1. Scope of application
Acuroc provides the software in its current version on a server for access by the customer through the World Wide Web. The scope of services and the nature of the software are set out in the service description in the underlying contract. Acuroc may make changes to the software or updates at any time without notice to the customer, as long as there is no significant reduction in the scope of performance. The number of accesses and thus software users per customer shall be based on the contractual agreement on which the provision is based. If the access is provided for test purposes and free of charge, Acuroc may withdraw it at any time without prior notice. Provided access data must be changed immediately to data known only to the user. The customer is obliged to provide the correct and complete data of the intended user of the access requested during registration. The transfer point for software and application data in accordance with No. 4. is the router exit of the computer centre where Acuroc operates the software.
3. Permitted use
Upon full payment of the contractually agreed usage fee due, the customer shall receive the simple, non-exclusive, non-sublicensable and non-transferable right to use the software, which is limited to the term of this contract. The software serves to plan teams by creating transparency and provides simple control options. Each access may only and exclusively be used by a named natural person (named user principle).
The customer undertakes and is liable for the fact that the recipient of the access data of an access exclusively uses it himself. The software is not transferred to the customer. The customer may only use the software for his own business activities. An access provided for test purposes may not be used for own or third party commercial purposes. The customer may not modify the software. In particular, he is not entitled to examine its functionality by means of so-called “reverse engineering”, to decompile it, to break it down into its components and/or to use it as the basis for the creation of his own software programs.
The customer may not carry out any attacks or load tests with the software which may reasonably be expected to impair the performance of the software. The customer shall be liable for ensuring that the software is not used for illegal purposes or purposes that violate official regulations or requirements, or that corresponding data, in particular, is not created and/or stored on the server or locally. Software made available for test purposes is subject to the same permissible use, with the exception that the use must not serve any commercial purpose of the customer.
4. Application data
All data that is created during the term of the contract through the permitted use of the software provided is application data. All rights to these are exclusively entitled to the customer. The customer’s application data is available for 30 days after the end of the contract, after 30 days after the end of the contract it will be deleted. Application data that is created in the course of a test version will be deleted after the end of the test access. In this respect, there is no right of surrender. Acuroc backs up the application data on the server daily.
5. Technical conditions of access
The requirements depend on the respective system requirements, which also become part of the contract. The customer shall bear sole responsibility for the provision and necessary configuration (e.g. allowing pop-ups) of the necessary hardware and software (e.g. an Internet-capable computer with an Internet connection and a permissible current browser) on the customer’s side, as well as for the telecommunications connection between the customer and the computer centre where Acuroc operates the software, up to the point of transfer.
6. Intellectual Property
The customer of Acuroc is not entitled to any rights that are not expressly granted to the customer by the applicable terms and conditions. This license agreement does not grant any ownership/intellectual property rights or comparable rights to the software. All intellectual property rights remain with Acuroc even after the purchase of a license under this license agreement. Furthermore, the customer is in particular not entitled to use the software beyond the agreed scope without written permission from Acuroc or to have it used by third parties or to make it available to third parties. In particular, it is not permitted to copy, sell or temporarily transfer the software to third parties, in particular not to rent or lend it.
7. Legal consequences of infringements and liability
Acuroc owes the availability of the software and application data at the point of delivery. The availability is 99.5% annual average, based on twenty-four hours a day, seven days a week. Excluded from the availability are downtimes due to maintenance and software maintenance, in particular planned unavailability, as well as times during which the software cannot be accessed due to technical or other problems that are beyond Acuroc’s control (e.g. force majeure, fault of third parties, etc.). Acuroc shall remedy the defects in the software reported by the customer within a reasonable period of time.
9. Obligations of the customer
The customer shall ensure that the software is used exclusively within the scope of the permitted use according to No. 3 and shall protect this permitted use by taking appropriate and necessary measures. This applies in particular to the use of each access only by one person (Named User). The customer shall inform Acuroc immediately if it suspects that the access may be used by unauthorised persons. The customer shall ensure that the authorised users are bound by the provisions of this agreement. The customer shall notify Acuroc in writing of any impairments to the use of the software that it believes should be remedied by Acuroc. In the notification, the customer shall describe as concretely as possible the existing impairment of use, in particular the conditions under which it occurs, symptoms and effects. At best, the customer combines these with meaningful screenshots. The customer shall ensure that all third-party rights are observed when handling the software and any data contained or created. This also includes ensuring that data protection is given the necessary attention when using the software and that any necessary consents for data processing are obtained. The customer shall ensure that his own backups of his application data are made at appropriate intervals. The obligation for calendar day backups by Acuroc remains unaffected.
10. User fee
User fees and scope of use (number of users and scope of functionality) are contractually agreed or are based on the offer from Acuroc. If the use only affects a month proportionately, 50% of the usage fee shall be claimed as a lump sum for this month. Other services such as user support or training require a separate contractual agreement. All remuneration is owed plus VAT at the statutory rate applicable in each case and is payable for one year in advance.
11. Data protection and security
12. Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (Acuroc Solutions GmbH, Im Hostert 9, 65510 Idstein, Germany, phone: +49-6434-906348, e-mail: firstname.lastname@example.org, fax: +49-6434-906349) of your decision to revoke this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post). You may use the attached model revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
12.3. Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement.
As a matter of principle, we will not take back the book sent to you and will charge a flat rate of 69.00 Euro, which we will deduct from the amount to be refunded to you. For the refund we will use the same means of payment that you used for the original transaction.
12.4. Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back)
- To [Insert: name/company name, address of the revocation addressee, e-mail address and, if available, the fax number]:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods ()/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of
communication on paper)
(*) Delete as applicable.
12.5. Exclusion or premature expiration of the right of withdrawal
The right of revocation does not apply to contracts for the delivery of digital content which are not pre-fabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of revocation expires prematurely if we have only begun to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation when we begin to perform the contract. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.