We (BackHub UG haftungsbeschränkt) run a backup service for GitHub repositories called BackHub and would love for you to use it. Our basic service for public repositories is free, and we offer paid upgrades for private repositories. Our service is designed to provide you an easy way to transfer your projects (repositories and associated meta data) from GitHub to our service in order to have an extra backup of all your data but also to clean up your GitHub account.
Any individual conditions and amendments to the Agreement shall be binding only if in writing. In addition, any waiver of written form requirements may be entered into and agreed in writing only. Other terms and conditions will be not accepted, unless these are expressly approved by BackHub.
BackHub reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. The consent to modify the Agreement shall be deemed to be granted, if you do not object to the change within one month after the receipt of the modification notice. BackHub is committed to advise you in the course of the notification change about the consequences of defaulted objection. Your continued use of or access to the Webspace following the posting of any changes to this Agreement constitutes acceptance of those changes. BackHub may also, in the future, offer new services and/or features through the Webspace (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If you create an account by logging in via GitHub on the Webspace, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify BackHub of any unauthorized uses of your account or any other breaches of security. BackHub will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You should keep your data complete and up-to-date. You will notify BackHub above changes of your data and confirm BackHub the correctness on request.
You are aware, that BackHub and the provider are legally obligated to take proper measures, in order to store security relevant data about your domain and email use and provide this data to public authority on justified request.
If you backup your GitHub repositories on our Webspace you are entirely responsible for the content of, and any harm resulting from, that content. The content shall not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content. You are not authorized to misuse the Webspace. Any of the following behaviours, without limitation, shall be considered abusive:
If you delete Content or your account, BackHub will use reasonable efforts to remove it from their servers within a period of three (3) months. Without limiting any of those representations or warranties, BackHub has the right (though not the obligation) to, in BackHub’s sole discretion (i) refuse or remove any content that, in BackHub’s reasonable opinion, violates any BackHub policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Webspace to any individual or entity for any reason, in BackHub’s sole discretion. BackHub will have no obligation to provide a refund of any amounts previously paid. Nobody shall be entitled to use and access the Webspace, and BackHub reserves the right to exclude certain users.
BackHub shall not be liable for any promise or warranty, whether express or implied, including, but not limited to, the suitability of the Webspace for specific purposes, nor shall BackHub guarantee that rights of third parties are not infringed. BackHub does not promise that using the Webspace will produce any goal-oriented or specific results, consequences or effects. Neither BackHub, its executives or employees, nor any of its associated providers, users, contracting partners, sponsors, or the executives and employees thereof, shall be responsible or liable for any indirect, incidental, resulting, special, exemplary damage or any other obligations (including, but not limited to, any loss of business, data or profits).
Furthermore you are not authorized to process and to back up personal data of private persons to your GitHub repositories. In this regard we explicit point to the provisions of the General Data Protection regulation (GDPR), other data protection laws applicable in Member States of the European Union and other provisions related to data protection.
The monthly or annual subscription fees for the service are available on the Webspace. The paid services such as backups for private Repositories are referred to as “Upgrades” on the Webspace. By selecting an Upgrade you agree to pay BackHub the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable. If you activate the feature “Automatic Backups”, BackHub will create automatically backups for new repositories and automatically upgrade the plan for you, if you reach the limit of the plan. BackHub will notify you immediately about this Upgrade. Unless you notify BackHub before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize BackHub to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
This Agreement does not transfer from BackHub to you any BackHub or third party intellectual property, and all rights, titles and interests in and to such property will remain (as between the parties) solely with BackHub. BackHub, backhub.co, the backhub.co logo, and all other trademarks, service marks, graphics and logos used in connection with BackHub, or the Webspace are trademarks or registered trademarks of BackHub or BackHub’s licensors. GitHub and the GitHub logo used in connection with the Webspace are trademarks of GitHub Inc.
By uploading digital content, you shall grant BackHub and its subsidiaries a simple, worldwide, non-exclusive, free-of-charge licence to store your content all over the world for the scope to create a full back-up of your content within the terms of the Agreement. The referred licence shall include the right to save, copy, transfer, the digital content, using all currently known media or any media created or used in the future. For the supply of the website, it shall be particularly necessary that the data be provided in such a manner that they can be digitally processed, copied and modified. You authorize BackHub to store the digital content, in order to be able to use it in case of any legal dispute.
Licences shall be valid until you remove the digital content of the website. As soon as the digital content is removed, the licence shall expire within a term that is economically reasonable. Notwithstanding the above provisions, the licence shall remain valid indefinitely for the purposes of legal filing and storage of digital content.
If you wish to terminate this Agreement or your BackHub account (if you have one), you may simply send us an e-mail with your request. Pursuant to your termination request BackHub will first mark your content as deleted. The content will be subsequently deleted through BackHub within a period of three (3) months. In case of fundamental violations of this Agreement BackHub may terminate your access to all or any part of the Webspace with prior notice at any time and with immediate effect. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Webspace is provided “as is”. BackHub and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BackHub nor its suppliers and licensors, makes any warranty that the Webspace will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Webspace at your own discretion and risk.
In no event will BackHub, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BackHub under this Agreement during the twelve (12) month period prior to the cause of action. BackHub shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The service consists mostly of information that is stored upon your request. You are solely responsible for the content you store on the Webspace.
BackHub is running the technical infrastructure according to the state of the art. BachHub is assuming no liability for direct or indirect damage based on technical problems, server malfunction/breakdown, data loss, transcription and transmission error, data uncertainty or other reasons unless you can provide evidence of intent or gross negligence.
If BackHub is responsible for data loss, it will be liable solely for the costs of re-backup and recovery of data, which would have been lost in case of correct back-up of the data. This liability is given only within the liability rules of this Agreement.
BackHub is not liable for damage, which occur through attacks of third partys on the technical infrastructure of BackHub, in particular such as Distributed Denial of Service (DDoS), computer virus or any other hacker attacks.
BackHub is released from the obligation to provide service in cases of force majeure. As force majeure are applying all unexpected incidents as well as incidents, whose legal effects on the fulfillment of the Agreement are not laying in responsibility of the parties.
BackHub is liable for damage, which is caused by BackHub, its legal representative or auxiliary persons with intent or grossly negligent. In cases of slight negligence is BackHub only liable, insofar as a violation of an obligation occurs, whose adherence is of fundamental meaning for the achievement of the Agreement purpose. In this case the liability is however limited to the predictable and typical contract damage.
Beyond that, BackHub is unlimited liable according to the German Product Liablity Act and due to other compulsory liability prescriptions.
You agree to indemnify and hold harmless BackHub, its contractors, its licensors and their respective directors, officers, employees and agents from any claims of third parties arising out of your use of the Webspace, including but not limited to the violation of the rules of this Agreement. This release comprises all expenses and costs incurred, including court and lawyer fees.
This Agreement constitutes the entire agreement between BackHub and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BackHub, or by the posting by BackHub of a revised version. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BackHub may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Agreement, including any supplement thereto, any access to or the use of the Webspace will be governed solely by the laws of the Federal Republic of Germany. BackHub and you waive all other legislations, including the laws of the country or region of your residence or in which you use the Webspace (if other than Germany), and all international commercial laws outside Germany and the European Union.
The exclusive place of jurisdiction will be the state and federal courts located at the registered office of BackHub UG (limited liability) in Berlin, Germany.
If one or more provisions of this Agreement or their supplements are or become invalid, illegal, unenforceable or in conflict with the law of the applicable jurisdiction, this shall not affect in any manner the validity, lawfulness and enforceability of the other provisions.
Version history: This is the third version updated on May 25th 2018. You can have a look at the previous version here.