1. These Terms of Use and License (“Terms”) apply to the provision and use of all services offered by companies of the Akarion Group (“Akarion”), as well as any updates or enhancements thereto.

2. Akarion provides all offered services exclusively in accordance with these Terms, the provisions of the Akarion Group’s General Terms and Conditions, and written individual contractual agreements.

3. These Terms also apply when Akarion’s services are used via websites other than Akarion’s own that provide full or partial access to the services offered by Akarion.

4. Written individual contractual agreements that conflict with or supplement these Terms and Conditions shall take precedence over these Terms and Conditions.

5. Akarion is entitled to amend these Terms and Conditions at any time. The user will be notified of any changes in writing at a minimum. If the user does not object in writing to Akarion within 6 weeks of receiving the notice of change, the amended Terms and Conditions shall be deemed accepted.

6. If the user objects to the amendment of these terms and conditions, Akarion is entitled to suspend the corresponding license or user access.

7. If changes occur after the conclusion of the contract—such as changes in the law—that Akarion could neither foresee nor influence, Akarion is entitled to unilaterally adjust these terms and conditions accordingly, i.e., without the consent of the client and the user. This also applies if contractual gaps become apparent after the conclusion of the contract that significantly disrupt the relationship between performance and consideration. The Client shall be notified of such adjustments at least in writing.

II. Definitions

1. “Services” are all software products developed and licensed by Akarion that are accessible via the Internet or otherwise made available to the Client/User by Akarion.

2. “Client” is the person with whom Akarion has concluded a contract regarding the use of the offered services.

3. “User” is a natural person clearly identified by the Client who uses an Akarion service by means of a license acquired by the Client.

4. “License” means the right granted to a user to use a specific Akarion service for the duration of the subscription period contractually agreed upon with the Client.

5. “Update” means a version of the respective service that includes minor functional changes/improvements or the correction of errors.

6. “Upgrade” means the expansion of the services to include new modules or features.

7. “Access Data” refers to the data assigned to a user, consisting of an email address and password, through which the user can verify their license for the respective service and access/use it.

III. User Responsibilities

1. Each license purchased for a service is assigned to a specific user, identified by individual, personal access data, upon first use.

2. Without the express written consent of Akarion, the access data assigned to a user may not be rented, leased, lent, sublicensed, or otherwise made available to a third party.

3. The transfer of a license to another user, who is in turn identified by the establishment of individual, personally assigned access credentials, is possible within the services.

4. The user is responsible for the proper management and secure safekeeping of the access data. Akarion is not liable for any misuse or loss thereof. If the user becomes aware of any misuse, they must immediately notify Akarion in writing and inform the client accordingly.

5. The user is responsible for the use of the services, the proper and lawful processing of data within the services by the user, the accuracy of such data, and the results obtained within the services.

6. The user is obligated to use the most current version of the services provided by Akarion. Software updates occur automatically. This excludes apps, plugins, and add-ons. The user is solely responsible for adjusting and updating individual settings.

7. The user must immediately report any defects or other errors and issues encountered while using the service to Akarion via support@akarion.com.

8. The user is obligated not to misuse the respective service, in particular not to introduce any data into the system that contains malware, and not to use the respective service in a manner that negatively impacts its availability for other users or to remove or circumvent the existing protection mechanisms of the services against unauthorized use.

9. The user must comply with appropriate technical and organizational security standards and ensure that no viruses from the systems they use enter Akarion’s systems.

10. The user must ensure that the processing of the data they input into the services does not infringe upon the rights of third parties or otherwise violate applicable law.

11. The user is not authorized to produce copies of the services of any kind. This includes printing the program code, photocopying the documentation, or photocopying substantial parts thereof. Excluded from this provision is the output of reports, provided that this is permitted under the respective subscription to the services.

12. In any case, the Client and the User are strictly prohibited, regardless of the purpose, from engaging in reverse engineering with respect to the Services, trade secrets, and/or other confidential information pursuant to Section 3(1)(2) of the German Trade Secrets Act (GeschGehG) or Section 26d(2)(2) of the Austrian Unfair Competition Act (UWG).

