Software License & Services Agreement

1. Introduction

This document constitutes the primary contractual framework (“General Terms and Conditions” or “GTC”) governing the use of the software and the related services provided by BITkurier GmbH.

These General Terms and Conditions also serve as the contractual basis for supplementary documents, including but not limited to the End User License Agreement (EULA), Service Level Agreement (SLA), Support Terms, Privacy Documentation, and other legal policies, each as amended from time to time.

2. Preamble

These General Terms and Conditions govern the legal relationship between BITkurier GmbH (“BITkurier”) and its customers regarding the provision, licensing, use, maintenance, and support of the security software Bitkurier Activity Guard®.

2.1 Purpose of this Agreement

The purpose of this Agreement is to establish transparent, balanced, and legally reliable terms governing the use of a professional WordPress security solution provided in the form of a WordPress plugin.

The Agreement defines the respective rights and obligations of both parties while creating a clear contractual framework for the licensing, operation, maintenance, and ongoing development of the software.

2.2 Background

WordPress is one of the world’s most widely used Content Management Systems (CMS) and, as a result, is frequently targeted by both automated and sophisticated cyber attacks.

Security risks may arise from, among other things:

vulnerabilities within the WordPress core;
insecure or outdated themes;
vulnerable plugins;
improper server configurations;
compromised user accounts;
configuration errors; or
previously unknown software vulnerabilities.

Bitkurier Activity Guard® has been developed to assist operators of WordPress websites in identifying, reducing, managing, and mitigating such security risks.

2.3 Security Philosophy

BITkurier GmbH follows a multi-layered security approach (“Defense in Depth”).

The Software is designed to complement existing technical and organizational security measures and does not replace them.

An effective security strategy should include, in particular:

regularly updated software;
reliable backup procedures;
multi-factor authentication (MFA);
appropriate access controls;
secure hosting environments;
continuous monitoring of security-related events; and
additional technical and organizational safeguards appropriate to the specific operating environment.

2.4 Customer Responsibility

The Customer remains solely responsible for the secure operation of its website, hosting environment, and IT infrastructure.

The use of Bitkurier Activity Guard® does not relieve the Customer of its responsibility to:

implement appropriate security measures;
maintain its systems;
perform regular backups;
comply with applicable legal and regulatory requirements; or
ensure the overall security of its IT environment.

Customers are strongly encouraged to implement security recommendations, warnings, patches, and software updates without undue delay.

2.5 No Guarantee of Absolute Security

The Parties acknowledge that absolute information security is technically impossible to achieve.

Even where the Software has been correctly installed and used in accordance with the documentation, security incidents may still occur as a result of, including but not limited to:

previously unknown vulnerabilities;
zero-day exploits;
software defects;
configuration errors;
attacks by third parties;
compromised infrastructure;
human error; or
circumstances beyond the reasonable control of BITkurier GmbH.

Accordingly, Bitkurier Activity Guard® is intended to reduce security risks but does not guarantee the prevention of all cyber attacks, security incidents, unauthorized access, or data breaches.

2.6 Future-Oriented Structure

These General Terms and Conditions have been intentionally drafted to provide a scalable contractual framework that can accommodate future products and services.

Without altering the fundamental contractual structure, the Agreement may be extended to cover, among other things:

additional software modules;
cloud services;
APIs;
enterprise functionality;
managed security services;
subscription-based services;
artificial intelligence features; and
other future security-related products or services offered by BITkurier GmbH.

Unless expressly agreed otherwise, such future products and services shall be governed by these General Terms and Conditions together with any applicable supplementary agreements, product-specific terms, or license conditions.

3. Definitions

The following definitions apply to this Agreement and, where applicable, to the End User License Agreement (EULA), Service Level Agreement (SLA), Support Terms, and any other related contractual documents.

Administrator

A natural person with administrative privileges for a WordPress installation or any connected systems.

Agency

A company that develops, operates, manages, or maintains websites on behalf of its own customers.

API

An Application Programming Interface used for communication between Bitkurier Activity Guard® and external services or software components.

Authenticator

A feature, application, or authentication mechanism used to implement Multi-Factor Authentication (MFA).

Backup

A complete or partial copy of data created for the purpose of restoring systems or information following an incident or data loss.

Beta Version

A pre-release version of the Software intended solely for testing purposes and which may contain defects, incomplete functionality, or restrictions on production use.

Cloud Service

An internet-based service provided by BITkurier GmbH or by third-party providers.

Customer

The contractual partner of BITkurier GmbH.

Dashboard

The Software’s user interface used to configure, monitor, and manage security-related functions.

Data Breach

A breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data.

Defense in Depth

A multi-layered cybersecurity strategy employing multiple independent security controls to reduce overall security risk.

Documentation

All manuals, user guides, online help, release notes, technical descriptions, and other documentation relating to the Software.

Downtime

A period during which a service is unavailable or cannot be used as intended.

Enterprise License

A customized license agreement providing an individually negotiated scope of services and functionality.

Exploit

A technique, method, or software designed to take advantage of a vulnerability in software or hardware.

Firewall

A technical security mechanism used to monitor, filter, or control network traffic.

Hosting

The provision of infrastructure and technical resources required for operating a website or application.

Incident

A security event that may affect the confidentiality, integrity, or availability of systems or data.

License

The contractual right granted to use the Software.

License Key

A technical activation key or comparable mechanism used to activate, validate, or administer a License.

Malware

Malicious software, including but not limited to viruses, worms, Trojan horses, ransomware, spyware, and similar malicious code.

MFA (Multi-Factor Authentication)

An authentication method requiring two or more independent verification factors before access is granted.

Plugin

An extension or add-on developed for WordPress or other supported platforms.

Release

The publication of a new Software version.

Responsible Disclosure

A coordinated process for the responsible reporting and handling of security vulnerabilities.

Security Incident

Any event that affects or may affect information security.

SLA

Service Level Agreement.

Software

Bitkurier Activity Guard®, including all associated components, modules, updates, and related documentation.

Staging Environment

A non-production environment used for testing, validation, or quality assurance prior to deployment.

Subscription

A time-limited license or subscription model granting the right to use the Software for a defined period.

Support

Technical support and assistance provided by BITkurier GmbH.

Telemetry

Technical diagnostic, operational, or usage data collected for the purpose of improving, maintaining, securing, or supporting the Software.

Theme

A WordPress design template or visual presentation layer.

Threat Intelligence

Information relating to current cyber threats, attack techniques, indicators of compromise, vulnerabilities, and emerging security risks.

Update

The provision of bug fixes, security patches, compatibility improvements, or functional enhancements.

Upgrade

The transition to a higher product edition, license tier, or expanded feature set.

Availability

The degree to which a service is operational and accessible during a specified period.

Vulnerability

A security weakness or flaw that may be exploited to compromise a system or application.

Website

The Customer’s website that is the subject matter of this Agreement.

WordPress Installation

An independent installation of the WordPress Content Management System.

Zero-Day Vulnerability

A previously unknown or unpatched security vulnerability that is exploited before an official fix or patch becomes available.

Rule of Interpretation

Unless the context requires otherwise, words expressed in the singular shall include the plural, and vice versa.

Technical terms shall be interpreted in accordance with their generally accepted meaning within the fields of information technology and cybersecurity.

Where individual contractual agreements contain definitions that differ from those set out in this Section, the definitions contained in the individual agreement shall prevail.

4. Subject Matter of the Agreement and Scope of Services

This Section defines the scope of services provided by BITkurier GmbH. It specifies which services are included under this Agreement and which services are expressly excluded from the contractual obligations.

4.1 Subject Matter of the Agreement

The subject matter of this Agreement is the granting of a license to use Bitkurier Activity Guard® and—depending on the selected licensing model—the provision of software updates, documentation, technical support, security information, and optional additional services.

The specific scope of services is determined by the applicable quotation, service description, order confirmation, and any supplementary contractual documents.

