KumoYami End User License Agreement (EULA)

Version: [1.0] Effective date: [DD/MM/YYYY] Language: this is an English translation provided for information only. The Spanish version ("Contrato de licencia de usuario final de KumoYami") prevails in case of any difference, except where the law applicable to a Consumer provides otherwise.

DRAFT. This document is a draft prepared for review by a lawyer before publication. Items in [BRACKETS] must be completed or decided.

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Plain-language summary

This summary helps you understand the agreement but does not replace it. If there is any difference, the full text applies.

• You buy a license, not the software. You may use KumoYami forever on the number of installations of your plan, with every version released during your Updates Period (for example, 1 year). When that period ends, what you have keeps working; to get new versions, you renew.
• Security fixes do not depend on renewing during the Security Support Period (clause 6).
• The software activates online and checks the license about once a day. If your server goes offline, it keeps working for up to 14 days. If the license is not valid, your admin panel locks, but your public site keeps working.
• You host the software and your data. Hostarys does not host, see or control your files or your visitors' data. It only receives a few technical data points to activate the license (Annex I).
• You are responsible for what you publish and for complying with the laws that apply to your site (data protection, intellectual property, etc.).
• The law always grants you certain rights this agreement cannot take away: making a backup copy, studying how the program works and, in certain cases, decompiling it for interoperability (clause 10). Open-source components are governed by their own licenses (clause 11).
• If you are a consumer, you keep all your statutory rights, including the 2-year legal guarantee for digital content. If Hostarys shuts down, it commits to releasing a way to keep using your license without its server (clause 24).

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1. The parties

1.1. Licensor. The KumoYami software is owned by [COMPANY NAME or FULL NAME if sole trader], trading as Hostarys ("Hostarys", "we"), Spanish tax ID (NIF) [NIF], registered address [FULL ADDRESS], registered at [COMMERCIAL REGISTRY DETAILS, if applicable], email [CONTACT EMAIL], telephone [PHONE]. Website: kumoyami.com.

1.2. Customer. The natural or legal person who buys a License ("Customer", "you"). If you accept this agreement on behalf of a company or organization, you represent that you have authority to bind it and "Customer" refers to it.

2. Definitions

• Software or KumoYami: the KumoYami computer program in any of its versions, in object code, distributed as a private Docker image, together with its documentation, updates and fixes that Hostarys provides to you. It does not include Third-Party Components.
• License: the right of use granted by this agreement, identified by a license key or identifier (License ID) and linked to a Plan.
• Plan: the type of License purchased (Personal, Pro or Business), with its limits and features as described on kumoyami.com at the time of purchase.
• Installation: each running instance of the Software activated with your License and identified by the License Server with an instance identifier (Instance ID). An Installation may serve one or more domains, as the Plan allows.
• Updates Period: the period, counted from the purchase date (or renewal), during which you are entitled to download and use new versions of the Software. Its length is the one stated at purchase (by default, [1 year]).
• Covered Versions: all versions of the Software released by Hostarys before your Updates Period ends, plus the Security Fixes under clause 6.
• Security Fixes: versions or patches that Hostarys releases mainly to fix vulnerabilities or security-relevant defects.
• Security Support Period: the period during which Hostarys undertakes to release Security Fixes, under clause 6.
• License Server: Hostarys' service that activates Installations and periodically renews their authorization to run (Lease).
• Private Registry: Hostarys' Docker image registry, which you access with the credentials linked to your License.
• Admin Panel: the part of the Software used by the administrator to configure it.
• Public Site: the website the Software publishes for your visitors.
• Your Content: the files, texts, images, videos and any other information you connect, upload, publish or process with the Software, as well as your visitors' data.
• Third-Party Components: third-party software, libraries, fonts and other elements included in the Software or its Docker image, governed by their own licenses (clause 11).
• Third-Party Services: external services the Software can connect to at your initiative, such as Microsoft OneDrive, Google Drive, Amazon S3 or other compatible storages, Patreon, Telegram, Discord or email servers.
• Consumer: a natural person who buys for purposes outside their trade, business, craft or profession, within the meaning of article 3 of the Spanish consolidated Consumer Protection Act (TRLGDCU) or the equivalent rule of their country of residence.
• Business Customer: a Customer who is not a Consumer.

