This is a convenience translation. Only the German version is legally binding: Endnutzer-Lizenzvereinbarung (EULA). In the event of any discrepancy, the German wording prevails.

End User Licence Agreement (EULA)

1. Parties and subject matter

This agreement governs the use of the software “Abalso Backup” (the “software”) between Eduard Mehrtens e.K., Am Hagen 15, 28790 Schwanewede, Germany (“licensor”) and the end user (“licensee”).

2. Grant of licence

1. The licensor grants the licensee a simple, non-exclusive, non-transferable right to use the software on the licensee’s own devices.
2. Free of charge use. Using the software with local backup destinations – internal and external storage media as well as network drives (NAS) on the licensee’s own network – is free of charge. Those functions marked as Pro are subject to a fee, in particular backups to remote destinations (e.g. SFTP, WebDAV, S3, abalso Storage), encryption and extended retention; for these the scope of the licence actually acquired applies (e.g. number of devices/workstations).
3. Licence type 1 – device licence (purchase). The device licence can be acquired for one or more devices; the number chosen at the time of purchase is decisive. It may be used simultaneously on as many devices as the licence states; if a device is permanently replaced, the licence may be transferred to the successor device. The licence applies without time limit to the major version acquired (e.g. “Abalso Backup 27”). Within that major version, updates are included free of charge for twelve months from the purchase; after that the software remains usable indefinitely, while further feature updates and the move to a new major version (e.g. “Abalso Backup 28”) are subject to a fee. The statutory obligation to provide updates that are necessary to maintain conformity with the contract – including security updates – remains unaffected (§ 327f BGB).
4. Licence type 2 – abalso Storage (annual fee). With a storage contract, use of the software with all Pro functions including all updates – new major versions as well – is included for the duration of the contract. This is conditional on full payment of the agreed annual fee.
5. End of Pro use. If the storage contract ends or the annual fee is not paid, the software reverts to free-of-charge use under clause 2: backups to remote destinations are no longer carried out, local backup destinations remain available. The software itself does not lock any existing backup: a full restore remains possible from every reachable backup destination – including from encrypted backups, provided the password is available. For abalso Storage this applies only while the storage contract exists: the data held there resides on storage space provided for a fee and is no longer reachable without a paid contract. Clause 6 governs blocking, retrieval and deletion.
6. Default of payment for abalso Storage. If the licensee is in default with the annual fee, the licensor may block the storage space for new backups after prior notice in text form and expiry of a reasonable grace period. The data already stored is initially retained and remains retrievable until deletion; in the notice the licensor states until when this is possible. If payment is not made before the expiry of a further period of at least 30 days from the block, the licensor may permanently delete the storage space including the backups stored on it. The impending deletion is announced separately by email beforehand. The consumer’s right to demand the return of the content they provided after the end of the contract (§ 327p (2) BGB) remains unaffected; it should be asserted in good time before the period expires. Deleted data cannot be restored. The licensee should therefore – in line with the principle in section 4 clause 2 – always additionally keep a backup outside abalso Storage.
7. The following in particular are not permitted: reproduction beyond the backup copy, modification, decompilation (except within the scope of §§ 69d, 69e UrhG), rental, sublicensing and making the software publicly available.

3. Updates

The software checks automatically for updates (server: update.backup.abalso.de) and installs them after confirmation or when the app is restarted. Which updates are included free of charge depends on the licence type acquired (section 2 clauses 3 and 4). There is no claim to particular functions in future versions.

