General Terms and Conditions (Terms of Service)
Okeano GmbH, Wiedenbrücker Straße 53, 59555 Lippstadt, Germany
Version 1.0 - Effective 31 July 2026
1. Scope, Parties, Business Customers Only
1.1 These General Terms and Conditions ("Terms") govern the provision of the pylo platform ("pylo" or the "Service") by Okeano GmbH ("Okeano", "we", "us") to its customers ("Customer", "you").
1.2 The Service is offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law. It is not offered to consumers within the meaning of Section 13 BGB. By registering, you represent that you are entering into this contract in the exercise of your commercial or independent professional activity. Founders and freelancers qualify as entrepreneurs even before a business registration or company formation has been completed.
1.3 Where you register on behalf of a legal entity, you represent that you are authorised to bind that entity, and "Customer" means that entity.
1.4 Deviating, conflicting or supplementary terms of the Customer do not become part of the contract, even if we perform without express objection. They apply only if we have expressly agreed to them in writing.
1.5 Individual agreements concluded in writing between the parties (including Enterprise order forms) take precedence over these Terms (Section 305b BGB).
1.6 The binding language of these Terms is English. Translations are provided for information only.
2. Definitions
Account - the user account through which the Service is accessed.
Workspace - the billing and isolation unit within pylo. Each Workspace is subject to its own Plan.
Customer Data - all data, content, data models, schemas, flow definitions, files and other materials that the Customer or its Authorised Users transmit to, store in or generate within the Service.
Authorised User - any natural person to whom the Customer grants access to a Workspace.
Plan - the subscription tier (Free, Starter, Team, Enterprise) as described at https://pyloapp.com/pricing.
Documentation - the technical documentation published at https://docs.pyloapp.com.
Personal Data, Controller, Processor - as defined in Art. 4 GDPR.
AUP - the Acceptable Use Policy in Annex A.
SLA - the Service Level Agreement in Annex B.
3. Conclusion of Contract, Registration
3.1 The presentation of the Service and of Plans on our website does not constitute a binding offer. The contract is concluded either
(a) by the Customer completing the registration form, confirming acceptance of these Terms, and our confirmation of registration (self-service); or
(b) by the parties signing an order form or written offer (Enterprise and individually negotiated agreements).
3.2 During the private beta phase, registration additionally requires our approval of an access request. The beta phase concerns access control only; the Service is otherwise provided in full production quality and subject to these Terms without restriction.
3.3 The Customer must provide accurate and complete registration data and keep it up to date. Access credentials must be kept confidential. The Customer is responsible for all activity carried out through its Account and Workspaces, including the activity of its Authorised Users.
3.4 We may require verification of entrepreneur status and of a valid VAT identification number.
4. Scope of Services
4.1 pylo is a Backend-as-a-Service platform. It generates GraphQL APIs from visual data models and provides, depending on the Plan, a flow builder, authentication and permission management, typed SDKs, file storage and related functions. The functional scope is determined by the Documentation and the Plan description in force at the time the contract is concluded.
4.2 All Plans include all features. Plans differ only in included usage allowances. Users, API requests, data changes and file uploads are unmetered on every Plan, subject to Section 4.9 (fair use).
4.3 We continuously develop the Service. We may modify, extend or discontinue individual functions where this is reasonable for the Customer, taking into account our legitimate interests.
4.4 Changes that do not impair the functionality owed, and changes required for security reasons or by law, may be implemented without prior notice.
4.5 Where a change requires the Customer to adapt its own integrations ("breaking change"), we will announce it in the Documentation changelog and by email to the Account's administrative contact, giving advance notice appropriate to the expected impact of the change. In assessing what is appropriate, we take into account the extent of the adaptation required, the number of customers affected, and the availability of a migration path. Where a documented public API is removed in its entirety, the notice period will not be less than 30 days, unless security requirements or legal obligations make a shorter period necessary.
4.6 We will not make inaccessible or delete Customer Data as part of any product change without providing a migration path or an export opportunity of at least 30 days.
4.7 We provide the Service up to the demarcation point of our own infrastructure. The Customer's internet connection, end devices, browsers and any software the Customer develops on top of the Service are not part of the Service.
4.8 Support is provided in accordance with Section 4 of Annex B.
4.9 Fair use of unmetered resources.
(a) Users, API requests, data changes and file uploads are not metered and are not subject to a quota. This is a genuine commitment and not a hidden allowance: ordinary use of the Service - including sustained high request volumes from production applications - is covered by the Plan fee without additional charge.
