1. Who is in charge of CommonsCloud services
CommonsCloud is a collective initiative co-produced through femProcomuns SCCL cooperative with Tax Number F67139550 and headquarters at Providencia 42, 08024 Barcelona, which acts as the owner, facilitator and administrator of CommonsCloud.coop domain and subdomains. For clarity, in this document the term “CommonsCloud” refers to the CommonsCloud project.
The contact details of the cooperative as Responsible for compliance with the Data Protection regulations are: legal@commonscloud.coop
2. Definitions
2.1 User
User is anyone who connects with one of CommonsCloudwebs or systems. There are two types of CommonsCloud users: natural persons and legal entities, who manage a Collective and Services within the CommonsCloud environment.
The website informs of the legal conditions and the privacy policy for all users and browsing the website implies the acceptance of legal conditions of use of the navigation, in accordance with Law 34/2002 of July 11 of Services of the Information Society and Electronic Commerce (LSSI) (Llei 34/2002 d’11 de juliol de Serveis de la Societat de la Informació i Comerç Electrònic (LSSI))
2.2. Members
Within the two types of users there are two subgroups: those who are already members of femProcomuns cooperative, and as such are CommonsCloud cooperative co-owners and those who are not. CommonsCloud’s mission is to cooperativise its use and invite all users to become consumer members. A member is a user who has taken the leap and has become a consumer member of femProcomuns.
2.2. Services
The services CommonsCloud offers include online digital platform services.
Within the CommonsCloud environment there are two types of services: free services available to the entire user community and payed services. CommonsCloud seeks to make it easier for people to use free services to help them realise they can regain control over their data.
Available to the entire community are: http://agora.commonscloud.coop, http://projectes.commonscloud.coop, other services are also available to all users.
2.3. Private and public information
Users can decide on the privacy of their information within each of their services, they decide if they want to keep their data private, share it with other people or make it public. In the latter case, the information is considered “public information” and is not protected in the same way as personal and private data.
2.5. Free software
Free software is software that can be used, studied and modified by anyone without restrictions, and can be copied and redistributed either in a modified version or unmodified without restrictions, or with minimal restrictions to ensure that future recipients will also have these rights.
2.6. Free licenses
Since the laws of intellectual and industrial property turn information into exclusive property by default, the free software movement has built standard legal agreements to facilitate the sharing of knowledge, which are known as “Free licenses”. You’ll find the precise definition and licenses that are considered free at http://freedomdefined.org/. Each free software is governed by its own rules defined in its license. http://freedomdefined.org/.
2.7. Rates
They refer to the price of services that a user contracts with CommonsCloud.
2.8. Voluntary contributions
Members can make voluntary contributions, in the form of a donation, to support the project.
2.9. Contribution to the share capital
To become a member, a user reads and accepts the Social Statutes and the rest of the societary documentation of the cooperative and makes a unique and returnable contribution to the capital of the cooperative femProcomuns, of €10 as a obligatory social capital or more as a non-refundable voluntary contribution.
2.9. Espai limitat
Les usuàries tenen un espai limitat per emmagatzemar les seves dades en els sistemes de CommonsCloud. Per augmentar aquest espai, s’ofereixen diferents nivells de quotes de servei.
2.10. Storage space
It is the cloud storage space hired by each user.
2.11. Support channels
CommonsCloud offers Support Channels, a suite of services to facilitate the user experience, such as community support among users, technical documentation and incident mailbox. Access to these chanels depend on the contracted services.
3. Membership
In order to use CommonsCloud’s tools and services you must become a consumer member of the femProcomuns cooperative; this also gives you a vote in the assembly and access to channels of participation for users. Becoming a member requires a unique and returnable contribution of €10 to the share capital and to accept the corporate purpose that you’ll find in the Statutes of femProcomuns. To contract the services the user will have to go to the website https://www.commonscloud.coop, and fill out two forms: 1) in the first one we ask for membership and then 2) in the second one, the user can register to the service and commit to a periodic fee (service) and a possible non-refundable voluntary contribution (a donation).
Once the registration is complete, CommonsCloud will proceed to confirm it through the email indicated by the user.
4. Form of payment
Social capital contributions, service fees and voluntary contributions are in Euros and will be made by direct debit:
femProcomuns will present a receipt to the Bank of the user who wants to become a member for the corresponding amount of the contribution to the share capital and the quotas of services and / or volunteers that he has chosen. Upon acceptance of these conditions, the User shows his / her consent for the domiciled debt so that the bank can make the charge to the payment account provided in the registration form. On the basis of this consent given by the User, femProcomuns initiates the payment transaction.
In the event of a request for reimbursement, by exercising the right of withdrawal, this must be done within eight weeks following the date of the account charge. The right to withdraw from the contract of the service can be exercised during the 15 calendar days following the registration of the contract by the user (both member and non-member users)
5. Intellectual property
The Intellectual Property Law states that the authors have exclusive rights to their work by default. At CommonsCloud we want the contrary: all knowledge generated and published as public information in the free services available to the entire user community is, by default, considered to be published under free licenses – if the opposite is not explicitly stated. Specifically, we use the licenses mentioned below.
