Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Azotte platform, APIs, and related services ("Services") provided by Azotte GmbH, Maximilianstraße 35, 80539 Munich, Germany ("Azotte", "we", "us"). By accessing or using the Services you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

1. Definitions

• Account — the unique environment created for your organisation within the Azotte platform.
• Customer Data — all data you submit to the Services, including subscription records, customer identifiers, pricing configurations, and event payloads.
• Documentation — technical and product documentation published at azotte.com/support/documentation.
• Order Form — a written or electronic agreement that specifies the Services, fees, and any special terms.
• Subscription Term — the period during which you are authorised to use the Services, as set out in your Order Form.

2. Access and Permitted Use

Subject to these Terms and timely payment of fees, Azotte grants you a non-exclusive, non-transferable right to access and use the Services during the Subscription Term solely for your internal business operations.

You may not:

• sublicense, resell, or make the Services available to third parties except as permitted in an Order Form;
• reverse engineer, decompile, or attempt to derive the source code of the Services;
• use the Services to build a competing product or service;
• exceed any usage limits or rate limits specified in the Documentation or your Order Form;
• transmit malicious code, interfere with platform integrity, or attempt unauthorised access to any system.

3. Accounts and Security

You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your Account. Notify Azotte immediately at security@azotte.com if you suspect unauthorised access. Azotte is not liable for losses resulting from compromised credentials that you failed to report promptly.

4. Customer Data

You retain ownership of all Customer Data. By submitting Customer Data to the Services you grant Azotte a limited licence to process it solely to provide and improve the Services.

Azotte processes Customer Data in accordance with the Data Processing Agreement ("DPA") incorporated into your Order Form. Where Customer Data includes personal data of individuals in the European Economic Area, the DPA constitutes the controller-processor arrangement required under the GDPR.

5. Fees and Payment

Fees are set out in your Order Form. Unless stated otherwise:

• fees are invoiced in advance on a monthly or annual basis;
• all amounts are exclusive of applicable taxes, which you are responsible for;
• undisputed invoices not paid within 30 days may incur interest at 1.5% per month;
• Azotte may suspend Services after 15 days' written notice if payment remains overdue.

6. Confidentiality

Each party agrees to keep the other's non-public technical and business information ("Confidential Information") strictly confidential and to use it only to exercise rights or fulfil obligations under these Terms. Confidential Information excludes information that is publicly known, independently developed, or rightfully received from a third party without restriction. Disclosure is permitted where required by law, provided the receiving party gives prior written notice where legally allowed.

7. Intellectual Property

Azotte and its licensors retain all right, title, and interest in the Services, platform technology, and related intellectual property. No rights are granted to you other than those expressly stated in these Terms. Feedback or suggestions you provide may be used by Azotte without obligation to you.

8. Warranties

Azotte warrants that the Services will perform materially in accordance with the Documentation during the Subscription Term. As your sole remedy for a breach of this warranty, Azotte will use reasonable efforts to correct the non-conformance or, if it cannot do so within a reasonable period, refund fees pre-paid for the affected period.

Except as expressly stated, the Services are provided "as is". Azotte disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.

Azotte's total aggregate liability arising out of or related to these Terms will not exceed the fees paid by you in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be limited under applicable law.

10. Indemnification

You will defend, indemnify, and hold harmless Azotte from any third-party claims, losses, and expenses (including reasonable legal fees) arising from your use of the Services in violation of these Terms, your Customer Data, or your breach of applicable law.

11. Term and Termination

These Terms remain in effect for the duration of your Subscription Term and any renewals. Either party may terminate if the other commits a material breach that is not remedied within 30 days of written notice. Azotte may terminate immediately if you breach Section 2 (Permitted Use) or Section 3 (Security).

Upon termination, your access to the Services ceases. Azotte will make Customer Data available for export for 30 days following termination, after which it may be deleted.

12. Modifications to the Services

Azotte may modify or discontinue features of the Services with reasonable prior notice. Material reductions in core functionality will be communicated at least 60 days in advance. Continued use of the Services after the effective date of a change constitutes acceptance.

13. Changes to These Terms

Azotte may update these Terms from time to time. We will notify you of material changes via email or an in-platform notice at least 30 days before the effective date. If you do not agree to the updated Terms, you may terminate your subscription before the effective date.

14. Governing Law and Disputes

These Terms are governed by the laws of Germany, excluding conflict-of-law rules. The courts of Munich, Germany have exclusive jurisdiction over disputes arising from these Terms. Notwithstanding the foregoing, either party may seek injunctive relief in any competent court to protect intellectual property or confidential information.

15. General

• Entire agreement. These Terms, together with any Order Form and DPA, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements.
• Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver. Failure to enforce any right is not a waiver of that right.
• Assignment. You may not assign these Terms without Azotte's prior written consent. Azotte may assign them in connection with a merger or acquisition.
• Force majeure. Neither party is liable for delays caused by circumstances beyond their reasonable control.
• Notices. Legal notices to Azotte must be sent to legal@azotte.com.

16. Contact

Questions about these Terms? Contact us:

Azotte GmbH
Gartenstr. 22, 80809 Munich, Germany 🇩🇪
legal@azotte.com