Terms and Conditions for UI5 Spreadsheet Importer Enterprise Support

1. Introduction

These Terms and Conditions govern the use of the UI5 Spreadsheet Importer software (“Software”) provided on a subscription basis by IT Consulting Marian Zeis (“we”, “us”, “our”). By subscribing to and using our Software, you agree to these Terms and Conditions.

2. Subscription

  • Fee: The subscription fee is 2999€ per year.
  • Term: The subscription is valid for one year from the date of purchase and will automatically renew unless cancelled at least 30 days before the renewal date.
  • No Refunds: Payments are non-refundable.

3. Use of Software

  • License: The Software is provided under the Apache License 2.0. You may use the Software in accordance with this license.
  • Compliance: You agree to use the Software in compliance with all applicable laws, including data protection laws such as GDPR.

4. Support

  • Included Support: Each subscription includes 2 hours of support per month. Any additional support required will be billed at 150€ per hour for each started hour.
  • Ad-hoc Support: Ad-hoc support may be available at a rate of 250€ per hour for each started hour. This support is not guaranteed and is subject to availability.
  • Response Time: We will initially respond to support queries within 24 hours.
  • Resolution Time: We aim to provide a solution or workaround within 14 days of acknowledging a support issue.
  • No Tiered Support: Support is offered at a single level for all subscribers.

5. Data Handling

  • GDPR Compliance: We will comply with the General Data Protection Regulation (GDPR) in the handling of any personal data processed by the Software.

6. Intellectual Property

  • Rights: We retain all rights to the Software. The subscription does not transfer any intellectual property rights.

7. Service Level Agreements (SLAs)

  • Support Response: We commit to a 24-hour initial response time for any reported issues.
  • Resolution Time: We aim to provide a solution or viable workaround within 7 days of the issue being acknowledged.
  • Maintenance Updates: Regular updates will be provided for major bugs or security issues as they are identified.

8. Limitations of Liability

  • Liability Cap: Our liability shall be limited to the subscription fee paid by you.
  • Exclusions: We shall not be liable for any indirect, incidental, special, or consequential damages.
  • Warranty Disclaimer: The Software is provided “as is” without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.

9. Indemnification

  • Misuse: You agree to indemnify and hold harmless [Your Company Name] and its affiliates, officers, agents, and employees from any claim arising out of your misuse of the Software or your breach of these Terms and Conditions.

10. Changes to Terms and Conditions

  • Notification: We reserve the right to modify these terms and conditions at any time. Changes will be notified at least 30 days prior to their effective date via email or a prominent notice on our website.
  • Acceptance of Changes: Continued use of the Software after changes have been notified will constitute your acceptance of the revised terms.

11. General Provisions

  • Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of [Your Country/State].
  • Severability: If any part of these Terms and Conditions is found to be invalid or unenforceable, the remaining parts will remain in full effect.
  • Dispute Resolution: Any disputes arising out of or in connection with this agreement shall be resolved through arbitration in [Your City/Country], in accordance with the Arbitration Rules of [Applicable Arbitration Association].
  • Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties regarding its subject matter and supersede all prior agreements and understandings, whether written or oral.

12. Contact Information

  • Contact Us: For any questions or concerns regarding these terms and conditions or the Software, please contact us at [Your Contact Email].

13. Feature Requests

  • Submission and Review: Customers are welcome to submit feature requests for the Software at any time. We will review each request, but submission does not guarantee acceptance or implementation.
  • Development and Charges: If a feature request is accepted for implementation, we may offer to develop the feature at a rate of 150€ per hour. The cost and timeline for development will be provided in a separate proposal and agreement.
  • Prioritization: Acceptance and prioritization of feature requests will be at our discretion and will depend on the current roadmap, resource availability, and strategic direction of the Software.
  • No Obligation: While we value customer feedback and will consider all feature requests, we are under no obligation to modify the Software based on such requests.

14. Subscription Scope

  • Single Entity Use: The subscription fee covers the usage of the UI5 Spreadsheet Importer software by one legal entity only. This subscription is not transferable to subsidiaries, affiliates, or any other related entities under the parent company.
  • Restrictions: The use of the software is restricted to the purchasing entity and cannot be shared with or used by any other company, sub-company, or external entity without a separate subscription.
  • Compliance Requirement: The purchasing entity agrees to ensure compliance with these terms and restricts usage to within its own legal entity. Misuse or unauthorized sharing of the software across different legal entities may result in termination of the subscription and/or legal action.