4.2 Scope of Services

Depending on the selected license and service package, the services provided under this Agreement may include, but are not limited to:

Provision of the Software for download;
License activation and license management;
Security features designed to protect WordPress installations;
Security logs, monitoring tools, and administrative dashboards;
Notifications relating to security-relevant events;
Bug fixes, security updates, and compatibility updates;
Technical documentation;
Technical support in accordance with the purchased service package.

The exact scope of services depends on the applicable license model and the contractual agreement between the Parties.

4.3 Optional Additional Services

Depending on the selected product edition or Enterprise License, additional services may be offered separately, including but not limited to:

Cloud-based services;
API access;
Premium Support;
Professional consulting services;
Custom integrations;
Security assessments and audits;
Managed security services;
Additional paid software modules or extensions.

Such services shall form part of this Agreement only where they have been expressly agreed upon in writing or through the applicable order process.

4.4 Changes to the Services

BITkurier GmbH reserves the right to further develop, modernize, modify, or technically improve the Software, provided that the essential purpose of this Agreement is not materially impaired.

Security-related changes may be implemented without prior notice where such changes are reasonably necessary to respond to current cybersecurity threats, newly discovered vulnerabilities, legal requirements, or significant technical developments.

Where practicable, Customers will be informed of material functional changes through release notes, documentation updates, or other appropriate communication channels.

4.5 Services Not Included

Unless expressly agreed otherwise, the following services are not included within the standard scope of this Agreement:

Administration or management of servers or hosting environments;
Recovery of compromised systems;
Manual removal of malware outside the Software’s built-in functionality;
Custom software development;
Legal, regulatory, or data protection consulting;
Continuous monitoring of third-party IT systems;
Services provided by third parties, including but not limited to hosting providers, domain registrars, WordPress themes, plugins, or other external software.

Any such services require a separate written agreement.

4.6 Third-Party Services

The Software may interact with or integrate services, software, or components provided by third parties.

Unless otherwise required by mandatory law, BITkurier GmbH assumes no responsibility for the:

availability;
functionality;
security;
performance;
compatibility; or
future modifications

of third-party products or services.

The Customer acknowledges that changes made by third-party providers may affect the functionality or compatibility of the Software without this constituting a defect under this Agreement.

4.7 Future Compatibility

The Parties acknowledge that Bitkurier Activity Guard® is subject to continuous development.

BITkurier GmbH may introduce additional features, modules, cloud services, product editions, subscription models, APIs, artificial intelligence functionality, or other product lines in the future.

Unless expressly included in the Customer’s existing License, such new products or services shall require a separate agreement or an appropriate license upgrade.

Nothing in this Agreement obligates BITkurier GmbH to provide future features free of charge unless expressly agreed otherwise.

4.8 Order of Precedence of the Service Description

The current official Service Description defines the functional scope of the Software.

In the event of any inconsistency between marketing materials, promotional statements, demonstrations, website content, or other non-contractual information and the official Service Description, the Service Description shall prevail.

Any individually negotiated contractual agreement between the Parties shall take precedence over both the Service Description and these General Terms and Conditions.

5. License Grant and License Models

This Section governs the granting of rights to use Bitkurier Activity Guard®, the available licensing models, and the conditions and limitations applicable to the permitted use of the Software.

5.1 License Grant

Upon conclusion of the Agreement and, where applicable, receipt of the agreed license fees, BITkurier GmbH grants the Customer a limited, non-exclusive, non-transferable, revocable license to use Bitkurier Activity Guard® solely within the scope agreed under this Agreement.

All intellectual property rights and any rights not expressly granted to the Customer remain exclusively with BITkurier GmbH and/or its licensors.

No ownership rights in the Software are transferred to the Customer.

5.2 License Models

Depending on the applicable product offering, BITkurier GmbH may offer, among others, the following licensing models:

Personal

License for use on a single WordPress installation.

Business

License for use on multiple WordPress websites owned or operated by the Customer.

Agency

License permitting an agency or service provider to manage WordPress websites on behalf of its own customers.

Enterprise

A customized licensing model providing individually negotiated services, functionality, integrations, and optional additional services.

The specific scope of rights, limitations, and included services is defined in the applicable quotation, order confirmation, or Service Description.

5.3 Scope of the License

The License authorizes the Customer to use the Software only within the limits of the purchased License.

Any use exceeding the licensed number of:

WordPress installations;
websites;
users;
administrators;
customers;
tenants; or
other licensed units,

requires the purchase of an additional License or a separate written agreement with BITkurier GmbH.

The Customer shall not intentionally circumvent any technical or contractual licensing restrictions.

5.4 Activation and License Keys

Activation of the Software may require a License Key or another technical activation mechanism.

The Customer is responsible for:

maintaining the confidentiality of all License Keys;
protecting License Keys against unauthorized access;
preventing unauthorized disclosure or misuse; and
notifying BITkurier GmbH without undue delay if a License Key is suspected to have been compromised.

BITkurier GmbH may replace, revoke, or reissue License Keys where necessary for security, licensing, or technical reasons.

5.5 Test, Development, and Staging Environments

The Software may be installed and used in test, development, quality assurance, or staging environments, provided such use is permitted under the applicable License model or has been expressly authorized by BITkurier GmbH.

Where a staging environment is used for production purposes or serves live users, it may be considered an additional licensed installation requiring a separate License.

5.6 Transfer of Licenses

The License granted under this Agreement may not be transferred, assigned, sublicensed, or otherwise made available to third parties, whether permanently or temporarily, without the prior written consent of BITkurier GmbH, unless mandatory statutory provisions provide otherwise.

The same shall apply to transfers within a group of companies unless expressly permitted by the applicable License.

5.7 Prohibited Use

Unless expressly permitted by law or by written agreement, the Customer shall not:

resell, sublicense, or distribute the Software;
rent, lease, or commercially host the Software as its own Software-as-a-Service (SaaS) offering;
remove, alter, or obscure copyright notices, trademarks, License information, or proprietary notices;
circumvent or disable technical protection measures or licensing mechanisms;
decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, except to the extent such rights cannot legally be excluded;
use the Software in an abusive, unlawful, fraudulent, or unauthorized manner.

5.8 White Label and Reseller Models

Any White Label, OEM, Reseller, or similar redistribution model requires a separate written agreement with BITkurier GmbH.

The purchase of a standard License does not grant any right to:

rebrand the Software;
remove BITkurier branding;
redistribute the Software under another name;
sell the Software to third parties; or
integrate the Software into another commercial product for resale.

5.9 License Violations

In the event of a material or repeated breach of the licensing terms, BITkurier GmbH may require the Customer to remedy the violation within a reasonable period.

If the Customer fails to remedy the breach within the specified period, BITkurier GmbH may exercise its statutory and contractual rights, including, where legally permissible:

suspension of License activation;
temporary suspension of online services;
termination of the Agreement for cause; and/or
assertion of claims for damages or other legal remedies.

Nothing in this Section limits any mandatory statutory rights available to BITkurier GmbH.

5.10 Future License Models

BITkurier GmbH reserves the right to introduce additional licensing or subscription models in the future.

Unless expressly agreed otherwise, newly introduced License models shall not affect existing Agreements or reduce the rights already granted under previously purchased Licenses.

Customers may voluntarily migrate to a different License model where such migration is offered by BITkurier GmbH and accepted by the Parties.

6. Terms of Use and License Restrictions

This Section governs the permitted use of the Software and specifies activities that are prohibited in order to protect the Software, the infrastructure of BITkurier GmbH, and other customers.

6.1 Permitted Use

The Software may be used solely within the scope of the License granted under this Agreement and exclusively for lawful purposes.

The Customer agrees to comply with all applicable laws, regulations, and these General Terms and Conditions when using Bitkurier Activity Guard®.

6.2 Intended Use

Bitkurier Activity Guard® is designed exclusively for protecting, monitoring, and improving the security of WordPress installations.

Any use outside the intended purpose or beyond the documented functionality is undertaken entirely at the Customer’s own risk.

BITkurier GmbH assumes no responsibility for any consequences arising from use outside the Software’s intended operating environment.

