V2.1 applicable as from 01.03.2022
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I. Scope of application
2. Akarion provides all services offered exclusively in accordance with these terms and conditions, the regulations of the General Terms and Conditions of the Akarion Group of Companies and written individual contractual agreements.
3. These terms and conditions shall also apply if the services of Akarion are used from websites other than Akarion's own, which provide access to the services offered by Akarion in whole or in part.
4. Written individual contractual agreements that conflict with or supplement these terms and conditions take precedence over these terms and conditions.
5. Akarion is entitled to change these terms and conditions at any time. The user shall be informed of changes at least in text form. If the user does not object in writing to Akarion within 6 weeks of receipt of the notification of amendment, the amended terms and conditions shall be deemed accepted.
6. If the user objects to the amendment of these terms and conditions, Akarion shall be entitled to block the corresponding licence or user access.
7. If changes occur after conclusion of the contract - for example changes in the law - which Akarion could neither foresee nor influence, Akarion shall be entitled to adjust these terms and conditions accordingly unilaterally, i.e. without the consent of the client and the user. This shall also apply if gaps in the contract become apparent after the conclusion of the contract, as a result of which the relationship between performance and counter-performance is considerably disturbed. The client shall be informed of such adjustments at least in text form.
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 for the use of the services offered or services provided.
3. "User" is a natural person clearly determined by the client who uses a service of Akarion by means of a licence acquired by the client.
4. "Licence" means the right granted to a user to use a specific Akarion service for the duration of the subscription period contractually agreed with the Client.
5. "Update" means a version of the respective service that includes small functional changes/improvements or the correction of errors.
6. "Upgrade" means the addition of new modules or features to the Services.
7. "Access Data" means the data assigned to a User, consisting of an email address and a password, by means of which the User can verify his licence concerning the respective Service and access/use the same.
III. Responsibilities of the users
1. Each acquired licence concerning a service is assigned to a specific user, identified by individual, personal access data, when it is used for the first time.
2. Without the express written consent of Akarion, the access data assigned to a user may not be rented, leased, loaned, sublicensed or otherwise made available to a third party.
3. The transfer of a licence to another user, again to be identified by the definition of individual, personal access data, is possible within the services.
4. The user is responsible for the proper administration and safekeeping of the access data. Akarion shall not be liable for misuse or loss of the same. If the user becomes aware of misuse, he/she shall 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 thereof and the results obtained within the Services.
6. The user is obliged to use the latest version of the services provided by Akarion. Software updates are carried out automatically. Apps, plug-ins and add-ons are excluded from this. The user is solely responsible for adjusting and updating the individual settings.
7. The user shall immediately report any defects or other errors and problems in the use of the service to Akarion via email@example.com.
8. The user is obliged not to misuse the respective service, in particular not to introduce any data into the system that contain malware and not to use the respective service in a way that negatively affects the availability of the same for other users or to remove or circumvent the existing protective mechanisms of the services against unauthorised use.
9. The user shall comply with appropriate technical and organisational security standards and ensure that no viruses enter Akarion's systems from the systems used by the user.
10. The user shall ensure that the processing of the data he/she has submitted to the services does not infringe any third-party rights or otherwise violate applicable law.
11. The user is not entitled to make copies of the services of any kind. This also includes the output of the programme code to a printer, the photocopying of the documentation or essential parts thereof. Excluded from this provision is the output of reports, insofar as this is released in the respective subscription to the services.
12. In any case, the Client and the User, for whatever purpose, are strictly prohibited from engaging in reverse engineering with regard to the Services, trade secrets and/or other confidential information pursuant to § 3 para. 1 no. 2 GeschGehG (German law) or § 26d para. 2 no. 2 UWG (Austrian law).
13. In the event of violations of these terms and conditions, Akarion shall be entitled to block the user access without notice and without observing a period of notice and to claim damages resulting from the violation from the user.
IV. Templates and samples
1. Akarion expressly points out that all templates and samples provided in services are subject to individual adaptation and revision by the user or the client.
2. Insofar as products or their suppliers are mentioned in the templates and samples, these are examples. The naming or non-naming of individual suppliers and products does not imply any valuation and has no advertising or derogatory character.
V. Rights to data
1. The data processed by the user in the services are the property of the client.
1. Akarion shall be liable in accordance with the terms of the order and the GTC exclusively towards the client. Liability towards the user is excluded - insofar as the user is not the same person as the client - insofar as the culpable injury to life, body and health of natural persons by Akarion or the mandatory liability for Akarion according to the Product Liability Act is not the basis for a claim or liability.
1. The contracting parties are obliged to maintain secrecy about all business secrets and confidential data and information - in whatever form - of the respective other contracting party which have become known to it in the context of or in connection with the performance of a contract under these terms and conditions - irrespective of how - not to pass them on to third parties and to use them exclusively for contractually agreed purposes.
2. The obligation under Clause 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 which are designated as such or which by their nature are to be regarded as confidential. Expressly included is also all information concerning customers, contractual partners or other business partners of the respective other contracting party, including any data of these or concerning the named persons for which the respective contracting party is subject to an obligation of confidentiality in whatever manner.
4. The obligations under Clause 1 of this Section shall not apply if legal obligations require the disclosure of the information concerned, the information concerned is or was already demonstrably known to the public or has become known to the contracting party in a permissible manner by an authorised third party.
5. The contracting parties undertake to also bind their employees, servants, vicarious agents and others involved in the performance of the contract in accordance with section 1 of this section.
VIII. Data protection
Regulations concerning the processing of personal data on behalf of the client shall be laid down in a corresponding contract (commissioned processing contract) prior to the start of the data processing on behalf of the client.
2. Akarion shall be free to entrust processors (subcontractors) with the processing of data concerned under this contract, provided and as long as the subcontractor is contractually subject to at least data protection obligations comparable to those agreed in this contract.
3. An up-to-date list of subcontractors can be found in the order processing contract with the respective client in its current version.
4. The Client agrees to the engagement of these subcontractors.
5. All data protection-related rights of objection, audit and information of the client are regulated in the order processing contract.
1. Akarion has a legitimate interest in informing the user by means of newsletters about news relating to Akarion's services (e.g. updates, upgrades, security-related information, user information). The user can object to the corresponding use of his personal data at any time by clicking on the corresponding link within the newsletter or by sending an email to: firstname.lastname@example.org.
2. All contracts concluded by way of online registration for services shall be deemed to have been concluded with Akarion AG, Munich - subject to individual agreements to the contrary - unless the client is domiciled in Austria. In this case, the contract shall be deemed to have been concluded with Akarion GmbH Linz.
3. In the event that the contract is concluded according to these terms and conditions with Akarion AG, Munich, the corresponding contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and any national and international conflict of laws provisions. The exclusive place of jurisdiction in this case shall be the registered office of Akarion AG in 81675 Munich, Germany.
4. In the event that the contract is concluded under these terms and conditions with Akarion GmbH, Linz, the corresponding contract shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and any national and international conflict-of-law rules. The exclusive place of jurisdiction in this case shall be the registered office of Akarion GmbH in 4020 Linz, Austria.
5. Should a provision or parts 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 sense and purpose intended by the invalid provision or comes as close as possible to this.
6. Amendments and supplements as well as the termination of contractual relationships with Akarion are subject to the written form. This also applies to a waiver of the written form requirement.
7. In the event of deviations from versions in other languages, the German version of these Software Usage and Licensing Conditions shall be binding.