Terms and conditions

The following general terms and conditions (“Terms and Conditions”, “Terms of Use”, “T&C”) govern your relationship with Solutions2Share GmbH, the https://www.solutions2share.com website and the app services for Microsoft (the “Service”) operated by Solutions2Share GmbH (“us”, “we” or “our”).

Please read these Terms of Use carefully before using the Service.

Your access to and use of the Service is conditional upon your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the Service.

You must be of legal age in the state or province in which you reside. By accessing or using the Service, you agree to be bound by these terms. If you do not agree to any part of the terms, you must not access the Service.

§ 1 Scope, communication, and contact persons

  1. We provide our services exclusively on the basis of these General Terms and Conditions in conjunction with the contract concluded with the customer in each individual case for such services. If provisions are agreed in a contract that contradict the provisions of these General Terms and Conditions, the provisions in the contract shall take precedence over the relevant provisions in these General Terms and Conditions in case of doubt. Any other agreements that deviate from the provisions of these General Terms and Conditions must be made in writing, whereby correspondence via email is sufficient.
  2. Any general terms and conditions of the customer shall not apply, even if we do not separately object to their validity. Their validity is hereby rejected. Deviating, additional, supplementary, or contradictory terms and conditions shall only be included in a contract between Solutions2Share GmbH and the customer if and to the extent that this has been expressly confirmed by us in writing.
  3. Section 1 (2) shall also apply in the event that any general terms and conditions of the customer are to be included by means of a commercial letter of confirmation.
  4. The customer shall provide us with the names and contact details of one or more suitable contact persons and shall ensure that these are kept up to date during the term of the contract.
  5. Notifications, declarations, and information from Solutions2Share GmbH shall be deemed to have been received when they have been sent to the last contact address (e.g., email address) provided by the customer. We are not responsible for delays or failure to take note of notifications due to internal organizational circumstances at the customer’s premises, in particular the change or departure of contact persons, unless the customer has named a replacement or provided changed contact details.

§ 2 Licensing and rights of use

  1. We do not sell our software. We only grant licenses to use the software.
  2. We do not provide physical media with a copy of our software. The application is provided as a Software as a Service application operated by Solutions2Share GmbH in the Microsoft Azure Cloud environment. In the case of self-hosting, the installation files are transmitted digitally and made available during installation. These files are stored in the customer’s Azure Cloud environment.
  3. The customer may only use the software if they accept these terms and conditions together with our privacy policy and if they confirm that they have read and understood our license agreement. The license for the software is granted in accordance with the provisions of the concluded license agreement.

§ 3 Trial versions

  1. Some of our software types are available as free trial versions. The trial versions are provided as Software as a Service, which is operated in the Microsoft Azure Cloud environment by Solutions2Share GmbH. In the case of self-hosting, the installation files are digitally transmitted and made available during installation. These files are stored in the customer’s Azure Cloud environment.
  2. When the application is activated via the Microsoft Teams App Store, a time-limited trial version is automatically provided upon registration. The customer can then test the software during a trial period to familiarize themselves with the software and check its functions. If no trial period was specified during the software download or individually agreed upon, the trial period is 14 days. The customer may only use the trial version for testing purposes within the trial period.
  3. Trial versions of the software are provided to the customer free of charge, for a limited period of time, and exclusively for evaluation and testing purposes. Productive use of the trial version is not intended. Unless expressly agreed otherwise, there is no entitlement to specific functions, availability, support services, or a specific quality of service during the trial period. The customer is obliged to perform appropriate and regular data backups.
    – 3.1. Solutions2Share GmbH shall not be liable for any damage in connection with the use of the trial version, subject to mandatory statutory liability provisions. This includes, in particular, damage caused by data loss. This does not apply to damage caused by intentional or grossly negligent conduct on the part of solutions2Share GmbH.
    – 3.2. The above limitation of liability (§ 3 (3.1)) does not apply to mandatory liability under the Product Liability Act or in the context of guarantees assumed in writing by one of the parties.
    – 3.3. Otherwise, solutions2Share GmbH shall be liable exclusively in accordance with the general liability provisions of these General Terms and Conditions.
  4. In order to access the trial version for the customer’s Microsoft 365 tenant, the customer must register with their name, email address, and company. The license for the trial version is assigned to the product term and the customer’s tenant ID. Access to Solutions2Share applications is based on Microsoft Azure Active Directory (AAD) as the identity provider for authentication. This means, in particular, that user authentication is performed against the customer’s AAD, just like any other regular Office 365 authentication process.
  5. The customer may only use the trial version of the software if they accept these terms and conditions and our privacy policy and confirm that they have read and understood our license agreement.
  6. The license for the trial version (conclusion of the license agreement) is granted in accordance with the provisions of the license agreement. The license expires at the end of the trial period.