3. Purpose and acceptance

3.1. This agreement governs the use of the Software. The purchase is also governed by the kumoyami.com Terms of Sale, which complement this agreement. In case of conflict on the use of the Software, this agreement prevails; on purchase, payment, withdrawal and refunds, the Terms of Sale prevail.

3.2. You accept this agreement by ticking the corresponding box before paying. Before buying you can read, download and print it. We will email you a copy with your purchase confirmation.

3.3. You must be of legal age to buy as a Consumer.

3.4. Nothing in this agreement limits the rights granted to you by applicable mandatory law, in particular consumer protection law. If a clause contradicts such law, the law will apply instead and the rest of the agreement remains in force.

4. License granted

4.1. Scope. In exchange for the price, Hostarys grants you a non-exclusive, perpetual, worldwide license (subject to clause 25), transferable only under clause 22, to:

a) download the Covered Versions from the Private Registry; b) install and run them on servers you control (owned or rented), on the number of simultaneous Installations of your Plan; c) use the Software to publish and manage Your Content, for yourself or, if your Plan allows it, for third parties (clause 12); d) make the technical copies necessary for those uses (for example, cache, container or backup copies on your server).

4.2. Perpetual term. The License does not expire: you may use the Covered Versions with no time limit as long as you comply with this agreement. What ends with the Updates Period is the right to receive and use new versions (except Security Fixes under clause 6). Versions released after your Updates Period ends will not run with your License unless you renew it.

4.3. Not a sale. The Software is licensed, not sold. Hostarys retains ownership of all rights in the Software. You only have the rights expressly granted by this agreement or by law.

5. Plans, Installations and Updates Period

5.1. Plans. At the date of this version, the Plans are:

The specific features of each Plan are those described on kumoyami.com at the time of purchase. Hostarys will not reduce the features of a Plan in the Covered Versions you can already use.

5.2. Counting Installations. Each Instance ID active at the same time counts as one Installation. Backups, cold standbys and test environments that are not running at the same time as the main Installation do not count. A running test or staging environment does count, unless your Plan says otherwise.

5.3. Moving between servers. You may move an Installation to another server at any time: deactivate it in your customer area (or from the Admin Panel) and activate it on the new server. If you cannot deactivate it because the old server no longer exists, write to us and we will release it. To prevent abuse, Hostarys may limit reactivations to a reasonable number [for example, 10 per month], which may never prevent normal use.

5.4. Upgrades. You may upgrade to a higher Plan by paying the difference shown on kumoyami.com at that time.

5.5. Renewal of the Updates Period. You may renew the Updates Period at the price in force at the time of renewal. Renewal is optional: if you do not renew, you keep the License and the Covered Versions. If you renew before the period ends, the new period is added to the remaining one. If you renew afterwards, the new period starts on the renewal date and entitles you to all versions released until it ends. Renewal is not automatic unless you expressly turn on auto-renewal; in that case, the Terms of Sale apply (advance notice and cancellation at any time).

6. Security updates and Security Support Period

6.1. Commitment. Whether or not you renew the Updates Period, Hostarys will release the Security Fixes needed to fix known vulnerabilities of the Software during the Security Support Period, which will be at least [5 years] from the release of each [major/minor] version, or any longer period required by law. The end-of-support date of each version will be shown on kumoyami.com and in the documentation.

6.2. Use with your License. Security Fixes for your Covered Versions will run with your License even after your Updates Period has ended. [PENDING DECISION: Hostarys will release them (a) as patch versions of the versions you already have, or (b) if the fix only exists in a later version, by allowing your License to run that later version.]

