1. Subscription and right of access
CM Apps grants the Customer a worldwide, non-exclusive and non-transferable right of access to the Product specified in the order form, for the subscription term and limited to internal business purposes. Access is subject to plan limits such as number of users, data volume, transaction count or modules.
2. Users and account management
The Customer designates the authorized users and is responsible for their compliance with this Agreement. User accounts may not be shared; user changes are made through the administration panel. If plan limits are exceeded, CM Apps notifies the Customer of the overage, and an upgrade to a higher plan or an additional usage fee applies.
3. Fees, invoicing and renewal
The subscription fee is invoiced in advance on a monthly or annual basis. At the end of the term, the subscription renews automatically for the same period unless either party gives notice at least [30] days in advance. CM Apps may update the fee for the renewal period by giving at least [45] days’ notice.
Currency, taxes and payment terms are set out in the Billing, Cancellation and Refund Policy.
4. Customer data
All data uploaded to the Product belongs to the Customer. CM Apps processes this data solely to provide the service, ensure security and carry out the Customer’s instructions; the Data Processing Agreement is an annex to this Agreement. CM Apps may use only anonymized and aggregated usage statistics for product improvement purposes.
5. Service level and support
The availability target, planned maintenance, response times and service credits are defined in the Service Level Agreement. Standard support for the Product is included in the plan; extended support is provided under the Support & Maintenance Agreement.
6. Security and compliance
CM Apps protects data through technical and organizational measures in line with industry standards; details are set out in Annex 2 of the DPA. The Customer is responsible for managing its own user permissions and password policies.
7. Use restrictions
The Acceptable Use Policy forms part of this Agreement. Renting the Product, offering it to third parties as a service bureau, reverse engineering it and using it to develop a competing product are prohibited; white-label and resale are possible only under a separate agreement.
8. Suspension
If a payment delay exceeds [15] days, a security threat arises or the Acceptable Use Policy is violated, CM Apps may suspend access with reasonable notice. Access is restored once the issue is resolved; the suspension period does not extend the subscription term.
9. Term, termination and return of data
The Agreement takes effect on the start date in the order form. Termination is possible if a material breach is not remedied within [30] days. For [30] days following termination or expiry, the Customer may export its data; thereafter the data is deleted in accordance with the procedure in the DPA.
10. Product changes
CM Apps may develop the Product and add or remove features; changes that materially reduce core functionality are announced at least [60] days in advance and the Customer is granted a right to terminate without penalty. The discontinuation of a Product is notified at least [6] months in advance.
11. Liability, governing law and general provisions
Limitations of liability, force majeure, governing law and dispute resolution are as set out in the Terms of Service and, where applicable, the Master Services Agreement. Order of precedence between documents: Order form > this Agreement > DPA (prevails in personal data matters) > Terms of Service.