(b) Unmetered does not mean unlimited in the technical sense. We apply rate limits and resource limits published in the Documentation in order to protect the stability of the platform for all customers. These limits are set at a level at which ordinary application use is not impaired. We will announce changes to published limits that are unfavourable to the Customer in accordance with Section 4.5.
(c) Beyond the published limits, we may take proportionate measures where a Workspace's use of unmetered resources, over a sustained period, consumes a multiple of the resources typically consumed by comparable Workspaces on the same Plan, and thereby materially impairs, or is objectively liable to impair, the performance of the platform for other customers. Typical causes are unintended request loops, inefficient queries over large data volumes, or automated load that does not correspond to actual application use.
(d) In such a case we will proceed as follows: (i) we notify the Customer in text form, describing the specific consumption, the comparison figure and the cause identified; (ii) we set the Customer a reasonable period of at least 14 days to remedy the cause, and offer technical support in doing so; (iii) only if the cause is not remedied within that period may we throttle the Workspace, or offer the Customer a change to a Plan or an individual agreement that reflects the actual consumption. Where the impairment is acute and severe, we may throttle immediately and notify the Customer without undue delay; the immediate measure is limited to what is necessary to restore stable operation.
(e) We will not invoke this Section in order to charge additional fees retrospectively for use that has already occurred.
5. Free Plan
5.1 The Free Plan is provided free of charge, for an indefinite period, and without any service level commitment. Sections 12 (Warranty) and Annex B (SLA) do not apply to the Free Plan.
5.2 We may modify, restrict or discontinue the Free Plan at any time with 30 days' notice by email. Section 4.4 applies accordingly.
5.3 If a Free Plan Workspace records no login for 90 consecutive days, we may delete it. We will notify the Account's administrative contact by email and delete no earlier than 14 days after that notice. During this period the Customer may export its data or upgrade to a paid Plan.
5.4 We may suspend Free Plan Workspaces without prior notice in the event of AUP violations (Annex A).
6. Fees, Metering and Payment
6.1 The fees for the Plans and the overage rates for metered usage are those published at https://pyloapp.com/pricing at the time the contract is concluded. All prices are exclusive of statutory value added tax. Fees are stated per Workspace per month.
6.2 Three usage meters are billed beyond the allowances included in the Plan:
Meter | Definition | Overage rate |
|---|---|---|
Flow actions | one executed step within an automated flow | € 1.00 per 1,000 |
Records | rows across all entities of the Workspace | € 10.00 per additional 100,000 per month |
File storage | data volume stored | € 0.025 per GB |
File traffic | data volume delivered | € 0.09 per GB |
Users, API requests, data changes and file uploads are not metered.
6.3 The usage figures displayed in the Workspace usage dashboard are the basis for billing. The Customer may object to a usage statement in text form within 30 days of receipt of the relevant invoice. We will re-examine the underlying metering data. Timely objection suspends the due date of the disputed amount only.
6.4 The Customer may set a spend cap for a Workspace. Once the cap is reached, we are entitled to throttle or suspend metered functions of that Workspace until the Customer raises the cap or the next billing period begins. The Customer is responsible for the consequences of such throttling.
6.5 The billing period is one (1) month. The first billing period begins when the paid plan is activated; each subsequent period begins on the same day of the following month (the "billing anchor"). If a month does not contain the anchor day, the period ends on the last day of that month; the anchor day applies again in the following months.
6.5a Plan fees are due in advance and are invoiced at the start of each billing period. Included usage allowances reset at the start of each billing period and do not carry over.
6.5b Where the Customer's metered usage in a billing period substantially exceeds the level of previous periods, or where the Customer has been in default of payment on two or more occasions, we may require advance payment or the deposit of a valid payment method for future periods. We will notify the Customer of this at least 14 days before the start of the period concerned.
6.6 In the event of late payment, we are entitled to statutory default interest (Section 288 (2) BGB) and to a lump sum of € 40 pursuant to Section 288 (5) BGB.
6.7 The Customer may set off only against claims that are undisputed or have been finally determined by a court, and may exercise a right of retention only based on claims arising from the same contractual relationship.
6.8 Changes to fees.
(a) Because the contract term is one month (Section 7.1), we do not adjust the fee for a running term. Instead, we may set new fees, new Plan allowances and new overage rates with effect from the start of a subsequent term.
(b) We will notify the Customer of the new fees in text form at least 30 days before the start of the term from which they apply. The notification states the previous fee, the new fee and the date from which it applies.
(c) The Customer may, as always, terminate in accordance with Section 7.2 and thereby avoid the new fees. No separate right of termination is required or granted, and no percentage threshold applies. Continued use of the Service after the new fees take effect constitutes acceptance.
(d) Fees for terms already begun remain unaffected. Retroactive fee increases are excluded.