13. In the event of violations of these terms and conditions, Akarion is entitled to block the user’s access without notice and without observing a notice period, and to claim damages resulting from the violation against the user.

IV. Templates and Samples

1. Akarion expressly points out that all templates and samples provided in the Services require individual adaptation and revision by the user or the client.

2. To the extent that products or their providers are mentioned in the templates and samples, these are examples. The mention or omission of individual providers and products does not imply any evaluation and is not intended to be promotional or disparaging.

V. Rights to Data

1. The data processed by the user in the Services is the property of the client.

VI. Liability

1. Akarion is liable exclusively to the client in accordance with the terms of the order and the General Terms and Conditions. Liability toward the user is excluded—unless the user is the same person as the client—unless the culpable injury to the life, body, or health of natural persons by Akarion or Akarion’s mandatory liability under the Product Liability Act gives rise to a claim or liability.

VII. Confidentiality

1. The contracting parties are obligated to maintain confidentiality regarding all trade secrets and confidential data and information—regardless of form—of the other contracting party that have become known to them in the course of or in connection with the performance of a contract under these terms and conditions, not to disclose such information to third parties, and to use it exclusively for contractually agreed purposes.

2. The obligation under paragraph 1 of this section shall survive the termination of the contract.

3. Confidential information and data within the meaning of this section are information, documents, details, and data that are designated as such or are to be regarded as confidential by their nature. This expressly includes all information concerning customers, contractual partners, or other business partners of the other party, including any data pertaining to or concerning such persons, for which the respective contractual partner is subject to a confidentiality obligation of any kind.

4. The obligations under paragraph 1 of this section shall not apply if legal obligations require the disclosure of the information in question, if the information in question is or was already demonstrably known to the public, or if it has become known to the contracting party through a legitimate third party in a permissible manner.

5. The contracting parties undertake to also bind their employees, agents, vicarious agents, and others involved in the performance of the contract in accordance with Section 1 of this section.

VIII. Data Privacy

1. Provisions regarding the processing of personal data on behalf of the Client shall be agreed upon in a corresponding contract (Data Processing Agreement) prior to the commencement of data processing on behalf of the Client.

2. Akarion is free to entrust processors (subcontractors) with the processing of data covered by this contract, provided that and as long as the subcontractor is contractually bound by data protection obligations that are at least comparable to those agreed upon in this contract.

3. A current list of subcontractors is included in the current version of the Data Processing Agreement with the respective Client.

4. The Client agrees to the engagement of these subcontractors.

5. All of the Client’s data protection-related rights of objection, audit, and information are governed by the Data Processing Agreement.

IX. Miscellaneous

1. Akarion has a legitimate interest in informing the user via newsletters about news regarding Akarion’s services (e.g., updates, upgrades, security-related information, user information). The user may object to such use of their personal data at any time by clicking the corresponding link within the newsletter or by sending an email to: dataprivacy@akarion.com.

2. All contracts concluded through online registration for services are deemed to have been concluded with Akarion AG, Munich—unless otherwise agreed upon in individual agreements—unless the client is based in Austria. In this case, the contract is deemed to have been concluded with Akarion GmbH Linz.

3. In the event that the contract is concluded under these terms and conditions with Akarion AG, Munich, the relevant contract is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods and any national and international conflict-of-laws rules. In this case, the exclusive place of jurisdiction is the registered office of Akarion AG in 81675 Munich, Germany.

4. In the event that the contract is concluded in accordance with these terms and conditions with Akarion GmbH, Linz, the relevant contract shall be governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and any national or international conflict-of-laws rules. In this case, the exclusive place of jurisdiction shall be the registered office of Akarion GmbH in 4020 Linz, Austria.

5. Should any provision or part thereof be or become invalid, this shall not affect the validity of the remaining provisions. Akarion and the Client shall replace the invalid provision with a legally permissible and valid provision that is suitable for achieving the economic meaning and purpose intended by the invalid provision or comes as close as possible to it.

6. Amendments, additions, and the termination of contractual relationships with Akarion must be made in writing. This also applies to any waiver of the written form requirement.

7. In the event of discrepancies with versions in other languages, the German version of these Software Terms of Use and License Conditions shall be binding.

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