by Setting up a Bulqpoint Account, the following software license agreement is concluded:
Subject of the Contract
The Provider grants the Customer non-transferable and non-exclusive license rights for personal use of the licensed material specified in annexes to this contract (hereinafter “Annexes”) and on the systems listed in the Annexes, in exchange for payment of the specified license fees and hourly rates.
License Fees
The license fees (annual) include all taxes and levies applicable at the time of contract signing and reflect the Provider’s current cost structure. Adjustments, particularly in the event of changes or introduction of indirect taxes or levies, are reserved.
Support
Support hours incurred for the project for the following services:
1. Project supervision/coordination
2. Organizational meetings, provision of licensed material beyond actual delivery
3. Training for transition/adoption/implementation
4. Defining connection points for integrated solutions
5. Additional instruction of customer personnel
6. Any further services
7. Travel time and expenses for support services
shall be billed at the Provider’s current rates. Hourly rates listed in the Annexes reflect the Provider’s current cost structure; adjustments are reserved.
General Obligations of the Customer
The Customer is solely responsible for selecting and using the licensed material and for the results obtained during its use. The Customer is solely responsible for all necessary security measures to protect the licensed material against destruction, theft, or misuse, and for providing backup solutions.
The Customer undertakes to keep the licensed material confidential and to use it solely within the scope of this contract. In particular, the Customer ensures that third parties may access the licensed material only if they are present at or accessing it on the Customer’s premises in accordance with the contract.
Warranty and Liability
The Provider warrants the functionality of the licensed material in accordance with contractual specifications.
Licensed material not conforming to specifications will be corrected or replaced free of charge by the Provider within a reasonable time at its discretion. Any further liability of any kind, particularly for consequential or indirect damages, is expressly excluded.
The Provider is liable for defects in the licensed material for six months from delivery. Defects must be reported in writing to the Provider within ten days of discovery. The Provider provides no warranty if the licensed material has been modified by the Customer or third parties.
For licensed material provided by the Provider from third parties, the Provider passes on only the warranty of the respective licensor to the Customer to the corresponding extent; any further warranty or guarantee by the Provider is deemed waived.
Usage Rights
Except for the usage rights granted under this contract, all rights, including ownership and copyright, remain with the Provider or the authors, even if modifications or extensions are made.
The Customer undertakes to make the licensed material available only to persons within its own company and not to transfer, assign, or otherwise make accessible the licensed material, including documentation, in whole or in part, to third parties without prior written authorization from the Provider; this obligation continues indefinitely after termination of this contract.
Any violation of this usage right constitutes a material breach entitling the Provider to terminate the contract immediately and to claim damages. Additionally, the Customer undertakes to restore the original legal status at its own expense.
Payment Terms
All payments are processed via the Stripe portal. The terms contained therein are binding.
Updates/Enhancements
The user receives the latest software features directly upon re-login with each update release.
Early Access Clause: The transfer of corporate files created during the Early Access period to the “Full Release” cannot be guaranteed but is the Provider’s objective. Any potential migration effort is the Customer’s risk.
Replacement of Licensed Material
If unmodified licensed material installed at the Customer’s premises is destroyed due to operational errors or force majeure, the Customer may obtain replacement from the Provider. This does not apply to licensed material not manufactured by the Provider.
Contract Duration
Unless a fixed term is specified in the Annexes, this contract is deemed concluded for an indefinite period, but no longer than the economic lifespan of the subject matter. The right to support services and rights to subsequent or replacement procurement apply only as long as the licensed material underlying these rights is offered by the Provider, but at least for three years from the conclusion of the relevant Annex.
The Customer may waive its rights to use the licensed material granted under this contract by written notice (termination).
Subject to adjustments of license fees, hourly rates, etc., the Provider may terminate this contract prematurely only if the Customer breaches the contract.
Claims for Damages in Case of Data Loss
In the event of data loss due to technical defects at the Provider, technical defects at third-party providers, hacking, or force majeure, no claim for damages exists against BulqPoint.
Termination of This Contract
All license management must be performed via account management on Stripe. Workspace deletion is not possible as long as active licenses remain on Stripe.
If no licenses remain on Stripe, the user may:
- View all files in read-only mode only.
- Request deletion of their account, including workspace, at BulqPoint via email to info@bulqpoint.com. All files will be permanently lost and cannot be restored after such deletion.
Written Form
All agreements relating to this contract are contained in this contract. Additional agreements are valid only if they are in writing and explicitly reference this contract.
Jurisdiction
The jurisdiction is the registered office of AA-Protun AG.