Dekart

Dekart On-Premise Premium Terms of Service and License Terms

Effective Date: 2024-08-22

Introduction

This Terms of Service Agreement (“Agreement”) governs the access and use of software and services (“Service” or “Services”) provided by Dekart XYZ UG (“Dekart”, “we”, “our”, or “us”). By purchasing or subscribing to “Dekart On-Premise Premium” or “Dekart Premium Lifetime License” (“License”), you agree to be bound by the terms in this Agreement.

License Grant and Scope

On-Premise Premium Subscription

  • Customers subscribing to the “Dekart On-Premise Premium” will receive access to the software source code under a commercial license, including any additional features provided exclusively under the subscription model.
  • The commercial license remains valid as long as the subscription is active. If canceled, access to future updates, features, and support will be terminated at the end of the billing cycle.
  • The subscription grants commercial use rights under this Agreement until the customer cancels or the subscription is terminated by Dekart.

Premium Lifetime License

  • Customers who purchase the “Dekart Premium Lifetime License” are granted a perpetual commercial license, even if they later cancel their subscription to “Dekart On-Premise Premium”.
  • However, they will not receive updates or support once they cancel the subscription.

Commercial License Terms

  • The commercial license allows customers to modify, distribute, sublicense, and resell the provided code, subject to ongoing compliance with the terms.
  • The license is non-exclusive and is provided “as is,” without warranties, express or implied.
  • The customer retains ownership of any customizations or derivative works they create using the code.

License Restrictions

  • Access to the provided source code is limited to a maximum of three employees per customer. Additional accounts can be purchased.
  • There are no restrictions on the number of deployments, users, or other quotas for the software.
  • The customer may not use the software to build a product that directly competes with Dekart or violates any legal or ethical standards.

Support and Maintenance

  • As part of the “On-Premise Premium” subscription, customers will receive monthly updates, including security patches to address critical, high, and moderate vulnerabilities, as identified by GitHub’s Dependabot or similar tools.
  • Customers who cancel their subscription will no longer receive any updates, including security patches.
  • Support can be provided via Slack or similar platforms, subject to reasonable limitations defined in a separate support agreement. Monthly 30-minute orientation calls with Dekart maintainers are available on request.

Termination

  • Dekart reserves the right to terminate any subscription with 30 days’ notice, after which service and support will continue until the end of the billing period. Dekart may also terminate the agreement immediately for breach of terms or misuse of the service.
  • If a customer cancels mid-billing cycle, no refunds will be provided.
  • The customer must provide accurate and current contact and billing information. Any disputes regarding charges must be communicated within 30 days of the charge date.

Payment Terms

  • Payments for subscriptions or one-time purchases will be processed via Stripe or other designated third-party payment services. Customers agree to pay all applicable taxes and fees as required by their jurisdiction.
  • There will be no refunds for mid-cycle cancellations.
  • Payment is due upon invoice or in accordance with the chosen subscription plan.

Intellectual Property

  • Dekart retains ownership of all intellectual property related to the base software, code, and any proprietary features provided under the subscription.
  • Customers retain full rights to any derivative works, customizations, or modifications they create from the licensed software.

Limitation of Liability

  • Dekart provides the software “as is” without any warranties, express or implied. Dekart disclaims all liability for damages arising from the use of the software, including but not limited to data loss, business interruptions, or security breaches, except where required by law.
  • In no event shall Dekart’s total liability exceed the amount paid by the customer in the six months prior to the claim.

Governing Law and Dispute Resolution

  • This Agreement is governed by the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
  • Any disputes arising under this Agreement will be resolved through arbitration in Berlin, Germany, following applicable arbitration procedures.

Export Compliance

  • The customer agrees to comply with all applicable export control laws, including those of the European Union and the United States, when using or distributing the licensed software.

Amendments

  • Dekart reserves the right to modify these Terms of Service at any time, with notice provided to customers via email or a website announcement. Continued use of the service after such modifications constitutes acceptance of the amended terms.

Contact Information

For any questions regarding this Agreement, please contact Dekart XYZ UG at: Dekart XYZ UG (haftungsbeschränkt) Rosenthaler Str. 72A 10119 Berlin, Germany Email: support@dekart.xyz