General Terms and Conditions of AlphaNodes GmbH

CONTENTS:

C. (I) TERMS & CONDITIONS AND (II) TERMS OF USE Plugins

Translated from German

(I) Terms and Conditions Plugins

The following agreement governs the purchase of chargeable digital products via the online store at the URL: https://alphanodes.com/pricing operated by AlphaNodes GmbH (hereinafter: Provider, us, we). (II) As well as the intended use after their purchase by the customer (hereinafter: customer).

1. Scope of application

These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods, services or other goods (hereinafter referred to as “goods”) in the online store at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.

2. Contract closure

2.1 The offers in the online store represent a non-binding invitation by the provider to online store visitors to submit an offer to purchase the goods offered in the store.

2.2 The goods are ordered via the provider’s online order form. After selecting the desired product(s), entering all mandatory information requested and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the buy button at the bottom of the checkout page (Buy now). By placing an order, the customer submits a binding contractual offer to purchase the selected product(s). The contract is concluded when the provider accepts the customer’s offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer or by delivering the ordered goods and these goods are received by the customer or by requesting payment from the customer (e.g. invoice or paypal payment in the order process) and the payment request is received by the customer; the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of conclusion of the contract.

2.3 Before binding submission of the order via the provider’s online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other input functions available.

2.4 The provider will save the text of the contract after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the text of the contract available beyond this.

2.5 The following languages are available for the conclusion of the contract: German, English

3. Right of withdrawal

The offers of AlphaNodes GmbH are aimed exclusively at companies, associations, authorities and public institutions, § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity. We do not conclude contracts with consumers, § 13 BGB (German Civil Code).

As an entrepreneur, you have no statutory right of withdrawal. A contractual right of withdrawal is not granted.

Digital products (e.g. eBooks, software downloads) cannot be returned.

4. Payment, payment delay

4.1 The prices listed in the online store at the time of the order shall apply. All prices are in EURO, net prices and are subject to sales tax. The customer will be informed about the available payment options in the online store of the provider.

4.2 If “prepayment” is agreed, the purchase price is due immediately after conclusion of the contract.

4.3 If “payment via bank transfer” has been agreed, the purchase price is due immediately after receipt of the prepayment invoice.

4.4 If payment via “PayPal” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.5 If payment via “Stripe” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe, Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.

4.6 The Provider reserves the right, at its own discretion, not to offer one or more of the aforementioned payment service providers.

5. Reserving ownership

The purchased goods remain the property of the supplier until the purchase price has been paid in full.

6. Delivery and provision

6.1 Unless otherwise agreed, the delivery of digital products shall be made within the delivery time specified in the online store to the e-mail specified by the customer for the delivery of the download link. The applicable delivery times can be found in the online store.

6.2 Collection of the purchased goods by the customer is excluded.

6.3 If the purchased product is a digital product, delivery shall commence within two working days of receipt of payment. The product is deemed to have been provided when:

  • the customer has received functioning access data to a customer area of the provider, or of a vicarious agent, in which access to the digital product is enabled.
  • the customer has been given access to the digital products by the provider or a vicarious agent by sending a link.
  • the customer receives access to the digital products in any other way and has access to them without further active action by the provider.

The provision takes place via download. Either via the provider’s IT infrastructure or, at the discretion of the vicarious agent, via the vicarious agent’s own IT systems.

7. Data Backup by the Customer

7.1 Immediately before installing and using the Provider’s goods, the Customer shall create complete backups of all data with which the purchased product comes into contact in the course of use by the Customer.

7.2 It is the responsibility of the customer to save his data regularly - as a rule at least once a day - and to check that this data backup has been successful so that he can reconstruct his data in the event of data loss in connection with the goods.

8. Customer obligations

8.1 General obligations to cooperate

a) The Customer undertakes to fulfill the minimum technical requirements (IT infrastructure, software, etc.) communicated by the Provider at its own expense and risk for the entire term of the contract.

