Special Terms for the Software Use

Service Description

• Antemia provides the customer with access to the web-based multi-user modeling tool 'memodya' via the internet. The tool enables the creation, editing, and analysis of methods, processes, workflows.
• The software is hosted in a data center operated by a third-party provider. The selection of the hosting provider is at the sole discretion of Antemia.
• The software is subject to continuous improvements, including feature enhancements and bug fixes.
• The user is granted a non-exclusive, non-transferable license to use the product. All rights, title, and ownership of the product remain with the provider

Access Rights & User Management

• The customer is granted access to a dedicated tenant environment and may create and manage individual user accounts within this environment.
• Login credentials must be kept confidential and may only be shared with authorized users.
• The customer is responsible for ensuring that all users comply with these terms of use.

Availability & Maintenance

• Antemia aims to provide high availability, excluding scheduled maintenance and downtime caused by force majeure or third-party outages.
• Scheduled maintenance will be announced in advance.
• In case of unexpected issues, Antemia will take commercially reasonable efforts to resolve them promptly.

License and Usage Rights

• The customer is granted a non-exclusive, non-transferable, time-limited right to use the software for the duration of the agreement.
• Any resale, sublicensing, rental, or commercial exploitation of the software beyond the agreed scope is prohibited.
• Reverse engineering, decompilation, or modification of the software is not permitted unless expressly allowed by law.
• In case that our platform is not available for user access there is no right for recourse against ANTEMIA GmbH. The provided services and contents are provided on an “as is” and “as available” basis. ANTEMIA GmbH provides no warranties in any form for the reliability, availability, security, lack of errors, or accuracy of the content, and expressly disclaims any warranties or conditions including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ANTEMIA GmbH does not warranty that you will obtain specific results from the use of the course, content or other services provided on this website.

Customer Responsibilities

• The customer agrees to use the software only in accordance with applicable laws and the contractual provisions.
• The customer must not store or transmit any unlawful, infringing, or harmful content via the software.
• The customer is responsible for exporting and backing up their data. Unless otherwise agreed, Antemia is not obligated to maintain full backups of customer data.
• Antemia is not responsible for, and cannot be held liable for, any content created, generated, or otherwise used based on the software provided.

Data Protection & Processing

• The processing of personal data in connection with the use of the software is carried out by Antemia as a data processor in accordance with Art. 28 GDPR.
• A Data Processing Agreement (DPA) will be provided to the customer.
• All servers used are located within the EU / EEA.

Term & Termination

• The Agreement enters into force upon subscription activation and is concluded for an indefinite period on a monthly or yearly basis.
• The subscription renews automatically at the end of each monthly or yearly billing period unless terminated by either party with a notice period of 7 days prior to the end of the current period.
• If a lifetime subscription is agreed, the access can be terminated with a notice period of 7 days prior to the end of the current period by the subscription holder (customer) or if the customer request the deletion of the account.
• Either party may terminate the Agreement with immediate effect for cause, in particular in case of material breach of contract or non-payment.
• Upon termination, customer access to the service will be disabled. Customer data will be retained for 30 days and then deleted, unless legal retention requirements apply.

Withdrawal

• By expressly agreeing to the commencement of the contract before the withdrawal period expires and acknowledging that you thereby lose your right of withdrawal, you agree that your right of withdrawal will expire once the download has begun."