1. General

The Celonis Community portal shall comprise of the community.celonis.com website and all content and services available at or through the Celonis Community portal (the "Community"). The Community is hosted and owned by Celonis. All of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Celonis Privacy Policy and Community Guidelines) and procedures that may be published from time to time on the Community by Celonis (collectively, the ("Terms of Use") shall govern your account. If you do not agree to all the Terms of Use, then you may not access the Community. Celonis reserves the right, at its sole discretion, to modify or replace any part of these Terms of Use at any time.

2. Your Community Account

You must be at least eighteen (18) years old or the age of majority in your jurisdiction to use and participate in the Community. By registering for a Community account, by using or visiting the Community, you are subject to the Terms of Use. You are responsible for maintaining the confidentiality and security of your Community password and account and assume all liabilities and responsibilities for any and all activities that occur under your account. Celonis does not require that you provide personal information, the decision to provide personal information is voluntary. However, in order to register for an account with the Celonis Community, you must provide personal information. By providing your personal information to Celonis, you consent to the collection, processing and storage by Celonis of your personal information in accordance with the terms of the Celonis Privacy Policy. Celonis reserves the right to refuse access to the Community to anyone, at any time, without notice, and for any reason. Celonis will not be liable to you or any third party for any claims or actions arising or resulting from your use, visit, or participation in the Community and for any modification, suspension, or termination of the Community, or termination of your access to the Community.

3. Contributions

As a user of the Community you can participate by creating, providing, sharing and uploading information to the Community such as comments, ideas or suggestions for new or improved software features, technologies, data, articles, documents, discussion forum threads, etc. (the "Contributions"). Contributions in the Community are subject to these Terms of Use. Celonis assumes no responsibility or liability over the sharing of Contributions among users.

4. Responsibility of Contributors

If you post Contributions to the Community, post links on the Community, or otherwise make (or allow any third party to make) material available by means of the Community you are entirely responsible for the content of, and any harm resulting from, that Contribution. By making Content available, you agree to:

  • Not engage in any unlawful conduct in the Community. In particular, do not post, publish, or distribute any defamatory, offensive, obscene, infringing or other unlawful material or information in the Community.

  • Not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.

  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Contribution, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Contribution;

  • Not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.

  • Not falsely impersonate any other person in the forum, including Celonis employees or agents.

  • the Contribution is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).

  • Do not attempt to gain unauthorized access to any portion of the Celonis websites any other accounts, computer systems, or networks connected to the Celonis websites, whether through hacking, password mining, or any other means.

  • Celonis reserves the right to remove at any time, without notice, any Contribution that violates these guidelines. Celonis also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct from any Community pages.

  • Some participants may post internet website links in the Community pages. Celonis is not responsible for the content on the websites associated with these links.

5. Rights and Liability

Celonis does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the Community. However, you hereby grant:

  1. Others the right to reproduce Contributions that do not constitute sample code, source code, scripts, patches, bug fixes, binaries or executables (“Software”) under the Creative Commons Attribution-NonCommercial license http://creativecommons.org/licenses/by-nc/3.0/.

  2. You also grant Celonis and all users of the Community the permission to use your Contributions in other areas of the Community.

  3. Celonis a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license under all your Intellectual Property Rights, including (A) a copyright license to use, reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute such Contributions and derivative works as well as (B) a patent license to make, have made, use, offer to sell, sell, import, export, and otherwise transfer or sublicense such Contributions.

For "Attribution" under the Creative Commons license, it is required and sufficient to provide with the reproduced content a link to or URL of the Community page containing the source Contribution. Celonis reserves the right to display attribution links such as ‘Powered by celonis.com,’ theme author, and font attribution in your content footer.

All Contributions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Contributions that you download. All Contributions are deemed be provided on a non-confidential basis. Celonis is under no obligation to and does not control the Contributions created, provided or uploaded to the Community. The nature of some Contributions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Celonis reserves the right to take down and remove Contributions that are flagged by users or deemed by Celonis as objectionable. However, Celonis is under no duty to take down or remove any Contributions.

Use of the Community and these Terms of Use do not transfer from Celonis to you any Celonis or third party intellectual property, and all right, title and interest in and to such property will remain solely with Celonis. Celonis, celonis.com, the Celonis logo, and all other trademarks, service marks, graphics and logos used in connection with celonis.com, or the Community are trademarks or registered trademarks of Celonis. Other trademarks, service marks, graphics and logos used in connection with the Community may be the trademarks of other third parties. Your use of the Community grants you no right or license to reproduce or otherwise use any Celonis or third-party trademarks.

6. Indemnification and Limitation of Liability

The following applies if you access the Community from outside the EU:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CELONIS, ITS AFFILITES, SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES AND LICENSORS (THE “CELONIS ENTITIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE COMMUNITY; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON,THROUGH, OR ASSOCIATED WITH THE COMMUNITY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE COMMUNITY; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CELONIS ENTITIES EXCEED THE GREATER OF ONE THOUSAND U.S. DOLLARS (U.S. $1000.00)

The following applies if you access the Community from within the EU:

UNDER ANY THEORY OF LIABILITY, CELONIS, ITS AFFILIATES AND SUBSIDIARIES SHALL ONLY BE LIABLE IN THE FOLLOWING CASES: (I) ANY MANDATORY LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAWS; (II) GROSS NEGLIGENCE AND WILFUL MISCONDUCT; (III) PERSONAL INJURY OR DEATH RESULTING FROM CELONIS’ OR ITS AFFILIATES’ OR SUBSIDIARIES NEGLIGENCE OR WILFUL MISCONDUCT; OR (IV) SLIGHTLY NEGLIGENT BREACH OF A SIGNIFICANT CONTRACTUAL OBLIGATION (AN OBLIGATION WHOSE COMPLETION ALLOWS FOR A PROPER PERFORMANCE OF THIS TOU AND IN WHOSE COMPLIANCE WITH YOU CAN GENERALLY TRUST). IN THIS CASE, CELONIS’ OR ITS AFFILIATES’ OR SUBSIDIARIES’ LIABILITY SHALL BE LIMITED TO SUCH DAMAGES WHICH ARE TYPICAL FOR THIS TYPE OF AGREEMENT AND PREDICTABLE AT THE POINT IN TIME OF THESE TO ENTERING INTO FORCE.

IN ALL OTHER CASES, NEITHER CELONIS NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGES OR CLAIMS HEREUNDER.

7. Copyright Infringement and DMCA Policy

Celonis respects the intellectual property rights of others, and we ask our Community members to do the same. If you believe that your copyrighted work has been copied and is accessible on a Celonis web site or Community site in a way that constitutes copyright infringement, please send a notice to our copyright agent providing the following information:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf

  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity

  • A description of where the material that you claim is infringing is located, such as the URL where it is posted

  • Your name, address, telephone number, and email address

  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law

  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

Celonis’s copyright agent for notice of claims of copyright infringement can be reached as follows. Note: This contact information is solely for reporting copyright infringement.

Celonis SE
Attn: CFO
Email: cfo@celonis.com
Theresienstrasse 6

80333 Munich, Germany
Germany

8. Applicable Law

The following applies if you access the Community from outside the EU:

New York law will govern these Terms of Use without giving effect to any principles of conflicts of laws. All claims, legal proceedings, or litigation arising in connection with the Community will be brought solely in the federal or state courts located in New York City, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You also agree to comply with all applicable export control laws as set forth under the Export Control Section below which are applicable to the transmission of data on the internet, including, but not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

The following applies if you access the Community from within the EU:

The laws of Germany will govern these Terms of Use without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with these shall be Munich, Germany.