  • Consequences of non-fulfilment: If the customer does not fulfil these requirements, does not fulfil them completely or insufficiently (e.g. also insufficient error messages, organizational errors or insufficient data backup), he shall bear the resulting consequences, such as delays in the use of the goods / non-use of the goods or additional expenses incurred by the provider. The customer is also obliged to compensate the provider for all damages arising from a breach in this respect, insofar as the customer is responsible for this.

  • Exemption of the Provider: For the duration of the delay, the Provider shall be exempt from its obligations under these GTC.

b) Confidentiality: Passwords or access numbers provided by the provider for access to the provider’s services must be treated confidentially and adequately protected against misuse. If there is any suspicion of possible misuse of this data, the provider is entitled to block customer access as a security measure. The customer shall be informed of the reason for such blocking.

c) Updates and modifications: The Provider is entitled to modify the agreed goods / services to reflect the current state-of-the-art. If the provider provides new versions, updates, bug fixes or other functional enhancements for the goods purchased by the customer during the term of the contract, the customer undertakes to:

  • Keep regularly informed: to inform himself regularly - as a rule at least once a week - about the availability of new versions of the goods in the provider’s customer area accessible via the Internet.
  • Up-to-date information: To inform oneself at regular intervals on the provider’s website accessible via the Internet about any current notices and to take these into account during operation.
  • Download and archiving: To ensure that a new version of the goods is downloaded promptly and archived on its IT infrastructure.
  • Installation in the event of bug fixes: To install these if they remedy a (complained about) defect.
  • Installation for functional improvements: Install these if they provide a modified range of functions - insofar as the customer wishes to use them.
  • Updating the IT infrastructure: to update its IT infrastructure and the underlying software before taking over the new software version in accordance with the respective requirements.

d) Internal company use: The customer is only entitled to use the goods within the company. The transfer of the goods for use by third parties or other provision to third parties, for example by way of rental, is not permitted. A third party is not someone who uses the goods or services free of charge as an employee or on behalf of or with the permission of the customer.

e) Release from liability: The customer shall indemnify the provider against all claims made by third parties on the grounds that the customer has not complied with the statutory provisions applicable to its business operations, in particular the provisions of regulatory, competition and data protection law.

f) Applicability to new deliveries: If the Provider makes new versions, updates, upgrades or other new deliveries with regard to the goods purchased by the Customer during the term of the contract, the above agreements shall also apply to these.

8.2 Special obligations to cooperate with support

a) Cooperation in the event of a notification of defects/support request: In the event of a notification of defects or a user support request, the customer is obliged to cooperate with the provider. It is necessary for the customer to describe the problem promptly and in detail so that the provider can understand the problem. If the customer does not provide the provider with the requested data or necessary information, the provider is not obliged to help solve the problem. The provider may request the use of a ticket system.

b) Compliance with measures: Measures and suggestions for troubleshooting and error correction communicated by the provider must be complied with by the customer.

c) Independent research: Before calling on support, the customer should first check whether a solution to their question is already available in the documentation.

8.3 Consequences of violation or breach of obligations: The customer shall bear the disadvantages and costs arising from a breach of these obligations.

9. Protection of the licensed material

9.1 Notwithstanding the rights of use granted under these GTC, we retain all rights to the goods (software, plug-ins, etc.) and the application documentation.

9.2 The customer undertakes to retain unchanged the protective notices contained in the software and the application documentation, such as copyright notices.

10. Defect claims (warranty)

If the customer is an entrepreneur, the following shall apply to our liability for any defects in business transactions with entrepreneurs:

10.1 The customer’s claims for defects shall become invalid one year after delivery. Excluded from this are claims for damages by the customer which are aimed at compensation for physical injury or damage to health due to a defect for which we are responsible or which are attributable to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period shall apply to these claims.

10.2 The warranty shall not apply if:

  • the customer modifies the delivery item or has it modified by a third party without our consent and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the customer shall bear the additional costs of remedying the defect resulting from the modification.
  • the customer does not use the delivery item in accordance with our stated minimum requirements with regard to the hardware and software used. These minimum requirements are stated in the service description on the website and/or in the provider’s offer documents.

