MARKETPLACE SOFTWARE LICENSE TERMS
These license terms (“Agreement”) are between mse Business Consulting GmbH, Manfred-Woerner-Str. 115, 73037 Goeppingen (“mse Business Consulting GmbH”) and you, the customer purchasing the software via an authorized online marketplace (e.g., Microsoft AppSource, Azure Marketplace, AWS Marketplace). By subscribing to, accessing, or using the software-as-a-service (SaaS) offering (“Service”), you agree to be bound by this Agreement and the applicable Marketplace Terms of Use. If you do not agree, you must not access or use the Service.
1. SERVICE DELIVERY
The Service is provided as a hosted, cloud-based solution operated by mse Business Consulting GmbH or its authorized hosting partners. No local installation is required. Access to the Service is enabled through the marketplace subscription process.
2. SUBSCRIPTION AND BILLING
Your right to use the Service is subject to your active subscription via the Marketplace. Fees, billing cycles, renewals, and cancellations are managed directly by the Marketplace operator. Termination of the subscription by you or by the Marketplace operator will result in the immediate revocation of access to the Service.
3. LICENSE SCOPE
The Service is licensed, not sold. You are granted a non-exclusive, non-transferable right to use the Service for your internal business purposes only, subject to the terms of this Agreement and the Marketplace Terms of Use.
4. SERVICE AVAILABILITY AND SUPPORT
mse Business Consulting GmbH will use commercially reasonable efforts to maintain Service availability of at least 99.5% per calendar month, excluding scheduled maintenance windows and factors outside our reasonable control. Support is provided during normal business hours (CET) via the contact channels listed in the Marketplace listing.
5. DATA HANDLING AND PRIVACY
Customer data processed by the Service will be handled in accordance with applicable data protection laws, including the GDPR. Details are provided in our Privacy Policy. Upon termination of your subscription, you may request a copy of your data within 30 days. After this period, mse Business Consulting GmbH will delete or anonymize all customer data, except where retention is required by law.
6. RESTRICTIONS
You may not (a) reverse engineer, decompile, or disassemble the Service; (b) use the Service to provide commercial hosting services to third parties; (c) circumvent any security or access control mechanisms; or (d) use the Service in violation of applicable laws or regulations.
7. MARKETPLACE TERMS
This Agreement supplements the Marketplace Terms of Use. In the event of a conflict between this Agreement and the Marketplace Terms of Use, the Marketplace Terms shall prevail with respect to subscription management and billing.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, mse Business Consulting GmbH’s total liability for all claims arising from or relating to the Service will not exceed the total amount paid by you for the Service in the 12 months preceding the claim.
9. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of Germany. Any disputes shall be subject to the exclusive jurisdiction of the competent courts in the district of Göppingen, Germany.
10. CONTACT INFORMATION
mse Business Consulting GmbH
Manfred-Woerner-Str. 115
73037 Goeppingen
Germany