Desice — Terms of Service, End User License Agreement (EULA) & Data Use License Agreement (DULA)

1. Terms of Service

Welcome to Desice. These Terms of Service ("Terms") govern your access to and use of the Desice product and related services (the "Service"). By creating an account, accessing, or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

1.1 Definitions

• Company: Rupert Brandstätter
• Product: Desice
• User: any person or entity using the Service
• User Data: data, content, experiments, results, uploads, or other materials you submit to the Service

1.2 Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into binding contracts. When registering, you agree to provide accurate information and to keep your account credentials secure. You are responsible for all activity under your account.

1.3 Acceptable Use

You may not use the Service for unlawful purposes, to infringe third-party rights, to transmit malware, or to interfere with the operation or security of the Service.

1.4 Subscriptions, Billing and Refunds

Desice may offer free and paid plans. Paid plans are billed in advance and renew automatically unless cancelled. Refunds are handled in accordance with applicable EU consumer protection law.

1.5 Intellectual Property

The Service, including all software, code, interfaces, documentation and Desice branding, is the property of Rupert Brandstätter or its licensors. Nothing in these Terms transfers ownership of Desice intellectual property to you.

1.6 Termination

Either party may terminate access for breach of these Terms. Upon termination your access will cease and Desice may delete or anonymize your User Data in accordance with the DULA.

1.7 Governing Law

These Terms are governed by the laws of Austria. The courts of Salzburg have exclusive jurisdiction unless mandatory law provides otherwise.

2. End User License Agreement (EULA)

2.1 Grant of License

Subject to these Terms, Rupert Brandstätter grants you a limited, non-exclusive, non-transferable, revocable license to access and use Desice for your internal business or research purposes.

2.2 Restrictions

You may not: (a) copy, modify, adapt, translate, or create derivative works of the Service; (b) reverse engineer, decompile or disassemble the Service; (c) sell, sublicense, rent or lease access to the Service; (d) remove proprietary notices; or (e) bypass or disable technical or security protections.

2.3 Updates

Desice may provide updates that you must accept to continue using the Service. Updates are licensed under these Terms unless otherwise stated.

2.4 Termination of License

The license terminates automatically upon breach of these Terms. Upon termination you must stop using the Service and delete local copies of any Desice software or components.

3. Data Use License Agreement (DULA)

3.1 Scope & Roles

For the purposes of the EU General Data Protection Regulation (GDPR):

• When Desice processes personal data on behalf of a user, the user is the Data Controller and Desice acts as a Data Processor.
• Processing of User Data will be governed by a separate Data Processing Agreement (DPA) or the provisions in this section where applicable.

3.2 User Data Ownership

You retain ownership of your User Data. By submitting User Data to the Service you grant Desice a limited license to host, store, backup, and process the data for the purpose of providing, maintaining, and improving the Service.

3.3 Legal Basis and Lawful Processing

You warrant that you have the legal basis to provide any personal data to Desice and to permit the processing described. Desice will only process personal data on documented instructions from you unless required to do otherwise by Union or Member State law.

3.4 Security Measures

Desice shall implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and accidental loss, destruction, or damage, taking into account the state of the art and implementation costs.

3.5 Sub-processors

Desice may engage sub-processors to perform processing activities. Desice will ensure that any sub-processor is bound by obligations at least as protective as those in this DULA and will remain liable for the sub-processor's performance of its obligations.

3.6 International Transfers

User Data may be transferred or stored outside the European Economic Area (EEA). Any such transfers will comply with Chapter V of the GDPR and will be subject to appropriate safeguards such as Standard Contractual Clauses or other lawful transfer mechanisms.

3.7 Data Subject Rights

Desice will assist you, to the extent reasonably possible, in responding to requests from data subjects exercising their rights under the GDPR (access, rectification, erasure, restriction, portability, objection).

3.8 Retention and Deletion

Upon termination of your account, Desice will delete or anonymize your User Data within a reasonable period (by default within 90 days) unless retention is required by law or agreed otherwise in writing.

3.9 Breach Notification

Desice will notify you without undue delay after becoming aware of a personal data breach affecting your User Data and will provide reasonable information to enable you to meet any obligations to notify supervisory authorities or data subjects.

4. Privacy & GDPR

Desice's Privacy Policy describes in detail how personal data is collected, used, and protected. The Privacy Policy is part of these Terms and is available at Privacy (or as provided by Desice). Desice processes personal data in accordance with the GDPR (Regulation (EU) 2016/679) and applicable Austrian law.

4.1 Data Processing Agreement (DPA)

Where Desice acts as a processor, a DPA will govern the processing activities and obligations under Article 28 GDPR. You may request a copy of the standard DPA by contacting info@desice.io.

5. Contact

For questions about these Terms, the EULA, the DULA, privacy, or data protection matters, contact: