Terms of Use

Thank you for visiting trialcloud.celonis.com and, if applicable, deciding to register for our Service. Please read these Terms of Service as well as our Privacy Policy carefully, as you must agree to all documents in order to use our Service. Apologies for the legalese.

As the owner of the Website, We are working to improve it and it is important for us to get feedback to ensure that we are heading in the right direction. So, have You any thoughts on how We can improve, We would love to hear them.

Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

"Agreement" means these Terms of Service;

"Celonis" refers to our company, known as Celonis SE, our Site, our Service or a combination of all or some of the preceding definitions, depending on the context of the word;

"Service" refers collectively and/or individually, as the case may be, to the SaaS services that we provide through our Site, any other services we provide, as well as our Site itself;

"Site" refers to our website, trialcloud.celonis.com;

"User" refers to registered, unregistered, paid, and unpaid users of our Service, and without limiting the generality of the foregoing, includes and general visitors to our Site;

"You" refers to you, the person who is entering into this Agreement with Celonis.

Description of Service

The Celonis Trial Cloud is a SaaS (Software as a Service) used evaluate, try out and demonstrate process mining. Our software is made available online and without requiring the purchase of a physical copy in order to use it.

Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

You must not be in violation of any embargoes, export controls, or other laws of Israel, the United States or other countries having jurisdiction over this Agreement, Celonis, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.

You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

You must, if signing up on behalf of an organization (such as a partnership, corporation, limited liability company, etc.), be authorized by that organization and its affiliates to create their account, and you agree that you are binding them to this Agreement and undertaking to indemnify Celonis for any breaches caused by that organization (without limitation on our right to obtain a remedy directly from the organization in conjunction with or as an alternative to your indemnification).

You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service. The collection of information shall be governed by our Privacy Policy.

Nature of Service

You agree to release us from any liability for any losses which occur as the result of the use of our Service.

We grant you a non-exclusive, non-transferable license to electronically access and use the Service in accordance with the terms of this term of Use.

We reserve the right in our sole discretion to add, change, discontinue or otherwise modify elements and features to the Service any time. We will notify such changes on the Website. It is, therefore, important that You review these Terms of Use regularly to ensure You are updated regarding any changes. In addition, in order to use certain parts of the Service, You may be required to agree to additional terms and conditions. Those additional terms are hereby incorporated into this Agreement as an integral part hereof.

Rules of Use

In addition to meeting the above eligibility criteria for using our Service, you must not:

Use the service if usage is not in accordance with the applicable laws.

Post or send anything violent, threatening, pornographic, racist, hateful, defaming or otherwise objectionable according to the opinion of Celonis or its delegates.

Infringe on anyone's intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Celonis Site, Service, or its Users' computers.

Use the Service to store or transmit malicious Code, or interfere with or disrupt the integrity or performance of the Service or third party data contained therein.

Datamine, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of any part of the Service, or in any way ascertain, decipher any part of the Service or the underlying idea or algorithms of any part of the Service.

Remove or alter any trademark, logo or other proprietary contained on the Site.

Create derivative works, or use the Service in order to build a competitive service or copy any features, function or graphics of the Service.

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Do anything else which could bring Celonis into disrepute or violate the rights of Celonis or any other person.

Celonis reserves the right to review information posted by Users to ensure that it complies with this or any other section of this Agreement, and to amend it, edit it, deleted it, or otherwise control such information in order to bring it into compliance with this Agreement.

Payment

We currently provide the Trial subscriptions for free, however we reserve the right to integrate additional components to the Website which might be subject to additional fees.

Software as a Service

Celonis Trial Cloud is offered as a free trial service.

Server Downtime and Maintenance

Our servers may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. We may attempt to inform you if such downtime is planned, but we are under no obligation to do so. You agree that we are not liable for the unavailability of our Service.

Proprietary Rights

Our Copyright: You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission, unless it is in relation to a project which you are authorized to work on. We reserve all rights, title, interest in and to the Service and the Site and all related IP rights. These rights are protected under international patent, copy right, trade mark or trade secret law as well as international treaties. You further agree that all right, title, source code, documents, drawing, data, documentation, drawing, data, designs, engineering changes, inventions, trade secrets, copyrights, mask work, all related know-how and all IP related to the foregoing, including any changes and modifications, improvements and derivative versions, all shall be vested in Celonis. The look and the feel of the Service and the Site including color combinations, logos. button shapes and other graphical elements also are the trademark and IP of Celonis.