10.3 Without prejudice to further claims, in the event of an unjustified notification of defects, the customer shall reimburse us for the expenses incurred in inspecting and - if requested - rectifying the defect.

10.4 The customer must give us the time and opportunity required for the subsequent performance owed, in particular his obligation to cooperate is necessary to remedy the defect complained about. For this purpose, the customer must provide us with the necessary, requested additional information for inspection purposes. However, the customer is not entitled to return the goods. Subsequent performance does not include either the dis-installation of the defective item or the installation of a defect-free item if the provider was not originally obliged to provide these services. Claims by the customer for reimbursement of corresponding costs (uninstallation / installation) are excluded.

11. Exclusions and limitations of liability

The following applies to our liability for damages:

11.1 In the event of intent and gross negligence, including on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health.

11.2 In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage foreseeable and typical of the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.

11.3 Liability for loss of data shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved.

11.4 Any further liability on our part is excluded, regardless of its legal basis.

11.5 The exclusions and limitations of liability in the above paragraphs (11.1) to (11.4) shall also apply mutatis mutandis in favor of our vicarious agents.

11.6 Liability due to the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability in the above paragraphs (11.1) to (11.5).

12. Force majeure

Neither party shall be obliged to fulfill its contractual obligations in the event of and for the duration of force majeure. In particular, the following circumstances shall be regarded as force majeure in this sense:

  • fire/explosion/flooding for which the contracting party is not responsible,
  • government intervention, war, mutiny, blockade, embargo,
  • labor dispute lasting more than 6 weeks and not culpably caused by the party,
  • computer viruses, other malware or deliberate attacks on IT systems by hackers,
  • technical problems of the Internet that cannot be influenced by one of the parties; this shall not apply if and insofar as the provider also offers the telecommunications service.

Each contracting party must inform the other party immediately in writing of the occurrence of a case of force majeure and its end.

13. Reference use

We may use the name/designation, company and logo of the customer for reference purposes in online, print or other media.

14. Data protection

The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the Privacy Policy.

15. Concluding regulations

15.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of the mandatory statutory provisions of the law of his country of residence.

15.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company is 82031 Grünwald near Munich (Germany).

15.3 If a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

(II) Terms of use for plugins

End User License Agreement (EULA) for Plugins

1. Scope of application

This End User License Agreement (hereinafter referred to as “EULA”) governs the terms and conditions for the use of the plugins (hereinafter referred to as “Plugins”) offered by AlphaNodes GmbH (hereinafter referred to as “Licensor”) for the open source project management tool Redmine.

2. Definitions

  • Plugins: Functional extensions for the open source project management tool Redmine.
  • Licensee: Any natural or legal person who installs and uses a plugin.
  • Hosting customers: Customers who use the plugins as part of a Redmine Managed Application Hosting contract.
  • Support and Update License: A one-year license that grants the licensee 12 months access to updates, support and plugin documentation.
  • Reseller: A company that purchases a support and update license for a plugin on behalf of a customer.

3. Licenses

The plugins are distributed under the license GNU General Public License v2 (GPL).

The plugins can be used in two ways:

  • Hosting customers: Hosting customers can use the plugin function during the term of their hosting contract if they require the functionality. During the period as a hosting customer, the customer automatically works with the latest functions. Upon termination of the hosting contract, the plugin support and all associated services expire.

  • Support and update license: Plugins can be purchased with a 12-month support and update license.

4. Licensee’s rights

4.1 Support and update license: During the validity of the support and update license, the licensee receives the non-exclusive right to install and use the plugin on a device for internal company use.

4.2 Hosting customers: Hosting customers receive the non-exclusive right to use the plugin for internal company use as part of the hosting offer during the term of their hosting contract.

5. Support and update license

5.1. Scope of services: The licensor grants the licensee the following services with the support and update license:

  • Updates to the purchased plugin via a protected customer area
  • Access to the plugin documentation (via access token)
  • Support via the customer area

5.2. Termination of the support and update license: After the 12-month support and update license expires, the entitlement to the following also expires:

  • Updates
  • Support
  • Access to the documentation
  • Access to the customer area

However, the licensee can continue to use the plugin in the last installed version.

