BY DOWNLOADING INSTALLING OR USING ANY OF THE APICHAMP SOFTWARE SUBJECT TO THIS AGREEMENT, YOU ARE ACCEPTING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM DOWNLOAD, INSTALLING OR USING THE APICHAMP SOFTWARE SUBJECT TO THIS AGREEMENT. IF YOU ARE DOWNLOADING, INSTALLING OR USING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
General Terms and Conditions of Use (GTC) of the apichamp solutions GmbH for the use of APIChamp
apichamp solutions GmbH, Peter-Behrens-Platz 10/2nd floor, 4020 Linz, email: email@example.com, (hereinafter "apichamp solutions") offers various services in the field of digitalization and software development, such as the APIChamp software (hereinafter "APIChamp").
APIChamp is a backend platform that automatically creates a fully functional, scalable application from its users' OpenAPI specifications. APIChamp aims to replace the programming of backend software and thus facilitate access to data sources as software.
APIChamp can be downloaded and used free of charge as a basic version (hereinafter "Basic Version") via the internet platform hub.docker.com (hereinafter "DockerHub"). Some additional functions are not usable in the scope of the basic version and can be activated for the duration of 12 months against payment of a license fee.
Users can either use, administer and host APIChamp independently or transfer maintenance and hosting to apichamp solutions in exchange for a separate agreement.
2.1. These General Terms and Conditions of Use (hereinafter referred to as "GTC") of apichamp solutions apply to contractual agreements between the user and apichamp solutions that concern the use of APIChamp. Users in the sense of these GTC are companies in the sense of § 1 UGB.
2.2. These GTC apply exclusively and take precedence over the user's general terms and conditions. Any provisions of the user that conflict with or deviate from these GTC shall only apply if apichamp solutions expressly agrees to them in writing.
2.3. Unless expressly agreed otherwise, these GTC shall apply exclusively in the version valid at the time of the conclusion of the contract. The provisions of these GTC may be changed by apichamp solutions at any time without specifying the reasons. Changes will be announced at least 30 days before they come into force on the website www.apichamp.com and (if applicable) by sending the text of the contract to already existing users by e-mail (to the e-mail address last provided by the user). Amendments to the GTC shall be deemed accepted for existing contracts if the company does not object to the amendments in writing by email to firstname.lastname@example.org within 30 days of receipt of the aforementioned announcement. In the event of a timely objection, apichamp solutions reserves the right to terminate the contractual relationship with the user, considering any license periods pursuant to section 4.
3. Contractual object
3.1. apichamp solutions provides users (hereinafter "Users") with the APIChamp software, which allows Users to automatically create a fully functional, scalable application from the Users' OpenAPI specifications. The Software is intended to facilitate communication between datasources and software (hereinafter "Purpose").
3.2. The presentation of APIChamp on DockerHub does not constitute a legally binding offer, but serves solely to describe the content of APIChamp.
4. Conclusion of contract and extension of functions
4.1 The APIChamp software provided by apichamp solutions can be downloaded free of charge as a basic version via the DockerHub Internet platforms.
4.2 The user agreement between apichamp solutions and the user is concluded by downloading the basic version of APIChamp (hereinafter referred to as "user agreement") and is concluded for an indefinite period of time. By downloading the basic version, the user confirms that he/she has taken note of the GTC and agrees to their validity in full.
4.3 The activation of additional functions of APIChamp can be purchased via the website www.apichamp.com.
4.4. By confirming the activation of additional functions and the creation of a license key by apichamp solutions, the user is granted the use of the additional functions for the duration of 12 months in accordance with section 5.
4.5. The period referred to in section 4.4. starts to run when the license key is sent by e-mail and expires automatically after 12 months. Confirmation of receipt by the user is not required for the start of the time period.
4.6. An extension of the created license key is not possible. The user may request the creation of a new license via the website www.apichamp.com at the earliest 3 months before the expiry of the term referred to in section 4.4, so that the additional functions can continue to be used.
5. Rights of use and restrictions on use
5.1. apichamp solutions grants the user the limited, non-transferable, and non-exclusive right to use the basic version of APIChamp, subject to compliance with the terms of the agreement. This right is not transferable, not sublicensable and only to be used for the purposes permitted in these terms and conditions.
5.2. Unless otherwise agreed, the user is entitled to use the basic version of APIChamp exclusively on its own server and within the scope and on the basis of the provisions of these GTC for the term of the user agreement.
5.3. If the user acquires a license key to extend the functions according to section 4, apichamp solutions grants the user the limited, non-transferable, and non-exclusive right to use the additional functions of APIChamp, subject to compliance with the terms of the contract. This right is not transferable, not sublicensable and only to be used for the purposes permitted in these terms and conditions.
5.4. The user is not authorized to reproduce APIChamp. The user may not transfer APIChamp in physical form from one server to another. The user is not entitled to transfer APIChamp to third parties. In particular, he/she is not allowed to sell, lend, rent, or make APIChamp available to third parties. The user is obligated to secure the access to the software by appropriate technical and organizational measures against access by unauthorized third parties.
5.5. The user is not authorized to tamper with or have tampered with APIChamp and may not decompile or reverse engineer or disassemble the components of APIChamp or otherwise transfer APIChamp into a human readable form. The user is not entitled to remove or bypass available protection mechanisms of APIChamp against unauthorized use.
5.6. Excessive use and abuse of APIChamp may result in the temporary or permanent suspension of access to APIChamp. apichamp solutions alone decides when a use is abusive or excessive.
6. Terms of payment
6.1. The basic version of APIChamp is available to users for free on DockerHub.
6.2. For the provision and activation of additional functions of APIChamp, apichamp solutions is entitled to payment (hereinafter referred to as "license fee").