6.3 Prohibited Use

Unless expressly authorized in writing or required by mandatory law, the Customer shall not:

use the Software for any unlawful, fraudulent, or unauthorized purpose;
provide the Software as a hosted, managed, or Software-as-a-Service (SaaS) offering without an appropriate License;
circumvent, disable, or interfere with technical protection measures or licensing mechanisms;
remove, modify, or conceal copyright notices, trademarks, or licensing information;
overload, abuse, or intentionally impair cloud services, APIs, licensing servers, or other online services operated by BITkurier GmbH;
use stolen, manipulated, forged, or otherwise unauthorized License Keys;
perform automated attacks, penetration attempts, denial-of-service attacks, or any similar activity against systems operated by BITkurier GmbH.

Any prohibited use constitutes a material breach of this Agreement.

6.4 Reverse Engineering

Except to the extent that applicable law expressly permits such activities notwithstanding contractual restrictions, the Customer shall not:

decompile;
disassemble;
reverse engineer;
decrypt;
analyze;
reconstruct; or
otherwise attempt to derive

the source code, algorithms, security mechanisms, licensing procedures, or internal architecture of the Software.

Nothing in this Agreement shall restrict any rights that cannot legally be excluded under applicable law.

6.5 Benchmarking and Publication

The Customer may perform performance evaluations or security testing of the Software.

However, to ensure fair, reproducible, and technically accurate comparisons, BITkurier GmbH requests that any publication of:

comparative benchmark results;
performance measurements;
security test results; or
similar evaluations

that reference Bitkurier Activity Guard®, BITkurier trademarks, or BITkurier product names be coordinated with BITkurier GmbH in advance.

This provision is intended to promote objective and technically reliable comparisons and shall not prevent any publication where such restriction would be unenforceable under applicable law.

6.6 API and Cloud Services

Any API interfaces, cloud services, licensing servers, or other online services provided by BITkurier GmbH may only be used in accordance with the applicable documentation and technical specifications.

The Customer shall not submit excessive, abusive, or automated requests that may adversely affect:

system availability;
performance;
stability;
security; or
other customers.

BITkurier GmbH reserves the right to implement reasonable technical measures, including rate limits, authentication requirements, or temporary restrictions, to protect its infrastructure.

6.7 Open Source Interoperability

Where the Software incorporates or interacts with Open Source Software components, those components shall additionally be governed by their respective open-source license terms.

Such licenses apply solely to the relevant Open Source components and do not extend or modify the proprietary rights granted under this Agreement.

6.8 Export Control and Compliance

The Customer agrees to comply with all applicable:

export control laws;
trade sanctions;
embargo regulations;
anti-corruption laws; and
other applicable international trade regulations.

The Customer shall not use, export, re-export, transfer, or otherwise make the Software available in any manner prohibited by applicable law.

6.9 Consequences of Contractual Violations

Where the Customer commits a material or repeated breach of this Agreement, BITkurier GmbH may, after providing reasonable notice where appropriate:

require the Customer to remedy the breach;
temporarily suspend access to cloud-based or online services;
suspend License activation;
terminate the Agreement for cause where permitted by law; and
exercise any additional statutory or contractual remedies.

The exercise of one remedy shall not exclude the availability of any other legal rights.

6.10 Protection of Intellectual Property

All copyrights, trademarks, patents, trade secrets, database rights, documentation, software components, designs, logos, and other intellectual property rights relating to Bitkurier Activity Guard® remain the exclusive property of BITkurier GmbH or the respective rights holders.

Except for the limited License expressly granted under this Agreement, no ownership rights or additional intellectual property rights are transferred to the Customer.

The Customer shall refrain from any act that may infringe, impair, or misappropriate the intellectual property rights of BITkurier GmbH or any third party.

7. Updates, Maintenance, Product Lifecycle, and End of Support

This Section governs the provision of software updates, maintenance services, the product lifecycle, and the support of different software versions. Its purpose is to establish a transparent framework for the continuous development and long-term maintenance of Bitkurier Activity Guard®.

7.1 General Update Policy

BITkurier GmbH continuously develops and improves Bitkurier Activity Guard®.

Updates may be provided for, among other purposes:

improving IT security;
correcting software defects;
enhancing performance;
improving stability;
introducing new functionality;
maintaining compatibility with supported WordPress versions; and
adapting the Software to changing technical, legal, or security requirements.

Unless expressly agreed otherwise, the Customer is entitled only to those updates included in the applicable License or Subscription.

7.2 Types of Updates

The Software may receive, among others, the following types of updates:

Security Updates
Bug Fixes
Hotfixes
Minor Releases
Major Releases
Feature Updates
Performance Improvements
Compatibility Updates
Database Migrations
Documentation Updates

BITkurier GmbH reserves the right to determine the classification of a particular update based on its technical content and purpose.

7.3 Security Updates

Security Updates are provided whenever known vulnerabilities can be eliminated or security risks can reasonably be reduced.

The Customer is responsible for installing security-related updates within a reasonable period after they become available.

Failure to install critical Security Updates may:

reduce the effectiveness of the Software;
increase security risks;
impair compatibility; and
affect the Customer’s eligibility for technical support or warranty services where legally permissible.

7.4 Maintenance Windows

Cloud Services, licensing servers, APIs, or other online components may be temporarily unavailable during scheduled maintenance windows.

BITkurier GmbH will use commercially reasonable efforts to perform planned maintenance outside normal business hours whenever technically feasible and reasonable.

Emergency maintenance required to address critical security vulnerabilities or service disruptions may be performed without prior notice where necessary.

7.5 Compatibility

The Software is developed for the WordPress versions specified in the official Documentation.

BITkurier GmbH does not guarantee permanent compatibility with:

obsolete WordPress versions;
unsupported PHP versions;
outdated database systems;
third-party themes;
third-party plugins; or
modified WordPress installations.

The Customer remains responsible for maintaining a supported technical environment.

7.6 End of Life (EOL)

BITkurier GmbH may declare that a Software version has reached its End of Life (“EOL”).

Following the announced EOL date, BITkurier GmbH may discontinue, among other things:

development of new features;
functional enhancements;
compatibility improvements; and
bug fixes

for the affected Software version.

The announcement of an EOL date shall not affect the validity of the License itself unless otherwise provided under the applicable License terms.

7.7 End of Support (EOS)

Following the End of Support (“EOS”) for a particular Software version, the Customer shall generally no longer be entitled to:

technical support;
troubleshooting assistance;
defect analysis;
Security Updates; or
maintenance services

for that version.

Customers are encouraged to upgrade to a supported Software version before EOS becomes effective.

7.8 Beta, Preview, and Early Access Versions

Beta, Preview, Alpha, Release candidate, and Early Access versions are provided solely for evaluation and testing purposes.

Such versions:

may contain defects;
may be incomplete;
may change without notice;
may be discontinued at any time; and
are not intended for production use unless expressly designated otherwise.

Use of pre-release versions is entirely at the Customer’s own risk.

Unless otherwise agreed, BITkurier GmbH provides no service level commitments, warranties, or guaranteed support for pre-release software.

7.9 Upgrade and Downgrade Rules

Where available, Customers may upgrade or downgrade between different License editions, Subscription plans, or product tiers.

Any such change shall be governed by the pricing, licensing, and commercial terms applicable at the time of the requested change.

An upgrade does not automatically extend previously granted rights beyond those included in the newly selected License model.

7.10 Customer Responsibilities Regarding Updates

The Customer remains responsible for regularly installing all updates made available by BITkurier GmbH.

Failure to install recommended or mandatory updates may adversely affect:

system security;
software functionality;
compatibility;
performance; and
eligibility for technical support or warranty services.

BITkurier GmbH shall not be responsible for defects or security incidents resulting from the Customer’s failure to install available updates within a reasonable period.

7.11 Changes to Functionality

As part of the ongoing development of the Software, BITkurier GmbH may:

introduce new features;
improve existing functionality;
modernize technical implementations;
redesign user interfaces;
replace obsolete components; or
discontinue non-essential features.

Such changes shall not materially impair the essential contractual purpose of the Software.