(e) For Enterprise agreements with a fixed term of more than one month, fee changes take effect only at the earliest possible ordinary termination date, unless the order form provides otherwise.
7. Term, Renewal and Termination
7.1 Unless an individual agreement provides otherwise, paid Plans have a term of one (1) month, beginning on the day the Plan is activated.
7.2 The contract renews automatically for successive one-month terms unless terminated by either party before the end of the current term.
7.3 Enterprise agreements are governed by the term and notice periods agreed in the relevant order form.
7.4 The Free Plan may be terminated by either party at any time without notice, subject to Section 5.3.
7.5 Notice of termination must be given in text form (email to hello@pyloapp.com is sufficient) or through the termination function in the Workspace settings.
7.6 The right of both parties to terminate for cause remains unaffected. Good cause exists for us in particular where the Customer
(a) is in default of payment as set out in Section 8;
(b) commits a material breach of the AUP (Annex A) or of the Code of Conduct (Annex C) and fails to remedy it within a reasonable period set by us, or where setting such a period is unreasonable in the circumstances;
(c) uses the Service in a manner that endangers the integrity, security or availability of the platform or of other customers;
(d) becomes insolvent, ceases payments, or an application is made to open insolvency proceedings over its assets, unless mandatory insolvency law provides otherwise;
(e) is subject to a legal prohibition, in particular under sanctions or export control law, that prevents us from providing the Service.
7.6a We may further terminate for cause where a provider of infrastructure essential to the provision of the Service permanently discontinues that service to us and no equivalent replacement can be procured on reasonable terms. In that case we will give the Customer as much notice as possible, and will refund fees already paid for the unused period pro rata.
7.7 Termination of an individual Workspace does not affect other Workspaces of the Customer.
8. Payment Default, Suspension and Deletion
8.1 If the Customer is in default of payment, the following escalation applies, calculated from the due date under Section 6.5:
Day | Measure |
|---|---|
30 | Suspension of the affected Workspace. Read access for export purposes remains available. First reminder. |
44 | Second reminder with express warning of deletion. |
58 | Deletion of the Workspace and of all Customer Data contained in it. |
8.2 Reminders are sent to the administrative contact stored in the Account. The Customer is responsible for keeping that address current and monitored.
8.3 Suspension does not affect the Customer's obligation to pay the fees for the current term.
8.4 We will restore a suspended Workspace without undue delay once all outstanding amounts have been received.
8.5 Deletion under Section 8.1 is irreversible and includes deletion from backups in accordance with Section 9.4.
9. Customer Data, Export and Deletion
9.1 As between the parties, the Customer retains all rights to its Customer Data. The Customer grants us the non-exclusive, worldwide right, limited to the term of the contract, to host, store, transmit, reproduce and process Customer Data to the extent necessary to provide the Service, to perform backups and to provide support.
9.2 The Customer is responsible for the lawfulness of the Customer Data and for having the necessary rights and legal bases. The Customer is responsible for ensuring that the Customer Data are free of malware.
9.3 The Customer may export its Customer Data at any time during the term through the GraphQL API and the export functions of the Service. We provide export in structured, commonly used, machine-readable formats. There is no separate charge for export; metered usage caused by export is billed under Section 6.
9.4 Upon the end of the contract, we will retain the Customer Data for a further 30 days to allow export, and will then delete them from the production systems. Backups containing the data are overwritten in the ordinary backup rotation within a further 14 days. Section 9.5 remains unaffected.
9.5 We remain entitled and, where applicable, obliged to retain data to the extent required by statutory retention obligations, in particular invoicing data under Section 147 of the German Fiscal Code (AO) and Section 257 of the German Commercial Code (HGB). Such data are blocked against further processing.
9.6 Aggregated Data. We are entitled to generate aggregated and anonymised information from the use of the Service (for example performance metrics, error rates, usage distributions) and to use it without restriction as to time or purpose, in particular to operate, secure, analyse and further develop the Service and to produce statistics. Aggregated Data contain no personal data and do not permit any conclusions to be drawn about the Customer, its Authorised Users or its Customer Data. We will not disclose Aggregated Data in a form that identifies the Customer without the Customer's consent.
10. Rights of Use, Intellectual Property
10.1 For the term of the contract, we grant the Customer the non-exclusive, non-transferable right, limited in time to the term, to use the Service for its own business purposes and for the purposes of its own customers, within the scope of the Plan booked.
10.2 All rights in the platform, its software, its architecture, its documentation and our trade marks remain with us. No rights are granted beyond those expressly set out in these Terms.
