Terms and Conditions – Thymis Cloud
1. Scope of Application
1.1 These Terms and Conditions (“Terms”) apply to the use of the online service Thymis Cloud provided by
Udysseus GmbH
Technologiepark 6
33100 Paderborn, Germany
Commercial Register: HRB 16976, Local Court Paderborn
VAT ID: DE367259893
Managing Director: Adrian Block
(hereinafter referred to as “Provider”), by both consumers (§ 13 German Civil Code – BGB) and business customers (§ 14 BGB).
1.2 Deviating terms and conditions of the Customer are not accepted unless expressly approved in writing by the Provider.
1.3 These Terms apply only to Thymis Cloud (SaaS). The Self‑Hosted version and any individual support contracts are subject to separate agreements.
2. Subject Matter of the Agreement
2.1 The Provider makes available, via the Internet, the “Thymis Cloud” service, which allows the Customer to manage, configure, update, and monitor IoT devices.
2.2 Features include, among others: device provisioning, over‑the‑air (OTA) updates, deployments, monitoring, management of secrets/artifacts, VNC access, and container management as described in the documentation.
2.3 The Customer obtains only the right to use the platform. There is no entitlement to receive or download the server‑side or controller software.
3. Conclusion of Contract
3.1 Use of the service requires registration at https://thymis.cloud/onboarding.
3.2 By clicking the “order with obligation to pay” button, the Customer makes a binding offer to conclude a usage agreement at the displayed price.
3.3 The Provider accepts this offer by providing the Customer with an individual Thymis instance, accessible via a customer‑specific URL. Only at this point is the contract concluded.
4. Prices and Payment Terms
4.1 Pricing:
- Base plan: EUR 30/month (net) including 5 devices
- Each additional device: +EUR 3/month (net)
4.2 All prices are exclusive of the applicable statutory VAT.
4.3 Payments are due monthly in advance via Stripe (credit card required).
The contract runs for an indefinite term and may be terminated by either Party at any time with effect at the end of the then‑current billing month.
4.4 Price changes: The Provider may adjust prices with at least 1 month’s prior notice before they take effect.
Unless the Customer objects, the new prices are deemed accepted. If the Customer objects, the agreement automatically ends at the end of the already paid billing month.
5. Customer Obligations / Acceptable Use
5.1 The Customer must provide accurate and complete information when registering and using the service.
5.2 The Customer represents and warrants that they upload to their Thymis instance only content/material for which they hold all necessary rights of use.
5.3 The following actions are prohibited:
- Uploading or spreading malware
- Misusing the platform (e.g., API overuse, injection attacks, attempts to break out of the Thymis interface)
- Using the service for unlawful purposes
5.4 The Customer is solely responsible for the physical and logical security of the devices they manage.
5.5 Fair‑Use Traffic: Data transfer between the Thymis instance, the devices, and other endpoints designated by the Customer is subject to a fair‑use principle. Should excessive usage cause additional costs for the Provider’s hosting partner, the Provider may pass these costs on to the Customer.
6. Availability and Support
6.1 The Provider delivers services on a best‑effort basis.
No guaranteed availability levels (SLAs) are provided.
6.2 Support is available by e‑mail.
Response times: usually within 1 business day, but no later than 3 business days after receipt of the request.
7. Data Protection, Data Processing
7.1 The Provider processes personal data exclusively in compliance with applicable data protection laws (GDPR, BDSG).
7.2 Servers are hosted in Germany (Hetzner Online GmbH).
7.3 A Data Processing Agreement in accordance with Art. 28 GDPR can be concluded upon request.
7.4 Further details are provided in the Privacy Policy at link to privacy policy.
8. Liability and Warranty
8.1 The Provider shall be fully liable in cases of intent and gross negligence, for damages resulting from injury to life, body, or health, and under the provisions of the German Product Liability Act.
8.2 In cases of simple negligence, the Provider shall only be liable for breach of a fundamental contractual obligation (“cardinal obligation”), limited to the foreseeable and typical damage for this type of contract and capped at a maximum equal to the fees paid by the Customer for the 12 months preceding the damaging event.
8.3 Any further liability is excluded.
The Provider gives no warranty as to the error‑free operation of the software or the achievement of specific results.
9. Term and Termination
9.1 The agreement runs for an indefinite term. Both Parties may terminate at any time with effect at the end of the current billing month.
9.2 The right to terminate without notice for cause remains unaffected, including in cases of:
- Material breach of contract
- Repeated misuse of the service
- Payment default exceeding 30 days
9.3 Upon termination:
- All devices will be disconnected
- The project and associated data will be deleted after expiry of any statutory retention requirements
- Before deletion, the Customer will be given the option to self‑export their data
10. Right of Withdrawal for Consumers
10.1 Consumers have a statutory right of withdrawal in accordance with §§ 355 ff. German Civil Code (BGB).
10.2 Details and the withdrawal form can be found here: link to withdrawal form.
11. Intellectual Property
11.1 The server and controller components used in Thymis Cloud are partly based on open‑source software licensed under the AGPL 3.0.
This licence applies only to the publicly available open‑source components, not to the SaaS service itself.
11.2 Content, code, or binaries uploaded or deployed by the Customer remain the property of the Customer.
12. Final Provisions
12.1 These Terms are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2 If the Customer is a merchant, legal entity under public law, or special fund under public law, Paderborn, Germany shall be the exclusive place of jurisdiction for all disputes arising from this contract.
12.3 The contract language is German. An English translation may be provided for information purposes; in case of conflict, the German version shall prevail.