Terms and conditions
Published: April 11, 2023. See previous versions (https://www.solutions2share.com/terms-and-conditions/#versions)
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 of application
- We provide our services exclusively on the basis of these T&C in connection with the contract concluded with the customer in the individual case concerning such services. If provisions are made in a contract which conflict with provisions in these T&C, the provisions in the contract shall, in case of doubt, take precedence over the relevant provision in these T&C. Any other agreements on the basis of which the provisions of these T&C are to be deviated from shall be made in text form, whereby correspondence via e-mail shall suffice.
- Any general terms and conditions of the customer shall not apply, even if we do not separately object to their validity. and Conditions of the customer shall not apply, even if we do not separately object to their validity. Their validity is hereby already objected to. Deviating, additional supplementary or contradictory terms and conditions are only included in a contract between Solutions2Share GmbH and the customer if and insofar as this has been expressly confirmed by us in writing.
- § 1 item 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.
§ 2 General license conditions
- We do not sell our software. We only grant licenses to use the software.
- We do not provide physical media with a copy of our software.
The application is provided as a Software as a Service application, which is operated in the Microsoft Azure Cloud environment by Solutions2Share GmbH. In the case of self-hosting, the files for installation are transmitted and made available digitally during installation. These files are stored in the customer’s Azure Cloud environment.
§ 3 Trial versions
- 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 files for installation are transmitted digitally and made available during installation. These files are stored in the customer’s Azure Cloud environment.
- When the application is activated via the Microsoft Teams App Store, a time-limited trial version is automatically made available with registration. The customer can then test the software over a trial period to familiarize himself with the software and review its features. Insofar as no trial period was specified during the software download or was agreed individually, the trial period is 14 days. The customer may only use the trial version for testing purposes within the trial period.
- With regard to the granting of the use of the software, including liability and warranty during the trial period, the provisions of the loan (§§ 598 ff. of the German Civil Code (BGB)) shall apply.
– 3.1 Liability for lost data within the application during the trial period is hereby excluded.
– 3.2 The above (§ 3 item 3.1) limitation of liability does not apply to liability under the German Product Liability Act (Produkthaftungsgesetz) or within the scope of guarantees assumed in writing by a party.
- In order to gain access to the trial version for the customer’s Microsoft 365 tenant, the customer must register with name, email and company. The license for the trial version is assigned the product duration and the tenant ID of the customer. Access to Solutions2Share applications is based on Microsoft Azure Active Directory (AAD) as the identity provider for authentication. Specifically, this means that user authentication is performed against the customer’s AAD, just like any other regular Office 365 authentication process.
- The license for the trial version (conclusion of the license agreement) is granted in accordance with the provisions of the license agreement. After expiry of the trial period, the license shall expire.
§ 4 Subscription
- Our software is offered with a limited license period (“subscription”). The type of license and its duration are specified in the price list, on the software’s website or in the contract offer. It is billed on a recurring and periodic basis in advance. Billing cycles are determined on an annual basis.
- The term of the subscription begins with the order confirmation or the contractually agreed license start date.
If the customer does not wish to extend the subscription, he must object to the extension 60 days before the expiry of the initially envisaged contract term or expiry of the extension period. Otherwise, the subscription shall be automatically renewed (in each case) at the end of each subscription term for a term of 12 months. If a shorter term than 12 months has been contractually agreed, the subscription shall be renewed at the end of the agreed subscription term for the length of time originally agreed in the contract. The customer can declare the objection either by e-mail to or by contacting the customer support of Solutions2Share GmbH.
- Solutions2Share GmbH accepts credit cards and payment of the invoice by bank transfer as valid payment methods. The customer must provide Solutions2Share GmbH with accurate and complete billing information, including full name, e-mail address, address, state, country, postal code, phone number and a valid payment method. Invoicing will only be done by e-mail with invoice in PDF format.
- The term of payment is 14 days after receipt of the invoice by the customer. The receipt on the account of Solutions2Share GmbH is decisive for the timeliness of the payment.
§ 5 Change of fees
The customer shall be notified in writing of the date of the change and the amount of the adjustment three months in advance in order to give him the opportunity to cancel his subscription before the change takes effect.
§ 6 Software support contracts
- No mere support contracts shall be concluded. The service is only available in combination with the software subscription.
- Support contracts are only available for the software and only during the period of validity of the license (i.e. when the customer has an active subscription).
- 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.