4. Licensee’s obligations / data backup

1. The software assists the licensee with data backup. Responsibility for their data remains with the licensee. They must ensure on their own responsibility that their backups are complete, current and restorable.
2. Multiple copies (3-2-1 principle). The licensor strongly recommends backing up data according to the recognised 3-2-1 principle: three copies of the data (the original and two backups), on two different storage media or systems, one of them at another location (e.g. external storage medium, cloud or SFTP destination). A single backup – on whatever medium – does not protect against fire, theft, ransomware or the failure of the backup destination itself.
3. Regular full test restore. The licensee is obliged to check the restorability of every backup regularly by means of a full restore into a separate directory, at least quarterly. In addition, a full test restore must be carried out after:
   1. material changes to the backup set, in particular where sources have been added, removed or renamed or the scope of the backup has changed considerably,
   2. changing or newly setting up the backup destination,
   3. changing the encryption password,
   4. changing the computer or the operating system, and after reinstalling the software.
4. Content of the check. The test restore has been carried out properly only if in doing so the licensee satisfies themselves of both of the following:
   1. Completeness: that all data whose loss they could not accept is in fact backed up – in particular that the chosen sources, mailboxes, contacts and calendars cover the scope actually needed and that no exclusions unintentionally leave data out; and
   2. Legibility: that the restored data is usable in substance, that is, in particular that it can be opened with the intended programs and, in the case of encrypted backups, decrypted with the password or recovery kit available.
   Checking individual files, a mere glance at the file list, or the automatic spot checks performed by the software do not replace the full test restore. The software cannot judge which data is indispensable for the licensee; this check can therefore only be carried out by the licensee themselves.
5. Encryption and recovery kit. Where encryption is enabled the following applies: without the encryption password a restore is technically impossible. The licensor has no access to the password and cannot recover lost passwords. The licensee must keep the recovery kit safely and separately from the backed-up data.
6. Reachability. The licensee keeps the email address on file valid and able to receive mail and notifies any change without delay. Licence keys, invoices, payment reminders and notices of an impending block or deletion of storage space are sent to that address. The licensee ensures that messages from the licensor actually reach them and are not filtered out by spam filters, block or deny lists, a full mailbox or forwarding rules; this includes checking the spam folder regularly. Disadvantages arising from a message not reaching the licensee for reasons within their sphere of responsibility are borne by the licensee. No deemed receipt is associated with this.
7. If the licensee omits the checks under clauses 3 and 4 or does not carry them out properly, this may be taken into account as contributory fault under § 254 BGB when a loss arises and is assessed. Section 6 of this agreement remains otherwise unaffected.

5. Warranty

The statutory warranty rules apply. In so far as the software is provided free of charge – that is, when used with local backup destinations under section 2 clause 2 – the warranty is governed by the rules on gifts (§§ 521 et seq. BGB by analogy).

6. Liability

1. The licensor is liable without limitation for intent and gross negligence and for injury to life, body or health.
2. Provision free of charge. Where the software is provided free of charge (section 2 clause 2), the licensor is responsible under the rules on gifts only for intent and gross negligence (§ 521 BGB by analogy); there is no liability for simple negligence in that respect. Clause 1 and liability under the Product Liability Act remain unaffected. The following clauses 3 to 6 apply only to provision for a fee.
3. In cases of simple negligence the licensor is liable only for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical of the contract. To that extent liability for lost profit and indirect consequential loss is excluded.
4. Liability under the Product Liability Act remains unaffected.
5. For loss of data the licensor is liable only to the extent that the damage would also have occurred had the licensee performed proper data backup in accordance with section 4 of this agreement – including multiple copies under the 3-2-1 principle and regular full test restores.
6. If the licensee has omitted the checks under section 4 clauses 3 and 4 or has not carried them out properly, § 254 BGB applies. Fault on the part of the licensee may reduce the claim for compensation or, where the damage would have been avoidable had the check been carried out properly, exclude it.

7. Data protection

Using the software requires no sign-in and sends no telemetry; registration with an email address is voluntary. For licences that have been purchased, the licensor maintains a licence account which is kept under the purchaser’s email address and can be viewed in the browser after signing in via an email link (licence, devices in use, storage space booked). Backups are transferred solely to the destinations chosen by the licensee. With every destination other than abalso Storage the licensor obtains no knowledge of the backed-up data; where abalso Storage is used, the backups reside on the licensor’s servers in Germany – with encryption enabled they are already encrypted on the licensee’s device before transfer, so that knowledge of their content is ruled out there too. Connections to the licensor’s servers exist for the update check and, depending on the functions used, for licence checking, registration, referral code and messages to support; only the data required for this is processed. Details including data categories, legal bases and retention periods: privacy policy.

8. Term and termination

The licence applies for the duration of the agreed use. In the event of material breaches of this agreement the licensor may terminate the licence for cause; the licensee must then cease using the software.

9. Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. If the licensee is a merchant, the place of jurisdiction is the licensor’s registered office.
3. Should individual provisions be invalid, the remainder of the agreement remains effective.

Contact: info@abalso.de