10.3 The Customer owns the data models, schemas, flow definitions and the SDK code generated for its Workspace, to the extent these are the result of the Customer's own configuration. We grant the Customer an unrestricted, perpetual, irrevocable right to use the generated artefacts, including after the end of the contract.
10.4 The Customer may not reverse engineer, decompile or disassemble the Service, except to the extent permitted by mandatory statutory law. Sections 69d and 69e of the German Copyright Act (UrhG) remain unaffected.
10.5 Benchmarking is only permitted on request. The Customer may measure the performance of the Service only with prior written consent. Consent will not be unreasonably withheld; we will normally agree a time window, a scope and a rate limit with the Customer. We may refuse or postpone tests where operational reasons require it, and we may throttle or block tests carried out without consent. The Customer is allowed publish the results of authorized benchmarks, provided the measurement methodology is disclosed together with the results.
10.6 References and customer logos.
(a) We may name the Customer as a user of pylo and use its company name, its word mark and its logo for reference purposes - in customer lists on our website, in presentations and pitch decks, in offers to third parties, and in our own marketing materials.
(b) The Customer may object to this at any time, in text form, without giving reasons. An objection may be made before first use or at any time thereafter, and takes effect for the future. Following an objection, we will remove the Customer's name and logo from all materials under our control within 14 days. Printed materials already produced and third-party publications already distributed are excepted; we will not reproduce them further.
(c) Before first use, we will inform the Customer's administrative contact in text form and allow a period of 14 days for objection. If no objection is received within that period, we may use the name and logo in accordance with paragraph (a). This notice is not required where the Customer has already given its consent expressly.
(d) The right of use extends solely to the factual statement that the Customer uses pylo. It does not cover:
statements attributed to the Customer or to individuals (quotations, testimonials, case studies),
any representation suggesting the Customer's endorsement, cooperation or partnership beyond the use of the Service,
use in a context that could damage the Customer's reputation,
use after the end of the contract, save that we may state factually that the Customer was previously a user, for a period of 12 months.
For each of these, we will obtain the Customer's separate consent in text form.
(e) We will observe any brand guidelines of the Customer notified to us, and will use the logo without alteration other than proportionate scaling and adaptation to the background.
(f) Where the Customer is a natural person (in particular a sole trader or freelancer) and the company name contains that person's name, we will use the name for reference purposes only with prior express consent. Paragraphs (b) and (c) do not apply in that case.
(g) Neither party may otherwise use the trade marks of the other party without prior consent in text form.
10.7 Feedback. Where the Customer, its Authorised Users or its employees provide us with suggestions, ideas, feature requests, bug reports or other comments on the Service ("Feedback"), we may use, implement and commercially exploit that Feedback without restriction as to time, territory or content, and free of charge. The Customer is not obliged to provide Feedback. We will not identify the Customer as the source of Feedback without its consent. This Section does not grant us any rights to Customer Data or to the Customer's own products.
10.8 Artificial intelligence.
(a) We do not use Customer Data to train, fine-tune or otherwise improve any AI or machine learning model, and we do not permit any third party to do so. This applies without exception and irrespective of the Plan. Any departure from this requires the Customer's prior consent in text form, which may be revoked at any time.
(b) Where we make AI-supported functions available within the Service, we will identify them as such and disclose in the Documentation which model providers are involved and where the processing takes place. Any such function which transmits Customer Data to a third party will require activation by the Customer; it will not be enabled by default.
(c) The output of AI-supported functions may be inaccurate or incomplete. The Customer will review such output before relying on it, and will not treat it as legal, tax, security or other professional advice. Our liability for the substantive correctness of AI output is limited in accordance with Section 13.
(d) Where the Customer integrates AI services of its own into its Workspace, the Customer alone is responsible for that processing, including under data protection law.
11. Customer Obligations; Acceptable Use
11.1 The Customer will comply with the Acceptable Use Policy set out in Annex A and with the Code of Conduct set out in Annex C, both of which form an integral part of these Terms, and will ensure that its Authorised Users do the same.
11.2 In the event of a violation of the AUP or the Code of Conduct, we may, at our discretion and in proportion to the severity of the violation: request removal of the offending content, restrict individual functions, suspend the affected Workspace, or terminate for cause under Section 7.6. Where reasonably possible, we will notify the Customer in advance and give it the opportunity to remedy the violation or to comment.
11.3 We may suspend a Workspace without prior notice where this is necessary to avert an imminent threat to the security, integrity or availability of the platform, to comply with a legal obligation, or in the case of manifestly unlawful content. We will inform the Customer without undue delay and state the reasons.