6.3. Free of charge. Security Fixes have no additional cost.

6.4. Your part. You must install updates and Security Fixes within a reasonable time. Hostarys will inform you of their availability and of the risks of not installing them (for example, in the Admin Panel or by email). If you do not install them, Hostarys will not be liable for defects caused solely by not installing them, provided it informed you and the instructions were correct.

6.5. Consumers. For Consumers, Hostarys will also supply the updates, including security updates, needed to keep the Software in conformity with the contract for the period required by law (article 115 ter TRLGDCU).

7. Activation, license verification and technical protection measures

7.1. Online activation. The Software must be activated online against the License Server. Once activated, it renews its Lease about once a day. If it cannot reach the License Server, it keeps working normally for up to 14 days from the last successful renewal.

7.2. If the license is not valid. If the Lease expires (for example, because your server has had no connection with the License Server for more than 14 days) or the License is not valid (for example, because the number of Installations is exceeded, or the License was refunded or terminated), the Admin Panel locks, but the Public Site keeps working with the existing configuration. When the License validates again, the Admin Panel unlocks without losing the configuration. Locking never deletes Your Content, which stays on your servers and storages.

7.3. License Server outages. If the Lease cannot be renewed for a reason attributable to Hostarys (for example, a License Server outage), Hostarys will restore the service as soon as possible and, if the outage lasts more than [7] days, will extend the offline period or provide a temporary offline activation for as long as the problem lasts. Such an outage is not a breach on your part.

7.4. Data sent. To activate and verify the License, the Software sends the License Server only the data in Annex I (License ID, Instance ID, version, host name or domain of the site and the IP address from which the server connects). The Software does not send Hostarys Your Content, your visitors' data, your storage credentials or your statistics.

7.5. Technical measures. The licensing system, the Lease and the Private Registry credentials are technical protection measures of the Software. You must not circumvent, disable, falsify or alter them, nor make, distribute or use tools for that purpose (article 102(c) of the Spanish Intellectual Property Act), except to the extent the law expressly allows you to do so (clause 10).

7.6. Detection of unauthorized use. Hostarys may use the Annex I data to detect use exceeding the License or fraud (for example, the same License active on more Installations than allowed). If it detects it, it will notify you and give you a reasonable period [15 days] to fix it or upgrade your Plan before blocking the excess Installations. In cases of obvious fraud (for example, published keys or keys bought with a stolen payment method), Hostarys may block the License immediately, informing you of the reasons.

7.7. No other checks. Beyond what this clause describes, Hostarys will not audit your installations. If you are a Business Customer and there are reasonable indications of use exceeding the License, Hostarys may ask you, at most once a year, for a written statement of the number of Installations in use.

8. Private Registry and credentials

8.1. You will receive credentials to download Docker images from the Private Registry. They belong to your License: you must keep them secret and use them only to download the Software for your Installations.

8.2. You may keep copies of the images you download (for example, in your own private registry) for your Installations and as a backup, but you may not make them available to third parties.

8.3. If you suspect your credentials have leaked, tell us: we will change them at no cost. Hostarys may rotate credentials for security reasons, giving reasonable notice except in urgent cases.

9. What you may not do

Except as expressly allowed by this agreement, by law that cannot be contractually excluded (clause 10) or by the license of a Third-Party Component (clause 11), you may not:

a) use the Software on more simultaneous Installations than your Plan allows; b) sell, rent, lend, sublicense, distribute or make the Software available to third parties, or offer it as a service to third parties (for example, as a hosting platform where others install or administer their own copy), except as provided for the Business Plan in clause 12; c) share your License ID or Private Registry credentials with people outside your License; d) modify, translate or create derivative works of the Software, except customization through the options, themes, templates, CSS or integrations provided by the Software itself or its documentation; e) decompile, disassemble or reverse engineer the Software, except in the cases of clause 10; f) circumvent or alter the licensing system (clause 7.5); g) remove or alter copyright, trademark or license notices of the Software or Third-Party Components (white labeling under the Business Plan is governed by clause 12); h) use the Software for unlawful purposes or contrary to clause 13.

