Terms and Conditions

Effective date: September 3, 2026

1. Scope

These Terms and Conditions ("Terms") apply to the purchase and use of software, licenses, updates and related services provided by DataFurt Systems, the business name of Christian Diederich, a sole proprietor under German law ("DataFurt", "we", "us" or "Provider").

These Terms apply exclusively to customers acting in the course of their commercial or professional activities ("Customer"). Contracts with consumers are not offered.

Conflicting or deviating terms of the Customer shall not apply unless expressly accepted by DataFurt.

2. Definitions

A "Customer" is the person or legal entity purchasing a license from DataFurt.

An "Organization" is one legal entity authorized to use the software. Legally separate parent companies, subsidiaries and affiliated companies are considered separate Organizations unless otherwise agreed.

A "Production Deployment" is a system or environment in which DataFurt software is operated for productive use. Multiple concurrently running instances of DataFurt Bridge on the same system or environment constitute a single Production Deployment, regardless of the number of instances or configurations.

3. DataFurt Software

DataFurt provides software for industrial data communication, protocol conversion, data acquisition and related purposes, including DataFurt Bridge.

The software is generally provided as locally installed software and may be operated without a permanent Internet connection.

4. License Types

4.1 Free / Trial

Free or trial versions may be used for evaluation and testing purposes. DataFurt may impose technical or functional limitations on such versions. Free or trial versions are not intended for unrestricted production use.

4.2 Single License

A Single License permits the Customer to use DataFurt software for one Organization and one active Production Deployment at a time.

The Customer may transfer the software to another system, provided that the previous Production Deployment is no longer active.

4.3 Unlimited License

An Unlimited License permits the Customer to use DataFurt software for one Organization and any number of active Production Deployments.

5. Integrators

System integrators, consultants and other third parties may purchase DataFurt licenses on behalf of their customers.

Where a system integrator purchases a license on behalf of an end customer, the order must be placed using the end customer's details. The integrator may install and configure DataFurt as part of the customer's integration or automation project.

Each legally separate customer Organization requires its own license unless otherwise agreed with DataFurt.

6. License Grant and Restrictions

Subject to payment of the applicable fees, DataFurt grants the Customer a non-exclusive, non-transferable right to use the software within the scope of the purchased license.

The license does not transfer ownership of the software or any intellectual property rights.

Unless expressly permitted by applicable law, the Customer shall not:

• distribute or sublicense the software to third parties;
• modify or create derivative works of the software;
• remove copyright or proprietary notices; or
• circumvent or disable licensing mechanisms.

7. License Files and Activation

DataFurt may provide licenses through digitally signed license files, activation codes or other technical mechanisms.

License information may include the license ID, the licensed organization, the license type, licensed features, issue date and expiration date.

DataFurt software may verify the authenticity and validity of a license locally. An Internet connection is not required unless expressly stated for a particular product or service.

The Customer is responsible for protecting license files and activation credentials from unauthorized use.

License files are valid for the applicable license term and must be renewed for each new subscription period.

8. License Term, Renewal and Updates

Unless otherwise stated, paid licenses are provided as subscriptions with a term of one year.

The subscription automatically renews for successive one-year periods unless cancelled by either party in accordance with Section 17.

Cancellation stops future renewals. A cancelled subscription remains active until the end of the current paid subscription period.

During an active subscription period, DataFurt may provide software updates, bug fixes, improvements and new features.

DataFurt does not guarantee that every future version will support every operating system, hardware platform, protocol or third-party system.

The Terms applicable to a subscription are those agreed upon when the subscription is entered into. Changes to these Terms do not automatically modify the terms of an existing subscription unless otherwise permitted by applicable law and properly communicated to the Customer.

Upon expiration of a subscription, the Customer must cease using features that require an active paid license.

9. Support

Paid licenses may include technical support as described on the applicable product page.

Unless otherwise agreed, support is provided remotely, primarily by electronic means. No specific response time is guaranteed.

Support does not include custom software development, on-site services or modifications to third-party systems unless separately agreed.

10. Customer Responsibilities

The Customer is responsible for determining whether the software is suitable for its intended application and for proper installation, configuration, security, backups and monitoring.

The Customer shall verify transmitted data and test the software appropriately before using it in production.

Unless expressly certified and documented otherwise, DataFurt is not a safety component, emergency shutdown system or safety-critical control system.

The Customer is responsible for implementing appropriate safeguards for its specific industrial application.

11. Third-Party and Open Source Software

DataFurt may contain third-party software or open-source components subject to separate license terms. Applicable notices will be provided where required.

12. Intellectual Property

DataFurt and its licensors retain all intellectual property rights in the software, documentation and related materials. Except for the expressly granted license rights, no rights are transferred to the Customer.

Feedback and suggestions provided by the Customer may be used by DataFurt to improve its products without compensation.

13. Prices and Payment

Prices are stated in EUR unless otherwise indicated. Applicable taxes are determined and charged during checkout by the merchant of record.

Subscription fees are charged in advance for each subscription period through the payment provider specified during checkout.

Unless otherwise stated during checkout, subscriptions are automatically renewed for another one-year period and the applicable renewal fee is charged using the customer's selected payment method.

DataFurt may change subscription prices for future subscription periods. A price change does not affect the current paid subscription period and takes effect no earlier than the next renewal. DataFurt will inform the Customer of any price change applicable to an existing subscription in writing (including email) at least 30 days in advance of the renewal date. The Customer may cancel the subscription before the renewal date if the Customer does not wish to renew at the changed price.

Payment processing, billing, collection of applicable taxes and subscription management may be handled by our merchant of record.

Statutory provisions regarding late payment and default interest apply.

14. Warranty

DataFurt warrants that the software substantially conforms to its documented functionality at the time of delivery.

Software may contain defects and cannot be guaranteed to operate completely free of errors.

DataFurt may remedy defects through patches, updates, workarounds or replacement versions, subject to applicable law.

15. Liability

DataFurt shall be liable for damages only to the extent required by applicable law.

DataFurt shall be liable for intent and gross negligence in accordance with applicable law.

In cases of slight negligence, DataFurt shall only be liable for breaches of material contractual obligations. In such cases, liability shall be limited to the foreseeable and typically occurring damage.

To the extent permitted by applicable law, DataFurt shall not be liable for indirect or consequential damages, loss of profit, loss of production, business interruption or loss of data.

The limitations of liability set out in this section shall not apply to liability that cannot legally be excluded or limited.

The Customer remains responsible for appropriate backups, security measures and operational safeguards.

16. Confidentiality

Each party shall treat confidential business and technical information received from the other party as confidential. This obligation does not apply to information that is publicly available, independently developed or lawfully obtained from third parties.

17. Termination

Either party may cancel a subscription effective at the end of the current subscription period. To prevent automatic renewal, the Customer must cancel the subscription before the applicable renewal date, while DataFurt must give at least 30 days' notice in writing (including email) prior to the renewal date.

The statutory rights of both parties to terminate for cause remain unaffected.

Cancellation of a subscription prevents further automatic renewals. Unless otherwise required by applicable law, cancellation does not entitle the Customer to a refund for the remaining portion of the current subscription period.

Upon expiration or termination of a subscription, the Customer shall cease using features that require an active paid license.

18. Governing Law

German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If the Customer is a merchant, legal entity under public law or special fund under public law, the courts at the Provider's place of business shall have jurisdiction, subject to mandatory statutory provisions.

19. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects its intended purpose, subject to applicable law.