§ 4 Subscription

  1. Our software is offered with a limited license term as part of a subscription. The type of license, the respective contract term, minimum term, and notice periods are specified in the respective contract offer.
  2. The term of the subscription begins with the order confirmation or the contractually agreed license start date.

§ 5 Further development and modification of the software service

  1. The software products provided by us within the scope of the respective contract, including their functions, modules, and service components, are provided as digital services within the framework of an ongoing development, maintenance, and improvement process. We are entitled to further develop, adapt, and modify the software services, including their functions, modules, and user interfaces, in particular to improve the software technically, to adapt it to the state of the art, to security or compliance requirements, or to meet legal or regulatory requirements.
  2. Changes may also include the adaptation, redesign, or elimination of individual functions or service components, provided that this does not impair the contractually agreed or assumed purpose of the respective software service, does not result in a significant deterioration of the agreed service for the customer as a whole, and the usual interoperability of the software with the customer’s IT environment is maintained.
  3. We will inform the customer of any significant changes to the software services in a timely manner and in an appropriate form. Further rights of the customer remain unaffected if a change in an individual case leads to a significant impairment of the contractually owed service.
  4. Product or service descriptions, examples, screenshots, testimonials, or feature descriptions on the provider’s website are for informational and marketing purposes only. They do not constitute contractual performance commitments unless the relevant content is expressly mentioned and agreed upon in the offer or in the contractual service description.

§ 6 Price changes after the minimum contract term

Solutions2Share GmbH may, at its own discretion, change the purchase and subscription fees with effect for the period after the expiry of the originally agreed contract term. The customer must be notified in writing of the date of the change and the amount of the adjustment three months in advance to give them the opportunity to cancel their subscription before the change takes effect.

§ 7 Software support contracts

  1. No pure support contracts are concluded. The service is only available in combination with the software subscription.
  2. Support contracts are only available for the software and only during the validity period of the license (i.e., if the customer has an active subscription).
  3. Support contracts are only available for selected products that are clearly marked on our websites. Support contracts are either paid for separately or included in the price of the software.
  4. Services are only provided under support contracts if you have a valid support contract. We offer services under support contracts to the following persons:
    – 4.1. Anyone who uses the software as a customer in their own name, or
    – 4.2. Anyone who uses the software on behalf of or at the request of the customer’s organization, or
    – 4.3. Anyone who has been authorized by the customer’s organization or acts on its behalf or at its request, even if that person does not use the software themselves.
  5. We will refuse to provide our services under support contracts if you cannot identify yourself as authorized to use these services (e.g., by providing a valid license key number or other proof of authorization confirming your authority to act on behalf of the customer’s organization).
  6. If you wish to enter into a support contract, you must place an order and enter into an agreement with us. Such an agreement is concluded on the basis of these Terms and Conditions and the respective contract offer. The price for the support contract is determined for the respective agreed software version.
  7. Support contracts are limited in nature and relate only to the maintenance and use of our software. If you have a valid support contract or are using a trial version of our software, we will answer your questions about how our software works and help you solve other technical problems that you report to us and that arise when using our software.
  8. Your support contract always refers only to a specific type of our software for which you have purchased a subscription. We will not provide our services under support contracts for software that is not covered by the scope of your support contract.
  9. Although we do our best to resolve any issues you report to us, we do not guarantee that we will be able to help you in every case. In particular, we do not guarantee that the services provided under a support contract will always meet your requirements or expectations, or that our software will be free of operational errors and irregularities as a result of our services, or that our services will lead to the correction of all such errors and irregularities.
  10. We offer our services under support contracts via email (“Email Support”) and through real-time communication such as telephone or online sessions (“Live Support”). To use Email Support, please contact us using this contact form. To use live support, please visit our website to see which contact methods are currently available. Live support is generally available Monday through Friday during business hours.
  11. To use our services under support contracts, you must use either your telephone device or your email address. These services are provided by external network operators. All telephone calls to our contact numbers are subject to the standard rates set by the network operators.
  12. We reserve the exclusive right to choose the tools and methods used to provide our services under support contracts. We select these tools and methods based on the type of problem you report to us. You cannot demand that we implement other methods or tools to provide you with our services under the support contract.
  13. Once you have decided to contact us with your problem, we will register your question or problem and set up a ticket (“ticket”). We do not limit the number of tickets assigned to you. Therefore, if you contact us with another issue, a new ticket will usually be created.
  14. We will only close your ticket after we have definitively answered your question, resolved your issue, or determined that your issue cannot be resolved and notified you of this. We may reopen your ticket in the future if further action is required in relation to your question or issue.
  15. If you decide to share your system or software logs with us, or to conduct a live support session, it is your responsibility to remove or mask any personal data that may be contained in such logs or that may be visible to us during the live support session. If this is not possible, you should ensure that individuals whose personal data is contained in these logs or may be visible during the live support session are properly informed about the disclosure of their data. You can find more information about how we use logs and how we conduct live support sessions in the privacy policy.
  16. We will endeavor (but do not guarantee) to contact you on the next business day after the day of your problem request. However, this does not mean that we will resolve your problem within this period.