7.12 Documentation

Where reasonably practicable, changes affecting functionality, interfaces, compatibility, or system requirements will be documented through one or more of the following:

official Documentation;
Release Notes;
Changelogs;
knowledge base articles;
customer notifications; or
other appropriate communication channels.

The Documentation may be updated from time to time to reflect the current functionality of the Software.

8. Support Services, Service Levels, and Customer Communication

This Section defines the nature and scope of the support services provided by BITkurier GmbH, the communication channels available to Customers, and the general conditions governing the provision of technical support.

8.1 General Support Services

BITkurier GmbH provides technical support in accordance with the License or Service Package purchased by the Customer.

The precise scope of support services is determined by the applicable Service Description, Subscription Plan, Service Level Agreement (SLA), or any individually negotiated agreement.

Unless expressly agreed otherwise, no entitlement exists to support services beyond the purchased service package.

8.2 Support Channels

Technical support may be provided through one or more of the following communication channels:

Support Ticket System;
E-mail;
Customer Portal;
Online Support Platform; or
any other support channels designated by BITkurier GmbH.

The currently supported communication channels are published on the official website or within the Customer Portal.

BITkurier GmbH reserves the right to modify or replace support channels where reasonably necessary.

8.3 Support Hours

Unless otherwise agreed in writing, technical support is provided during the published business hours of BITkurier GmbH (Central European Time – CET or Central European Summer Time – CEST, as applicable).

Customers holding Premium, Enterprise, or individually negotiated support agreements may receive extended support hours, on-call services, or other enhanced support arrangements.

8.4 Priority Levels

Support requests may be classified according to their business impact and urgency.

Typical priority levels may include:

Critical
High
Medium
Low

The classification of a support request serves solely to optimize support workflows and resource allocation.

Unless expressly agreed in a Service Level Agreement (SLA), priority classifications do not constitute a guarantee regarding response times, resolution times, or service availability.

8.5 Response Times

Any response times provided by BITkurier GmbH shall be governed exclusively by:

the purchased Service Package;
an applicable Service Level Agreement (SLA); or
an individual contractual agreement.

A response time refers solely to the initial acknowledgement or commencement of processing of a support request and does not constitute a guarantee that the reported issue will be resolved within a particular period.

Resolution times depend on numerous factors, including the complexity of the issue, reproducibility, third-party dependencies, and the Customer’s cooperation.

8.6 Customer Cooperation

The Customer shall reasonably assist BITkurier GmbH in investigating and resolving reported issues.

The Customer shall provide, where reasonably necessary:

an accurate description of the problem;
log files;
screenshots;
diagnostic information;
system information;
test data; and
access to relevant systems where required and legally permissible.

The Customer shall ensure that competent contact persons remain reasonably available throughout the support process.

Delays caused by incomplete information or lack of cooperation may result in corresponding extensions of response or resolution times.

8.7 Services Excluded from Standard Support

Unless expressly included in the applicable Service Package, standard technical support does not include:

custom software development;
administration of third-party servers or hosting environments;
troubleshooting third-party software;
data recovery services;
training;
consulting services;
on-site support;
penetration testing;
security audits; or
incident response services.

Such services may be offered separately under a Professional Services Agreement or other individual contract.

8.8 Remote Support

Where technically necessary and requested by the Customer, support may be provided through secure remote access.

Remote access shall only occur:

with the Customer’s prior authorization;
for the agreed support purpose;
using appropriate security measures; and
only for the duration reasonably required to perform the requested support services.

The Customer remains responsible for ensuring appropriate backups before granting remote access.

8.9 Security Incidents

Where the Customer reports a potential cybersecurity incident, BITkurier GmbH will use commercially reasonable efforts to evaluate the information provided as promptly as practicable.

However, responsibility for implementing immediate protective measures for the Customer’s own infrastructure remains solely with the Customer.

Unless expressly agreed otherwise, support relating to security incidents does not constitute a managed incident response service.

8.10 Customer Communication

BITkurier GmbH may communicate with Customers regarding, among other things:

product updates;
maintenance notifications;
security advisories;
vulnerability information;
release announcements;
licensing matters;
support information; and
other contractual communications.

Such communications may be provided through:

the Customer Portal;
e-mail;
Release Notes;
Documentation;
knowledge base articles; or
other appropriate communication channels.

The Customer is responsible for maintaining accurate and up-to-date contact information.

8.11 Escalation Procedures

Enterprise Customers or Customers covered by an applicable Service Level Agreement (SLA) may benefit from defined escalation procedures with designated technical or managerial contacts.

The details of any escalation process shall be governed exclusively by the applicable SLA or separate support agreement.

8.12 Relationship to the Service Level Agreement (SLA)

Where the Parties have entered into a separate Service Level Agreement (SLA), the provisions of that SLA concerning:

response times;
service availability;
escalation procedures;
maintenance windows; and
service commitments

shall prevail over the corresponding general provisions of this Section to the extent of any inconsistency.

In all other respects, these General Terms and Conditions shall continue to apply.

9. Customer Obligations and Duties to Cooperate

This Section defines the Customer’s obligations for the secure and proper operation of Bitkurier Activity Guard®. Effective cybersecurity requires the active cooperation of both Parties. The Customer acknowledges that the effectiveness of the Software depends not only on the Software itself but also on the Customer’s compliance with its contractual and operational responsibilities.

9.1 General Duty to Cooperate

The Customer shall provide BITkurier GmbH with all reasonable assistance necessary for the performance of this Agreement.

In particular, the Customer shall make available, in a timely manner, all information, documentation, system access, and other resources reasonably required for:

installation;
activation;
operation;
troubleshooting;
maintenance; and
technical support.

Failure to provide the required cooperation may affect BITkurier GmbH’s ability to perform its contractual obligations.

9.2 Secure System Environment

The Customer is solely responsible for maintaining an appropriate and secure technical environment for the operation of the Software.

This includes, without limitation:

maintaining a supported operating system;
using a supported version of WordPress;
operating supported PHP and database versions;
implementing secure server configurations;
protecting administrative accounts;
maintaining adequate access controls; and
protecting hosting infrastructure against unauthorized access.

BITkurier GmbH assumes no responsibility for security deficiencies arising from the Customer’s infrastructure.

9.3 Installation of Updates

The Customer shall install Security Updates and other recommended updates for:

WordPress Core;
Themes;
Plugins;
PHP (where applicable); and
Bitkurier Activity Guard®

without undue delay, unless legitimate operational reasons temporarily prevent installation.

The Customer acknowledges that delaying critical updates may significantly increase cybersecurity risks.

9.4 Backups

Before installing major updates, changing configurations, or making significant modifications to production systems, the Customer should create current backups of all relevant data.

The Customer should also periodically verify that backups can be successfully restored.

Responsibility for backup creation, retention, testing, and restoration remains exclusively with the Customer.

BITkurier GmbH is not responsible for maintaining backup copies of Customer data unless expressly agreed in writing.

9.5 Credentials and Authentication

The Customer shall take appropriate measures to protect all authentication credentials against unauthorized access.

In particular, the Customer shall:

use strong and unique passwords;
restrict administrative access to authorized personnel;
enable Multi-Factor Authentication (MFA) wherever available;
promptly revoke unnecessary access rights; and
regularly review user permissions.

The Customer is responsible for all activities performed using its user accounts unless mandatory law provides otherwise.

9.6 License Keys and Access Credentials

License Keys, API Keys, authentication tokens, and comparable credentials must be treated as confidential information.

The Customer shall not:

disclose such credentials to unauthorized third parties;
publish them;
embed them in publicly accessible source code repositories; or
otherwise compromise their confidentiality.

Where compromise is suspected, the Customer shall notify BITkurier GmbH without undue delay.

9.7 Cooperation During Support Cases

Where technical support is requested, the Customer shall provide all information reasonably necessary to investigate and reproduce the reported issue.

This may include:

log files;
screenshots;
diagnostic reports;
configuration details;
temporary test accounts;
system information; and
access to affected systems,

provided that doing so is reasonable and complies with applicable data protection laws.

