End User License Agreement (EULA)
In this End User License Agreement („EULA“) APTIS GmbH, Mollenackerstraße 24, 47589 Uedem, Germany („APTIS“ or „we“) regulates the terms and conditions for the use of software applications („Software“) by the end user („Customer“).
Scope
These terms and conditions apply exclusively to the use of software that we provide via the Atlassian Marketplace. Supplementary, conflicting or deviating terms and conditions of the customer shall not become part of the contract, even if we do not separately object to their validity.
License object
The customer is entitled to use software provided by us if he complies with the terms of this EULA. APTIS offers free and paid software. Our software is protected under German copyright law.
Free software may be used by the customer to the extent that we have permitted free use. The customer has no legal claim to support or updates if he uses our software free of charge, e.g. through a voucher issued for promotional purposes. If we offer a free trial version, the customer may use it only once for the specified period of time, multiple use (e.g. by registering with different email addresses) is prohibited.
Paid software can be used by the customer only if and as long as he has purchased an active subscription for it. The provision of other services, for example hosting, installation or customization of software, shall only be performed by us on the basis of an express written agreement with the customer.
The software provided by us may not be usable independently, but complements products of Atlassian (e.g. Jira). The software may and can therefore only be used together with Atlassian products of a certain version. The compatible versions of various products can be looked up on our product page in the Atlassian Marketplace. We do not guarantee that our apps will be compatible with future versions of Atlassian products.
Subscriptions
Support and the purchase of updates and further developments require the conclusion of a paid subscription. We only offer such subscriptions to entrepreneurs, i.e. persons or partnerships who act in the exercise of their commercial or independent professional activity.
Contracts are concluded via the Atlassian Marketplace by the customer selecting the desired subscription and going through the ordering process in full. Until the order is completed, the customer can change his selection at any time using the available buttons. Atlassian will confirm receipt of the order on our behalf immediately by e-mail.
Right of use
The use of software is limited to the purchased number of users and instances. APTIS grants the customer a simple, non-transferable right of use limited to the term of the concluded subscription.
The Customer may install and run the software on one server instance. For the use of a paid software on multiple server instances, the customer must purchase one subscription per instance. The customer may not rent, lend or otherwise sublicense the software without prior written permission. He may not publicly reproduce or make it available, either by wire or wireless means, or otherwise make it available to third parties, either for a fee or free of charge, e.g. by way of application service providing or as „software as a service“.
Duplication of the software is permitted insofar as this is necessary for contractual use of the software and for making a backup copy. Unless otherwise agreed, only one productive instance may be installed per purchased license.
Except as otherwise expressly permitted, the customer shall not, nor allow any other person to reverse engineer, disassemble or create derivatives of the Software. Decompilation of software is only permitted to the extent permitted by law (§ 69e UrhG). In addition, the customer shall not, nor allow others to, attempt to export the source code of the Software, or decode or modify the Software or any part of the Software or the services that it provides.
Copyright notices, serial numbers and other features serving to identify the program may not be removed or changed from the software.
The customer is obligated to provide appropriate security measures to protect the software from unauthorized duplication or use. The customer must keep license keys secret. Disclosure to unauthorized third parties is not permitted.
Support
APTIS provides support to customers with an active paid subscription only, provided that the agreed fees are paid. Support is provided only for our software and not for Atlassian products. We do our best to respond to support requests in a timely manner. Nevertheless, the customer cannot expect a specific response time and we are not liable for any damages that occur because of a claimed delay in responding to a support request. Support requests should only be sent by email to support@aptis-solutions.com.
Support requests including bug fixing are handled during the following business hours: at working days 9:00 AM - 5:00 PM (CET/CEST). Working days are from Monday to Friday, with the exception of holidays in the federal state of North Rhine-Westphalia and additionally the 24th and 31st of December.
APTIS will announce to the customer by e-mail and on the website https://aptis-solutions.com/support/ with a notice period of one week if support requests are not processed for a period of up to two weeks. Information by e-mail requires that the customer has subscribed to the e-mail list at https://aptis-solutions.com/support/.
Error handling
APTIS will fix errors in the software in accordance with the following regulations for customers who have taken out a paid subscription. An error exists if the software does not fulfill a function specified in its description or does not fulfill it correctly or does not behave in a functionally appropriate manner in any other way.
Errors are to be reported by the customer immediately in writing. The customer shall support APTIS in the investigation and elimination of errors within the scope of what is reasonable. In particular, the customer shall immediately provide APTIS with a written description of the error and, upon request, provide other data and protocols that are suitable for analyzing the error
APTIS will make its best efforts to process and correct errors within the following times, but does not guarantee this. The times given are indicative but not binding.
The response time and the time to fix the error depends on the category of the error. Errors are divided according to the following categories:
Critical errors: dangerous, critical situations are created so that the use of the software is prevented.
Main error: the usability of the software is significantly reduced.
Minor errors: usability or operation only slightly affected (e.g. translation errors, graphical errors with no effect on the usability of the software).
The response time for critical errors is usually 24 hours during business hours, for main errors usually 48 hours and for minor errors usually 5 days. Response time is the time between the customer reporting the error and APTIS first addressing the report.
Which errors are processed in which order is at the discretion of APTIS. We try to solve critical bugs and major errors promptly and are entitled to offer a work around if a fix can only be done with a new major release.
The elimination of malfunctions and damages caused by incorrect operation or improper handling on the part of the customer, by the influence of third parties or by force majeure is not the subject of this contract. It can be agreed upon in individual cases against separate remuneration. Furthermore, damage and malfunctions caused by environmental conditions at the installation site, by faults or non-performance of the power supply, faulty hardware or other effects for which we are not responsible are not subject of this contract.
The customer is recommended to back up its data regularly and to test whether the software can be executed without errors with the hardware and software available at the customer's site prior to productive operation. The customer should protect hardware and software in particular against unauthorized access by employees or other third parties, viruses, trojans and other malware.
Data protection
How we handle personal data of our customers is explained in our privacy policy, which can be found at https://aptis-solutions.com/datenschutz/ .
Support requests are kept in order to be able to trace which statements were made to the customer. The support history is anonymised four years after the end of the contractual relationship and the last support request.
Limitation of liability
Claims for damages are excluded, with the exception of claims arising from injury to life, limb or health, from guarantees or under the German Product Liability Act, as well as liability for other damages based on an intentional or grossly negligent breach of duty. Furthermore, liability for the breach of obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the customer may regularly rely, shall remain unaffected. In the event of simple negligence, we shall be liable for the foreseeable damage typical for the contract, whereby the amount of damages shall be limited to 100% of the annual fees paid by the customer for the respective product.
The aforementioned liability regulations also apply to our employees, subcontractors and other vicarious agents.
General Provisions
Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
This EULA fully reflects the agreements between the parties. No additional agreements have been made.
We are entitled to make public use of the customer's name and logo as well as statements made by the customer about our software for advertising purposes, unless the customer objects. The customer shall grant us the necessary rights of use to copyrights, name rights, trademark rights and labelling rights for this purpose.
German law shall apply to all disputes arising from this contract. The place of jurisdiction is Düsseldorf (Germany). Mandatory statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.