End User License Agreement (EULA) &  Terms and Conditions

Please find below the EULA and T&Cs:

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End User License Agreement (EULA)

Effective Date: June 24th, 2024

1. Introduction

This End User License Agreement ("EULA") is a legal agreement between you ("User") and CONAPI GmbH, an Austrian company ("Company"), governing your use of Message Manager ("Software").

By downloading, installing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the Software.

2. License Grant

CONAPI GmbH grants the User a non-exclusive, non-transferable, limited license to download, install, and use the Software for personal or business purposes, in accordance with the terms of this EULA. This license includes access to the open-source core of the Software and, if applicable, commercial/professional features enabled via a license key.

3. Trial Period

The Software may be used with all commercial/professional features enabled for a trial period of 30 days. After the trial period, continued use of these features requires a valid subscription and license key.

4. Subscription and License Key

The license model is per user and is a subscription-based service. Users must maintain an active subscription to access and use the commercial/professional features. A unique license key will be provided upon subscription, which must be entered into the Software to enable these features.

5. Restrictions

The User shall not:

Modify, adapt, translate, or create derivative works based on the Software.
Reverse engineer, decompile, or disassemble the Software.
Rent, lease, or sublicense the Software.
Use the Software for any unlawful purpose.

6. Ownership

The Software is licensed, not sold. CONAPI GmbH retains all rights, title, and interest in and to the Software, including all intellectual property rights.

7. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the Software and destroy all copies of the Software.

8. Disclaimer of Warranties

The Software is provided "AS IS" without warranty of any kind. CONAPI GmbH disclaims all warranties, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

In no event shall CONAPI GmbH be liable for any indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or data use, incurred by the User or any third party, whether in an action in contract or tort, arising from the use of the Software.

10. Governing Law

This EULA shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of laws principles.

11. General

If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. This EULA constitutes the entire agreement between you and CONAPI GmbH regarding the Software and supersedes any prior agreements or understandings.

12. Contact Information

If you have any questions about this EULA, please contact CONAPI GmbH at:

CONAPI GmbH
Sulzäckerstraße 5/1
2722 Winzendorf
Austria
office@conapi.at

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Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Message Manager software ("Software") provided by CONAPI GmbH ("Company"). By accessing or using the Software, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Software.

2. Use of Software

2.1 License: CONAPI GmbH grants you a non-exclusive, non-transferable, limited license to download, install, and use the Software for personal or business purposes, in accordance with the accompanying End User License Agreement (EULA). Upon reasonable notice to Licensee, Licensor may, either itself or through an independent third party auditor, enter onto Licensee�s premises during Licensee's normal business hours to inspect and audit Licensee's computer systems, network, and records to verify that Licensee's use of the Software is in compliance with the terms of this Agreement.

2.2 Trial and Subscription: The Software is available in several versions:
 - Free Version: Includes open-source core features.
 - Trial Version: Provides access to all features, including commercial features, for a period of 30 days from first use, subject to acceptance of the EULA and these Terms.
 - Commercial Version: Requires a paid subscription. Subscription fees apply.
 
3. Registration and Accounts

3.1 User Accounts: Registration is not required to use the Free Version. For the Trial and Commercial Versions, users must accept the EULA and these Terms during initial setup.

3.2 License Validation: Upon activation, the Software collects a one-way hash of the local username and machine, plus the first and last letter of the username and hostname.  This hashed data, along with the license key, is sent to CONAPI for validation. OS type, OS architecture and app version are collected as well.

4. Intellectual Property

4.1 Ownership: The open-source core of the Software is governed by the Apache 2 license. CONAPI GmbH retains all rights to the commercial features added to the Software.

5. User Conduct

5.1 Responsibilities: Users are solely responsible for their use of the Software and compliance with the terms of any messaging systems they connect to using the Software.

6. Termination and Suspension

6.1 Termination by CONAPI GmbH: CONAPI GmbH reserves the right to terminate your access to the Software immediately and without notice in the event of:
 - Breach of these Terms, including unauthorized use or sharing of license keys.
 - Violation of applicable laws or regulations.
 - Any action that disrupts or poses a security risk to the Software or its users.

6.2 Effect of Termination: Upon termination, you must cease all use of the Software and delete all copies from your devices.
6.3 Suspension of License: CONAPI GmbH may suspend your access to certain features or functionalities of the Software if there is suspected unauthorized use or breach, pending investigation.
6.4 No Refunds: Termination or suspension of your access to the Software does not entitle you to any refunds or compensation.

