End User License Agreement (EULA)

Anchorpoint Software GmbH
Florinsmarkt 14,
D-56068 Koblenz, Germany

Effective Date: January 25, 2023

This End User License Agreement ("Agreement") is a legal agreement between you ("Licensee" or "you") and Anchorpoint Software GmbH ("Licensor"), a company registered under the laws of Germany with its principal address at Florinsmarkt 14, D-56068 Koblenz, and registered with the Amtsgericht Koblenz, for the use of Licensor’s software product, which includes the software and associated services (collectively, the "Software").

By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Software.

1. License Grant

1.1 Subject to the terms of this Agreement, Licensor grants you a non-exclusive, non-transferable, and revocable license to use the Software for business purposes only, in accordance with the subscription plan selected and paid for by you.

1.2 You may install and use the Software on devices owned or controlled by you or your business.

2. Restrictions

2.1 You may not:
a. Copy, modify, or distribute the Software, except as expressly permitted under this Agreement.
b. Reverse engineer, decompile, or disassemble the Software, except as permitted by applicable law.
c. Rent, lease, or sublicense the Software to any third party.
d. Use the Software to develop a competing product or service.

3. Subscription and Payment

3.1 Use of the Software requires a valid subscription. All fees are non-refundable, except as stated in the Refund Policy or as required by applicable law.

3.2 You agree to pay all subscription fees as outlined in the subscription plan you select. Failure to pay the fees will result in the suspension or termination of your license.

4. Refund Policy

4.1 Licensor offers a refund under the following conditions: If you are not satisfied with the service for any reason, you may request a refund within 30 days of making your first purchase.

4.2 To request a refund, you must contact us at support@anchorpoint.app.

4.3 This refund policy can be superseded or removed by a custom contract agreed upon by both parties.

5. Cloud Service and Metadata Exchange

5.1 The Software may connect to a cloud service to exchange metadata necessary for the Software’s functionality. You agree to such exchange of metadata as part of the Software’s operation.

5.2 Licensor uses common best practices of today’s internet security procedures, including data encryption, backup, and secure data transmission. While Licensor takes reasonable steps to protect your data, complete security cannot be guaranteed. For more information, please see our security information sheet.

6. Self-Hosting Option

6.1 Licensor offers a self-hosting option for the Software that does not require the usage of Licensor’s cloud service. If you choose this option, you are responsible for installing the Software on your own servers or machines.

6.2 When using the self-hosting option:
a. You are responsible for managing backups of your data.
b. You are responsible for securing your connections and data.
c. The Software will not send any data to Licensor, and Licensor will have no knowledge of or access to your data.

7. Updates and Upgrades

7.1 Licensor may, from time to time, provide updates or upgrades to the Software. Such updates or upgrades will be governed by the terms of this Agreement, unless they come with separate terms.

7.2 Licensor is not obligated to provide any updates, upgrades, or maintenance services for the Software unless expressly stated in the subscription plan.

8. Intellectual Property

8.1 All intellectual property rights in and to the Software, including but not limited to copyrights, trademarks, and patents, remain with Licensor. You acquire no rights to the Software except as expressly set forth in this Agreement.

9. Termination

9.1 This Agreement is effective until terminated. You may terminate this Agreement by ceasing all use of the Software and deleting all copies of the Software from your devices.

9.2 Licensor may terminate this Agreement if you breach any of its terms. Upon termination, you must stop using the Software and delete all copies from your devices.

9.3 You may cancel your subscription at any time, effective at the end of your current billing cycle, whether monthly or yearly, depending on the pricing plan you have chosen. Your access to the full functionality of the Software will continue until the end of the billing period. After the subscription is canceled and the billing period ends, the Software will continue to run with limited functionality. The extent of the limited functionality will depend on the specific features made available by Licensor.

10. Limitation of Liability

10.1 To the fullest extent permitted by applicable law, Licensor shall not be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits or data, arising out of the use or inability to use the Software.

10.2 In any case, Licensor’s total liability under this Agreement shall not exceed the amount paid by you for the Software in the 12 months preceding the event giving rise to the claim.

11. Governing Law and Jurisdiction

11.1 This Agreement shall be governed by the laws of Germany, without regard to its conflict of law principles.

11.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Koblenz, Germany.

12. Miscellaneous

12.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

12.2 This Agreement constitutes the entire understanding between you and Licensor with respect to the Software and supersedes all prior agreements or understandings.

13. Third-Party Services

13.1 When using the cloud version of the Software, the Application may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services.

13.2 You acknowledge and agree that Licensor shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Licensor does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

13.3 You must comply with applicable third parties' terms of agreement when using the Application. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

13.4 This section does not apply when using the self-hosting option, where no third-party content or services are provided by or linked through the Application.