§ 8 Intellectual property and misuse

  1. The Service and its original content, features, and functionality are and will remain the exclusive property of Solutions2Share GmbH and its licensors. The Service is protected by copyright, trademark, and other laws both in Germany and abroad. Our trademarks may not be used in connection with any product or service without the prior written consent of Solutions2Share GmbH.
  2. The customer acknowledges and agrees that these Terms of Use do not grant them any rights to patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or other rights or licenses, except for the software license granted to them upon acceptance of these Terms of Use, unless expressly stated in these Terms of Use.
  3. Permission is granted to temporarily download one copy of the materials, content, and information (“Materials”) or trial software licenses (“Software”) from the Solutions2Share website for contractual and temporary use only. This is the granting of a license, not a transfer of title, and under this license you may not:
    – 3.1. modify, alter, adapt, or copy the Materials or Software in whole or in part;
    – 3.2. attempt to decompile or reverse engineer the Software contained on our website;
    – 3.3. remove any copyright or other proprietary notices from the Materials; or
    – 3.4. transfer the Materials or Software to another person; or
    – 3.5. sell, rent, sublicense, lease, or distribute the Materials or Software in any way, even temporarily. (This does not apply to authorized resellers.)
  4. The user may not use any illegal content or content that is likely to affect public order or the rights of third parties in connection with the Service.
  5. The user may not use the service to commit illegal acts and guarantees Solutions2Share, upon first request, to be liable for all damages resulting from third-party claims for breach of this guarantee.
  6. If the user violates any of these restrictions, Solutions2Share is entitled to terminate the subscription and thus the license extraordinarily and without notice. Upon termination of this license, the customer must destroy all downloaded materials in their possession, regardless of whether they are in electronic or printed form.

§ 9 Grant of rights

  1. Upon full payment of the remuneration in accordance with the contract, Solutions2Share GmbH shall grant the customer the non-exclusive, non-transferable, and non-sublicensable right, limited to the term of the contract, to use the software to the extent contractually agreed. In addition to downloading and installing the software, contractual use of the software includes loading it into the working memory, displaying it, and running the software provided.
  2. To the extent necessary for contractual use, the customer is entitled to reproduce the delivered software. Loading the software into the working memory is considered to be a reproduction necessary for contractual use. In addition, the customer is entitled to make a copy for backup purposes (“backup copy”). The customer is obliged to label this backup copy as such and to affix a copyright notice from the manufacturer.
  3. If the software is made available to the customer via download, the creation of a backup copy is not permitted if it is possible to download the software again from the Solutions2Share GmbH server.
  4. Otherwise, the customer is not entitled to make copies unless otherwise specified by law.
  5. The customer is not entitled to modify or edit the software. The only exception to this is the elimination of a defect that is absolutely necessary for the contractual use of the software, provided that Solutions2Share GmbH is in default with the elimination of the defect after setting a deadline without success and immediate self-performance is necessary to avert significant disadvantages.

§ 10 Service contracts and scope of services

  1. The subject matter of the contract shall be the services of Solutions2Share GmbH specified in the relevant contract offer in terms of their content and scope.
  2. If Solutions2Share GmbH provides additional services without additional remuneration in addition to the expressly agreed services, the customer shall have no claim to their provision.

§ 11 Terms of payment, invoicing, and due date

  1. Flat-rate services (in particular, but not limited to: software licenses, subscriptions, support services, maintenance services, workshops, and other flat-rate services) are bindingly ordered with the respective order.
  2. Flat-rate services are invoiced immediately upon ordering. Payment is due upon invoicing.
  3. If software licenses or subscriptions are the subject of the order, the term and service period shall commence at the time of order confirmation, unless otherwise agreed in the offer or service description.
  4. In the case of subscriptions, billing is on a recurring and periodic basis in advance. The billing cycle is generally annual, unless otherwise agreed in the respective offer.
  5. In the case of flat-rate services whose performance takes place in whole or in part at a later date (e.g., workshops or comparable services), the due date for payment remains unaffected by the timing of the service.
  6. Payment terms are specified in the respective invoice; unless otherwise agreed, the payment term is 14 days from receipt of the invoice by the customer. The date of receipt in the account of Solutions2Share GmbH is decisive for the timeliness of the payment.
  7. Unless otherwise stated in the offer, the prices quoted therein are exclusive of statutory sales tax.
  8. Solutions2Share GmbH accepts credit cards and payment by bank transfer as valid payment methods. The customer must provide Solutions2Share GmbH with accurate and complete billing information, including full name, email address, address, state, country, postal code, telephone number, and a valid payment method. Invoices are sent exclusively by email in PDF format.