7. Disclaimer of Warranties

7.1 No Warranties: The Software is provided "as is" without warranties of any kind. CONAPI GmbH disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

8. Limitation of Liability

8.1 Exclusion of Damages: To the fullest extent permitted by law, CONAPI GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, incurred by users or any third party, arising from the use of the Software.

9. Privacy and Data Protection

9.1 Data Collection: CONAPI collects hashed user data for license validation purposes but will not share this information. Anonymized usage statistics may be collected as well (i.e. which module in the product is used the most). For further details see the Privacy Policy available at https://conapi.at/privacy-policy/.

10. Software Maintenance and Technical Support

10.1 Purchased Services: Any software maintenance and technical support purchased by the licensee is subject to pricing, terms, and conditions referenced in the Quote or separate agreement provided by CONAPI GmbH.

10.2 Support: Technical support is available via email at support@conapi.at during business hours (Monday to Friday, 9 AM to 5 PM CET).

10.3 Maintenance: Updates and patches for the Software will be provided automatically. Users may choose to skip updates if desired.

11. Limited Warranty

11.1 Warranty Period: For the Commercial Version of the Software, CONAPI GmbH warrants for a period of ninety (90) days from delivery that the Software will materially conform to CONAPI's then-current Documentation.

11.2 Remedy: If the Software fails to meet the warranty specified in section 11.1, CONAPI GmbH will, at its sole discretion and expense, either:
 - Repair or replace the non-conforming Software; or
 - Refund the applicable License Fees paid by Licensee upon return of the non-conforming Software and termination of the license.
 
12. Disclaimer of Warranties

12.1 Exclusion of Warranties: Except for the limited warranty set forth in section 11, CONAPI GmbH makes no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-interference, accuracy of data, and non-infringement.

13. Limitation of Liability

13.1 Exclusion of Damages: To the maximum extent permitted by applicable law, CONAPI GmbH shall not be liable for any indirect, exemplary, special, consequential, or incidental damages, including lost profits, business interruption, or loss of business information.

13.2 Maximum Liability: CONAPI GmbH's cumulative liability to Licensee for all claims related to the Software, regardless of the cause of action or theory of liability, shall not exceed the fees actually paid by Licensee to CONAPI GmbH for the Software.

13.3 Essential Basis: The disclaimer of warranties and limitations of liability set forth herein are fundamental elements of the basis of the bargain between CONAPI GmbH and Licensee. Licensee acknowledges that CONAPI GmbH would not provide the Software without such limitations.

14. Payment Processing

14.1 CONAPI GmbH utilizes third-party payment processors to facilitate payments for the Message Manager software ("Software"). By using the Software and agreeing to these Terms, you also agree to be bound by the terms of service and privacy policies of our payment processors, including but not limited to Stripe.

14.2 Payment Information: When you make a payment through our Software, you agree to provide accurate and complete payment information. You authorize CONAPI GmbH to charge your chosen payment method for the total amount due for your subscription or purchase, including any applicable taxes and fees.

14.3 Third-Party Processors: Payments are processed through third-party payment processors, including Stripe. Their terms of service and privacy policies govern your use of their services. You acknowledge that CONAPI GmbH is not responsible for the actions, policies, or services provided by these third-party processors.

14.4 Payment Disputes: Any disputes or issues related to payments, refunds, or chargebacks should be addressed directly with the payment processor. CONAPI GmbH reserves the right to suspend or terminate access to the Software in the event of unresolved payment issues.

14.5 Currency and Pricing: Prices for subscriptions and services are listed in EUR (Euros) unless otherwise specified. Prices may vary based on location and applicable taxes.

14.6 Changes to Payment Providers: CONAPI GmbH reserves the right to change or add additional payment providers at its discretion. Updated information will be provided to users as necessary.

15. Governing Law and Dispute Resolution

15.1 Jurisdiction: These Terms are governed by Austrian law, excluding its conflict of law provisions. The courts in Vienna shall have exclusive jurisdiction over any disputes arising from these Terms.

16. Changes to Terms

16.1 Modification: CONAPI GmbH reserves the right to modify these Terms at any time. Users will be notified of any changes, and continued use of the Software after changes constitute acceptance of the updated Terms.

17. Contact Information

17.1 Questions: If you have any questions about these Terms or need support, please contact CONAPI GmbH at:

CONAPI GmbH
Sulzäckerstraße 5/1
2722 Winzendorf
Austria
Email: office@conapi.at
Support: support@conapi.at