6.3. If the user has requested the activation of the additional functions of APIChamp in accordance with section 4, the user must pay a monthly or annual license fee to apichamp solutions, depending on the payment method offered.
6.4. The prices and payment methods for activating the additional functions are based on the information on the website www.apichamp.com.
6.5. The payment of the license fee must be made via the payment platform Stripe.
6.6. Invoices, order confirmations and license keys are sent automatically and exclusively by email.
6.7. If fees or taxes are incurred while using APIChamp (country-specific), the user is obligated to pay these in a timely manner and to indemnify and hold apichamp solutions harmless against third parties who may assert direct claims against apichamp solutions.
7. Further developments/updates
7.1. apichamp solutions is constantly striving to further develop APIChamp. apichamp solutions will make these further developments or updates available on DockerHub to those users who have purchased a license key for extended functions in accordance with section 4. within the scope of these GTC. There is no entitlement to certain further developments. Basic users are not entitled to further developments.
7.2. The further development of APIChamp can lead to an extension and/or modification of APIChamp with the consequence that new functionalities are available, existing functionalities are optimized in the process and/or the user guidance or the data management is adapted to the state of the art.
7.3. Further developments of APIChamp are offered via DockerHub and are not made available to users in an automated way. Each user is responsible for regularly checking DockerHub for advancements and downloading and installing advancements at their own discretion.
8. Maintenance, installation, and hosting
8.1. APIChamp is installed by the user. APIChamp is installed on the user's server.
8.2. The installation and updating of APIChamp on the user's servers (hereinafter "maintenance") as well as the installation and execution of API-Champ on apichamp solutions's servers (hereinafter "hosting") may be assigned by the user to apichamp solutions against separate agreement.
8.3. The implementation of the installation and maintenance of APIChamp by apichamp solutions can be requested on the website www.apichamp.com.
9.1. The statutory warranty provisions shall apply to the exclusion of the reversal of the burden of proof provided for by law. It is up to the user to provide evidence that a defect existed at the time of handover. The statutory warranty period is limited to 6 months.
9.2. apichamp solutions does not warrant that users' expectations regarding APIChamp will be met.
9.3. Technical specifications and descriptions on the website www.apichamp.com as well as on the internet platform DockerHub do not constitute agreed or warranted characteristics of APIChamp and are subject to change by apichamp solutions.
10.1. Unless otherwise stipulated in written agreements between apichamp solutions and the user or in mandatory statutory provisions, claims for damages and other claims for reimbursement of expenses by the user are excluded, irrespective of the legal grounds.
10.2. The limitation of liability does not apply if damage was caused by apichamp solutions due to gross negligence or intent. Liability for personal injury remains unaffected.
10.3. APIChamp may not be used for any legally abusive purposes. apichamp solutions is not liable for any misuse or use of APIChamp contrary to the purpose of these GTC.
10.4. apichamp solutions excludes any liability for indirect damages, loss of profit, loss of interest, missed savings, (defect) consequential damages and financial losses or damages from third party claims.
10.5. apichamp solutions is not liable for any damage caused by the installation or use of APIChamp (eg. data loss). apichamp solutions is not responsible for security and safety measures in the user's data storage. The user is obliged to provide a sufficient backup of his data. In addition, apichamp solutions is not liable for APIChamp to be free of defects or for damages caused by a defective configuration of the user, for whatever legal reason.
10.6. Furthermore, apichamp solutions is not liable and does not assume any warranty for a certain property, a certain use, a certain success, or a certain result.
10.7. apichamp solutions is not liable for the infringement of third-party rights by the user, in particular not for compliance with or infringement of copyright and trademark protection provisions. If claims are made against apichamp solutions by third parties due to such an infringement of the user's rights, the user shall indemnify and hold apichamp solutions harmless; the user shall thus compensate apichamp solutions for all disadvantages incurred by apichamp solutions due to the use of APIChamp.
11. Data protection
11.1. apichamp solutions will comply with the data protection regulations applicable in Austria in each case with the user.
11.2. If the user collects, processes or uses personal data, he/she guarantees that he/she is entitled to do so in accordance with the applicable provisions, in particular those relating to data protection law, and in the event of a breach he/she shall indemnify apichamp solutions against claims by third parties.
11.3. If apichamp solutions processes personal data in the course of separately agreed maintenance work in accordance with section 8. of these GTC, the data processing agreement shall be deemed to have been accepted by the user and responsible party.
12. Termination of the contractual relationship
12.1. The user agreement runs for an indefinite period for the basic version and can be terminated at any time in text form by both apichamp solutions and the user. Users who have been provided with a license key in accordance with Section 4 may terminate the license agreement upon expiration of the period specified in item 4.
12.2. Upon termination of the user agreement, the right of use and access to APIChamp expires.
12.3. apichamp solutions is entitled to block access temporarily or permanently to APIChamp for users who violate these GTC and/or to terminate the user contract without notice in the event of culpable and serious or repeated violations of these GTC. After such an incident, the user loses access to APIChamp even in the case of a valid license key disregarding the deadlines specified in section 4.
13.1. For all disputes arising from and in connection with this contract, if the user is a legal entity or has no general place of jurisdiction in Austria, Linz (Austria) is agreed as the exclusive place of jurisdiction.
13.2. Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law.
13.3. Should any part of these GTC be invalid, this shall not affect the validity of the remaining provisions.
13.4. All agreements as well as any subsequent supplementary or deviating additional agreements must be in writing to be effective. This shall also apply to any waiver of this written form requirement. For compliance with the written form, the text form (email) is sufficient. In case of contradictions between these GTC and deviating written agreements between the contracting parties, the provisions of the deviating agreements shall prevail.