Licence terms — ArbeitszeitCheck Mobile & Terminal

1. Scope & parties

The parties are Software by Design GbR, Husumer Baum 2, 24837 Schleswig, Germany (“Provider”), and the purchasing organisation (“Customer”).

Customer purchase terms apply only if the Provider accepts them in writing (text form is sufficient). By accepting a quote, paying an invoice, or activating a licence key, the Customer accepts these terms.

2. Subject matter

The subject is a time-limited, non-exclusive organisation licence to use one or both official client apps:

• ArbeitszeitCheck Mobile — app for named users (seats)
• ArbeitszeitCheck Terminal — foyer time-clock app for paired tablets (device slots)

The licence allows use of the apps against the Customer’s own Nextcloud instance running the open-source ArbeitszeitCheck server app. The apps remain the property of the Provider or its rightsholders; access is licensed, the software copy is not sold.

3. Separation from the web app (AGPL)

The Nextcloud web app ArbeitszeitCheck is licensed under the GNU Affero General Public License v3.0 or later and is not covered by these terms. Source code and use of the web app follow the AGPL only.

The official Mobile and Terminal apps are proprietary. They are not AGPL-licensed and must not be used for productive clocking without a valid organisation licence.

4. Licence scope

1. The licence covers the numbers of mobile seats and/or terminal devices and the term stated in the quote or invoice.
2. Mobile seats are named Nextcloud user accounts assigned by the Customer. Terminal slots correspond to paired devices.
3. Unless expressly agreed otherwise, the licence covers the organisation’s one production instance for which the key was issued.
4. Employees may use the app on devices where they are the primary user, provided a seat or valid device pairing exists.
5. Demo licences are free, limited in time and volume, and for evaluation only — not ongoing production use.

5. Licence key & ownership

The issued licence key (AZC2) belongs to the purchasing organisation. It must not be sold, rented, lent, or shared outside the organisation.

The Customer must protect the key reasonably (no public posting in tickets, forums, or chat). Misuse or sharing with other organisations may lead the Provider to suspend or terminate the licence.

6. Customer duties

• Operate and secure their own Nextcloud, including backups and updates
• Correctly apply the key and assign seats/devices
• Procure hardware (tablets, NFC badges, readers) if needed
• Comply with working-time and data-protection law under their own responsibility (e.g. ArbZG, AZG/ARG, ArG, GDPR)
• Not circumvent licence checks (e.g. patched clients) and not disclose Provider signing secrets

7. Updates & support

During the paid term the Provider makes updates of the official apps available through usual channels (e.g. Google Play), as far as technically and commercially reasonable.

Included is e-mail support at info@software-by-design.de with a target response within two business days. Not included: hosting, 24/7 hotline, on-site service, or custom feature development — unless commissioned separately.

8. Term & renewal

The licence runs for the agreed period (typically 12 months) until the date on the key. Renewal requires renewed payment and issuance of a new key with an updated validity date.

After expiry, Mobile/Terminal access ends. The web app on the Customer instance remains usable independent of this licence.

9. Prices & payment

The prices stated in the quote and invoice apply. Public list prices on the website are guidance only; the individual quote is binding.

Prices are net plus statutory VAT where applicable. Payment after invoice without deduction unless otherwise agreed. The licence key is normally issued only after payment is received.

Current list prices: product pricing. Buying process in plain language: Sales FAQ.

10. Refunds

A statutory consumer cooling-off right generally does not apply to this B2B contract.

The Provider voluntarily grants a refund within 14 days of payment if the licence key has not yet been activated on a production Nextcloud. Request by e-mail with the invoice number.

After production activation or after the deadline, there is no claim to a pro-rata refund of the current term. Demo licences are free and not refundable.

11. Warranty & liability

The Provider warrants that, when used as intended with supported server-app versions, the licensed apps provide the essential described functions. No guarantee of uninterrupted operation on Customer infrastructure.

Towards business customers, the Provider’s liability — to the extent permitted by law — is limited to intent and gross negligence and to breach of essential contractual duties (cardinal obligations); in the latter case limited to typically foreseeable damage, and at most to the net amount paid by the Customer for the affected licence period.

Mandatory liability (e.g. under the German Product Liability Act) and liability for injury to life, body, or health remain unaffected.

The Provider is not liable for data loss where the Customer failed to keep appropriate, state-of-the-art backups.

12. Privacy

The Customer processes working-time data on their own infrastructure. The licence sale does not give the Provider access to the Customer’s production data.

Client-app notices: Mobile privacy, Terminal privacy. Website: privacy policy.

13. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Venue for merchants and public-law entities is — where permitted — Kiel, Germany.

If any provision is invalid, the remainder stays in force. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.

Changes to these terms apply to new purchases and renewals from publication on this page or from an expressly agreed text. For an ongoing period, the text applicable at contract formation remains decisive unless otherwise agreed.

Contact

Software by Design GbR
Husumer Baum 2
24837 Schleswig, Germany
info@software-by-design.de
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