Your Copyright: Celonis must be assured that it has the right to store the content that is collected and posted to its Site by its Users ("User Data"). Such content may include, but is not limited to, excel files, csv files, text, images, configurations, audio, usage data and other materials. Whenever submitting content to our website, you agree that you are granting us a nonexclusive universal, perpetual, irrevocable, sublicensable, commercial and noncommercial right to use the data for the purpose of providing you with our Service. You shall be solely responsible for your User Data and the consequences of submitting it. If you cancel your access to our Service, we may endeavor to delete the data (it is to our advantage to preserve storage space), but we cannot provide any assurances how long such a process will take, or if it will be completely effective. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

You agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service, whether it competes directly or indirectly.

Third Party Data: All title and intellectual property rights in and to any data of any third party which may be linked to or viewed in connection with the Service is the property of the respective data owner and may be subject to terms and conditions of third parties that duly licensed such content to us ("Third Party Agreements"). We claim no ownership rights and We take no responsibility over any kind of information, offer and recommendation displayed on the Website. You acknowledge that the terms of such Third Party Agreements shall be binding upon You with regard to any use You make under the Service, including any subsequent changes to the Third Party Agreements. The look and feel of the Service and the Website, including its color combinations, logos, button shapes, and other graphical elements, also are the trademarks and intellectual property of Celonis. Other trademarks used on the Website are the property of their respective owners. The license granted under this Agreement shall not constitute a sale of the content on the Website or any portion or copy thereof and You shall not acquire any rights therein, express or implied through this Agreement other than those expressly specified herein.

Revocation of Consent: We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

 

Representations & Warranties

ALL CONTENTS FOUND ON THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND MAY CONTAIN DEFECTS OR ERRORS (SUCH AS BUGS OR GLITCHES).

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY LOSSES INCURRED AS THE RESULT OF YOUR DECISION TO USE OUR SERVICE. YOU ARE RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF OUR SERVICE FOR YOUR PURPOSES. WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING YOUR CREDIT CARD COMPANY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

We do not give any warranties as to the usability of the Service, the Website or any of its content. We will not be liable for any loss suffered by any party as a result of their use of the Service, the Website its software or any or all of its content.

Indemnity

You agree to indemnify and hold us and our employees, agents, directors, harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. In no event shall we have any liability for any lost profits or revenues or for any indirect, special, incidental, consequential cover or punitive damages however caused.

Liability

Limitation Of Liability. in no event shall our aggregate liability arising out of or related to this agreement, whether in contract, tort or under any other theory of liability, exceed the total fees paid to us by you for use of the service during the preceding three month period.

Exclusion Of Consequential And Related Damages. in no event shall we have any liability for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. the foregoing disclaimer shall not apply to the extent prohibited by applicable law.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, Celonis shall have the sole right to elect which provision remains in force.

NonWaiver

Celonis reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our nonenforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will change this page. You must read this page each time you access our Service and, if it has changed, you agree to any amendments through your continued use of our Service.

Applicable law and place of jurisdiction

German law applies exclusively to all claims in contract, in tort or otherwise, and the UN sales laws convention as well as the rules of conflict of laws are excluded. The sole place of jurisdiction for all differences arising out of or in connection with this contract shall be Munich.

PRIVACY STATEMENT

This privacy statement informs you in an elaborate manner about the use of your personal data while using the Celonis Trial Cloud. Provider of the Celonis Trial Cloud is the Celonis SE, Radlkofer Str. 2, 81373 Munich, Germany.

1. Collection and processing of your data

1.1 A requirement of the use of our Service which are offered online is registration, which requires the following details to be entered: surname, first name, phone number, e-mail address, and country and a personal password. Details above and beyond these are non-obligatory details and are marked as such.

1.2 This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are stored on your computer and which enable you to carry out an analysis of the use of the website. The information obtained through the cookie concerning your use of this website will be typically transmitted to a server of Google in the USA and stored there.