- Services are only provided under support contracts if you have a valid support contract. We provide services under support contracts to the following:
– 4.1 anyone who uses the software as a customer on their own behalf; or
– 4.2 anyone who uses the software in the name of or on behalf of the customer’s organization; or
– 4.3 anyone authorized by or acting on behalf of the customer’s organization, even if that person does not use the software.
- We will refuse to provide our services under support contracts in the event that you cannot identify yourself as authorized to use those services (for example, by providing a valid license key number or other credential confirming your authorization to act on behalf of the customer’s organization).
- If you wish to conclude a support contract, you must place an order and enter into an agreement with us. Such agreement will be entered into on the basis of these T&C and in accordance with the price lists available on our websites. The price for the support contract will be determined for the respective software version. When concluding the support contract for a more recent software version, other prices may apply.
- Support contracts are of a limited 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 the operation of our software and help you resolve other technical problems that you report to us and that arise when using our software.
- Your support contract will only ever relate to a particular type of our software for which you have purchased a subscription. We will not provide our services under any support contract for any software that is not covered by the scope of your support contract.
- In particular, we do not guarantee that the services provided under any support contract will always meet your requirements or expectations, or that our software will be free from operational errors and irregularities as a result of our services, or that our services will result in the resolution of all such errors and irregularities.
- We provide our services under support contracts by e-mail (“E-mail Support“) and by means of real-time communications such as telephone or online sessions (“Live Support“). To use E-mail Support, please contact us via this contact form. To use Live Support, please visit our website to see which forms of contact are currently available. In principle, live support is available Monday to Friday during business hours.
- In order to use our services under support contracts, you will need to use either your telephone device or your e-mail address. These services are provided by external network operators. All telephone calls to our contact numbers will be subject to the standard rates set by the network providers.
- We reserve the exclusive right to choose the tools and methods used to provide our services under support contracts. We will select these tools and methods based on the nature of the problem you report to us. You cannot request that we implement other methods or tools to provide our services to you under the support contract.
- 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 a different problem, a new Ticket will usually be created.
- We will only close your Ticket after we have conclusively answered your question, solved your problem or determined that your problem cannot be solved and informed you of this. We may re-open your Ticket in the future if further action is required in relation to your question or problem.
- 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.
§ 7 Intellectual property and improper use
- The Service and its original content, features and functions are and shall remain the exclusive property of Solutions2Share GmbH and its licensors. The Service is protected by copyright, trademark law 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.
- 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 a grant 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 the Software in whole or in part;
– 3.2 attempt to decompile or reverse engineer any software contained on our website;
– 3.3 remove any copyright or other proprietary notices from the Materials; or
– 3.4 transfer the Materials or the Software to any other person; or
– 3.5 sell, rent, sublicense, lease or distribute the Materials or the Software in any way, even temporarily. (This does not apply to authorized resellers)
- The user shall not use illegal content or content likely to prejudice public order or the rights of third parties in relation to the Service.
- The user must not use the service to commit illegal acts and guarantees Solutions2Share on first demand to be liable for all damages resulting from claims by third parties for breach of this guarantee.
- If the user violates any of these restrictions, Solutions2Shrare is entitled to terminate the subscription and consequently the license extraordinarily and without notice. Upon termination of this license, the customer must destroy all downloaded materials in his possession, whether in electronic or printed form.
§ 8 Granting of rights
- Upon full payment of the rent in accordance with the contract, Solutions2Share GmbH shall grant the customer the non-exclusive, non-transferable and non-sublicensable right, limited in time to the term of the contract, to use the software to the extent granted in the contract. In addition to downloading and installing the software, the contractual use of the software includes loading it into the working memory, displaying it and running it.
- Insofar as this is necessary for use in accordance with the contract, the customer shall be entitled to reproduce the software supplied. In particular, the loading of the software into the working memory shall be regarded as reproduction required for use in accordance with the contract. In addition, the customer is entitled to make a copy for backup purposes (“Backup Copy”). The customer shall be obliged to mark this Backup Copy as such and to affix a copyright notice of the manufacturer.
- If the software is made available to the customer by download, the creation of a backup copy is not permitted if it is possible to download the software again from the server of Solutions2Share GmbH.
- The customer is not entitled to reproduce the software unless otherwise provided by law.
- The lessee is not entitled to alter or modify the software unless the alteration or modification is a remedy of a defect necessary for the contractual use of the software and the lessor is in default with such remedy.
