General Terms of Use

federal ministry and research

EFFECTIVE DATE: JANUARY 1, 2021

Welcome to titan. The following terms of use (the “Terms”) explain how you may use the titan app, websites (including industrial-devops.org, wobe-systems.com, doc.industrial-devops.org), services and software (collectively, “titan”) offered by wobe-systems GmbH (“wobe”, “we” or “us”).

wobe-systems GmbH
Edisonstraße 3
24145 Kiel

If you have any questions about these Terms of Use (the “Terms”), please email us at terms@wobe-systems.com.

Please read these terms and familiarize yourself with them before you get started. They apply to all users who access titan (“Users”). By using titan, you agree to these Terms, as well as any other terms regarding the collection and use of your information set forth in our Privacy Policy.

If you are using titan on behalf of a group or organization, you agree to these Terms on behalf of that group or organization and represent that you are authorized to do so (and in this case “you” refers to that group or organization).

1. what is titan

Titan offers users the ability to graphically connect and execute pre-built, installable components (“Bricks”) into an automated data flow (“Flow”). Flows connect data sources (e.g. sensors, databases, APIs) to data stores or receivers (e.g. actuators, APIs). For example, users can create cyber physical systems (Internet of Things), use data from the Internet, combine, aggregate or integrate independent systems such as (e.g. MIS, ERP).

Titan has a strong focus on team collaboration and sharing.

1B. STATUS OF THE PROJECT AND SCOPE OF USE

TITAN IS BASED ON A RESEARCH PROJECT OF THE CHRISTIAN-ALBRECHTS UNIVERSITY OF KIEL AND WOBE-SYSTEMS GMBH.

THE CURRENT SERVICE IS NOT RELEASED FOR PRODUCTIVE USE BUT ONLY SERVES THE EVALUATION OF THE OFFERED PLATFORM.

THE SERVICE MAY CURRENTLY ONLY BE USED FOR PROJECTS THAT CAUSE NO OR LIMITED DAMAGE. OUTAGES AND OPERATIONAL PROBLEMS ARE LIKELY.

PROJECTS IN WHICH PEOPLE CAN COME TO HARM ARE STRICTLY PROHIBITED.

2. user commitments

By registering to use titan, you agree to provide accurate information at all times and to accept responsibility for all activities that occur in your titan account and for protecting the passwords you use.

You can only use titan if you can enter into a legally binding contract with us under the laws that apply to you, depending on where you are located. You may use titan only in accordance with these Terms and all laws and regulations applicable to you.

We trust that you will use titan and our services responsibly – and you agree not to do the following specific and obvious things:

  • Violate applicable law in any way or violate the privacy of others or defame or disparage others.
  • titan or interfere with the operation of the Services or disrupt any user, host or network
  • Attempt to access another user’s account without express permission, or access your account using any method other than the interfaces and descriptions provided by titan.
  • Sending a virus, overloading, spamming or mail-bombing any part of titan, or introducing malware or using titan to distribute malware.
  • Violate or circumvent security or authentication measures, or probe, scan, or test a system or network for vulnerabilities.
  • Post anything that is fraudulent, misleading or violates the rights of another, send deceptive or false source-identifying information, including “spoofing” and “phishing,” impersonate any person or entity, or misrepresent your affiliation with one.
  • Send unsolicited messages, offers, advertisements or spam.

We may permanently or temporarily revoke or suspend your access to titan without notice or liability for any reason, including a breach of these Terms. These Terms will continue to apply and bind you after termination, for any reason or no reason.

3. security and privacy

We take great care to protect your privacy and maintain the security and integrity of your personal information. Please read our Privacy Policy carefully, which explains exactly what measures we take when collecting and storing your data.

However, like any application or service provider, we cannot guarantee that our security measures will never be defeated or breached by unauthorized third parties seeking to use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

4. software and license

The use of titan requires a suitable device with a web browser. We cannot guarantee that titan will be executable and usable on your device or browser. The source code of titan is open source. The Apache 2.0 license used (https://opensource.org/licenses/Apache-2.0) must be observed. Installable Bricks and Brick Packages can use a different license. The conditions are described separately for Brick Packages. Any third-party code that may be integrated into the Application is subject to the applicable open source or third-party license (EULA), if any, that permits the use of such code.