10. Rights the law always grants you

No clause of this agreement limits the rights the law grants you as a lawful user that cannot be excluded by contract, in particular those in article 100 of the Spanish Intellectual Property Act and articles 5 and 6 of Directive 2009/24/EC:

a) Backup copy: you may make the backup copies necessary to use the Software. b) Observe, study and test: you may observe, study or test the functioning of the Software to determine the ideas and principles underlying it, while loading, displaying, running, transmitting or storing it under your License. c) Interoperability: you may reproduce the code and translate its form where indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software, provided that such information is not already readily available (you can ask us at [SUPPORT EMAIL]), you limit yourself to the necessary parts and you use that information only for that purpose, under article 100(5) to (7) of the Spanish Intellectual Property Act. d) Use in accordance with its intended purpose and error correction: you may perform the acts necessary to use the Software in accordance with its intended purpose, including error correction, to the extent the law does not allow them to be excluded. We ask you to report the error to us first so we can fix it.

11. Third-Party Components and open source

11.1. The Software and its Docker image include open-source Third-Party Components distributed under their own licenses (for example, MIT, Apache-2.0, BSD, ISC, SIL Open Font License, LGPL and GPL). The list and texts of those licenses are in the third-party-licenses.txt file that comes with each version and in the image itself.

11.2. Your use of each Third-Party Component is governed by its license. Nothing in this agreement limits or restricts the rights those licenses grant you, including, where applicable, the rights to copy, modify and redistribute those components, to replace LGPL libraries with modified versions and to reverse engineer to the extent necessary to debug such modifications.

11.3. Where a license (for example, GPL or LGPL) requires it, Hostarys will make available the corresponding source code of those components for at least three years from the release of each version, as described in third-party-licenses.txt or on request at [CONTACT EMAIL].

11.4. The restrictions in clause 9 apply only to KumoYami's own code, not to Third-Party Components.

11.5. Codec patents. The player converts video with ffmpeg. Some video and audio formats may be covered by patents in certain countries. This agreement grants no license under third-party patents. [REVIEW WITH LAWYER.]

12. Business Plan: white label and installations for clients

12.1. White label. With the Business Plan you may hide or replace the "KumoYami" brand and the "made with KumoYami" notices on the Public Site and, if the Software allows it, in the Admin Panel, and use your own brand.

12.2. Limits of white labeling. White labeling does not authorize you to: a) present yourself as the author or owner of the Software or register its rights as your own; b) remove copyright notices from the code, or the licenses and notices of Third-Party Components (which must remain accessible, for example at /third-party-licenses.txt); c) sell, sublicense or distribute the Software as your own product.

12.3. Installations for clients. With the Business Plan you may install and operate the Software for your own clients (for example, as an agency), within the number of Installations of your Plan, provided that: a) you remain the License holder and are responsible to Hostarys for compliance with this agreement; b) your clients do not receive the License ID or Private Registry credentials, nor license rights to the Software (they may use their site's Admin Panel if you decide so); c) when the relationship with a client ends, you may deactivate that Installation and reuse it. Hostarys has no contractual relationship with your clients and does not provide direct support to them, unless otherwise agreed.

13. Your Content, your site and acceptable use

13.1. Hostarys is a software provider, not a hosting provider. You install and operate the Software on your servers. Hostarys does not host, store, transmit, see or control Your Content or your visitors' data, and does not act as an intermediary service provider for your site.

13.2. Your responsibility. You are solely responsible for: a) Your Content and for holding the rights and permissions needed to publish it, share it or allow others to upload it (for example, through upload mailboxes); b) your site's configuration: password-protected folders, shares, permissions, Patreon-gated content, notifications, etc.; c) complying with the laws applicable to your site and activity, including data protection, intellectual property, information society services and consumer law and, if you host third-party content, any obligations to remove illegal content that apply to you; d) the security of your servers, credentials and backups.