The Customer remains responsible for ensuring that any information provided does not unlawfully disclose confidential or personal data.

9.8 Reporting Security Incidents

If the Customer becomes aware of an actual or suspected Security Incident that may affect:

Bitkurier Activity Guard®;
licensing infrastructure;
Cloud Services; or
other services provided by BITkurier GmbH,

the Customer shall notify BITkurier GmbH without undue delay.

Early reporting helps reduce potential security risks and enables faster investigation and mitigation.

9.9 Legal and Regulatory Compliance

The Customer remains solely responsible for complying with all laws and regulations applicable to its own business activities.

This includes, without limitation:

data protection legislation;
intellectual property laws;
tax regulations;
consumer protection laws;
competition law;
cybersecurity requirements; and
any industry-specific regulatory obligations.

Nothing in this Agreement transfers such legal responsibilities to BITkurier GmbH.

9.10 Cooperation with Third Parties

Where the Customer engages third parties, including:

hosting providers;
managed service providers;
web agencies;
system administrators;
consultants; or
other service providers,

the Customer shall ensure that such parties provide all cooperation reasonably required for the proper implementation and operation of the Software.

The Customer remains responsible for the actions and omissions of any third parties acting on its behalf.

9.11 Consequences of Failure to Cooperate

Where the Customer fails to fulfil its contractual duties to cooperate and such failure causes:

delays;
additional costs;
increased support efforts;
reduced service quality; or
limitations in the performance of BITkurier GmbH,

BITkurier GmbH shall be liable only to the extent required by applicable law.

Any contractual deadlines or performance periods may be extended by a reasonable period corresponding to the delay caused by the Customer.

BITkurier GmbH reserves the right to charge additional fees for extraordinary efforts resulting directly from the Customer’s failure to cooperate where such fees have been agreed or are permitted under applicable law.

9.12 Customer Responsibility

The Customer acknowledges that the use of Bitkurier Activity Guard® does not replace the need for a comprehensive cybersecurity strategy.

The Customer remains responsible for implementing appropriate technical and organizational security measures, including, where applicable:

access control procedures;
backup and disaster recovery strategies;
system monitoring;
vulnerability management;
user awareness and security training;
incident response procedures; and
organizational security policies.

The Software constitutes one component of an overall security concept and is not intended to serve as the sole security measure protecting the Customer’s IT environment.

10. Warranty and Warranty Claims

This Section governs the statutory and contractual warranty rights relating to Bitkurier Activity Guard®. It defines the procedures applicable to the reporting and remediation of defects, as well as the respective rights and obligations of both Parties.

10.1 General Warranty

BITkurier GmbH warrants that, when used in accordance with this Agreement and the applicable Documentation, the Software shall substantially conform to the current Service Description.

Due to the inherent complexity of modern software, BITkurier GmbH does not warrant that the Software will be completely error-free, uninterrupted, or operate without defects under all circumstances.

Minor deviations that do not materially impair the contractual use of the Software shall not constitute a defect.

10.2 Definition of a Defect

A defect exists where the Software permanently or materially fails to perform an essential function expressly agreed upon under this Agreement.

The following shall generally not constitute a defect:

insignificant deviations from the Documentation;
purely cosmetic or visual imperfections;
temporary performance fluctuations;
limitations resulting from third-party software or infrastructure;
compatibility issues outside the supported system environment; or
functionality intentionally modified as part of ongoing product development, provided the essential contractual purpose of the Software is not materially impaired.

10.3 Reporting Defects

The Customer shall report discovered defects without undue delay using the designated support channels.

A defect report should, where reasonably possible, include:

a detailed description of the issue;
information regarding the technical environment;
steps required to reproduce the issue;
screenshots;
log files; and
any other information reasonably necessary to investigate the reported defect.

Incomplete reports may delay processing and defect analysis.

10.4 Remedy (Subsequent Performance)

Where a defect is confirmed, BITkurier GmbH shall be entitled, at its sole discretion and to the extent permitted by applicable law, to remedy the defect by one or more of the following measures:

correcting the Software (bug fix);
providing an Update or Patch;
supplying a workaround;
replacing the affected Software component; or
implementing another technically reasonable corrective measure.

The choice of the appropriate remedy shall remain with BITkurier GmbH, unless mandatory law provides otherwise.

10.5 Reasonable Time for Remedy

BITkurier GmbH shall be granted a reasonable period to investigate and remedy any justified defect.

The appropriate period shall depend, among other things, on:

the severity of the defect;
its technical complexity;
its business impact;
reproducibility;
third-party dependencies; and
the Customer’s cooperation.

The existence of a reported defect does not automatically constitute a breach of contract if BITkurier GmbH remedies the defect within a reasonable time.

10.6 Warranty Exclusions

Warranty claims shall not apply where defects arise wholly or partly from:

modifications to the Software made by the Customer or third parties;
unsupported WordPress, PHP, database, or server versions;
incompatible Themes or Plugins;
incorrect installation or configuration;
misuse or operation outside the intended scope;
failure to install recommended Security Updates;
external influences;
cyber attacks;
force majeure; or
circumstances beyond the reasonable control of BITkurier GmbH.

The Customer bears the burden of demonstrating that an alleged defect is not attributable to one of the above circumstances where required by applicable law.

10.7 Third-Party Components

BITkurier GmbH provides no warranty for defects caused exclusively by third-party products or services.

Where reasonably possible, BITkurier GmbH will assist the Customer in identifying whether an issue originates from:

WordPress Core;
Themes;
Plugins;
hosting infrastructure;
cloud providers; or
other third-party software.

Such assistance does not constitute an acceptance of warranty responsibility for third-party products.

10.8 Beta, Preview, and Early Access Versions

Beta, Preview, Alpha, Release candidate, and Early Access versions are provided exclusively for testing and evaluation purposes.

Such versions may:

contain defects;
be incomplete;
change without notice; or
be discontinued at any time.

To the fullest extent permitted by applicable law, such pre-release software is provided “AS IS” and may be subject to warranty limitations differing from those applicable to production releases.

10.9 Customer Cooperation

The assertion of warranty claims requires that the Customer fulfils its contractual obligations to cooperate.

In particular, the Customer shall:

provide all reasonably requested information;
permit reasonable investigation of the reported defect;
provide access where necessary;
implement reasonable diagnostic measures; and
allow BITkurier GmbH an appropriate opportunity to remedy the defect.

Failure to cooperate may limit or delay the Customer’s warranty rights to the extent permitted by applicable law.

10.10 Statutory Rights

Nothing in this Agreement shall exclude or limit any mandatory statutory warranty rights that cannot legally be waived or restricted.

Where any provision of this Section conflicts with mandatory applicable law, the relevant statutory provisions shall prevail solely to the extent required by such law, while the remaining provisions of this Agreement shall continue in full force and effect.

11. Liability and Limitation of Liability

This Section governs the liability of BITkurier GmbH for damages arising in connection with the provision and use of Bitkurier Activity Guard®. The provisions of this Section shall be interpreted in accordance with all mandatory applicable laws and shall not limit liability where such limitation is prohibited by law.

11.1 General Principle of Liability

Unless otherwise expressly provided in this Agreement, BITkurier GmbH shall be liable in accordance with the applicable statutory provisions.

To the extent permitted by applicable law, the limitations and exclusions of liability set out in this Section shall apply to all contractual, non-contractual, statutory, and tort-based claims arising out of or in connection with this Agreement.

11.2 Intent and Gross Negligence

BITkurier GmbH shall be liable without limitation for damages caused by:

intentional misconduct (wilful misconduct); or
gross negligence,

in accordance with the applicable statutory provisions.

11.3 Ordinary Negligence

In the event of a breach of an essential contractual obligation (cardinal obligation) caused by ordinary negligence, BITkurier GmbH shall be liable only for the foreseeable damage typical for this type of agreement.

Essential contractual obligations are those obligations whose fulfilment is indispensable for the proper performance of this Agreement and on whose observance the Customer may regularly rely.