5. content and ownership (titan)

We retain our right, title and interest in and to titan and all of its components, including patents, trademarks, service marks, copyrights, know-how, software, text, design, graphics, logos and all intellectual and material property rights associated therewith (the “titan Rights”).

We reserve all rights in titan and the titan Rights not expressly granted in these Terms. These Terms do not grant you any rights to use our trademarks, logos, domain names or other brand features. Use of the titan Rights for any purpose not expressly permitted by these Terms is strictly prohibited.

Feel free to give us feedback on titan, including ideas and improvements. We welcome and look forward to such submissions. By using titan, you agree that wobe is free to use or disclose such feedback (or a similar concept developed internally by wobe or obtained from another source) to others at any time. You are not entitled to any compensation or credit for wobe’s use of your feedback.

6. content and ownership (user)

By using titan, you allow wobe to manage your data (including content, information, images and other personal data, if any) that is transmitted with or stored on the titan Platform via titan (User Data).

We do not obtain ownership of the User Data – You retain ownership of all intellectual property rights you have in the User Data. These Terms do not give us any rights in the contents of your User Data or in any intellectual property, except for the limited rights we need to provide titan to you as explained in these Terms. You are and will remain responsible and liable for anything you send, receive, copy, share, upload, download, attach or otherwise do while using titan, and you represent that you have all necessary rights to use the User Data on or through titan.

titan allows you to Process and transfer your own data from various sources. By using titan, you grant us permission to process your User Data, such as (i) hosting or sharing your data as you designate through flows, (ii) sending emails, (iii) viewing documents and images, and (v) backing up your emails to ensure that they are secure and accessible to you. By using titan, you grant us the necessary permissions to provide these services to you, including extending that permission to trusted third parties who help us operate titan. Please review the Privacy Policy to understand exactly what information we may share with third parties and how.

7. copyright infringement

You are responsible and liable for User Data and anything you send, receive, copy, share, upload, download, attach or otherwise do while using titan. If we receive notifications of alleged copyright infringement, we reserve the right to respond appropriately. We reserve the right to suspend your account, delete or disable allegedly infringing content, and terminate the account of a repeat infringer.

8. warranties and representations

Although we will use our best efforts to provide you with satisfactory service, we cannot promise that there will never be any problems. titan is provided to you on an “AS-IS” and “AS AVAILABLE” basis, and your use of it is at your own risk and responsibility. To the fullest extent permitted by law, titan is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, neither we nor our licensors warrant that the Content will be accurate, reliable or correct; that any defects or errors will be corrected; that titan or the Software will be available, uninterrupted or secure at any particular time or location; or that titan is free of viruses, malware or other harmful components. Any content downloaded or otherwise obtained through the use of titan is downloaded at your own risk, and you are responsible for any damage to your mobile device, cell phone or other system or for any loss of data that results from such download or use of titan.

9. changes and modifications

We are constantly changing and improving titan and the Services. We may add or remove features, and while we will try to provide advance notice of major changes, we may stop, suspend, change or remove content from titan at any time at our discretion and without prior notice.

We may change or update these Terms at our sole discretion, so you should check this page periodically. If we change the Terms in a material way, we will update the date of the last change at the top of this page. Your continued use of titan after any such change constitutes your acceptance of the new Terms. If you do not agree to these or any future terms, you may not continue to use or access titan.

10. choice of law, place of performance and place of jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

In the case of users who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the current place of business of wobe-systems GmbH, Edisonstraße 3, 24145 Kiel, Germany.

The same applies if the user is an entrepreneur and does not have a general place of jurisdiction in Germany or his place of residence or habitual abode is unknown at the time the action is brought. The right of wobe-systems GmbH, Edisonstraße 3, 24145 Kiel, Germany, to bring an action before the court of another statutory place of jurisdiction shall remain unaffected.

11. partial invalidity

If one or more provisions of the Terms of Use are legally invalid, they shall be replaced by valid provisions that are analogous to them. All other provisions shall remain unaffected.