13.3. Prohibited uses. You may not use the Software to publish, store or distribute illegal content, in particular: child sexual abuse material; content infringing third parties' intellectual property rights; malware or phishing; content inciting terrorism, hatred or violence; or for any other activity that is illegal in the country from which you operate or at which your site is directed.

13.4. What Hostarys may do. As Hostarys has no access to your site, it does not monitor Your Content and has no obligation to do so. If a competent authority or court orders it, or if Hostarys gains actual knowledge that the License is being used in a manifestly unlawful way (for example, to distribute child sexual abuse material), Hostarys may suspend or terminate the License under clause 23, notifying you unless the law or the authority prevents it.

13.5. Backups. The Software works with your storages and may modify or delete files when you or your users instruct it (for example, when uploading, moving or deleting). We strongly recommend keeping backups of Your Content and configuration.

14. Third-Party Services

14.1. The Software can connect to Third-Party Services that you choose and configure with your own accounts, keys or credentials. Your use of those services is governed by their own terms, which you must comply with (for example, the API terms of Microsoft, Google, Patreon, Telegram or Discord, and the limits of your storage or email provider).

14.2. Hostarys does not control Third-Party Services. If a third party changes, limits or withdraws its service or API, some features that depend on it may stop working. During your Updates Period, Hostarys will make reasonable efforts to adapt the Software to such changes, but cannot guarantee that it will always be possible. For Consumers, this is without prejudice to the legal guarantee of conformity.

14.3. Hostarys does not receive your Third-Party Service credentials: they are stored in your Installation.

15. Legal pages generator

The Software includes an optional generator of legal pages (for example, legal notice, privacy or cookie policy) for your site. The texts it generates are indicative templates based on the data you enter; they are not legal advice and may not suit your case, your country or regulatory changes. You are responsible for reviewing, completing and adapting them (with a professional if needed) before publishing them. This does not limit Hostarys' liability if the generator does not work as described.

16. Personal data protection

16.1. License data: Hostarys is the controller. Hostarys processes, as controller, purchase and billing data (through Stripe), contact and support data, and the activation data in Annex I, in order to perform this agreement, manage the License, prevent fraud and comply with legal obligations. Full information, including your rights and how to exercise them, is in the kumoyami.com Privacy Policy: [PRIVACY POLICY URL].

16.2. Your site's data: you are the controller. For the personal data you process with your Installation (for example, your visitors' data, the IP addresses in statistics for the retention period you configure, the email addresses of those subscribing to notices, Patreon patrons' data or files uploaded to your mailboxes), you are the controller. You must inform your visitors, have a legal basis, configure appropriate retention periods and handle their rights.

16.3. No processing on your behalf. Because the Software runs on your servers and Hostarys does not access that data, Hostarys does not process personal data on your behalf and does not act as a processor in the normal use of the Software. Therefore, no data processing agreement is needed to use the Software.

16.4. Support with access. If, to provide support, you give us access to your Installation, logs or files containing personal data, Hostarys will act as a processor at that time and the terms of Annex II will apply. Whenever possible, please send us only logs without personal data or anonymized logs.

17. Support

17.1. During the Updates Period, Hostarys offers technical support by [email / customer area] in [LANGUAGES], with the scope and indicative response times shown on kumoyami.com for your Plan. Support covers installation, configuration and Software defects, not the administration of your server or of Third-Party Services.

17.2. Outside the Updates Period, Hostarys will continue to handle queries about the legal guarantee, Security Fixes and License management.

18. Intellectual property and trademarks

18.1. The Software, its code, design, documentation and the "KumoYami" and "Hostarys" trademarks belong to Hostarys or its licensors. This agreement grants you no rights to the trademarks, except to truthfully state that your site uses KumoYami.