Except as provided above and to the extent permitted by applicable law, liability for ordinary negligence is excluded.

11.4 Mandatory Statutory Liability

Nothing in this Agreement shall exclude or limit liability where such exclusion or limitation is prohibited by mandatory law.

This applies in particular to liability:

under applicable product liability legislation;
for death or personal injury;
for injury to health;
for fraudulent concealment of defects;
for guarantees expressly assumed by BITkurier GmbH; or
in any other case where liability cannot legally be excluded or limited.

11.5 Cybersecurity Risks

Bitkurier Activity Guard® is designed to assist Customers in improving the security of their WordPress installations.

However, the Customer acknowledges that no cybersecurity solution can guarantee complete protection against all threats.

Accordingly, BITkurier GmbH does not warrant or guarantee that the Software will prevent:

cyber attacks;
malware infections;
ransomware;
unauthorized access;
Zero-Day vulnerabilities;
exploitation of unknown vulnerabilities;
data breaches;
service interruptions; or
any other security incident.

The Software constitutes one component of a comprehensive cybersecurity strategy and is not a substitute for appropriate technical and organizational security measures implemented by the Customer.

11.6 Third-Party Products and Services

Where damage results exclusively from products, services, infrastructure, or software provided by third parties, BITkurier GmbH shall be liable only to the extent required by applicable law and only where such damage is attributable to BITkurier GmbH.

This applies in particular to:

hosting providers;
cloud infrastructure;
WordPress Core;
Themes;
Plugins;
external APIs;
domain registrars; and
other third-party software or services.

11.7 Contributory Negligence

Where the Customer has contributed to the occurrence or extent of damage, any liability of BITkurier GmbH shall be reduced in accordance with the applicable statutory provisions concerning contributory negligence.

This applies in particular where damage results wholly or partly from:

failure to install Security Updates;
insecure system configurations;
inadequate password protection;
absence of Multi-Factor Authentication;
missing or outdated backups;
failure to monitor systems; or
other breaches of the Customer’s contractual obligations.

11.8 Force Majeure

BITkurier GmbH shall not be liable for delays, interruptions, or failures to perform resulting from events beyond its reasonable control, including but not limited to:

natural disasters;
war;
terrorism;
civil unrest;
governmental actions;
labour disputes;
power failures;
failures of telecommunications networks;
failures of cloud infrastructure;
widespread cyber attacks;
Internet outages; or
other events constituting force majeure.

Where such circumstances arise, BITkurier GmbH’s contractual obligations shall be suspended for the duration of the event to the extent reasonably affected.

11.9 Data Loss

The Customer is solely responsible for maintaining adequate and regularly tested backups of all relevant data.

Where BITkurier GmbH is legally liable for data loss, compensation shall generally be limited to the costs that would have been necessary to restore the affected data had proper and regularly verified backups been maintained.

No liability shall exist for avoidable data loss resulting from the Customer’s failure to implement appropriate backup procedures.

11.10 Loss of Profits and Consequential Damages

To the fullest extent permitted by applicable law, BITkurier GmbH shall not be liable for:

loss of profits;
loss of revenue;
loss of business opportunities;
loss of goodwill;
indirect damages;
incidental damages;
consequential damages; or
purely economic losses,

unless such liability arises from intentional misconduct, gross negligence, mandatory statutory provisions, or has been expressly assumed in writing.

11.11 Limitation Period

Any claims for damages shall be subject to the statutory limitation periods applicable under the governing law, unless a different limitation period has been expressly agreed in an individual agreement and such agreement is legally valid.

11.12 Relationship to Mandatory Law

Should any provision of this Section be invalid, unenforceable, or restricted by mandatory applicable law, such provision shall be deemed modified only to the extent necessary to comply with the applicable law.

The validity and enforceability of the remaining provisions of this Agreement shall remain unaffected.

12. Data Protection, Confidentiality, and Information Security

This Section governs the handling of personal data, confidential information, and the principles of information security in connection with the use of Bitkurier Activity Guard®.

The provisions set forth below supplement the applicable data protection laws and establish a common framework for ensuring the secure processing of information throughout the contractual relationship.

12.1 Data Protection Principles

Both Parties undertake to comply with all applicable data protection laws and regulations.

This includes, in particular:

the General Data Protection Regulation (GDPR);
applicable national data protection legislation; and
any other mandatory privacy laws applicable to the respective Party.

Each Party shall remain responsible for fulfilling its own legal obligations under applicable data protection legislation.

12.2 Roles of the Parties

Where personal data is processed in connection with this Agreement, each Party shall act in accordance with its respective role under applicable data protection law.

Where the services require the processing of personal data on behalf of the Customer, the Parties shall conclude a separate Data Processing Agreement (“DPA”) (German: Auftragsverarbeitungsvertrag – AVV) before such processing commences, where required by law.

The execution of a DPA does not alter the allocation of responsibilities under this Agreement unless expressly stated therein.

12.3 Confidentiality

Each Party shall treat as confidential all non-public information obtained in connection with the performance of this Agreement.

Confidential information shall:

be used solely for the purposes of performing this Agreement;
be protected against unauthorized access or disclosure;
not be disclosed to third parties except where legally permitted or required; and
be subject to appropriate technical and organizational safeguards.

The foregoing obligations shall not apply to information that:

is or becomes publicly available without breach of this Agreement;
was lawfully known prior to disclosure;
is independently developed without reference to the confidential information; or
must be disclosed pursuant to mandatory legal obligations or binding governmental orders.

12.4 Access to Customer Systems

BITkurier GmbH shall access Customer systems only where such access is:

reasonably necessary for support;
required for maintenance;
necessary for troubleshooting;
necessary for security analysis; or
otherwise expressly agreed between the Parties.

Unless otherwise required by law, remote access shall occur only:

with the Customer’s authorization;
for the agreed purpose; and
using appropriate security measures.

The Customer may revoke remote access at any time unless continued access is required under a separate contractual agreement.

12.5 Technical and Organizational Measures

BITkurier GmbH shall implement appropriate technical and organizational measures (“TOMs”) designed to support the:

confidentiality;
integrity;
availability; and
resilience

of its systems and services in accordance with applicable legal requirements and the generally recognized state of the art.

The specific measures implemented may evolve over time to reflect technological developments, changing threat landscapes, and legal requirements.

12.6 Telemetry and Diagnostic Data

Where Telemetry, diagnostic information, operational metrics, or technical log data are collected, such collection shall occur only:

within the scope of the agreed Software functionality;
for legitimate operational purposes;
in accordance with applicable data protection laws; and
as described in the applicable Documentation or Privacy Policy.

Telemetry may be used, among other purposes, for:

improving Software quality;
troubleshooting;
detecting software defects;
preventing abuse;
improving cybersecurity; and
maintaining the stability of online services.

Unless otherwise stated, Telemetry is not intended to collect unnecessary personal information.

12.7 Log Files

Log files may be processed for purposes including:

troubleshooting;
security monitoring;
fraud prevention;
abuse detection;
performance optimization; and
compliance with legal obligations.

Log data shall be retained only for as long as reasonably necessary to fulfil the relevant purpose or to comply with applicable statutory retention obligations.

12.8 Security Notifications

BITkurier GmbH may notify Customers regarding:

known security risks;
critical vulnerabilities;
Security Updates;
emergency patches;
compromised License Keys;
recommended mitigation measures; or
other security-related matters affecting the Software or associated services.

Such notifications may be provided through any appropriate communication channel, including the Customer Portal, e-mail, or other official communication methods.

12.9 Subprocessors

Where BITkurier GmbH engages external service providers that process personal data on its behalf, such providers shall be selected and managed in accordance with applicable data protection legislation.

Where required by law or contractual agreement, Customers may receive information regarding the material categories of Subprocessors engaged by BITkurier GmbH.

Nothing in this Section shall prevent BITkurier GmbH from replacing Subprocessors where operationally necessary, provided applicable legal requirements are observed.

