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Terms of Service

Last updated on June 18, 2024.

A. Introduction

Purpose

These Terms of Service ("Terms") govern your access to and use of the services provided by Heisenware GmbH ("we", "us", "our", “Heisenware”), including our website, products, and any related services (collectively, the "Service"). Heisenware GmbH is a company registered in Hamburg with the number HRB 167506, trading as Heisenware. Our registered address is Levisohnweg 3, 22081 Hamburg, Germany. These Terms outline your legal obligations and rights while using the Service.

Acceptance

By registering for or using the Service, you confirm that you have read, understood, and accepted these Terms. If you do not agree to these Terms, you must not use the Service. Acceptance of these Terms creates a binding legal agreement between you and Heisenware, subject to the conditions stated herein.

Contact Information

If you have any questions or concerns about these Terms, the Service or Heisenware, please contact us at support@heisenware.com.

B. Overview of Services

Heisenware Platform

Heisenware provides a comprehensive software platform ("Software" or "Platform") designed to build, integrate, and manage custom software applications for businesses ("Apps"). The platform includes the following key components:

  • Connectors: Tools that facilitate the connection and integration of various data sources and sinks. Connectors can be part of the cloud or installed locally to connect to data sources behind firewalls.
  • App Builder: A low-code application builder that enables users to create Apps with minimal coding.
  • App Manager: A module for managing Apps, users, roles, and access.

Detailed descriptions of the services, Platform capabilities, and technical specifications are available on our website and in the user documentation. The specific capacities of each plan are specified during the subscription process and can be viewed on the Heisenware pricing page.

Service Accessibility

Heisenware provides a cloud-based Platform with locally installable connectors for integration. Users can access and utilize the Platform’s features through a web interface.

Service Availability

We strive to ensure that Heisenware is available 24/7. However, we do not guarantee uninterrupted access and may suspend or limit the Service temporarily for maintenance or updates without prior notice. The typical maintenance window is from 8:00 PM to 3:00 AM CET.

Modifications

We reserve the right to modify, discontinue, or add features to the Service at any time. Significant changes will be communicated to users through our website or via email.

Customer Support

Heisenware provides customer support during business hours: Monday to Friday from 9:00 AM to 6:00 PM CET, excluding public holidays in Hamburg, Germany. Support inquiries can be made via email at support@heisenware.com. We respond to support requests on a best-effort basis. For severe issues that significantly impact the Platform's performance (e.g., Apps or critical features are unavailable), we will begin working on the problem immediately upon becoming aware of it during business hours.

C. Account Registration and Management

Account Creation

To use our Platform, you must create an account ("Account"). During registration, you must provide accurate and up-to-date information and choose a unique Account name. The Account represents a company-level entity, and the creator is designated as the Account Owner with administrative rights.

User Responsibilities

You are responsible for maintaining the confidentiality of your Account information, including login credentials. You must promptly notify us of any unauthorized use of your Account or any other security breach.

Account Security

You must ensure that all users accessing your Account comply with these Terms. You are responsible for any actions taken using your Account.

Workspace Management

Within the Account, multiple workspaces can be created. Workspaces serve as separate areas for managing Apps and resources such as connectors, databases, and files. Users within a workspace have specific roles and permissions which affect their ability to interact with Apps.

Deletion of Account

You can request the deletion of your Account via the Platform or by contacting support at support@heisenware.com. Account deletion will result in the removal of your data, subject to our data retention policies as outlined in the Privacy Policy.

D. Intellectual Property

Ownership of Platform

Heisenware retains all rights, title, and interest in and to the Platform, including all related intellectual property rights. You are granted a limited, non-exclusive, non-transferable license to use the Platform for your internal business purposes.

User Content

You retain all rights to the Apps and other content you create using the Platform ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content solely in connection with providing the Service.

Monetization and Licensing of Apps

You have the right to monetize and sublicense the Apps you create using the Platform. However, the use and availability of these Apps are technically dependent on the operation of the Platform.

Use of Branding

Both parties may use each other's company names, logos, and brands for marketing and promotional purposes, such as on websites and in promotional materials. This use does not transfer any ownership rights. Either party can object to such use by notifying the other party in writing, providing a reasonable justification.

E. Payments and Fees

Subscription Fees

The subscription fees for the use of the Platform are listed on our pricing page and during the subscription process. Fees are based on the selected plan and the specific capacities included. All fees are charged on a recurring basis as specified in the plan details. Subscription fees are non-refundable.

Free Trial

A free trial period may be offered for new users. The duration and terms of the free trial will be clearly communicated during the registration process. After the trial period, fees will apply as per the selected plan.

Payment Methods

We accept payment via credit card and invoice. Payments can be made on a monthly or annual basis, depending on the selected plan. For monthly plans, payments are due at the beginning of each month. For annual plans, the payment is due in advance for the entire term

Payment Terms

Invoices are due on the day of issue. Failure to pay on this day may result in suspension of your access to the Platform. All payments must be made in the currency specified at the time of purchase.

Late Payment

If payments are not made on time, Heisenware reserves the right to charge a penalty of up to 5% of the outstanding amount. Continued failure to pay may lead to additional measures, including but not limited to, suspension of service and legal action.