6. Reseller

Resellers purchase a support and update license for a plugin on behalf of a customer. The reseller is obliged to inform the end customer about the conditions of the EULA and to comply with them.

7. Provision of versions

The licensor provides the licensee with the latest version of the plugin, which automatically replaces all previous versions. Support, updates, bug fixes and documentation are only offered for the latest version. The licensee is obliged to keep himself regularly informed about updates and to download and install them promptly.

8. Obligations of the Licensee

8.1 The Licensee is obliged to meet the minimum requirements necessary to use the Plugin.

8.2 The licensee is obliged to download and install the plugin promptly. Installation instructions are provided by the Licensor, which must be used.

8.3 The licensee is obliged to regularly inform himself about updates and to download and install them promptly. This is necessary to ensure the functionality and security of the plugin. The minimum requirements may change with new versions and must be met.

8.4 The Licensor does not make older plugin versions permanently available. The Licensee is obliged to download required versions in good time.

8.5 The Licensee is obliged to archive downloaded plug-in versions on its own IT infrastructure. The Licensor’s customer area is used exclusively for downloading current versions and does not offer a long-term archiving service for digital products.

8.6. Some products and online services require a license key (token) for activation. The token must be treated confidentially and may not be passed on to third parties. The licensee is responsible for the correct use and activation of the product. The token may not be passed on to third parties, even after termination of the contract or support license.

9. Data integrity and support

9.1 Data integrity: The licensor points out that it is possible to inspect, understand and even change the source code of the plugins. However, the licensor assumes no responsibility for the functionality or stability of the plugin if it is affected by unauthorized changes. To ensure the smooth operation and use of the plugin support, it is important to use the plugin in the original form provided by the licensor.

9.2 Support: The Licensor points out that it does not support customers who carry out direct data manipulation or code adjustments to the plugin, as this can lead to problems with data integrity. If the Licensor discovers that changes have been made to the plugin that are not authorized by the Licensor, the Licensor reserves the right to discontinue support. In such cases, the licensee will be asked to restore the plugin to its original state.

10. Liability and warranty

10.1 “As is” - Disclaimer: The plugins and the range of functions can be tested on a publicly accessible online demo before purchase. The plugins are provided “as is” without any warranty. In other words, we do not guarantee error-free operation, suitability for a specific purpose or compatibility with other software products. The licensor assumes no liability for damages resulting from the use of the plugins, unless these damages are based on intent or gross negligence on the part of the licensor.

10.2 No support after expiry of the license: After the support and update license expires, any liability of the Licensor for the Plugin shall cease. The licensee bears full responsibility for the use of the plugin.

10.3 No warranty for functionality: The licensor assumes no warranty for the functionality of the plugin or its compatibility with other software products.

10.4 Subject to change: The Licensor is entitled to add or remove functions at any time, even if this restricts the Licensee’s entitlement to use the Plugin in the most recently installed version.

11. Copyrights

The rights to user documentation remain with the licensor. The licensee may not modify, reproduce or distribute the user documentation. The plugin is subject to the license mentioned under no. 3.

12. Applicable law and place of jurisdiction

This EULA is subject to the law of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from or in connection with this EULA is Munich (Germany).

13. Other terms

13.1 The license material may contain software and software components from third-party providers (third-party software) that are used under their own license terms. The use of the Third Party Software is subject to these license terms, unless they conflict with our license terms.

13.2 This EULA constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, whether oral or written.

13.3 Should individual provisions of this EULA be or become invalid, this shall not affect the validity of the remaining provisions.

13.4 The Licensor reserves the right to amend this EULA at any time. The amended EULA shall be made available to the Licensee on the Licensor’s website.

By installing and using the plugin, the licensee agrees to the provisions of this EULA.

Date: September, 2024

Privacy Policy

Information on data protection and the handling of personal information when visiting our website or services can be found on the following page at Privacy Policy.