Celonis activated the option for IP address anonymization provided by Google. As a consequence, your IP address will be shortened by the last 8 bits within countries, which are members of the European Union or in other contracting countries of the European Economic Area (EEA). Only in exceptional cases, the full IP address will be transmitted to a server of Google in the USA and shortened there.

On behalf of the website provider, Google will use this information in order to evaluate your use of the website so as to compile reports concerning the website activities and in order to render further services associated with the website use and the Internet use for the website provider. The IP address transmitted by your browser for the use of Google Analytics will not be connected to other data of Google.

You can disable cookies by adjusting the settings of your browser software. In this case, we would like to point out that it is possible that not all of the features of the website can be used to their full extent.

You can prevent the data produced by the cookie and relating to your use of the website (incl. your IP address) being saved by Google. This can be done by downloading and installing the Browser plugin behind the following link: tools.google.com/dlpage/gaoptout.

1.3 For system-related purposes, when the Services are used, Celonis furthermore stores the following data by means of session-cookies: session ID.

1.4 This website uses Jaco, Jaco is a powerful script that creates a new level of ease for website owners to understand the usability of their websites. Jaco exists to make the web better for end-users, and it is only available to websites that share that goal. As you use this software, you agree to the Jaco privacy statement. The latest version of the Jaco privacy statement can be found under https://www.getjaco.com/privacy.html

2. Use and referral of your data

2.1 We may use the data provided by you in order to answer your questions, to perform the obligations of the contract and for the purposes of technical administration of our products and services.

2.2 Address, contact and order data are collected and processed for our own marketing purposes and also by external service providers on our behalf.

2.3 If you register for our Newsletter, we will use, with your explicit consent, the data provided by you to send you our newsletter. For sending our newsletter we will use your e-mail address. The newsletter contains current information and offers by Celonis SE.

2.4 Celonis may make use of Microsoft Bing Translate on our Websites or as part of our Service. The use of this service is optional. If the translation service is used by the customer, the corresponding data is transferred to and processed by the servers of the Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. The Customer must give their consent for Celonis to do so. The usage of the service is defined in the general terms of use and data privacy terms of the Microsoft Corporation.

3. Right of objection

At any time you may object or revoke your consent to the use of your data for marketing purposes and/or the creation of pseudonymous user profiles used for the continuous improvement of the Celonis Service offering However, this does not apply for all data necessary to fulfill any obligations arisen from an contractual agreement. Regarding this matter, please contact info@celonis.de.

4. Data protection

4.1 Your personal data will be transmitted using SSL encoding (256 bit certificate) via the Internet when you use our Service which are subject to charge. You can recognize the secure transmission from the protocol designation "https://" in the URL line and also from the complete domain "editor.celonis.com" or under any sub-domains "*.editor.celonis.com" (where "*" indicates an arbitrary string).

4.2 We secure our website and other systems against loss, destruction, access, modification or dissemination of your data by unauthorized persons using technical and organizational measures that are commercially reasonable. For additional information on Celonis' systems and network security, we refer to our information sheet concerning IT and data security, which will be sent to you on request.

4.3 The access to your customer account is only possible after entering your personal password. You should at all times treat your access information confidentially and close the browser window when you have ended your communication with us, in particular if you use a shared computer.

5. Disclosure, correction, blocking and deletion

Under the German Bundesdatenschutzgesetz [Federal Data Protection Act] you have the right to receive information concerning your stored data as well as, where appropriate, a right to correction, blocking or deletion of this data free of charge.

6. Contact regarding privacy

If you have questions concerning the disclosure, treatment or use of your personal data regarding information, correction, blocking or deletion of your data as well as the revocation of given consent please contact info@celonis.com

Microsoft Bing Translate

I agree that my data can be transmitted to the Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA for the purpose of automated translation. I can object to this agreement at any point in time. I have read and agree to the additional information in the data privacy statement of Microsoft Corporation (Link: privacy.microsoft.com/de-de/default.mspx).

Version: August 2016

Questions or additional information: If you have any questions regarding this contract or would like additional information, please send an e-mail to info@celonis.com.