§ 9 Service contracts
- The subject matter of the contract shall be those services of Solutions2Share GmbH which are specified in the respective contract.
- Should Solutions2Share GmbH provide further services in addition to the expressly agreed services without additional remuneration, the customer has no claim to their provision.
- The term of payment is 14 days after receipt of the invoice by the customer. The receipt of payment on the account of Solutions2Share GmbH is decisive for the timeliness of payment.
- Unless otherwise stated in the contract, the prices stated therein do not include the statutory value added tax.
- Solutions2Share GmbH accepts credit cards and payment of the invoice by bank transfer as valid payment methods. The customer must provide Solutions2Share GmbH with accurate and complete billing information, including full name, e-mail address, address, state, country, postal code, telephone number and a valid payment method. Invoicing shall take place exclusively by means of e-mail with invoice in PDF format.
§ 10 Changes
- Solutions2Share GmbH reserves the right to amend or replace these terms and conditions at any time at its sole discretion.
- We will notify you of any changes at least three months before the new terms come into force.
- By continuing to access or use the Solutions2Share GmbH Service after these changes come into effect, the customer agrees to be bound by the revised terms. If the customer does not agree with the new terms and conditions, he must notify Solutions2Share GmbH of this in text form at least one month before the announced date of entry into force of the new terms and conditions. Such notification shall result in termination of the contract at the time the change takes effect.
- Solutions2Share GmbH is obligated to inform the customer at the beginning of the period specified in § 10 item 2 that his failure to act will have the consequence specified in § 10 item 3.
§ 11 Links to other websites
- 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 any third party websites or services.
- The inclusion of any link does not imply endorsement by Solutions2Share of the website. Use of any such linked website is at the user’s own risk.
- Users further acknowledge and agree that Solutions2Share shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or service.
- We strongly advise users to read the terms and conditions and privacy policies of any third party websites or services they visit.
§ 12 Liability and limitation of liability
- Should the customer discover defects in the software or in the documentation, the customer shall immediately notify Solutions2Share GmbH of these in writing.
- The customer shall allow Solutions2Share GmbH the access to the software and to the documentation required for the purpose of remedying the defect.
- Solutions2Share GmbH does not give any implied warranties and hereby disclaims all warranties that have not been expressly warranted in writing.
- Solutions2Share GmbH is liable without limitation:
– 4.1 in case of malice, intent or gross negligence;
– 4.2 within the scope of a guarantee expressly assumed in writing by Solutions2Share;
– 4.3 for damages resulting from injury to life, body or health;
– 4.4 for the breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer regularly relies and may rely (“cardinal obligation”);
– 4.5 in accordance with the provisions of the German Product Liability Act and the General Data Protection Regulation (GDPR)
- Any further liability of Solutions2Share GmbH is excluded. In particular, strict liability for initial defects according to § 536a paragraph 1 of the German Civil Code (BGB) is excluded.
- § 3 item 3 must be observed for trial versions.
- The customer must regularly back up his data. In the event of a loss of data for which Solutions2Share is responsible, Solutions2Share’s liability shall be limited to the typical recovery expense required in the event of regular, risk-compliant making of back-up copies. Any claims for damages of the customer against Solutions2Share GmbH are therefore limited to the amount of the damage that would have occurred in case of regular data backup.
- The customer is not entitled to claim a reduction in rent – unless it is undisputed or legally binding – by independently deducting the amount of the reduction from the current rent. The customer’s claim under the law of enrichment (§ 812 of the German Civil Code (BGB)) to reclaim the portion of the rent paid in excess due to a justified reduction shall remain unaffected.
- The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of Solutions2Share GmbH.
§ 13 Final provisions
- Our failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such rights.
- These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
- The contracts concluded between Solutions2Share GmbH and the customer, as well as all disputes that may arise in connection with them, shall be governed exclusively by German law, even in the case of foreign law.
- All declarations relevant to the content of the contract and the execution of the contract, in particular declarations of withdrawal, notices of termination or notifications of defects by the customer, must be sent to Solutions2Share GmbH in text form.
- Should one or more provisions contained in these T&C be or become invalid, this shall not affect the validity of the remaining provisions.
- 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.
- Should the customer be a merchant, a legal entity under public law or a special fund under public law or should the customer not have a general place of jurisdiction in Germany, the place of jurisdiction for all disputes in connection with these T&C and a contract concluded between the customer and Solutions2Share GmbH as well as its performance shall be (Fürth), unless an extraordinary place of jurisdiction exists for the same.