Terms & license conditions

§ 1 Scope

These terms apply to contracts for the software “ACHILON Security Management System (guard book)” and “ACHILON Security CRM” (together “Software”) between ACHILON UG (haftungsbeschränkt) i. G. (“ACHILON”) and businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law (“Customer”). Consumers are excluded. Deviating terms of the Customer do not apply.

§ 2 Conclusion of contract

The presentation on the website is not a binding offer. By clicking “Place binding order” the Customer makes an offer; the contract is concluded with our confirmation by e-mail or by providing the license. We may decline orders without giving reasons.

§ 3 Scope of services

Scope follows the product description at the time of ordering, the chosen edition, modules and number of users. Features marked “planned” or “in preparation” are not owed. ACHILON operates hosted instances on its own or contracted servers; a specific availability is only owed if agreed separately.

§ 4 License and right of use

The Customer receives a non-exclusive, non-transferable right to use the Software within the licensed scope (seats, edition, modules, installation) for its own business purposes. Licenses are provided as signed keys. Circumventing the license check, passing on, renting or modifying the Software is prohibited unless mandatory law permits it (§§ 69d, 69e UrhG).

§ 5 License models, term, termination

Monthly subscription: indefinite term, can be cancelled at the end of each calendar month. Annual subscription: 12 months, renewing for 12 months unless cancelled 1 month before expiry. Updates are included in subscriptions. Perpetual license: indefinite right of use for the purchased version; updates only with a service contract (12 months, renewing for 12 months, notice 3 months before expiry) or for a separate fee. Notices in text form. After the end of the contract data remains exportable in read-only mode for at least 30 days.

§ 6 Prices and payment

Prices from the price list at the time of order apply, net plus statutory VAT. Subscription fees are due in advance for each billing period, purchase prices and service contracts upon invoicing. Invoices are payable within 14 days. In case of payment default of more than 14 days ACHILON may restrict use to read-only. ACHILON announces price changes for running subscriptions 6 weeks in advance; the Customer may then terminate with effect from the change.

§ 7 Customer obligations

The Customer keeps credentials confidential, manages its users and is responsible for the lawfulness of processed data and for compliance with legal obligations (e.g. working-time, guarding and tax law). Planning hints in the Software do not replace legal review. When self-hosting, the Customer is responsible for operating, backing up and securing its server.

§ 8 AI features

AI features use a third-party key stored by the Customer; the contractual relationship and usage fees exist between Customer and provider. AI results may be wrong and must be reviewed before use.

§ 9 Warranty

ACHILON remedies defects within a reasonable period by correction or by providing a new version. For perpetual licenses the limitation period for defect claims is 12 months from delivery.

§ 10 Liability

ACHILON is liable without limitation for intent, gross negligence, injury to life, body or health and under the Product Liability Act. For slightly negligent breach of essential contractual obligations liability is limited to the typical foreseeable damage, at most the fees paid in the last 12 months. Otherwise liability is excluded. For data loss ACHILON is only liable to the extent that would have occurred with proper backups.

§ 11 Data protection

Where ACHILON processes personal data on behalf of the Customer (hosted instances, support), the parties conclude a data processing agreement under Art. 28 GDPR, provided with the license.

§ 12 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Nuremberg. Should a provision be invalid, the remainder of the contract stays effective.