11.3a We may further suspend a Workspace where
(a) the Customer is in default of payment in accordance with Section 8;
(b) there are concrete indications of fraudulent or unlawful use;
(c) the Customer has become insolvent within the meaning of Section 7.6 (d);
(d) the provision of the Service to the Customer is prohibited by law, in particular under sanctions or export control law; or
(e) a provider of infrastructure essential to the provision of the Service has suspended or terminated our access to it.
We will limit any suspension to what is necessary, will restore access without undue delay once the cause has ceased, and will keep read access for export purposes available wherever technically and legally possible.
11.4 Third-party services. Where the Customer integrates third-party services into its Workspace (for example via flows, webhooks, external APIs or its own client applications), those services are subject to their own terms. We are not a party to them, do not owe their availability or functionality, and are not liable for them. The Customer warrants that it holds the rights required for the transmission of data to and from such services.
11.5 The Customer will indemnify us against all third-party claims arising from Customer Data or from the Customer's use of the Service in breach of contract, including reasonable costs of legal defence, unless the Customer is not responsible for the breach of duty. We will notify the Customer of any such claim without undue delay and will not acknowledge it without the Customer's consent.
11.6 Restricted data categories.
(a) The Customer may not store or process payment cardholder data within the meaning of the PCI DSS in the Service without our prior consent in text form.
(b) The Customer may process special categories of personal data within the meaning of Art. 9 GDPR, in particular health data, subject to the conditions set out in Annex 1 of the DPA, in particular the obligation to notify us in advance.
(c) The Customer will inform us before storing data whose loss or disclosure would foreseeably lead to damage exceeding the liability cap under Section 13.3, so that we may agree suitable additional measures with the Customer.
11.7 Export control and sanctions. The Customer will comply with all applicable export control, sanctions and embargo provisions of the European Union, the Federal Republic of Germany and, where applicable, other relevant jurisdictions. The Customer will not make the Service available, directly or indirectly, to persons, entities or countries subject to restrictive measures, and warrants that it is not itself subject to such measures.
12. Warranty
12.1 We provide the Service in accordance with these Terms, the Documentation and Annex B. The statutory provisions on rental law (Sections 535 et seq. BGB) apply to the paid Plans, subject to the following.
12.2 Strict liability for defects existing at the time of conclusion of the contract pursuant to Section 536a (1) alternative 1 BGB is excluded.
12.3 The Customer will report defects without undue delay in text form, with a description that allows reproduction.
12.4 Insignificant impairments of usability do not constitute a defect. Minor deviations from the Documentation and temporary unavailability within the tolerances of Annex B do not constitute a defect.
12.5 The Free Plan and any functions expressly designated as "experimental", "preview" or "alpha" in the Documentation are provided without warranty as to quality, to the extent legally permissible; Section 13 remains unaffected.
13. Liability
13.1 We are liable without limitation
(a) for intent and gross negligence;
(b) for injury to life, body or health;
(c) under the German Product Liability Act (ProdHaftG);
(d) in cases of fraudulent concealment of a defect; and
(e) to the extent we have assumed a guarantee.
13.2 In cases of slight negligence, we are liable only for breach of a material contractual obligation (an obligation the fulfilment of which is essential to the proper performance of the contract and on the observance of which the Customer regularly relies). In such cases liability is limited to the damage typical for this type of contract and foreseeable at the time of conclusion of the contract.
13.3 Aggregate liability under Section 13.2 is limited, per contract year, to the total fees paid by the Customer in the twelve (12) months preceding the event giving rise to the damage. For the Free Plan, this amount is € 0; Section 13.1 remains unaffected.
13.4 Loss of data. Our liability for loss of data is limited to the effort required to restore the data from backups that the Customer would have maintained had it exercised proper care. This limitation does not apply where the loss results from our failure to perform the backups owed under Annex B.
13.5 Liability for the availability of the Service is governed by Annex B. The service credits under Annex B, Section 3, are the exclusive remedy for a shortfall against the agreed availability target. Claims under Section 13.1 remain unaffected.
13.6 The above limitations also apply in favour of our employees, bodies, representatives and vicarious agents.
13.7 Claims of the Customer against us other than those under Section 13.1 become time-barred twelve (12) months after the statutory commencement of the limitation period.
14. Data Protection
14.1 Where we process personal data on behalf of the Customer within the meaning of Art. 28 GDPR, the Data Processing Agreement (DPA) applies, which is available at https://pyloapp.com/legal/dpa and forms an integral part of this contract. It is concluded together with these Terms; no separate signature is required, although we will provide a signed copy on request.
14.2 In relation to Customer Data, the Customer is the Controller and we are the Processor. The Customer is responsible for the lawfulness of the processing, for the legal bases, for information obligations towards data subjects and for the fulfilment of data subject rights; we support the Customer in accordance with the DPA.
