Join our largest event of the year | CamundaCon 2022 October 5-6

Icon Close
Register

Camunda Enterprise Portal Terms

1. Acceptance of Terms

This Enterprise Portal service enables a customer to view their subscription overview, usage limits (e.g. PIs, DIs, TUs included), support contact limits (e.g. number of full support contacts included), access training videos and guidelines, and add, remove, and edit contact details, get reports, request training and consulting, register for certifications, and view useful blog posts, demos and other content and retrieve and share their EE  license keys.

These  Camunda Enterprise Portal Terms and Conditions (“Agreement”) constitute  a contract between Camunda and its affiliates (“Camunda”)  and you (“Customer”), together known as the (“Parties”).

BY ACCESSING AND USING THE CAMUNDA ENTERPRISE PORTAL IN ANY MANNER, CUSTOMER ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS OF SERVICE. IF CUSTOMER DOES NOT UNCONDITIONALLY ACCEPT THE CAMUNDA ENTERPRISE PORTAL TERMS IN THEIR ENTIRETY, CUSTOMER  SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE CAMUNDA ENTERPRISE PORTAL. IF THE CAMUNDA ENTERPRISE PORTAL TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.

DO NOT CHECK THE BOX AND CLICK “REGISTER”, UNLESS (1) YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT AND (2) YOU INTEND TO ENTER INTO AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU CHECK THE BOX ON THE CAMUNDA ENTERPRISE PORTAL SIGN UP PAGE LABELED “I CONFIRM THAT I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS”, AND CLICK “REGISTER” YOU WILL BE GRANTED ACCESS TO CAMUNDA ENTERPRISE PORTAL, AND THIS AGREEMENT WILL BE EFFECTIVE IMMEDIATELY.

2. Key Definitions

Camunda Content means all information, data or content in any media or format Camunda may provide or make available to Customer in connection with Customer’s use of the Camunda  Enterprise Portal.

GDPR or General Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

Portal means the online Camunda  Enterprise Portal made available at https://connect.camunda.com.

Customer Content means all information or data or any content submitted by Customer directly or indirectly to or made available to Camunda through the use of the Camunda  Enterprise Portal.

Contract means any written agreement between Customer and Camunda establishing a business relationship between the parties.

Personal Data shall have the same meaning as set forth in  Art. 4(1) GDPR. 

3. Access

In order to access and use the Portal, Customer must register for a Camunda Portal Account (the “Account”). By creating the Account, Customer acknowledges that it is responsible for maintaining the security of this Account (including, but not limited to, login credentials and security keys) and for all activities that occur under this Account. The Customer will not misuse or share his login credentials and security keys, misrepresent Customer’s identity or affiliation with an entity or impersonate any person or entity. Customer agrees to immediately notify Camunda of any unauthorized use of the Account, or any other breaches of security of which Customer becomes aware. Camunda will have no liability for any acts or omissions on Customer’s or any Third Party’s part, including any damages of any kind incurred as a result of such acts or omissions.

4. Confidentiality

Any Camunda Content marked as confidential in the Portal or under normal circumstances reasonably considered as confidential is Confidential Information and the same confidentiality obligations apply to this Content as set out in the Contract signed between Camunda and Customer.

5. Data Protection

Customer is responsible for complying with applicable privacy or data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR). Any information that Customer provides to Camunda through the Portal, including first name, last name, email address, telephone number(s) and any other information that includes individually identifiable information (“Personal Data”), will be collected, maintained and used in accordance with these Terms and our Privacy Policy located at Privacy Policy (the “Privacy Policy”). Camunda may collect, host, store, process and otherwise use (as set forth in these Terms and the Privacy Policy) Personal Data for the purposes of operating the Enterprise Portal. This may include the transfer of Personal Data to the United States and/or other countries, in particular as Camunda uses a third party provider (Allbound, Inc., with offices at 3411 Pierce Dr. Chamblee, Georgia, 30341 USA) for the purposes of hosting the Portal.

6. Acceptable Use

All uploads submitted via the Portal are hosted by a third party service provider (i.e. Allbound.com, Salesforce.com.), not Camunda, and Camunda shall have no liability whatsoever for the security or storage of such uploads.

In accessing the Portal, Customer shall:

    • be responsible to comply with the terms and conditions of this Agreement
    • Be solely responsible for the accuracy, completeness, quality and ensure that any Customer Content submitted does not infringe any third party rights.
    • use commercially reasonable efforts to prevent unauthorized access to or use of the Portal, including keeping passwords and usernames confidential and not permitting any third-party to access or use Customer’s username, password, or account for the Portal;
    • be solely responsible and liable for all activity conducted through Customer’s account in connection with the Portal;
    • promptly notify Camunda if Customer becomes aware of or reasonably suspect any security breach relating in any way to the Portal, including any loss, theft, or unauthorized disclosure or use of Customer’s username, password, or account; and
    • otherwise access in connection with Customer’s use thereof, the Portal only in accordance with applicable laws and government regulations.

Customer shall not:

    • use the Portal to store or transmit any content, including Customer-Content, that may be infringing, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws;
    • attempt to gain unauthorized access to the Portal, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Portal; and
    • authorize, permit, or encourage any third-party to do any of the above.

