for Sprinters (as of 2024-09-18)
1.1. InfrastructureX GmbH, Baubergerstr. 59, 80992 München, Germany (hereinafter referred to as “InfrastructureX”) provides a platform at “sprinters.sh” (hereinafter referred to as “Sprinters”).
1.2. All users of Sprinters are subject to the following terms of service (hereinafter referred to as “terms”). These terms are available at any time from https://sprinters.sh/terms. The valid version of the terms at the time of registration applies.
2.1. Sprinters offers users the possibility to launch GitHub Actions jobs on virtual machines running on the customer’s own cloud accounts. These virtual machines are not operated by InfrastructureX. Sprinters rather accesses existing hosting platforms of third-party providers that the customer is already authorized to use. The user agrees that InfrastructureX may use these hosting platforms throughout the duration of the service agreement.
2.2. All features of Sprinters are explained, where necessary, in the respective places or on the Sprinters website. The user can continually use the features of the service that are included in the service package booked by the user. The available service packages are described and available for download on the Sprinters website.
3.1. If the user wishes to use Sprinters, he/she can create a customer account at https://console.sprinters.sh. The user can register on the Sprinters website using their existing GitHub account. After confirming that he/she accepts the terms and the data collection and processing by the Sprinters website, installing the “sprinters.sh” GitHub app constitutes a binding offer to InfrastructureX to finalize a service agreement. The offer does not constitute a conclusion of a contract. Following InfrastructureX’s receipt of the offer, the user is verified with the authentication service and the account is activated. In activating the user account, acceptance of the user’s offer to conclude a contract is confirmed. Setting up a customer account is free of charge to the user.
3.2. InfrastructureX offers Sprinters in the form of various service packages, each with a different scope of service and each with a different price. The user can book their selected service package using their customer account on the Sprinters website. The selected service package remains valid until it has been fully used up or until it has expired, whichever comes first.
3.3. The various service packages and their costs are described in detail on the Sprinters website. The costs of a service package is due in full immediately upon purchase in the currency specified on the Sprinters website.
3.4. Service packages expiry 365 days after purchase. Any remaining unused capacity of a service package is automatically forfeited the moment the package expires. No compensation of any kind shall be paid out by InfrastructureX for any such forfeited capacity.
4.1. If the user selects a service package that is subject to a fee, the fee for the services included in the package is due in advance. The user can make payment using the payment methods available on the Sprinters website.
4.2. The user is responsible for all costs incurred if a fee cannot be debited, particularly any resulting bank charges from a rejected direct debit and the like, provided that the user is responsible for these costs having been incurred.
4.3. The selected service package will only be activated after successful prepayment.
4.4. If a prepayment fails, InfrastructureX is entitled to exclude the user from using Sprinters until the outstanding payments have been settled.
4.5. The user consents to receiving invoices and payment reminders from Sprinters and its payment partner Paddle by email, using the email address provided during the order of the service package.
5.1. The contract is concluded for an indefinite period.
5.2. The customer can cancel the contract without compliance to a notice period by uninstalling the Sprinters GitHub app from their GitHub account or organization. All unused capacity of service packages that have yet to expire will be automatically forfeited by the user. No compensation of any kind shall be paid out by InfrastructureX for any such forfeited capacity.
5.3. The contract can be cancelled by InfrastructureX after expiry of the user’s currently booked service packages with a notice period of 3 months. Notice of cancellation must be given in written or electronic form. The date of cancellation is deemed as being the date that the other party receives the cancellation notice. The user account will be deactivated when the contract ends.
5.4. InfrastructureX may cancel the contract with immediate effect if the user withdraws the privacy policy enabling InfrastructureX to use their personal data. If individual services of InfrastructureX cannot be completely or partially provided as a result, InfrastructureX will not be obligated to provide the service, even if the contract is not cancelled.
5.5. The requirement of section 626 of the German Civil Code (BGB) remains unaffected.
6.1. InfrastructureX expressly reserves the right to modify the offer and content of the InfrastructureX website and Sprinters at any time. The user consents to receiving changes to the terms by email, using the registered email address of the customer account. The changes will be deemed as accepted if the user does not object to them in text form within 14 days following notification.
6.2. InfrastructureX is entitled to make the user’s continued use of Sprinters dependent on acceptance of or consent to the new terms. InfrastructureX may also exclude the user from using Sprinters if the user objects to or fails to consent to the terms.
7.1. The user is obligated to refrain from all actions that could lead to an excessive burden on Sprinters, the InfrastructureX website or InfrastructureX’s systems, or that could jeopardize the integrity, stability or availability of the IT systems of Sprinters or the Sprinters website.
8.1. The user will indemnify InfrastructureX against all claims including indemnification claims asserted against InfrastructureX by other users or third parties due to a violation of their rights that arise as a result of the user’s use of InfrastructureX’s services.
8.2. The user will be responsible for all reasonable costs incurred to InfrastructureX as a result of a violation of third-party rights, including sufficient costs for legal defence. All further rights and compensation claims of InfrastructureX remain unaffected.
8.3. The above provisions do not apply if the user is not responsible (intent or negligence) for the violation of rights.
9.1. InfrastructureX endeavours to ensure that Sprinters operates at high availability. Target availability is 99%, although an uninterrupted usability or accessibility of the offer is not guaranteed. InfrastructureX cannot be held liable for transmission delays or failures.
9.2. Provided that InfrastructureX has not assumed a guarantee or given an assurance, liability for all liability cases and compensation claims is limited as follows:
10.1. The laws of the Federal Republic of Germany exclusively apply to all legal relationships with InfrastructureX. Application of the UN Sales Convention is excluded. The place of jurisdiction is Munich.
10.2. If a provision of these terms is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties are obligated to replace an invalid or unenforceable provision with one that most closely approximates the invalid or unenforceable provision, taking the contractual purpose into account. The same applies to omissions.