Taxes

All fees listed on our platform are exclusive of taxes. Applicable value-added tax (VAT) or other similar taxes will be added to the fees where required by law and will be reflected on your invoice. You are responsible for paying these taxes as invoiced by Heisenware.

Upgrades and Downgrades

Where you upgrade or downgrade your subscription plan, adjustments to the fees will be reflected from the next billing cycle. Upgrading may require payment of additional fees, while downgrading might result in loss of access to certain features or data.

F. Use of Service

Permitted Use

You are authorized to use the Platform solely in accordance with these Terms. You agree to use the Platform only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Platform.

Prohibited Actions

You agree not to:

  • Use the Platform in any way that violates any applicable local, national, or international law or regulation.
  • Attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Use the Platform to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform without our express written permission.
  • Engage in any activity that disrupts or interferes with the operation of the Platform.

Account Security

You are responsible for safeguarding your Account information and ensuring that all users comply with these Terms. Any actions taken through your Account are your responsibility.

Termination of Use

We reserve the right to terminate or suspend your access to the Platform for violations of these Terms or for any other reasons deemed necessary to protect the integrity of the Platform.

G. Cancellation, Termination, and Suspension

Cancellation by User

You may cancel your subscription at any time through the Platform or by emailing support@heisenware.com. Upon cancellation, you will retain access to the Platform until the end of the current billing cycle, after which your access will be terminated. No refunds will be provided for any remaining days in the billing period.

Termination by Heisenware

We may terminate your access to the Platform if you violate these Terms, fail to make required payments, or for other reasons as necessary to protect the Platform. Notice will be provided where possible.

Effect of Termination

Upon termination of your Account, you will lose access to the Platform and any data associated with your Account. We may assist with the retrieval of User Content, subject to our data retention policies and technical limitations.

Suspension of Service

We reserve the right to suspend your access to the Platform for maintenance or other operational reasons. Notice of suspension will be provided where possible.

H. Privacy

Data Collection and Use

Heisenware collects and uses personal data in accordance with our Privacy Policy. This includes data provided by users during registration and data collected during the use of the Platform ("Personal Data"). The Personal Data is used to provide and improve our services, process transactions, communicate with users, and for other operational and administrative purposes.

Usage Data

In addition to Personal Data, Heisenware collects data about how the Platform is accessed and used ("Usage Data"). This may include information such as user interactions with the Platform, performance metrics, and other analytical data. Usage Data is used to improve the functionality and performance of the Platform, enhance user experience, and for security monitoring. Heisenware retains the right to use aggregated and anonymized Usage Data even after the termination of your account for purposes such as improving our services and generating analytical insights.

Data Protection

Heisenware implements appropriate technical and organizational measures to protect Personal Data and Usage Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. These measures include encryption, access controls, and secure data storage.

User Rights

Users have the right to access, rectify, delete, or restrict the processing of their Personal Data. Users can exercise these rights by contacting us at support@heisenware.com. More details about user rights and how to exercise them are available in our Privacy Policy.

Data Processing Agreement (DPA)

For users who require a Data Processing Agreement due to the handling of personal data, Heisenware provides the pre-signed DPA for download in both German and English. You can access the DPA here.

I. Disclaimers, Limitation of Liability, and Indemnity

General Disclaimers

Heisenware provides the Platform on an "as is" and "as available" basis, without any warranties of any kind, express or implied. To the fullest extent permitted by applicable law, Heisenware disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will meet your requirements, be uninterrupted, secure, or error-free, or that defects will be corrected.

Limitation of Liability

To the fullest extent permitted by applicable law, Heisenware, its affiliates, and their respective officers, directors, employees, agents, and representatives will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Platform.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Platform.
  • Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party.
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform.

No Warranties

Heisenware makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Platform or any content, information, software, products, or services provided through the Platform. Your use of the Platform is at your own risk.

Indemnity
You agree to indemnify, defend, and hold harmless Heisenware, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  • Your use of the Platform in violation of these Terms.
  • Any User Content you create, upload, or store using the Platform.
  • Your breach of any of these Terms, including but not limited to any representations, warranties, or covenants you make herein.
  • Your violation of any applicable law or regulation, or the rights of any third party.

Heisenware reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Heisenware in asserting any available defenses.

J. Amendments

Right to Amend

Heisenware reserves the right to modify or update these Terms at any time. Any such modifications or updates will become effective immediately upon posting the revised Terms on our website. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of those changes.

Notice of Changes

Significant changes to these Terms will be communicated to you via email or through a notice on our website. If you do not agree with any changes, you should discontinue your use of the Platform. If you continue to use the Platform after changes have been posted, you will be deemed to have accepted the changes.

K. Miscellaneous

Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles.

Jurisdiction

Any disputes arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts located in Hamburg, Germany.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable, or, if not possible, replaced by a provision that most closely reflects the original intention of the parties.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by Heisenware, constitute the entire agreement between you and Heisenware regarding the use of the Platform and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Heisenware's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Heisenware may assign or transfer these Terms without restriction, provided such assignment or transfer does not adversely affect your rights under these Terms.