12.10 Return and Deletion of Data

Upon termination of the Agreement or once the relevant processing purpose has ceased to exist, personal data shall be deleted, anonymized, or returned to the Customer, as appropriate and in accordance with:

applicable law;
contractual obligations; and
statutory retention requirements.

Where legal retention obligations apply, the relevant data may be retained only for the legally required period.

12.11 Continuing Confidentiality

The confidentiality obligations set forth in this Agreement shall survive termination of the contractual relationship.

Such obligations shall continue until:

the confidential information lawfully enters the public domain;
disclosure becomes legally mandatory; or
the applicable legal protection otherwise expires.

12.12 Relationship to Other Data Protection Documents

Where separate contractual or legal documents govern specific aspects of data protection or information security, those documents shall prevail over the general provisions of this Section within their respective scope.

This applies in particular to:

the Privacy Policy;
the Data Processing Agreement (DPA/AVV);
the Information Security Policy;
the Responsible Disclosure Policy; and
any other security or privacy documentation expressly incorporated into this Agreement.

To the extent no such special provisions exist, the general rules of this Section shall apply.

13. Intellectual Property, Copyright, and Trademark Rights

This Section governs the ownership, protection, and allocation of all intellectual property rights relating to Bitkurier Activity Guard®. It clearly defines which rights belong to BITkurier GmbH, the Customer, or, where applicable, third parties.

13.1 Ownership of the Software

All right, title, and interest in and to Bitkurier Activity Guard®, including without limitation:

the Software;
source code;
object code;
algorithms;
software architecture;
concepts;
designs;
user interfaces;
databases;
data structures;
Documentation; and
all other components of the Software,

shall remain the exclusive property of BITkurier GmbH and/or its licensors.

This Agreement grants the Customer only the limited right to use the Software in accordance with the applicable License.

No ownership rights are transferred to the Customer.

13.2 Copyright Protection

The Software and all of its components are protected by copyright and, where applicable, by additional intellectual property rights.

The Customer agrees to respect these rights and shall refrain from any activity that infringes, circumvents, or otherwise violates such rights.

Nothing in this Agreement shall be construed as granting any implied license beyond the rights expressly granted herein.

13.3 Trademarks and Trade Names

The company names, product names, trademarks, service marks, logos, trade dress, and other distinguishing signs of BITkurier GmbH may only be used:

with the prior written consent of BITkurier GmbH; or
where such use is expressly permitted by applicable law.

In particular, the Customer shall not use BITkurier trademarks:

for advertising its own products or services;
in a manner likely to create confusion regarding sponsorship or affiliation; or
as part of another commercial product or service without authorization.

13.4 Documentation

All Documentation, including:

user manuals;
online documentation;
tutorials;
graphics;
diagrams;
illustrations;
text;
training materials; and
other accompanying materials,

is likewise protected by intellectual property rights.

The Customer may use such Documentation solely to the extent necessary for the licensed use of the Software.

Any reproduction, publication, translation, or distribution beyond the scope permitted under this Agreement requires the prior written consent of BITkurier GmbH, unless otherwise permitted by mandatory law.

13.5 Source Code

The Customer shall have no entitlement to receive, inspect, or access the source code of the Software unless such right has been expressly agreed in writing.

This provision shall not affect any mandatory statutory rights requiring disclosure of source code under applicable law.

13.6 Open Source Components

Where the Software incorporates Open Source Software components, those components shall additionally be governed by their respective Open Source license terms.

Such licenses apply solely to the relevant Open Source components and shall neither:

extend the rights granted with respect to proprietary portions of the Software; nor
reduce or otherwise affect the intellectual property rights of BITkurier GmbH in its proprietary Software.

13.7 Feedback and Improvement Suggestions

Where the Customer voluntarily provides:

suggestions;
feature requests;
ideas;
recommendations;
bug reports;
usability feedback; or
other comments regarding the Software,

BITkurier GmbH may use, analyze, modify, implement, reproduce, and incorporate such feedback into its products and services without restriction and without any obligation to compensate the Customer.

The Customer warrants that providing such feedback does not infringe the rights of any third party.

Nothing in this Section transfers ownership of the Customer’s confidential information or personal data.

13.8 Customer-Specific Developments

Where BITkurier GmbH performs custom software development, modifications, integrations, or other individual services for the Customer, ownership of the resulting intellectual property shall be determined exclusively by the applicable individual agreement.

Unless expressly agreed otherwise in writing:

all intellectual property rights shall remain with BITkurier GmbH; and
the Customer shall receive only the agreed rights of use.

13.9 Protection Against Unauthorized Use

The Customer shall refrain from any act intended or likely to:

circumvent technical protection measures;
violate intellectual property rights;
facilitate unauthorized copying;
enable unauthorized distribution;
enable unauthorized public availability; or
otherwise misuse the Software or its components.

The Customer shall promptly notify BITkurier GmbH upon becoming aware of any unauthorized use, infringement, or suspected piracy relating to the Software.

13.10 Copyright and License Notices

Copyright notices, trademark notices, proprietary legends, License notices, and similar legal markings contained within the Software or Documentation shall not be:

removed;
altered;
concealed;
obscured; or
modified,

except where expressly permitted by mandatory law or with the prior written consent of BITkurier GmbH.

13.11 Third-Party Rights

Where the Software incorporates products, software, services, content, or intellectual property belonging to third parties, all rights therein shall remain with the respective rights holders.

The Customer undertakes to respect and comply with the applicable intellectual property rights and license terms governing such third-party components.

13.12 Survival of Intellectual Property Rights

The rights and obligations contained in this Section shall survive the termination or expiration of this Agreement to the extent necessary to protect the intellectual property rights of BITkurier GmbH, its licensors, and third parties.

Termination of this Agreement shall not affect:

ownership of intellectual property;
confidentiality obligations relating to proprietary information;
restrictions concerning unauthorized use; or
any other rights which, by their nature, are intended to survive termination.

14. Term, Renewal, and Termination

This Section governs the commencement, duration, renewal, and termination of the contractual relationship between BITkurier GmbH and the Customer, as well as the legal consequences arising from the termination of this Agreement.

14.1 Commencement of the Agreement

This Agreement shall become effective upon acceptance of the Customer’s order, execution of an individual agreement, or completion of the applicable ordering process.

The Customer’s right to use the Software shall arise in accordance with the applicable License terms and, where agreed, only after payment of the applicable license or subscription fees.

14.2 Term of the Agreement

The duration of this Agreement shall be determined by the applicable License or Subscription model.

Unless otherwise expressly agreed in writing, subscriptions are generally offered as either:

a monthly subscription; or
an annual subscription.

Perpetual Licenses, where expressly offered and purchased, shall remain unaffected by the subscription provisions of this Section.

14.3 Automatic Renewal

Fixed-term subscriptions may renew automatically upon expiration of the initial subscription period where such automatic renewal has been expressly agreed.

Unless otherwise stated in the applicable offer, Subscription Terms, or Pricing Schedule, each renewal shall occur for the same subscription period as the preceding term.

The Customer may prevent automatic renewal by providing notice of termination in accordance with the applicable cancellation period.

14.4 Ordinary Termination

Either Party may terminate this Agreement by ordinary notice where the applicable License model permits ordinary termination.

Notice of termination must comply with the agreed notice period and any applicable statutory requirements.

Termination shall become effective upon expiration of the applicable contractual term unless otherwise agreed.

14.5 Termination for Cause

The right of either Party to terminate this Agreement for good cause (termination for cause) shall remain unaffected.

Good cause may exist, in particular, where:

a material breach of this Agreement occurs;
repeated or serious License violations are committed;
payment obligations are substantially overdue;
continued performance of the Agreement becomes unreasonable; or
another circumstance exists which, under applicable law, justifies immediate termination.

Where legally required, termination for cause shall generally be preceded by an appropriate notice requiring the defaulting Party to remedy the breach within a reasonable period.

14.6 Form of Termination

Unless mandatory law provides otherwise, notice of termination may be given in text form (Textform), including by e-mail or any other legally permissible electronic communication.