14.3 Our processing of the Customer's own data (contract, billing, support and website data) as a Controller is described in our Privacy Policy at https://pyloapp.com/legal/data-privacy.
14.4 In the event of a conflict, the DPA prevails over these Terms with respect to the processing of personal data on behalf of the Customer.
15. Confidentiality
15.1 The parties will keep confidential all confidential information of the other party that comes to their knowledge in connection with this contract, will use it only for the purposes of this contract, and will disclose it only to persons who need to know it and who are bound by equivalent confidentiality obligations.
15.2 Confidential information does not include information that is publicly known, that was already lawfully known to the receiving party, that was lawfully obtained from a third party, or that was independently developed.
15.3 Disclosure obligations arising from statute, a court order or an administrative order remain unaffected. The party subject to such an obligation will, where legally permissible, inform the other party in advance.
15.4 This obligation survives the end of the contract by three (3) years. For Customer Data and for trade secrets it applies without limitation in time.
16. Amendments to these Terms
16.1 We may amend these Terms with effect for the future where this is necessary to reflect changes in the law, in the case law of the highest courts, in the technical or organisational provision of the Service, or to close a regulatory gap that has arisen, provided the amendment does not disturb the balance of the contract to the Customer's detriment.
16.2 We will notify the Customer of the amendment in text form at least 30 days before it takes effect. If the Customer does not object in text form before the effective date, the amendment is deemed accepted. We will expressly draw the Customer's attention to this consequence, to the notice period and to the right of objection in the notification.
16.3 If the Customer objects, we may terminate the contract with effect from the end of the current term.
17. Final Provisions
17.1 Assignment. The Customer may transfer rights and obligations under this contract to a third party only with our prior consent in text form. Consent may not be unreasonably withheld. We may transfer the contract to an affiliated company or in the context of a transfer of business; the Customer may terminate the contract within 30 days of notification in that case.
17.2 Subcontractors. We may use subcontractors. Our responsibility towards the Customer remains unaffected. The use of subprocessors for personal data is governed by the DPA.
17.3 Force majeure. Neither party is liable for non-performance caused by events outside its reasonable control (in particular natural disasters, war, terrorism, epidemics, official orders, large-scale failures of power or telecommunications networks, and industrial action not affecting its own workforce). The obligation to perform is suspended for the duration of the event. If the event lasts longer than 60 days, either party may terminate the affected part of the contract.
17.4 Text form. Amendments and supplements to this contract require text form. This also applies to any waiver of the text form requirement.
17.5 Governing law. This contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict-of-law rules.
17.6 Jurisdiction. The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Lippstadt, Germany, provided the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. We are additionally entitled to sue at the Customer's general place of jurisdiction.
17.7 Severability. Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is deemed replaced by the statutory provision.
Annex A - Acceptable Use Policy (AUP)
This Annex forms an integral part of the Terms. It defines what may not be done with pylo. Where a term is unclear, the interpretation that we apply in practice is the narrower one - we are interested in stopping abuse, not in restricting legitimate development.
A.1 Unlawful content and conduct
The Customer will not use the Service to store, process, transmit or make available content that:
is unlawful under German or applicable law, in particular content constituting sexual abuse of minors, incitement to hatred, glorification of violence, or terrorist content;
infringes third-party intellectual property, personality or trade secret rights;
is defamatory, or constitutes harassment or stalking of individuals.
A.2 Security and integrity of the platform
The Customer will not:
attempt to gain unauthorised access to the Service, to other customers' Workspaces, or to our infrastructure;
perform port scans, vulnerability scans, penetration tests, load tests or denial-of-service tests against our infrastructure without our prior consent in text form. We grant such consent for reasonable security testing of the Customer's own Workspace on request and free of charge; send requests to hello@pyloapp.com;
circumvent, manipulate or misreport usage meters, quotas, rate limits or spend caps;
upload or distribute malware, exploit code or unwanted automated messages (spam);
use the Service for cryptocurrency mining, distributed computing for third parties, proxying or tunnelling of third-party traffic, or as a general-purpose file distribution service unrelated to an application built on pylo.
A.3 Third-party rights and data collection
The Customer will not use the Service to scrape third-party websites or services in breach of their terms, to build data sets from unlawfully obtained personal data, or to send unsolicited commercial communications.
A.4 High-risk applications
The Service is not designed, developed or intended for use in environments where a failure of the Service could lead directly to death, personal injury, severe environmental damage or comparable damage - in particular the operation of nuclear facilities, air traffic control, life-support systems, weapons systems or emergency call infrastructure. Any such use is at the Customer's sole risk and outside our warranty and liability.