- In all works and contributions made public in the free services that do not have specific restrictions on its use or specific licenses, the following license applies to each type of work:
- software: Affero General Public License v3 or higher
- content: Creative Commons Recognition-ShareAlike 30-EN
- Data: Open Domain Commons Public Domain Dedication License https://opendatacommons.org/licenses/pddl/
- industrial designs: CERN Open Hardware License
- Shared and public information requires recognition of authorship, in such a way that other users can contribute to their improvement, extension and maintenance and to facilitate the collective construction of knowledge with respect for all contributions.
- However, logos, trade names, trademarks or any other sign owned by third parties are excluded from this license.
The user, when contracting with Commons Cloud, accepts the intellectual property policy of the project and therefore of the service.
Any shared content that belongs to authors who are not users of the CommonsCloud project is protected by the intellectual protection rules they have chosen, and are not subject to these conditions. Users are responsible in this case to respect the rules of intellectual property, and mainly the authorship and the license on the basis of which they have the right to share it.
The cooperative will not be responsible for the treatment that a user may do relating to the intellectual property of third parties.
Rules and regulations related to intellectual property https://portaljuridic.gencat.cat/ca/pjur_ocults/pjur_resultats_fitxa/?documentId=555968&action=fitxa.
6.- Obligations and responsibilities of the User
The User agrees to communicate to CommonsCloud, when creating their account and membership their exact contact information and to keep them up to date, so that CommonsCloud can keep direct communication with them.
The User is the only person responsible for the passwords they need for the use of the services, as well as for their storage.
The User assumes in full the consequences in the event of the loss or theft of their passwords.
The User is responsible for the contents published on the servers, whether in free services or payed services, as well as of the communications made through them. That is why it undertakes to make a responsible use and assume all the responsibilities derived from its publications.
7.- Limitation of responsibility for CommonsCloud
CommonsCloud is free to limit the access to web pages and content, products and/or services offered therein, as well as the subsequent publication of the opinions, observations, images or comments that users can send through e-mail.
CommonsCloud is committed to carrying out operations to maintain, update and improve infrastructures. In case these operations involve a temporary interruption of the service, CommonsCloud is committed to let users know.
In no case may the User claim CommonsCloud for any direct or indirect personal or commercial loss derived from the interruption of the service.
CommonsCloud has no responsibility for hardware damage in any of the services offered.
In case of incidents occurring in a third-party data processing center, CommonsCloud will use all the guarantees offered by the company that owns the data processing center in favor of the User.
In no case may the User claim responsibility for CommonsCloud in case of fire, explosion, failure of transmission networks, demolition of facilities, epidemic, earthquake, flood, electrical failure, war, strike, boycott or any other circumstance of force majeure.
CommonsCloud is not responsible for the damages caused by the lack, neglect or omission of third parties on which CommonsCloud has no control or surveillance power.
It is the responsibility of the User to take all necessary measures to safeguard the integrity of their data. In the case of failure of the service, for a failure of the system caused by In the event that the user is a responsible subject or in charge of data, – in accordance with the General Data Protection Regulation (Regulation (EU) 016/679 of the Parliament and of the Council, of April 27, 2016), relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, and the rest of the applicable legislation, will be directly responsible for the obligations arising from it with respect to the data it processes using the services, systems, software contracted to femProcomuns More information on Data Protection:
CommonsCloud is not responsible for the total or partial destruction of the information transmitted or stored as a result of errors directly or indirectly attributable to the User or its collaborators.
Commons Cloud will not be responsible of any indirect damages, such as commercial damage, loss of orders, loss of profits or customers, they are expressly excluded.
The sum of the damages and interests that could be placed by CommonsCloud, should its responsibility be compromised, will be limited to the effective sum paid by the User to CommonsCloud for the period considered or billed to the User by CommonsCloud.
8.- About these conditions
All notices, requirements, citations and other communications that must be made by the parties in relation to these conditions must be made in writing and it will be understood that they have been properly executed when delivered in hand or either remitted by ordinary mail to the address of the other party or to their email address or to any other address or email that for these purposes each part may indicate to the other.
If any clause included in these conditions is declared, totally or partially, null or ineffective, such invalidity or inefficiency will affect only this disposition or the part of it that is null or ineffective, the same conditions remain for all the rest, considering such a disposition, or the part of it that is affected, not estated.
CommonsCloud will proceed to update these conditions when it deems it is appropriate or if changes are made in the legal framework. These will always occur after having notified the users.
9.- Jurisdiction and current law
This agreement will be governed and interpreted in accordance with the laws applicable in Catalonia. The parties are subject to the common rules of the jurisdiction and are expressly submitted to the Courts and tribunals of the city of Barcelona.
Last update: May 2022