# Terms and Conditions Last Updated: 2025-10-22 Welcome to ergonis GmbH. Please read these Terms of Service ("Terms", "Terms of Service") carefully before purchasing our software products ("Service") operated by ergonis GmbH ("us", "we", or "our"). By purchasing or using our software products, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to purchase or use our products. ## 1. Use of Services ### 1.1. Eligibility You must be at least 18 years old to purchase and use our software products. By purchasing our products, you represent and warrant that you have the legal capacity to enter into a binding agreement. ### 1.2. Account Registration You may be required to create an account to manage your purchases and licensing information. You must provide accurate and complete information when creating an account and keep this information up to date. ### 1.3 Privacy and Data Protection By purchasing or using our software products, you acknowledge that your personal data will be processed in accordance with our [Privacy Notice](https://ergonis.com/en/privacy/). We comply with the General Data Protection Regulation (GDPR) and other applicable privacy laws when collecting, storing, and using your data. ## 2. License Types ### 2.1. Subscription License A Subscription License grants you the right to use the software for a specific period as defined by the subscription plan you select. The subscription will automatically renew unless canceled prior to the renewal date. ### 2.2. Perpetual License A Perpetual License grants you a non-exclusive, non-transferable right to use the software indefinitely, subject to these Terms. ## 3. External Providers ### 3.1. Licensing Service We use an external provider for our licensing services. By purchasing our software products, you agree to comply with the [terms and conditions](https://licensespring.com/terms-of-service/) of the external licensing provider. ### 3.2. Payment Processing Payments are processed by an external provider. By making a purchase, you agree to comply with the [privacy](http://fastspring.com/privacy/), [terms and conditions](https://fastspring.com/legal/terms-sale/) of the external payment provider. ### 3.3. Help Center and Support Platform Help Center and Support Platform is hosted by an external partner. By making a purchase, you agree to comply with the [Agreements and Terms](https://www.zendesk.com/company/agreements-and-terms/), of the external provider. ### 3.4 International Data Transfers Some external providers are located outside the European Union or the European Economic Area. We ensure that any transfer of personal data to these providers complies with the GDPR through Standard Contractual Clauses or adequacy decisions issued by the European Commission. ## 4. User Responsibilities ### 4.1. Acceptable Use You agree not to use the software for any unlawful purpose or in any way that could harm us, our software, or any third party. Prohibited activities include, but are not limited to, unauthorized access, distributing malware, or violating intellectual property rights. ### 4.2. User Content You are responsible for any content you create while using our software. ## 5. Intellectual Property ### 5.1. Ownership All intellectual property rights in the software and its content are owned by us or our licensors. You may not use our intellectual property without our prior written consent. ## 6. Individual Contracts for Site Customers For site customers, individual contracts will be set up to specify the terms of service and use. These individual contract terms will govern the relationship between you and us. While these general terms apply to all users, in the event of any contradictions between the general terms and the individual contract terms, the individual contract terms will supersede the general terms. ## 7. Installation and Use ### 7.1. On-Premise Installation Our software products must be installed on-premise. You are responsible for the installation and maintenance of the software on your own systems. ### 7.2. Support and Updates We may offer support and updates for our software products as described in your individual contract or subscription plan. ## 8. Refund Policy ### 8.1. Right to Refund Customers have the right to request a refund within 14 days of purchase if they are not satisfied with our software products. To request a refund, please contact us at [office@ergonis.com](mailto:office@ergonis.com). ### 8.2. Refund Process Upon receiving a refund request, we will evaluate the claim and notify you of the approval or rejection of your refund. Approved refunds will be processed and a credit will be applied to your original method of payment within a certain number of days. ### 8.3. Exceptions Refunds are not available for software products that have been significantly used or tampered with. Any violation of our terms of service may result in the denial of a refund request. ## 9. Right of Withdrawal ### 9.1. Right of Withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days after the day on which you acquire the license. ### 9.2. Exercising the Right of Withdrawal To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement to [office@ergonis.com](mailto:office@ergonis.com). You may use the attached model withdrawal form, but it is not obligatory. ### 9.3. Effects of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. ## 10. Consumer Protection Rights ### 10.1. Unrestricted Rights Nothing in these Terms shall affect the statutory rights of consumers under the laws of the European Union. ### 10.2. Dispute Resolution In the event of a dispute, you have the right to contact the competent consumer protection authorities in your country or use the EU Online Dispute Resolution platform available at [https://ec.europa.eu/consumers/odr/main/?event=main.home2.show](https://ec.europa.eu/consumers/odr/main/?event=main.home2.show). ### 10.3. Additional Rights As a consumer, you may have additional rights under applicable law which vary from country to country. These rights include but are not limited to, rights related to faulty or misdescribed products and services. ## 11. Termination ### 11.1. Termination by You You may terminate your account at any time by following the instructions on our website. Upon termination, you will lose access to any support and updates associated with your account. ### 11.2. Termination by Us We reserve the right to terminate or suspend your account and access to the software at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. ## 12. Disclaimers and Limitation of Liability ### 12.1. Disclaimer of Warranties The software is provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the software will be uninterrupted or error-free. ### 12.2. Limitation of Liability In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with the use or inability to use the software. ## 13. GDPR Compliance We are committed to protecting your privacy and complying with the General Data Protection Regulation (GDPR). By using our software products, you agree to the collection and use of information in accordance with our [Privacy Policy](https://ergonis.com/en/privacy/). We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including pseudonymization and encryption of personal data, ensuring ongoing confidentiality, integrity, availability, and resilience of processing systems and services. You have the right to access, rectify, erase, restrict, or object to the processing of your personal data and the right to data portability. To exercise these rights, please contact us at [office@ergonis.com](mailto:office@ergonis.com). ## 14. Governing Law These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. ## 15. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. ## 16. Governing Data Protection Law All processing of personal data is subject to the EU General Data Protection Regulation (GDPR) and applicable national laws. For privacy-related inquiries, please contact: [office@ergonis.com](mailto:office@ergonis.com). ## 17. Contact Us If you have any questions about these Terms, please contact us at [office@ergonis.com](mailto:office@ergonis.com). By purchasing and using our software products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.