7. Intellectual Property Rights

Each party retains the intellectual property rights over its own Confidential Information. Save for any rights reserved to third parties, Camunda retains all rights, title and interest, including any intellectual property rights, in and to the Portal and any information and content incorporated into or used by the Portal. Intellectual property rights mean rights such as copyright, trademarks, service marks, domain names, design rights, database rights, patents, know-how and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

8. Indemnification

To the extent permitted by law, Customer agrees to indemnify and hold Camunda harmless, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) Customer’s access to or use of the Portal, including any Customer Submitted Content uploaded by Customer via the Portal; (ii) Customer’s breach or alleged breach of this Agreement; (iii) Customer’s violation of any third party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights; (iv) Customer’s violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentations made by Customer. Customer will cooperate as requested by Camunda in the defense of any claim. Camunda reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Customer, and Customer will not under any circumstances settle any claim without the prior written consent of Camunda.

9. No Warranties; Disclaimers

THE PORTAL AND CAMUNDA CONTENT, AND ANYTHING PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND. CAMUNDA HEREBY DISCLAIMS FOR ITSELF AND ITS SUPPLIERS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, CAMUNDA AND ITS SUPPLIERS DO NOT WARRANT THAT THE PORTAL OR CAMUNDA CONTENT WILL OPERATE WITHOUT ERRORS OR ARE FREE FROM VIRUSES, BUGS, WORMS OR ANY OTHER HARMFUL COMPONENTS, AND CAMUNDA SHALL HAVE NO LIABILITY DUE TO ANY DAMAGES CAUSED BY THE SAME.

10. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY (EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW), IN NO EVENT WILL CAMUNDA BE LIABLE TO CUSTOMER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE OPERATION, USE OF OR ACCESS TO THE PORTAL, OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY), BREACH OF STATUTORY DUTY OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF CAMUNDA TO YOU FOR ANY CLAIM(S), WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, RELATING TO OR ARISING OUT OF THE OPERATION, USE OF OR ACCESS TO THE PORTAL AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED, IN THE AGGREGATE, TO EUR 10,000 (TEN THOUSAND EUROS).
Customer hereby voluntarily releases, forever discharges and covenants not to sue Camunda, its subsidiaries, affiliates, officers, directors, shareholders, employees, and each of their respective successors and assigns (“the Released Parties”) from any and all liability, claims, demands, actions or causes of action, damages, suits in equity of whatever kind or nature which are related to, arise out of, or are in any way related to your access to and/or reliance on the content provided pursuant to this Agreement. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”

11. Term and Termination

This Agreement is effective from the date you access the Portal for the entire term of the Trainings and until terminated in accordance herein.

Either Party may terminate this Agreement immediately and without notice if: (i) the other Party materially breaches this Agreement (including if Customer fails to pay fees for the paid Trainings or has violated any export regulations) and, if such breach is curable, it has not been cured within thirty (30) days after the non-breaching Party has sent written notice thereof; or (ii) Camunda exercises its right to change the terms and conditions of this Agreement by providing modified terms, along with an effective date for such modified terms, and the Customer does not accept such modified terms on or before the effective date. Notwithstanding the above, Camunda may terminate this Agreement for non-payment by Customer of any fees due unless the Customer pays such fees in full within ten (10) days after receipt of Camunda’s written notice of non-payment. The termination of this Agreement has no effect on the Training that is in progress existing at the time of termination, which will be carried out by Camunda until completed, provided that if the termination is as a result of a material breach by the Customer, Camunda may terminate the Training that is in progress at the time of termination by written notice to the Customer. The terms and conditions of this Agreement continue to apply to the Training which is in progress on the termination date of this Agreement until such time as the Training is completed.

We may immediately and without notice terminate the Agreement or suspend your right to use and access the Portal if the provision of the Trainings is deemed unlawful or infringes any third-party right.

12. Survival

Any and all provisions that, by their content, are intended to apply beyond, the performance, non-renewal or termination of this Agreement will survive any termination hereunder (whether or not so expressly stated).

13. Modification of Terms

Camunda reserves the right to modify or update the terms of this Agreement from time to time with or without prior notice. Changes shall become effective immediately upon being posted at https://camunda.com/legal/terms/customer-portal-terms/. Your continued use of the Portal after changes are posted constitutes an acknowledgement and acceptance of these changes.
Camunda may from time to time provide updates to the Portal. Such updates shall be implemented automatically without any additional notice to Customer.

14. Governing law and Venue

The Customer Location will determine (a) the Camunda entity entering into this Agreement, (b) the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement and (c) the courts that have jurisdiction over any such dispute or lawsuit (the “Venue”), as set out in the table below.
Parties hereby accept the exclusive jurisdiction of the competent courts of the venue indicated below and irrevocably waive any objection and defense which either may have to the bringing or maintenance of any such claim. THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY IN ANY CLAIM UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Customer LocationCamunda entity entering into this AgreementGoverning lawVenue
The United States of America, Canada and MexicoCamunda, Inc.
475 Sansome Street, Suite 1600, San Francisco, CA 94111, USA
Laws of the State of Delaware and controlling United States federal lawDelaware, USA
Germany, Austria, SwitzerlandCamunda Services GmbH
Zossener Strasse 55-58, 10961 Berlin, Germany
German law, excluding both CISG and conflict of laws provisionsBerlin, Germany
United Kingdom and Commonwealth (excluding Canada)Camunda Ltd
Moorcrofts LLP Thames House, Mere Park, Dedmere Road, Marlow, United Kingdom, SL7 1PB
Laws of England and Wales, excluding both CISG and conflict of laws provisionsEngland and Wales
Any other countryCamunda Services GmbH
Zossener Strasse 55-58, 10961 Berlin, Germany
Laws of England and Wales, excluding both CISG and conflict of laws provisionsEngland and Wales