Terms of Use

These Terms of Use apply to the SKYVVA Integration App (the "Service") -- a product of Apsara Consulting GmbH, located at 85456 Wartenberg, Germany (hereinafter referred to as 'Apsara').

1. Terms of Use

These Terms of Use govern your rights to use the Service. Unless expressly stated otherwise, all new features that may be added to the Service shall be subject to these Terms of Use.

2. Service

The user is responsible for ensuring access to the Service, which may include payment of third-party fees (e.g., internet service provider fees or Salesforce.com fees).

3. International Use

You acknowledge the global nature of the Internet and agree to comply with all local rules regarding online conduct and acceptable content.

4. Indemnification

The user agrees to indemnify and hold harmless Apsara and its subsidiaries, affiliates, officers, directors, agents, employees, and partners from any and all claims or demands.

5. Limitation of Liability

5.1 Slight Negligence

Apsara shall only be liable for slight negligence in the event of a breach of essential contractual obligations (cardinal obligations). Liability shall be limited to the typical, foreseeable damage.

5.2 Typical Damages

Liability is limited to typical, foreseeable damages that were foreseeable at the time the contract was concluded.

5.3 Indirect Damages

Liability for indirect damages, lost profits, data loss, or consequential damages is excluded to the extent permitted by law.

5.4 Statute of Limitations

Claims by the user against Apsara shall be subject to the statutory limitation periods.

5.5 Mandatory Liability

The foregoing limitations of liability shall not apply to damages arising from injury to life, body, or health, to claims under the German Product Liability Act, or in cases of intent or gross negligence.

5.6 Claims Against Employees

The foregoing limitations of liability shall also apply in favor of the employees, agents, and vicarious agents of Apsara.

7. Apsara Is Not Responsible for Storage of Content and Data

The Service is provided on the Salesforce.com platform. Salesforce.com stores content and data in accordance with its own terms of use. Apsara is not responsible for the storage, deletion, or non-delivery of content or data transmitted through the Service or stored on the Salesforce.com platform.

8. Changes to These Terms of Use

Apsara reserves the right to modify these Terms of Use at any time. Changes will be published on the website. Continued use of the Service after publication of changes shall be deemed acceptance of the modified Terms of Use.

9. Intellectual Property of Apsara

a) The Service and all related materials, including software, documentation, designs, graphics, and texts, are the copyrighted property of Apsara or its licensors.

b) The user is granted a non-exclusive, non-transferable right to use the Service in accordance with these Terms of Use. No further intellectual property rights are transferred.

c) The user may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Service, unless expressly permitted by applicable law.

10. Termination

Either party may terminate the Service with 90 days' notice to the end of the current contract term. Apsara may immediately suspend access to the Service if the user materially breaches these Terms of Use.

11. Payment Terms

The Service is offered on a subscription basis. The subscription renews automatically on an annual basis unless terminated with 90 days' notice before the end of the current contract term. Fees are payable in advance.

13. Confidentiality

Each party undertakes to treat confidential information of the other party as confidential and not to disclose it to third parties, unless this is necessary for the fulfillment of obligations under this agreement or required by law.

14. Advertising

The user permits Apsara to use the user's name and logo in marketing materials and on the Apsara website as a reference customer, unless the user expressly objects.

15. Miscellaneous

a) Governing Law and Disputes

These Terms of Use shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction shall be Munich, to the extent permitted by law.

b) Entire Agreement

These Terms of Use, together with the order forms, constitute the entire agreement between the parties and supersede all prior agreements.

c) Survival

Provisions which, by their nature, are intended to survive termination of the agreement shall remain in effect after termination.

d) Assignment

Neither party may assign its rights or obligations under this agreement without the prior written consent of the other party.

e) Relationship of the Parties

The parties are independent contractors. These Terms of Use do not create an employment relationship, partnership, or joint venture.

f) Notices

Notices in connection with these Terms of Use shall be sent in writing to the specified address of the respective party.

g) No Third-Party Beneficiaries

These Terms of Use do not create any rights in favor of third parties.

h) Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain unaffected.

i) Waiver

No waiver of any provision of these Terms of Use shall constitute a further or continuing waiver of such provision or any other provision.

j) Consulting Services

Consulting services may be agreed upon separately and shall be subject to separate contractual terms.