A.5 Resale and multi-tenancy
The Customer may build applications on pylo for its own customers and operate them. Reselling access to pylo as such, in an unmodified form and under the pylo name, requires a separate written agreement (white-labelling is available under the Enterprise Plan).
A.6 Reporting and enforcement
Suspected violations can be reported to hello@pyloapp.com. Enforcement is governed by Sections 11.2 and 11.3 of the Terms. We will always choose the least intrusive effective measure.
Annex B - Service Level Agreement (SLA)
This Annex forms an integral part of the Terms.
B.1 Scope
1.1 This SLA applies to the Starter and Team Plans.
1.2 The Free Plan is expressly excluded from this SLA. No availability is owed for the Free Plan.
1.3 Enterprise Plans are governed by the service levels agreed in the relevant order form. Where an order form is silent, this Annex applies.
B.2 Availability
2.1 We owe a monthly availability of the Service of 99.5 % ("Availability Target").
2.2 Availability is calculated per calendar month as follows:
Availability (%) = (total minutes in the month − Downtime minutes) ÷ total minutes in the month × 100
2.3 Downtime means any period during which the GraphQL API endpoint of the Customer's Workspace does not respond to a valid request with a valid response, measured from our monitoring system at intervals of no more than five (5) minutes. A period counts as Downtime once two consecutive measurements have failed.
2.4 The following periods do not count as Downtime:
(a) announced maintenance under Section B.5;
(b) emergency maintenance under Section B.6;
(c) force majeure within the meaning of Section 17.3 of the Terms;
(d) failures caused by the Customer, in particular by flows, queries, data models, custom code, integrations or client applications of the Customer, or by exceeding the usage allowances or a spend cap;
(e) failures of internet connections, DNS resolution or networks outside our sphere of control, including failures of the Customer's own connectivity;
(f) suspension of a Workspace justified under Sections 8, 11.2 or 11.3 of the Terms;
(g) failures caused by attacks by third parties (in particular DDoS), to the extent we have taken reasonable protective measures;
(h) periods during which the Customer, despite request, does not cooperate in the diagnosis of a fault.
B.3 Service Credits
3.1 If we fall short of the Availability Target in a calendar month, the Customer is entitled to a service credit on the Plan fee for the affected Workspace for that month:
Availability achieved in the month | Service credit |
|---|---|
< 99.5 % and ≥ 99.0 % | 10 % of the monthly Plan fee |
< 99.0 % and ≥ 95.0 % | 25 % of the monthly Plan fee |
< 95.0 % | 50 % of the monthly Plan fee |
3.2 Service credits are cumulative per month up to a maximum of 100 % of the monthly Plan fee for the affected Workspace. Overage charges under Section 6.2 of the Terms are not taken into account.
3.3 Service credits must be claimed in text form to hello@pyloapp.com within 30 days of the end of the affected month, stating the Workspace and the periods concerned. Claims made after that period lapse.
3.4 Service credits are set off against the next invoice. They are not paid out in cash, except where no further invoice is issued because the contract has ended.
3.5 Service credits are the exclusive remedy of the Customer for failure to meet the Availability Target. Claims under Section 13.1 of the Terms (intent, gross negligence, injury to life, body or health, product liability, guarantees) remain unaffected. This provision does not limit liability for damage other than the mere failure to meet the Availability Target.
B.4 Support
4.1 Support hours: Monday to Friday, 08:00 to 18:00 CET/CEST, excluding public holidays in North Rhine-Westphalia, Germany ("Business Hours").
4.2 Channel: hello@pyloapp.com and the support function within the Service.
4.3 Severity levels and response times:
Severity | Definition | Response time |
|---|---|---|
Critical (P1) | The Service, or a business-critical function, is unavailable for the Customer in production; no workaround exists. | 4 Business Hours |
Standard (P2–P4) | All other enquiries, including impairments with a workaround, questions and change requests. | 24 Business Hours |
4.4 The response time is the period until the first qualified reaction by a person (not an automated acknowledgement of receipt). Where a report is received outside Business Hours, the clock starts at the beginning of the next Business Hours period.
4.5 The response time is a reaction time, not a resolution time. We will work on faults reported as P1 continuously during Business Hours until a workaround or a fix is available.
B.5 Scheduled Maintenance
5.1 Scheduled maintenance is announced at least 48 hours in advance by email to the administrative contact.
5.2 We will carry out scheduled maintenance at times of low load and will keep its duration to the minimum necessary.
5.3 Scheduled maintenance amounts to a maximum of four (4) hours per calendar month and does not count as Downtime.
B.6 Emergency Maintenance
6.1 We may carry out maintenance without observing the notice period in Section B.5.1 where this is necessary to close a security vulnerability, to avert imminent damage or to comply with a legal obligation.
