Terms of Service

Last updated: 01. April 2021

1. Preamble#

Wundergraph provides a unified GraphQL API integration service, allowing access to many APIs through a single integration layer with end-to-end security and authentication management ("the service"). Wundergraph is operated and provided by Wundergraph UG ("we", "us", "our"). Your access to and use of the service is conditioned upon your acceptance of and compliance with these Terms of Service, or "terms". If you disagree with any part of the terms, or if you are barred from accepting the service under German law, you may not access or use the service.

2. Service#

2.1 Account Requirements#

In order to use the service, a user account is required. In order to sign up, besides accepting the Terms of Service you confirm that:

• You are of age 18 or older
• You are human and operating your account manually
• The data you provide is correct and accurate (name, address, billing information etc.), and that you will keep it up to date
• You are not sharing and will not share your account with others, including machines or automated access
• You are not registering multiple accounts, on behalf of yourself or others, to exploit the free plan offering

2.2 Fees, Payment Plans#

Wundergraph's service and payment plans are provided through our price list of which the latest version applies as published on our website [link]. All prices are excluding VAT and in currency Euro ("EUR" or "€"). Depending on your method of billing and billing preferences, you may be billed in a different currency which may result in higher prices due to currency exchange rates or surcharges applied. Any extra cost has to be covered by you.

2.3 Billing Schedule, No Refunds#

Payments are due immediately and always billed in advance at the beginning of each month of usage; Wundergraph may withhold or revoke access to your account(s) or limit the number of requests until payment has been received. Services automatically renew at the end of each month. A credit card is required to access the Personal and Team Plans. Wundergraph will not provide refunds of any kind or credits for partial months of service, downgrade refunds, or refunds for unused months with an existing paid plan.

2.4 Termination / Suspension#

You may cancel your account with Wundergraph at any time by contacting us (info@wundergraph.com). Your account and active plan will terminate at the end of the current usage period. There will be no refund for the remainder of the month of usage. Please note that it is your responsibility to properly terminate your account with Wundergraph and all services connected to it. We will retain and use your account and usage information as required in order to comply with legal obligations, resolve disputes, and enforce our agreements. Barring legal requirements, your account and data will be deleted within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your account is cancelled. Wundergraph has the right to immediately suspend or terminate your account and/or access to all or any part of the service at any time, with or without cause, and with or without notice. We reserve the right to refuse service to anyone for any reason at any time.

3. Acceptable Use#

3.1 Compiance With Law and Regulations#

Using the service requires you to fully comply with all applicable laws and regulations, including copyright or trademark laws. The Wundergraph ervices must not be used to circumvent, violate or compromise any applicable laws in your jurisdiction, the European Union or Germany. It is your responsibility to ensure that your use of the service is in compliance with laws and any applicable regulations.

3.2 Prohibited Use of The Service#

In addition to the statement in 3.1, "Compliance With Law and Regulations", the service must not be used to:

• Gain unlawful access to other services (for example, but not limited to cases where you would not be allowed to use a third party service or API directly etc.)
• Abuse the service (for example, but not limited to hiding / obscuring your identity, collecting data you are not eligible to use, spamming etc.)
• perform actions that might or will compromise the service or its parts, or exposing it to threats (e.g. triggering IP bans / blacklisting, providing unfiltered public access to the service, publicly posting Wundergraph implementation or processing details that are or must be assumed to be confidential etc.)
• infringe intellectual property rights or copyrights
• violate privacy laws and rules, especially under the GDPR
• re-selling the Wundergraph service or parts of it
• provide access to the service to people who do not possess a user account, or to users / individuals that are not eligible to use the service (e.g. banned users)

4. Confidentiality and Security#

You are required to keep your login and account data secure. Your password should be changed on a regular basis, even though the Wundergraph system does not enforce it. You are responsible for keeping access data to third party APIs secure as well. Should you notice any suspicious activity in your account, you must notify the Wundergraph team immediately.

5. Disclaimer of Warranties#

5.1 No Warranty#

We provide the service “as is” and “as available,” without warranty of any kind. We explicitly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, security, fitness for a particular purpose, non-infringement and accuracy. In addition, we do not warrant that:

• the service will meet your requirements,
• the service will be uninterrupted, timely, or available during specific time periods
• the service will be secure and free of harmful components
• the service is free of errors, defects or glitches
• the service will be, is or remain available in your location
• any defects, problems or errors will be resolved
• we provide any support for the service

You assume full responsibility and risk of loss resulting from your use of the service and the information obtained through it.

Wundergraph is not responsible and cannot be held accountable for the quality, completeness, availability, timeliness, security and correctness of any third party services (APIs) and their data connected through Wundergraph.

5.2 Limitation of 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:

• your use or inability to use the service
• the availability of the service, its components or functionality
• any price change, modification, suspension or discontinuance of the service
• the service in general or the software or systems that make the service available
• unauthorized access to your account, the service or or alterations of the transferred data
• any other matter relating to the service

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if established measures could not prevent them. We will have no liability for any failure or delay due to matters beyond our reasonable control, as well as force majeure events.

6. Indemnification#

You agree to release Wundergraph from any and all claims, demands, losses, suits, costs, fees, expenses, damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the service.

You agree to indemnify us, defend and hold us harmless from and against any and all third party claims, liabilities, and expenses arising out of or in any way related, but not limited to a) your use of the service, b) your violation of these terms, c) your violation of any applicable laws or regulations connected to the use of the service, provided that we promptly notify you of such claim, suit, action or demand.

7. Intellectual Property#

Wundergraph and all of its services are sole property of Wundergraph UG and protected by copyright and applicable intellectual property rights. Use of the service is only permitted for the purpose expressly provided in these terms. The service or parts of it may not be copied or otherwise reproduced, republished, modified, distributed, posted, sold or otherwise used without express prior written permission. Please respect intellectual property rights. Provided that you are eligible to use the service or parts of it on premise, you are granted a limited license to access and use parts of the service as a local copy. You must ensure that our rights remain protected and uninfringed in any environment where parts of our service are run. We reserve all rights not expressly granted to you.

8. Changes#

Wundergraph may update or amend the terms from time to time. If the terms are changed in any substantial way, we will provide at least fourteen (14) days notice by e-mail before the changes take effect. We reserve the right to update or change our price list and scope of the service (including, but not limited to features, request limits, availability, means of access etc.) at any time. You will be notified of such changes at least thirty (30) days in advance by e-mail before the changes take effect. During the notice period, you may reject the changes by terminating your account. Your continued use of the service, also in case of non-substantial changes, constitutes agreement to our updates of these terms, the price list and the scope of the service. Any individual agreement between you and Wundergraph must be documented in writing.

9. Severability and Survival#

If any part of these terms is found to be unenforceable or invalid, that portion of the terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of these terms of service will not be considered a waiver of our right to enforce such provision. Our rights and all provisions of these terms of service which, by their nature, should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law#

These terms of use and your relationship with Wundergraph shall be governed solely by the laws of the Federal Republic of Germany, explicitly excluding the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods). The courts for Wundergraph's registered office shall have exclusive jurisdiction over all disputes under and in connection with these terms. You may not delegate or surrender any of your rights or obligations under these terms, whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld).