Equana

1. Provider

These Terms of Service govern your use of the Equana platform, operated by:

2. Scope and Acceptance

By accessing or using Equana ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Service.

These terms apply to all users, including visitors, registered users, and any other persons who access or use the Service.

3. Service Description

Equana is a browser-based computational notebook platform that allows users to write and execute code, perform mathematical computations, create visualizations, and collaborate with others. The Service includes:

• A code editor with syntax highlighting
• Mathematical computation capabilities via WebAssembly
• Data visualization tools
• Workspace management and collaboration features
• Local and cloud storage options

Alpha Status: The Service is currently in alpha. Features may change, and the Service may experience interruptions or bugs.

4. User Accounts

To access certain features, you must create an account using our authentication service (Auth0) with Google as an identity provider. By creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

You must be at least 16 years old to use the Service. If you are under 18, you must have parental or guardian consent.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Upload or transmit malicious code or harmful content
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Use the Service for cryptocurrency mining or similar resource-intensive activities
• Harvest or collect user information without consent
• Engage in any activity that could damage, disable, or impair the Service

We reserve the right to suspend or terminate accounts that violate these terms.

6. Your Content

You retain all ownership rights to the content you create, upload, or share through the Service ("Your Content"). By using the Service, you grant us a limited license to:

• Store and process Your Content to provide the Service
• Display Your Content to users you have authorized
• Create backups for operational purposes

You are solely responsible for Your Content and must ensure you have the necessary rights to use and share it. We do not claim ownership of Your Content.

7. Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by quebi GmbH and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

8. Availability and Support

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Technical issues or system failures
• Events beyond our reasonable control

Support is provided on a best-effort basis. As the Service is in alpha, we cannot guarantee response times or resolution of all issues.

9. Limitation of Liability

To the extent permitted by German law:

• Unlimited liability: We are fully liable for damages caused by intent or gross negligence, for injury to life, body, or health, and under the German Product Liability Act (Produkthaftungsgesetz).
• Limited liability: For breaches of essential contractual obligations (Kardinalpflichten) caused by simple negligence, our liability is limited to foreseeable, contract-typical damages.
• Exclusion: Liability for other damages caused by simple negligence is excluded.

The Service is provided "as is" without warranties of any kind, except as required by mandatory law. We do not warrant that the Service will be error-free or uninterrupted.

10. Indemnification

You agree to indemnify and hold harmless quebi GmbH, its directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

11. Term and Termination

These Terms remain in effect while you use the Service. You may terminate your account at any time by contacting us at legal@equana.dev.

We may suspend or terminate your access immediately, without prior notice, if you breach these Terms or if we decide to discontinue the Service. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will remain in effect.

12. Modifications

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting a notice on the Service or by other appropriate means. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For business users, the exclusive place of jurisdiction is Munich, Germany. For consumers, the statutory provisions on jurisdiction apply.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

15. Contact

For questions about these Terms of Service, please contact us at legal@equana.dev.