Master service agreement

Who this agreement is between

This agreement is between easythings and the organization named in an order (the "customer"). It applies to every paid plan (Team, Business and Enterprise), whether the order is signed or accepted online. The Free plan and this website are covered by our Terms of service alone.

How the documents fit together

Each order sets the plan, the number of users, where the service runs, the billing period and the price. The Data processing agreement forms part of this agreement and covers the personal data we process for the customer. If two documents disagree, the order prevails, then the data processing agreement on personal data, then this agreement, then the Terms of service.

The service

easythings runs the tools a customer's people have built and gives each one an address, sign-in through the customer's identity provider, storage, roles and a record of every deploy. It runs in one of two ways, chosen in the order:

• in cloud we provision, in the European Union region the customer picks, where we host the tool and its data;
• self-hosted, in the customer's own cloud account, where the tool and its data stay in that account and we run only the control plane: users, roles and the deploy record.

easythings does not write the customer's tools and is not responsible for what their code does.

Term and renewal

An order runs for the billing period it states, monthly or yearly, and renews for the same period unless either party gives notice before the period ends: 30 days' notice for a yearly order, or by the end of the current month for a monthly one.

Fees and payment

Fees are per user and billed in advance for each billing period. Invoices are due within 30 days. Prices exclude VAT and other taxes, which are added where they apply. A price change is announced at least 30 days ahead and takes effect at the next renewal. When the service is self-hosted, the customer pays its cloud provider directly for the resources in its account; our fees cover easythings only.

What the customer is responsible for

• who it grants access to, and what those people do with it;
• the code and content of its tools, and having a lawful basis for the data they hold;
• its identity provider and, when self-hosted, the security and bill of its own cloud account;
• using the service within the acceptable use rules in the Terms of service.

What easythings is responsible for

• running the service with reasonable skill and care, as described on the What's included page and in the order;
• keeping the security measures in the data processing agreement in place;
• support at the level of the plan: email for Team, priority for Business, and the contractual SLA in the order for Enterprise.

Data and ownership

The customer's code, and the data its tools hold, belong to the customer. We process that data only to provide the service, as the data processing agreement sets out. easythings itself, including the platform, its software and its documentation, belongs to us; the order grants the customer the right to use it during the term. We may use counts of usage, such as users, tools and deploys, to run, bill and secure the service. We never use the contents of a tool for this.

Confidentiality

Each party keeps the other's non-public information confidential, uses it only for this agreement and shares it only with people who need it and are bound to the same duty. This lasts for three years after the agreement ends, and for as long as the information stays secret for trade secrets. It does not cover information that is public, already known, independently developed or required by law to be disclosed.

Suspension

We may suspend a tool that puts other customers or the service at risk, or breaches the acceptable use rules, and we tell the customer why straight away. We may suspend the service for an invoice unpaid 15 days after a reminder. We lift a suspension once its cause is fixed.

Ending the agreement

Either party may end this agreement if the other materially breaches it and does not fix the breach within 30 days of written notice. When it ends, tools stop serving. The customer can export the data people entered, the deploy record and its code for 30 days after the end, and we then delete what we hold as the data processing agreement describes. Resources in the customer's own cloud account stay there and remain the customer's.

Warranties

Each party confirms it has the authority to enter this agreement. Beyond what this agreement and the order promise, the service is provided as it stands, without a warranty that it will be uninterrupted or error-free.

Limitation of liability

Neither party is liable for indirect or consequential loss, or for lost profit, revenue or data that could have been restored from the customer's own copies. Each party's total liability under this agreement is capped at the fees paid and payable in the twelve months before the claim. These limits do not apply to fees owed, to breaches of confidentiality, to wilful misconduct or gross negligence, or to anything the law does not allow to be limited.

Governing law

Portuguese law governs this agreement, and the courts of Lisbon have exclusive jurisdiction over any dispute, unless the law gives the customer a right to another forum.

General

• Notices are given in writing, email included, to the contacts in the order.
• Neither party may transfer this agreement without the other's consent, except to a successor of its business.
• Neither party is liable for delays caused by events beyond its reasonable control.
• We may update this agreement by announcing changes at least 30 days ahead; they apply to an order from its next renewal.
• This agreement, the orders and the data processing agreement are the whole agreement on their subject.

Contact

Questions about this agreement? Contact us on WhatsApp.