§ 12 Changes to the terms and conditions

  1. We are entitled to change these terms and conditions if there is an objective reason for doing so, in particular due to legal or regulatory changes or to comply with mandatory legal requirements.
  2. Changes must not significantly affect the contractually agreed scope of services or the balance between services and consideration.
  3. We will inform the customer of changes to the terms and conditions in writing.

§ 13 Links to other websites

  1. Our service may contain links to third-party websites or services that are not owned or controlled by Solutions2Share GmbH. Solutions2Share GmbH has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services.
  2. The inclusion of a link does not imply that Solutions2Share endorses the website. Use of any such linked website is at the user’s own risk.
  3. Users further acknowledge and agree that Solutions2Share GmbH is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
  4. We strongly advise users to read the terms and conditions and privacy policies of third-party websites or services they visit.

§ 13 Liability and limitation of liability

  1. If the customer discovers defects in the software or documentation, they must notify Solutions2Share GmbH immediately in writing and allow Solutions2Share GmbH the necessary access to the software and documentation to remedy the defect.
  2. Solutions2Share GmbH does not assume any implied warranties. If, in exceptional cases, warranties are assumed, this shall be exclusively in express and written form.
  3. Solutions2Share GmbH shall be liable without limitation:
    – 3.1. in cases of malice, intent, or gross negligence;
    – 3.2. within the scope of a warranty expressly assumed in writing by Solutions2Share;
    – 3.3. for damages resulting from injury to life, limb, or health;
    – 3.4. for breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely (“cardinal obligation”);
    – 3.5. in accordance with the provisions of the Product Liability Act and the mandatory provisions of the General Data Protection Regulation (GDPR).
  4. In the event of a breach of essential contractual obligations (cardinal obligations), the liability of Solutions2Share GmbH in cases of simple negligence shall be limited to the foreseeable damage typical for this type of contract.
  5. Otherwise, Solutions2Share GmbH shall not be liable. In particular, strict liability for initial defects pursuant to Section 536a (1) of the German Civil Code (BGB) is excluded.
  6. For trial versions, Section 3 (3) – 3.3 shall also be observed.
  7. The customer is obliged to perform suitable and regular data backups. In the event of data loss for which Solutions2Share is responsible, the liability of Solutions2Share GmbH is limited to the typical restoration costs that would have been incurred if the customer had performed proper and regular data backups. Any claims for damages by the customer against Solutions2Share GmbH are therefore limited in amount to the damage that would have occurred if regular data backups had been performed.
  8. The customer is not entitled to claim a reduction by deducting the reduction amount from the current remuneration on their own initiative, unless the reduction is undisputed or has been legally established. The customer’s claim under the law of unjust enrichment pursuant to § 812 BGB (German Civil Code) remains unaffected by this.
  9. The above liability rules apply accordingly to claims against employees, legal representatives, and vicarious agents of Solutions2Share GmbH.

§ 15 Final provisions

  1. Our failure to enforce any right or provision of these Terms and Conditions shall not be construed as a waiver of such rights.
  2. These Terms and Conditions are governed by and construed in accordance with the laws of the Federal Republic of Germany.
  3. The contracts concluded between Solutions2Share GmbH and the customer, as well as any disputes arising in connection with these, are subject exclusively to German law, even if they involve foreign elements.
  4. Insofar as contractually provided for, all declarations by the customer relevant to the content and execution of the contract, in particular declarations of withdrawal, terminations, or notifications of defects, must be submitted to Solutions2Share GmbH in text form.
  5. Should one or more provisions contained in these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
  6. The place of performance for all obligations arising from the contractual relationship between the customer and Solutions2Share GmbH is the registered office of Solutions2Share GmbH, Dieter-Streng-Str. 3, 90776 Fürth, Germany.
  7. If the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction in Germany, the place of jurisdiction for all disputes in connection with these General Terms and Conditions and a contract concluded between the customer and Solutions2Share GmbH as well as its execution is Fürth, unless there is an extraordinary place of jurisdiction for these.