End-User Licence Agreement (EULA)

“Software” means all TASSTA-branded software applications (including, without limitation, T.Flex, T.Rodon, T.Commander, T.Rodon SMART, T.Mugen, T.Lion, T.Brother, T.Bridge, T.Recorder, T.Quasar, T.Star, T.Galaxy, T.Writer, T.Gravity, and Admin Center), together with any associated documentation, configuration files, updates, patches, and upgrades provided by TASSTA from time to time.

“TASSTA” means GMC TASSTA GmbH, with its registered address at Kurfürstendamm 14, 10719 Berlin, Germany, and, where the context requires, its affiliate TASSTA Technologies FZE, DSO-THUB-G-D-FLEX-G118, Dubai Silicon Oasis, Dubai, United Arab Emirates.

“You” / “User” means the natural or legal person who installs, accesses, or uses the Software, whether directly or through an authorised reseller or partner.

“Device” means any hardware on which the Software is installed or from which it is accessed, including but not limited to smartphones, tablets, desktop computers, rugged devices, and body-worn cameras.

“Authorised Partner” means a third-party reseller, distributor, or integrator that has entered into a valid sales or partner agreement with TASSTA.

“Service Level Agreement” / “SLA” means a separate agreement between TASSTA (or an Authorised Partner) and the User governing support, maintenance, and service availability commitments.

Unless expressly permitted by this Agreement, by mandatory applicable law, or by prior written consent of TASSTA, You shall not:
(a) copy, reproduce, or duplicate the Software, in whole or in part, except for a reasonable number of backup copies;

(b) modify, adapt, translate, or create derivative works based on the Software;

(c) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, except to the extent expressly permitted by Sections 69d and 69e of the German Copyright Act (UrhG) or by Article 6 of Directive 2009/24/EC (the EU Software Directive) for the purposes of achieving interoperability with independently created software;

(d) sublicense, rent, lease, lend, sell, distribute, or otherwise transfer the Software or any licence key to any third party without TASSTA’s prior written consent;

(e) remove, alter, or obscure any proprietary notices, labels, or marks on the Software;

(f) use the Software to provide services to third parties (e.g., as a service bureau) unless explicitly authorised under a separate agreement;

(g) use the Software for any unlawful purpose or in violation of any applicable laws or regulations.

4.1 Ownership
All rights, title, and interest in and to the Software, including all intellectual property rights (copyrights, patents, trademarks, trade secrets, and any other proprietary rights), remain exclusively with TASSTA. Nothing in this Agreement shall be construed as transferring any such rights to You.

4.2 Feedback
If You provide TASSTA with suggestions, ideas, or feedback regarding the Software, TASSTA may freely use such feedback without any obligation or compensation to You.

TASSTA may, at its sole discretion, release updates, patches, or new versions of the Software. Whether such updates are included in Your licence depends on the terms of Your SLA or subscription. Updates are subject to the terms of this Agreement unless accompanied by a revised EULA, in which case the revised EULA shall apply. TASSTA is under no obligation to provide updates or to maintain backward compatibility with previous versions unless explicitly agreed in an SLA.

6.1 GDPR Compliance
TASSTA processes personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, “BDSG”). TASSTA’s Privacy Policy, available at www.tassta.com, describes in detail how personal data is collected, processed, stored, and protected.

6.2 Data Processing
Where TASSTA processes personal data on behalf of the User (as a data processor within the meaning of Article 28 GDPR), the parties shall enter into a separate Data Processing Agreement (DPA). The User shall ensure that it has obtained all necessary consents and legal bases for the processing of personal data through the Software.

6.3 Telemetry and Diagnostics
The Software may collect anonymised, non-personal telemetry data for the purpose of improving product quality and performance. Such data collection shall comply with applicable data protection laws. You may disable telemetry where technically feasible and where a corresponding setting is provided in the Software.

7.1 Statutory Warranty (Gewährleistung)
The statutory warranty rights under German law (§§ 434 et seq. BGB) apply. TASSTA warrants that the Software shall be substantially free from material defects (Sachmängel) and defects of title (Rechtsmängel) at the time of delivery. The statutory limitation period for warranty claims is twelve (12) months from delivery, except in cases of intent (Vorsatz) or fraudulent concealment of defects, where statutory limitation periods apply without restriction.

7.2 No Additional Warranty
Beyond the statutory warranty rights set out in Section 7.1, and any express commitments made in an applicable SLA, TASSTA makes no additional warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or uninterrupted or error-free operation. This clause does not affect mandatory consumer rights under applicable EU or German law.