18.2. Your Content is yours. Hostarys acquires no rights over it.

18.3. If you send us suggestions or ideas about the Software, we may use them freely to improve it, without payment obligation, but without attributing any liability to you for them.

19. Warranties

19.1. Consumers: legal guarantee. If you are a Consumer, Hostarys is liable for any lack of conformity of the Software existing at the time of supply and becoming apparent within two years, and for any lack of conformity of updates for the applicable period, under articles 114 et seq. of the TRLGDCU (or the equivalent law of your country, if it protects you more). You may require the Software to be brought into conformity and, in the cases provided by law, a price reduction or termination of the contract, plus any applicable damages. Nothing in this clause or clause 20 limits those rights. How to claim: see the Terms of Sale.

19.2. Business Customers: limited warranty. If you are a Business Customer, Hostarys warrants that, for [90 days] from purchase, the latest Covered Version will perform substantially in accordance with its documentation if installed in a compatible environment. Your sole remedy for breach of this warranty will be, at Hostarys' option, correction of the defect or, if not possible within a reasonable time, termination of the License and refund of the price paid. This does not exclude rights that the law does not allow to be excluded.

19.3. DISCLAIMER. EXCEPT AS PROVIDED IN 19.1 AND 19.2 AND TO THE EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE". HOSTARYS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOSTARYS DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPATIBLE WITH ALL THIRD-PARTY SERVICES. Hostarys is not liable for lack of conformity caused by installation in an incompatible environment not following the documentation, by modifications made by you or third parties, by Third-Party Services, or by not installing updates under clause 6.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. Liability

20.1. We are always liable for: damage caused by wilful misconduct (dolo) or gross negligence; death or personal injury; damage that must be compensated under product liability law; and any other liability that cannot be limited or excluded by law.

20.2. Consumers. If you are a Consumer, Hostarys is liable in accordance with applicable law and the limitations in 20.3 and 20.4 do not apply. When assessing damages, account will be taken, as the law provides, of whether you could have avoided them with reasonable measures within your reach, such as keeping backups.

20.3. BUSINESS CUSTOMERS: EXCLUSIONS. EXCEPT AS PROVIDED IN 20.1, HOSTARYS SHALL NOT BE LIABLE TO BUSINESS CUSTOMERS FOR: LOSS OF PROFITS; LOSS OF BUSINESS, CUSTOMERS OR OPPORTUNITIES; INDIRECT OR CONSEQUENTIAL DAMAGES; OR LOSS OR CORRUPTION OF DATA OR CONTENT WHERE IT COULD HAVE BEEN AVOIDED BY KEEPING REASONABLE BACKUPS.

20.4. BUSINESS CUSTOMERS: CAP. EXCEPT AS PROVIDED IN 20.1, HOSTARYS' TOTAL LIABILITY TO A BUSINESS CUSTOMER FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR THE LICENSE (INCLUDING RENEWALS) DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE DAMAGE.

20.5. Hostarys is not liable for Your Content, for the use you or your visitors make of your site, or for Third-Party Services.

21. Indemnity (Business Customers only)

If you are a Business Customer, you will hold Hostarys harmless from third-party claims (including by authorities) arising from Your Content, your site or use of the Software contrary to this agreement or the law, including reasonable defense costs, provided Hostarys notifies you of the claim without delay, lets you control the defense and does not admit liability without your consent. This clause does not apply to Consumers.

22. Transfer of the License

22.1. You may transfer your entire License to another person or company provided that: a) you notify Hostarys from your customer area or in writing, giving the new holder's details; b) you deactivate all your Installations and stop using the Software and any copies you hold (except those you are legally required to keep); and c) the new holder accepts this agreement. Hostarys will record the change and issue new credentials to the new holder, at no cost [or for an administrative fee of [X] €, if decided].

22.2. You may not split a License (for example, transfer one of the three Installations of a Pro Plan and keep the others).

