License Grant: Sana grants the customer a non-exclusive, non-transferable, and
non-sublicensable right to use the specified software and its documentation for the
duration of the contract. The software is accessed via the Internet.
Usage Restrictions: The customer must use the software only as per the contract
and must not share it with or make it accessible to third parties. Reverse
engineering, decompiling, disassembling, duplicating, or using any part of the
software to create another application is prohibited.
Acknowledgement of Rights: The customer acknowledges Sana as the sole
licensor and owner of the software, its enhancements, trademarks, names, and
patents. The customer must not remove or alter any copyright or proprietary
notices.
Data Rights
Ownership and Access: The customer retains sole ownership of all data collected,
processed, and generated by the software. Sana must provide access to this data
upon request, especially after contract termination, without any right of retention.
Responsibility: The customer is responsible for ensuring the legality of data
collection, processing, and use, as well as protecting the rights of individuals
(information, use, correction, blocking, deletion).
Violation of Terms
Termination: Sana may terminate the contract without notice if the terms of use are
violated. Sana reserves the right to claim damages resulting from such breaches.
Contract Duration and Termination
Term and Renewal: The minimum term for the SaaS service is one month, automatically renewing for the
same period unless terminated. Fees are collected
via direct debit or credit card.
Termination by Sana: Sana may terminate the contract for good cause, such as failed payments.
Cancellation: Customers can cancel their plan anytime, retaining access until the
end of the billing period. Payments are non-refundable.
Maintenance and Service Levels
Developments and Changes: Sana may make technical changes and
improvements to the service. Significant changes will be communicated in
advance, allowing the customer to terminate the contract if significantly
disadvantaged.
System Operation: Sana ensures the software operates in a suitable environment
and hardware configuration, including regular backups and necessary technical
measures (power supply, air conditioning, firewalls, etc.).
System Availability: The data center's network availability is 99% annually. The
customer is responsible for their Internet connection.
Warranty
Error Handling: While errors cannot be entirely excluded, Sana guarantees the
software is generally usable and will fix reproducible errors free of charge.
Alternatives or new versions may be provided.
Exclusions: Warranty claims are excluded for non-contractual use or customer
made changes. Claims are also excluded for indirect or economic losses.
Limitation of Liability
Liability Exclusions: Sana is not liable for telecommunications disruptions,
Internet line issues, force majeure, third-party faults, or customer errors.
Customers using Sana do so at their own risk regarding LinkedIn’s user agreement
violations, and Sana is held harmless from resulting claims.
Compensation and Payment
Fees: Monthly fees are charged for Sana's services, invoiced in advance.
Payment Terms: Payments are made by direct debit or credit card. Services may be
restricted if payments are overdue. Offsetting claims against Sana is only allowed if
legally established or recognized by Sana.
Confidentiality and Data Protection
Confidentiality: Both parties must keep all contract-related information
confidential, using it only for contract purposes. Exceptions include publicly
accessible information or court-ordered disclosures.
Data Protection: Personal data processing must comply with statutory data
protection laws, and the data protection declaration applies.
Final Provisions
Jurisdiction and Governing Law: The contract's place of performance and
jurisdiction is India, and Indian law exclusively applies.
Contract Validity: If any provision is invalid, the rest of the contract remains valid.
The invalid provision will be replaced with one that closely matches the economic
intent. Any contract amendments must be in writing.