7.3 Defect Remediation
In the event of a material defect, TASSTA shall, at its option, either repair the defect (Nachbesserung) or deliver a replacement (Nachlieferung). If two attempts at remediation fail, You may reduce the purchase price (Minderung) or withdraw from the contract (Rücktritt), subject to the statutory requirements.

8.1 Unlimited Liability
TASSTA’s liability shall be unlimited for (a) damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit); (b) injury to life, body, or health (Verletzung des Lebens, des Körpers oder der Gesundheit); (c) claims under the German Product Liability Act (Produkthaftungsgesetz); and (d) any liability that cannot be limited or excluded under mandatory applicable law.

8.2 Liability for Slight Negligence
In the event of a breach of a material contractual obligation (wesentliche Vertragspflicht / Kardinalpflicht) caused by slight negligence (leichte Fahrlässigkeit), TASSTA’s liability shall be limited to the foreseeable, typically occurring damage (vorhersehbare, vertragstypische Schäden) at the time the Agreement was concluded.

8.3 Exclusion of Further Liability
Subject to Sections 8.1 and 8.2, TASSTA shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profit, loss of data, business interruption, or loss of goodwill.

8.4 Applicability
The limitations and exclusions set out in this Section 8 shall apply to all claims for damages regardless of their legal basis, including contractual claims, tort claims, and claims based on the breach of statutory duties

9.1 Term
This Agreement takes effect upon Your first installation, download, or use of the Software and shall remain in force for the duration of the applicable licence or subscription period. Perpetual licences remain in effect indefinitely unless terminated in accordance with this Section.

9.2 Termination by You
You may terminate this Agreement at any time by uninstalling the Software from all Devices and destroying or deleting all copies in Your possession.

9.3 Termination by TASSTA
TASSTA may terminate this Agreement with immediate effect by written notice if You materially breach any term of this Agreement and fail to cure such breach within thirty (30) days of receiving written notice specifying the breach.

9.4 Termination for Good Cause
Either party may terminate this Agreement with immediate effect for good cause (aus wichtigem Grund) in accordance with § 314 BGB.

9.5 Effects of Termination
Upon termination, Your licence to use the Software shall immediately cease. You must uninstall the Software from all Devices and destroy or delete all copies. Termination shall not affect any rights or obligations that have accrued prior to the effective date of termination. Sections 4 (Intellectual Property), 6 (Data Protection), 7 (Warranty, to the extent claims have arisen), 8 (Limitation of Liability), and 11 (Governing Law) shall survive termination.

The Software may be subject to export control laws and regulations of the European Union, Germany, and/or other jurisdictions. You shall comply with all applicable export control and sanctions laws and shall not export, re-export, or otherwise make available the Software to any country, entity, or person prohibited by such laws without the necessary authorisations.

11.1 Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding German conflict-of-law rules.

11.2 Jurisdiction
The courts of Berlin, Germany, shall have exclusive jurisdiction for any disputes arising out of or in connection with this Agreement, provided that the User is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law. If the User is a consumer within the meaning of § 13 BGB, the statutory rules on jurisdiction shall apply.

11.3 Consumer Dispute Resolution
In accordance with Article 14(1) of Regulation (EU) No 524/2013, TASSTA informs You that the European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. TASSTA is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (VSBG).

12.1 Entire Agreement
This Agreement, together with any applicable SLA, order form, or licence certificate, constitutes the entire agreement between You and TASSTA with respect to the subject matter hereof. Any prior oral or written agreements, representations, or understandings relating to the Software are superseded.

12.2 Amendments
TASSTA may amend this Agreement by providing You with at least thirty (30) days’ prior written notice (including by email or in-app notification). Your continued use of the Software after the effective date of the amendment constitutes acceptance of the amended terms. If You do not agree to the amended terms, You must cease using the Software and terminate this Agreement in accordance with Section 9.2. Material amendments that adversely affect Your rights shall require Your affirmative consent where required by applicable law.

12.3 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The parties shall endeavour to replace the invalid provision with a valid provision that most closely approximates the economic intent of the original provision.

12.4 Assignment
You may not assign or transfer this Agreement or any rights hereunder without TASSTA’s prior written consent. TASSTA may assign this Agreement to an affiliate or successor entity without Your consent.

12.5 Waiver
No failure or delay by TASSTA in exercising any right under this Agreement shall constitute a waiver of that right.

12.6 Language
This Agreement is drawn up in the English language. If translated into any other language, the English version shall prevail in the event of any conflict, except where prohibited by applicable law.

12.7 Contact
For questions or notices regarding this Agreement, please contact:
GMC TASSTA GmbH
Kurfürstendamm 14, 10719 Berlin, Germany
Email: hello@tassta.com
Web: tassta.com