End User License Agreement (EULA) for the use of Software-as-a-Service products
Status: September 20, 2025
Preamble This End User License Agreement (“EULA”) governs the use of the browser-based software applications (“Software”) provided by Digitale Faszination GmbH, Unterer Sand 9, 94209 Regen, Germany (“Licensor”). This EULA is a legally binding contract between you, the business entity you represent, or you in your business capacity (“Licensee”), and the Licensor. The Licensor’s offers are directed exclusively at businesses, not at consumers. By purchasing a license and creating a user account, you confirm that you are acting in a business capacity and agree to be bound by the terms of this EULA.
§ 1 Subject matter of the contract
- The subject of this agreement is the granting of rights of use for the software acquired by the licensee, which is provided by the licensor as Software-as-a-Service (SaaS) via the Internet.
- The software may only be accessed via a compatible web browser. Installation of the software on the licensee’s local systems is not intended and not permitted.
- The specific range of functions of the respective software and the number of user accesses contained per license can be found in the product description in the licensor’s web store valid at the time the contract is concluded.
- This EULA exclusively regulates the use of the software. The purchase of the license, terms of payment, terms and periods of notice are regulated in the General Terms and Conditions (GTC) of the licensor.
§ 2 Granting of rights of use
- The Licensor grants the Licensee a non-exclusive, non-transferable and non-sublicensable right to access the purchased Software via the Internet and to use it in accordance with the provisions of this EULA for the duration of the term of the Agreement.
- Scope of use and purpose limitation: The licensee is entitled to use the software exclusively for its own internal business purposes. This includes in particular the development, production and distribution of the licensee’s own products.
- The number of permitted user accesses per license is specified in the respective product description. The licensee is responsible for ensuring that the maximum number of users is not exceeded. Passing on access data to persons outside the licensee’s company is prohibited.
- All content and designs created by the software are the intellectual property of the licensee. The licensor does not claim ownership of the data created by the user.
§ 3 Unauthorized use
The licensee is prohibited from doing so:
- to use the software to provide services for third parties; this includes in particular, but is not limited to, the use of the software to provide consulting, planning, development or design services for external customers or other third parties;
- copy, modify, decompile, reverse engineer or otherwise attempt to discover the source code of the software or parts thereof;
- to use the software beyond the scope of use defined in § 2, in particular to rent or lease it or to use it as part of a service relationship for third parties;
- use the Software in a way that could damage, disable or overload the Licensor’s servers or networks; d) circumvent the security mechanisms of the Software.
§ 4 Availability and maintenance
- The licensor endeavors to ensure high availability of the software. However, uninterrupted availability is not guaranteed.
- Planned maintenance work will be carried out outside normal business hours (CET/CEST) wherever possible and announced in good time.
§ 5 Obligations of the licensee
- The licensee is responsible for maintaining the confidentiality of its users’ access data and must ensure that this data does not fall into the hands of unauthorized third parties.
- The licensee is obliged to create the necessary system requirements for accessing the software (in particular an up-to-date web browser and a stable Internet connection).
- The licensee is solely responsible for the data entered by him and his users and the results obtained.
§ 6 Term and extension of contract
The contract term for the use of the software is concluded for an indefinite period and is tied to an annual license fee to be paid in advance. Details on the notice period and automatic contract renewal are regulated in the licensor’s GTC.
§ 7 Limitation of Liability
- To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, revenue, data, or use, incurred by Licensee or any third party, whether in an action in contract or tort, arising from the use of the Software.
- Licensor’s total aggregate liability for any and all claims arising out of or in connection with this EULA, whether in contract, tort, or otherwise, shall be limited to the amount of fees paid by Licensee to Licensor in the twelve (12) months immediately preceding the event giving rise to the claim.
- The limitations of liability in this section shall not apply to damages caused by Licensor’s willful misconduct or gross negligence, or in cases of death or personal injury. Liability under mandatory product liability laws remains unaffected.
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§ 8 Intellectual property
All rights to the software, including all copyrights and other intellectual property rights, remain exclusively with the licensor.
§ 9 Data protection
The licensor processes personal data in accordance with the GDPR. Details are listed in the separate privacy policy.
§ 10 Final Provisions
- This EULA and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
- The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be the courts at the Licensor’s registered office in Regen, Germany.
- If any provision of this EULA is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.