Any mandatory statutory formal requirements, including consumer protection provisions, shall remain unaffected.

14.7 Consequences of Termination

Upon termination of this Agreement:

all rights granted under the applicable License shall terminate unless they have been granted on a perpetual basis;
the Customer shall immediately cease using all affected Software and Services;
the Customer shall comply with any continuing contractual or statutory obligations; and
each Party shall fulfil any post-contractual obligations arising under this Agreement.

Termination of the Agreement shall not affect any rights or obligations which, by their nature, are intended to survive termination.

14.8 Data and Access Following Termination

Where the Customer has used Cloud Services, online platforms, licensing servers, or other hosted services provided by BITkurier GmbH, access to such services may be suspended or permanently terminated following the end of the Agreement.

Any available options for:

exporting data;
retrieving configuration information;
downloading reports; or
creating backup copies,

shall be governed by the applicable Product Terms, Documentation, or Subscription conditions.

Unless otherwise required by law or expressly agreed, BITkurier GmbH shall have no obligation to retain Customer data indefinitely following termination.

14.9 Return and Deletion

Upon termination of the Agreement, each Party shall, where applicable:

return confidential information received from the other Party; or
securely delete such information,

unless:

statutory retention obligations apply;
continued retention is required by law; or
the Parties have agreed otherwise.

The foregoing obligations shall also apply to access credentials and any other confidential materials exchanged during the contractual relationship.

14.10 Continuing Provisions

The termination or expiration of this Agreement shall not affect those provisions which, by their nature or express wording, are intended to survive termination.

This includes, without limitation, provisions relating to:

confidentiality;
data protection;
intellectual property rights;
limitation of liability;
governing law;
dispute resolution; and
any accrued payment obligations.

14.11 Effect on Additional Services

Termination of the primary Agreement may also affect associated services, including but not limited to:

optional Software modules;
Cloud Services;
Support Agreements;
Professional Services;
Service Level Agreements (SLAs); and
other supplementary contractual arrangements.

The legal consequences for such services shall be determined by the respective individual agreements governing those services.

14.12 Successor Agreements

The Parties may enter into a new License Agreement, Subscription Agreement, or other successor agreement at any time.

Unless expressly agreed otherwise, entering into such a successor agreement shall not automatically terminate or replace any previous Agreement.

Any replacement or supersession of an earlier Agreement must be expressly agreed in writing by the Parties.

15. Governing Law, Jurisdiction, and Dispute Resolution

This Section governs the applicable law, jurisdiction, and procedures for resolving disputes arising out of or in connection with this Agreement.

The Parties agree that disputes should, wherever reasonably possible, be resolved amicably before formal legal proceedings are initiated.

15.1 Governing Law

This Agreement shall be governed exclusively by the laws of the Federal Republic of Germany, excluding its conflict of laws rules.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Where mandatory consumer protection provisions of another jurisdiction apply and cannot legally be excluded, such mandatory provisions shall remain unaffected.

15.2 Place of Jurisdiction

To the extent permitted by applicable law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the registered seat of BITkurier GmbH.

BITkurier GmbH shall, however, remain entitled to bring proceedings against the Customer before any other court having jurisdiction under applicable law.

Mandatory statutory provisions concerning exclusive jurisdictions shall remain unaffected.

15.3 Amicable Resolution of Disputes

Before commencing legal proceedings, the Parties shall use reasonable efforts to resolve any dispute through good-faith negotiations.

Each Party shall designate an appropriate contact person with authority to discuss and seek resolution of the dispute.

Nothing in this Section shall prevent either Party from seeking immediate judicial relief where:

urgent legal protection is required;
limitation periods must be preserved;
interim or injunctive relief is necessary; or
applicable law otherwise permits immediate legal action.

15.4 Alternative Dispute Resolution

Where both Parties agree, disputes may be submitted to:

mediation;
arbitration;
expert determination; or
another recognized alternative dispute resolution procedure.

Participation in any alternative dispute resolution process shall be voluntary unless mandatory law or a separate written agreement provides otherwise.

15.5 Consumer Dispute Resolution

Where the Customer qualifies as a consumer under applicable law, mandatory statutory provisions concerning consumer dispute resolution shall remain unaffected.

Unless expressly stated otherwise, BITkurier GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, except where such participation is required by mandatory law.

15.6 Language of Proceedings

Unless mandatory law provides otherwise, the contractual language shall be the language in which this Agreement was concluded.

Where an official English version of this Agreement is provided, the Parties may agree to conduct contractual communications and dispute resolution in English.

Court proceedings shall be conducted in accordance with the procedural rules governing the competent court.

15.7 Limitation of Claims

The assertion of claims under this Agreement shall be subject to the applicable statutory limitation periods unless a different limitation period has been expressly agreed in writing and is legally permissible.

Nothing in this Agreement shall shorten any mandatory statutory limitation period.

15.8 Injunctive Relief

The Parties acknowledge that breaches involving:

intellectual property rights;
confidential information;
License violations;
unauthorized disclosure of proprietary information; or
misuse of the Software,

may cause irreparable harm for which monetary damages alone may not constitute an adequate remedy.

Accordingly, nothing in this Agreement shall prevent either Party from seeking injunctive relief or other equitable remedies where available under applicable law.

15.9 International Customers

Where the Customer is established outside Germany, the provisions of this Section shall continue to apply unless mandatory provisions of the Customer’s jurisdiction require otherwise.

The choice of German law shall not deprive consumers of mandatory legal protections granted under the laws of their country of habitual residence where such protections cannot legally be waived.

15.10 Severability in Relation to Jurisdiction

Should any provision relating to governing law, jurisdiction, or dispute resolution be held invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

The invalid provision shall be replaced, to the extent legally permissible, by a valid provision that most closely reflects the original commercial intent of the Parties.

15.11 Costs of Proceedings

Unless otherwise provided by mandatory law or ordered by the competent court, each Party shall bear its own legal and advisory costs incurred prior to judicial proceedings.

The allocation of court costs and legal fees in formal proceedings shall be determined in accordance with the applicable procedural law and the final decision of the competent court.

15.12 Entire Agreement Regarding Dispute Resolution

This Section constitutes the complete agreement of the Parties with respect to the governing law, jurisdiction, and dispute resolution applicable to this Agreement.

Any differing arrangements concerning dispute resolution shall be valid only if expressly agreed in writing by both Parties.

Bitkurier Activity Guard® – General Terms and Conditions (GTC)

Software License & Services Agreement

1. Introduction

2. Preamble

2.1 Purpose of this Agreement

2.2 Background

2.3 Security Philosophy

2.4 Customer Responsibility

2.5 No Guarantee of Absolute Security

2.6 Future-Oriented Structure

3. Definitions

Administrator

Agency

API

Authenticator

Backup

Beta Version

Cloud Service

Customer

Dashboard

Data Breach

Defense in Depth

Documentation

Downtime

Enterprise License

Exploit

Firewall

Hosting

Incident

License

License Key

Malware

MFA (Multi-Factor Authentication)

Plugin

Release

Responsible Disclosure

Security Incident

SLA

Software

Staging Environment

Subscription

Support

Telemetry

Theme

Threat Intelligence

Update

Upgrade

Availability

Vulnerability

Website

WordPress Installation

Zero-Day Vulnerability

Rule of Interpretation

4. Subject Matter of the Agreement and Scope of Services

4.1 Subject Matter of the Agreement

4.2 Scope of Services

4.3 Optional Additional Services

4.4 Changes to the Services

4.5 Services Not Included

4.6 Third-Party Services

4.7 Future Compatibility

4.8 Order of Precedence of the Service Description

5. License Grant and License Models

5.1 License Grant

5.2 License Models

Personal

Business

Agency

Enterprise

5.3 Scope of the License

5.4 Activation and License Keys

5.5 Test, Development, and Staging Environments

5.6 Transfer of Licenses

5.7 Prohibited Use

5.8 White Label and Reseller Models

5.9 License Violations

5.10 Future License Models

6. Terms of Use and License Restrictions

6.1 Permitted Use

6.2 Intended Use