Effective Date: 7th August 2025
Last Updated: 7th August 2025
1. Introduction
1.1 These Terms of Service (“Terms”) govern your use of the SaaS platform and services provided by ASPHARE UG (Haftungsbeschränkt), a private limited liability company registered in Germany under company number [Insert Number], with its registered office at [Insert Address] (“ASPHARE”, “we”, “our”, or “us”).
1.2 By accessing or using ASPHARE’s platform, services, modules, or related content (collectively, the “Services”), you (“you” or “Customer”) agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity. If you do not agree to these Terms, you must not access or use the Services.
1.3 ASPHARE provides an integrated AI-enhanced SaaS platform for workforce and operations management, including features such as:
Project, task and ticket management
Document and knowledge base management
Forms, surveys, and polls management
Course and learning management
Internal communication (messaging, blogs, video conferencing)
User roles and permission structures
Advanced workforce analytics
2. Access and Use of the Services
2.1 Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Services.
2.2 Account Registration: Access to ASPHARE requires account registration. You are responsible for safeguarding login credentials and all activity on your account.
2.3 Permitted Use: You agree to use the Services solely for lawful purposes and in accordance with these Terms. You will not:
Access the Services to build a competitive product
Use the Services to process or store sensitive personal data without adequate safeguards
Introduce malicious software into the system
2.4 Restrictions: You may not:
Reverse engineer, decompile, or disassemble any portion of the platform
Circumvent security features or user access restrictions
Misuse resources or overload the platform infrastructure
3. Subscription and Payment
3.1 Subscription Model: ASPHARE operates on a subscription-based pricing model. Subscription plans, user limits, features, and billing cycles are specified on our pricing page or in your service agreement.
3.2 Fees and Payment: Fees are invoiced and payable in accordance with the selected plan. ASPHARE may suspend access for overdue payments.
3.3 Taxes: All fees are exclusive of VAT or other applicable taxes, which will be added where required.
3.4 Free Trial: If offered, free trials are limited to one per organization unless otherwise agreed.
4. Data Privacy and Security
4.1 Data Protection: ASPHARE complies with the General Data Protection Regulation (GDPR) and applicable EU data protection laws. Our [Privacy Policy] explains how we collect, store, and process data.
4.2 Customer Data: You retain ownership of all data input by users in your organization (“Customer Data”). By using the platform, you grant ASPHARE a limited license to process such data solely for providing and improving the Services.
4.3 Security: We implement appropriate technical and organizational measures to protect your data. You acknowledge that no system can be 100% secure.
4.4 Data Hosting: All data is hosted within the EU using certified infrastructure providers. Data retention and backup policies are available upon request.
5. Service Levels and Support
5.1 Availability: ASPHARE targets 99.5% monthly uptime excluding scheduled maintenance.
5.2 Support: Support is available via our helpdesk or designated contact channels. Response times vary depending on the subscribed plan.
5.3 Product Updates: ASPHARE may deploy updates or feature enhancements at any time. Major changes impacting functionality may be communicated in advance.
6. Intellectual Property
6.1 ASPHARE IP: All rights, title, and interest in and to the Services, including source code, trademarks, documentation, and visual assets, are the exclusive property of ASPHARE UG (haftungsbeschränkt) or its licensors.
6.2 Customer IP: You retain all rights to Customer Data and user-generated content created via the Services.
6.3 Feedback: You grant ASPHARE a royalty-free, worldwide, perpetual license to use feedback and suggestions for improving the Services.
7. Confidentiality
7.1 Mutual Obligations: Both parties agree to maintain the confidentiality of any proprietary or non-public information exchanged under this agreement.
7.2 Exclusions: Confidentiality obligations do not apply to information that is publicly known, independently developed, or legally disclosed.
8. Term and Termination
8.1 Term: These Terms apply for the duration of your active subscription or trial.
8.2 Termination for Cause: Either party may terminate the agreement with immediate effect in the event of a material breach that is not cured within 30 days.
8.3 Effect of Termination: Upon termination, your access to the Services will be deactivated. Customer Data will be available for export for 30 days, after which it will be permanently deleted.
9. Warranties and Disclaimers
9.1 The Services are provided “as is” and “as available.” ASPHARE does not warrant:
That the Services are free from bugs or interruptions
That they will meet your specific business requirements
9.2 All implied warranties are excluded to the maximum extent permitted by law.
10. Limitation of Liability
10.1 ASPHARE’s aggregate liability arising out of or related to these Terms shall not exceed the total amount paid by you for the Services in the 12 months preceding the event giving rise to the claim.
10.2 ASPHARE shall not be liable for indirect, incidental, or consequential damages, including lost profits, business interruption, or data loss.
10.3 Nothing in these Terms excludes liability for death, personal injury, or fraud where such exclusion would be unlawful.
11. Third-Party Services
11.1 ASPHARE may integrate or interoperate with third-party services. You are responsible for compliance with such third-party terms and ASPHARE disclaims any responsibility for their availability or performance.
12. Amendments
12.1 ASPHARE may revise these Terms to reflect legal or operational updates. You will be notified of material changes. Continued use of the Services after such changes constitutes acceptance.
13. Governing Law and Jurisdiction
13.1 These Terms shall be governed by the laws of the Federal Republic of Germany.
13.2 Disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Bonn, unless otherwise required by mandatory law.
14. Contact Information
For questions regarding these Terms, please contact:
ASPHARE UG (Haftungsbeschränkt)
Email: [email protected]
Registered Office: [Insert Address]
Commercial Register: [Insert HRB Number, Local Court Bonn]