6.2 We will announce emergency maintenance as early as circumstances allow, and will inform the Customer afterwards of its cause and duration.
6.3 Emergency maintenance does not count as Downtime, provided its duration is limited to what is necessary.
B.7 Backup, Recovery and Data Location
7.1 Backup frequency: every hour.
7.2 Retention: 30 days rolling.
7.3 Storage: encrypted on a Hetzner Storage Box at a German location other than the location of the production servers. Encryption is performed by us with our own key; the key is stored separately from the backup target.
7.4 Recovery Point Objective (RPO): a maximum of 6 hours.
7.5 Recovery Time Objective (RTO): a maximum of 24 hours from the declaration of a recovery event.
7.6 Production data location: the Customer's data are stored exclusively in the data centres of Hetzner Online GmbH in Falkenstein and Nuremberg, Germany, and in the EU region of Cloudflare object storage. Details of all subprocessors, including their locations, are set out in the DPA and at https://pyloapp.com/subprocessors.
7.7 Restoration of a Workspace at the Customer's request following errors on the Customer's side (for example accidental deletion of data by the Customer) is provided as a support service within the scope of Section B.4 and is not subject to the RTO in Section B.7.5.
Annex C - Code of Conduct
This Annex forms an integral part of the Terms.
C.1 Why this exists
Annex A (AUP) defines what may not be done with pylo. This Annex defines with whom we are prepared to do business. The two are deliberately separate: conduct can be lawful, and fully compliant with the AUP, and still be conduct we will not support with our infrastructure.
We operate a small company. Our infrastructure, our name and the working time of our staff are part of what we supply. We reserve the right to decide who receives them.
C.2 Standards
The Customer, its Authorised Users and the persons acting on its behalf will:
(a) Treat our staff with respect. Insults, threats, intimidation, sexual harassment, and discriminatory or degrading statements towards our employees, whether in support channels, by email, by telephone or in public, are not acceptable. This applies irrespective of any dissatisfaction with the Service; criticism, including sharp criticism, of us or of our product is expressly welcome and is not covered by this provision.
(b) Not use the Service in the service of group-based hatred. We do not provide infrastructure for projects whose purpose or foreseeable effect is to degrade, threaten or exclude people on the basis of origin, ethnicity, skin colour, religion, disability, sexual orientation or gender identity. This includes in particular projects with a National Socialist, racist, antisemitic, Islamophobic or otherwise extremist orientation, and organisational structures serving such projects - irrespective of whether the individual content is punishable under criminal law.
(c) Not use the Service for organised deception. Coordinated disinformation, fraudulent business models, systematic manipulation of political opinion by inauthentic means, and comparable conduct.
(d) Not act towards other customers or third parties in a manner that would violate paragraphs (a) to (c) if it were directed at us.
C.3 Conduct outside the Service
We may also take account of conduct that does not take place within the Service, where it falls within paragraph C.2 (b) or (c) and there is an objectively demonstrable connection to the Customer's use of the Service or to us - in particular where the applications operated on pylo serve such activity, or where a public association with us would foreseeably and materially damage our reputation.
We will not take account of the private political opinions of individuals which have no such connection.
C.4 Procedure
We are aware that this Annex confers a discretion on us. We restrict its exercise as follows, and this restriction is binding on us:
Notice. We inform the Customer in text form which conduct we object to and on which specific facts our assessment is based.
Opportunity to comment. The Customer has 14 days to comment. We take the comments into account and reconsider our assessment.
Decision. We inform the Customer of the outcome, with reasons, in text form.
Decision-maker. The decision is taken by a managing director, not by an individual member of staff.
Immediate measures. Where there is an acute threat to persons, to our staff or to the platform, we may suspend the Workspace with immediate effect. Steps 1 to 3 are then carried out subsequently and without undue delay.
Data. In every case the Customer receives an export period of at least 30 days, unless statutory obligations prevent this. We will not withhold Customer Data as a sanction.
Fees. Where we terminate on the basis of this Annex, we refund fees already paid for the unused period pro rata. Where we terminate on the basis of paragraph C.2 (b) or (c), no refund is made.
C.5 Relationship to ordinary termination
This Annex does not restrict our right to terminate the contract on ordinary notice under Section 7.2 of the Terms, without stating reasons. Where we exercise that right, the procedure in Section C.4 does not apply; we will nevertheless grant an export period of at least 30 days.
C.6 Reports
Reports of conduct falling under this Annex may be sent to hello@pyloapp.com. We treat reports confidentially. Reports that are themselves abusive, or that are made in order to harm a competitor, are disregarded.