22.3. Any remaining Updates Period is transferred with the License.

22.4. Hostarys may assign this agreement to an entity succeeding it in the KumoYami business (for example, through a sale or restructuring), provided the assignment does not reduce your rights or guarantees. It will notify you.

23. Term and termination

23.1. This agreement lasts indefinitely, unless terminated for one of the reasons in this clause.

23.2. Termination by you. You may terminate this agreement at any time by ceasing to use the Software and deactivating your Installations. This gives no right to a refund, except as provided by law or the Terms of Sale.

23.3. Termination by Hostarys. Hostarys may only terminate the License if you seriously breach this agreement (for example, circumventing the licensing system, reselling or distributing the Software or your credentials, the manifestly unlawful use in clause 13.4, or non-payment or chargeback of the purchase) and, if the breach can be remedied, you fail to remedy it within [15 days] of our written notice stating the reason.

23.4. Effects. On termination you must stop using the Software and delete its copies (except those you must keep by law). The Admin Panel will lock under clause 7.2. Your Content remains yours and in your storages. Clauses 10, 11, 18, 19 to 21, 24 and 28 survive as applicable.

23.5. Refund. If Hostarys terminates the License without any breach on your part, or the termination is due to a cause attributable to Hostarys, it will refund the proportional part of the price as required by law.

24. Continuity: if Hostarys shuts down or the License Server is switched off

24.1. Commitment. If Hostarys permanently stops selling and supporting KumoYami, or ceases trading, and no other entity takes over the License Server on equivalent terms, Hostarys will publish, before switching off the License Server and with at least [60] days' notice, a version or tool allowing all Licenses valid at that time to keep using their Covered Versions without needing a connection to the License Server (for example, a permanent offline activation).

24.2. Minimum maintenance. While Hostarys continues operating, it will keep the License Server available for the perpetual Licenses sold. If it decides to retire or replace it with another system, it will apply the commitment in 24.1 or an equivalent solution that does not require you to pay again.

24.3. [OPTIONAL: Escrow. Hostarys will deposit with [notary / escrow agent] the materials needed to fulfil the commitment in 24.1, with instructions to release them if Hostarys does not.]

25. Export and sanctions

25.1. You represent that you are not a person or entity listed on sanctions lists of the European Union, the United Nations, Spain or, to the extent applicable, the United States or the United Kingdom, nor controlled by one, and that you will not use the Software in countries, territories or for purposes subject to embargoes or restrictions that prohibit it.

25.2. You must not export, re-export or transfer the Software, directly or indirectly, to destinations, persons or uses prohibited by applicable export control and restrictive-measures law, including that of the European Union (for example, Regulations (EU) 833/2014 and 2021/821).

25.3. Hostarys may refuse to sell, or suspend a License, where necessary to comply with such law. If the suspension is not due to a breach on your part, clause 23.5 will apply to the extent permitted by law.

26. Changes to this agreement

26.1. Hostarys may publish new versions of this agreement. The version applicable to your License is the one you accepted when buying. New versions will apply to new purchases and, if you accept them, to renewals of the Updates Period and to the Software versions you obtain with them.

26.2. Changes will never reduce, without your consent, the rights you already have over your Covered Versions.

26.3. If Hostarys modifies the Software during your Updates Period in a way that negatively and more than minorly affects your access or use, and you are a Consumer, it will inform you reasonably in advance on a durable medium, and you will be entitled to terminate the contract or keep using the previous version, under articles 126 and 126 bis TRLGDCU.

27. Notices

Notices under this agreement will be sent by email to your account address and, for Hostarys, to [CONTACT EMAIL], or by post to [ADDRESS]. You must keep your email address up to date.

28. Governing law, jurisdiction and dispute resolution

28.1. Governing law. This agreement is governed by Spanish law. If you are a Consumer residing in another country, this choice does not deprive you of the protection of the mandatory rules of your country of habitual residence that would apply absent a choice of law (article 6 of Regulation (EU) 593/2008, "Rome I", or the equivalent rule of your country).

