Terms and Conditions for Use of the Appointment Booking System

1. Introduction

These Terms and Conditions ("Agreement") govern the use of the appointment booking system software ("Software") provided by Remote (DOT) Pvt Ltd ("Provider") to Sri Lankan Embassy Berlin ("Recipient"). By accepting the Software, Recipient agrees to be bound by this Agreement.

Effective Date: 01/08/2025

2. Contact Information

3. Grant of License

• Provider hereby grants Recipient a non-exclusive, non-transferable, revocable license to use the compiled Software solely for managing appointment bookings on Recipient's own server.
• Recipient may not copy, modify, distribute, sublicense, or reverse engineer the Software or any part thereof.
• The license is limited to the compiled version of the Software provided; the Provider does not grant access to the source code.

4. Intellectual Property Rights

• All intellectual property rights, including copyrights, trademarks, and trade secrets, in the Software and all related materials remain the sole property of Remote (DOT) Pvt Ltd.
• Recipient agrees to retain Provider's branding and footer note in the application as delivered, which states the Software was provided free of charge by Remote (DOT) Pvt Ltd.

5. Delivery and Deployment

• Provider will deliver the compiled Software and related deployment instructions.

6. Data Protection and Privacy

• Both parties acknowledge that the Software may process personal data and agree to comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.
• Recipient is responsible for ensuring proper data protection measures are implemented when using the Software, including obtaining necessary consents from data subjects.
• Provider does not have access to personal data processed through the Software once deployed on Recipient's servers.
• Recipient must implement appropriate technical and organizational measures to ensure data security and must notify Provider of any data breaches within 72 hours.

7. Warranty Disclaimer

• The Software is provided “as is” and without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Provider does not guarantee that the Software will be error-free or uninterrupted.

8. Limitation of Liability

• Under no circumstances shall Remote (DOT) Pvt Ltd be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the Software.
• Provider's total liability under this Agreement shall not exceed any fees paid by Recipient for the Software, which in this case is zero as the Software is provided free of charge.

9. Support and Maintenance

• Provider will offer a limited support period of 14 days after delivery or after formal notice of termination to assist with deployment questions or minor fixes.
• After the initial support period, the system will be considered legacy software. The Provider will not be obligated to provide any further technical support, maintenance, or address any issues that may arise. The Recipient will have full ownership and control of their database and data, and may transition to any other system of their choice without Provider involvement.

10. Confidentiality

• Both parties agree to keep confidential any sensitive information exchanged during the course of this Agreement and not disclose it to third parties without prior written consent.

11. Termination

• Either party may terminate this Agreement with written notice.
• Upon termination, Recipient must cease use of the Software and remove it from their servers.
• Termination does not affect any accrued rights or liabilities.

12. Footer Credit and Branding

• Recipient agrees to retain Remote (DOT) Pvt Ltd's company logo and the footer text stating the Software was provided free of charge by Remote (DOT) Pvt Ltd.
• Removal or alteration of this branding without Provider's written consent is prohibited.

13. Force Majeure

• Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or network failures.
• The affected party must promptly notify the other party of such circumstances and make reasonable efforts to mitigate the impact.
• If such circumstances continue for more than 30 days, either party may terminate this Agreement with written notice.

14. Indemnification

• Recipient agrees to indemnify and hold harmless Provider from any claims, damages, or expenses arising from Recipient's use of the Software, including but not limited to data protection violations or misuse of the Software.
• Provider agrees to indemnify Recipient against claims that the Software infringes third-party intellectual property rights, provided Recipient promptly notifies Provider of such claims.

15. Governing Law and Jurisdiction

• This Agreement shall be governed by and construed in accordance with the laws of Germany.
• Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Germany.

16. Miscellaneous

• This Agreement constitutes the entire understanding between the parties regarding the Software and supersedes all prior agreements.
• Any amendments must be made in writing and signed by both parties.
• If any provision of this Agreement is found to be unenforceable, the remainder shall remain in full force and effect.