28.2. Consumers in the European Union. You may sue Hostarys before the courts of your domicile or those of Spain. Hostarys may only sue you before the courts of your domicile (articles 17 to 19 of Regulation (EU) 1215/2012, "Brussels I bis").

28.3. Consumers outside the European Union. The jurisdiction rules that protect you under the law of your country apply; otherwise, the courts of your domicile or of Spain, at your choice, have jurisdiction.

28.4. Business Customers. The parties submit to the courts of [CITY OF HOSTARYS' DOMICILE], Spain, waiving any other forum, unless mandatory law provides otherwise. [OPTIONAL for Business Customers outside the EU: institutional arbitration in [Madrid] under the rules of [ARBITRATION COURT], in Spanish.]

28.5. Before going to court. Please write to us first at [CONTACT EMAIL] to try to solve the problem; we answer complaints within 15 days at most. If you are a Consumer, you may also go to the consumer arbitration boards (juntas arbitrales de consumo) or another accredited alternative dispute resolution entity, if Hostarys has joined it or agrees to take part (see the Terms of Sale). The European Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025.

29. General provisions

29.1. Entire agreement. This agreement, the Terms of Sale, the pre-contractual information on kumoyami.com and your purchase confirmation form the entire agreement between the parties on the Software.

29.2. Severability. If a clause is void or unenforceable, the rest remains in force and the affected clause will be replaced by the applicable legal rule or, between Business Customers, by the closest valid clause.

29.3. No waiver. A party's failure to enforce a right at a given time is not a waiver of it.

29.4. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control that could not have been foreseen or avoided. This does not affect the commitment in clause 7.3 or Consumers' statutory rights.

29.5. Language. This agreement is concluded in Spanish. If there are differences with a translation, the Spanish version prevails, unless the law applicable to a Consumer provides otherwise or the interpretation most favourable to the Consumer must prevail.

29.6. Records. Hostarys keeps a copy of the concluded agreement and of the boxes you ticked, and will provide it to you on request.

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Annex I — Data the Software sends to the License Server

Not sent: Your Content, file names or listings, storage or other Third-Party Service credentials, visitors' data or IPs, statistics or passwords.

Retention period: [while the License is active and afterwards for [X] months for fraud prevention; logs with IP addresses for at most [X] months]. License Server location: [PROVIDER AND COUNTRY/REGION]. More information in the Privacy Policy.

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Annex II — Data processing terms for support with access

These terms apply only when, to provide support, you give us access to your Installation or send us information containing personal data for which you are the controller (article 28 of Regulation (EU) 2016/679, "GDPR").

1. Subject matter and duration. Hostarys will process such data only to provide the support you request and for as long as needed.
2. Nature and purpose. Consultation, diagnosis and, if you authorize it, configuration changes, to resolve the issue.
3. Types of data and data subjects. Those contained in the information or system you give access to (for example, identification and contact data, IP addresses and usage data of your visitors or users).
4. Instructions. Hostarys will process the data on your documented instructions (the support request itself counts as an instruction) and will not use it for its own purposes.
5. Confidentiality. Only Hostarys staff who need it will have access, bound by confidentiality.
6. Security. Hostarys will apply appropriate technical and organizational measures (article 32 GDPR), such as encrypted access, individual accounts and deletion of data when finished.
7. Sub-processors. Hostarys will not engage other processors for this processing without your prior authorization, except for the communication and support tools listed at [URL / LIST], to which you may object.
8. Assistance. Hostarys will help you, as far as possible, to respond to data subjects' rights and comply with articles 32 to 36 GDPR.
9. Personal data breaches. Hostarys will notify you without undue delay of any security breach affecting such data.
10. End of processing. When support ends, Hostarys will delete the data and copies, unless legally required to keep them.
11. Audit. Hostarys will make available to you the information necessary to demonstrate compliance with these terms.
12. International transfers. Hostarys will not transfer such data outside the European Economic Area without appropriate safeguards under the GDPR.