Advancis Open Platform Agreement.
Terms and Conditions.
Status 1.1 / 2026
1. Parties and Conclusion
1.1 The Advancis Open Platform Agreement under these Terms and Conditions
(“Agreement”) is between Advancis Software & Services GmbH, Monzastr. 3, 63225 Langen,
Germany (“Advancis”) and the entity (“Developer”) that registers for access to t
1.2 The Agreement is concluded when the Developer completes registration, Advancis
verifies the Developer's registration and grants access to the AOP Portal, and the Developer
consents to these Terms and Conditions in the AOP Portal. The person completing registration
represents that they have authority to bind the Developer. Furthermore, they become part of a
contract if they have been incorporated by reference.
1.3 Access to and use of the AOP Portal and its content is intended exclusively for
businesses and not for consumers. By accepting the terms, the Developer represents that it is
a business.
1.4 Advancis may update these Terms and Conditions from time to time. Advancis will
provide notice via the AOP Portal or email at least thirty (30) days before material changes
take effect, unless earlier changes are required by law or to address urgent security issues.
Continued access to or use of the Development Tools after the effective date of an update
constitutes acceptance of the updated Terms and Conditions and results in the updated terms
applying to the Agreement. Access to the AOP Portal displaying the updated Terms and
Conditions and the Developer’s acceptance thereof results in the updated terms applying to
the Agreement.
2. Subject Matter
2.1 Advancis is the developer and owner of modular software platforms for physical security
information management (“PSIM”) that combine various security, building and communication
technology systems of different manufacturers, enabling the use and control of connected
systems via a central user interface, in particular the applications WinGuard and AIM
(“Advancis Software”).
2.2 The Advancis Open Platform (“AOP”) is a modular software foundation designed to
support scalable, customizable solutions through open, service-based architecture. It provides
a component-based architecture with coupled services and open API for seamless integration
of third-party software and extensions, enabling interoperability with Advancis Software.
2.3 For the purpose of the Agreement, “Developer” can be, for example, a contractor,
software publisher, service provider, system integrator, (value added) reseller, original
equipment manufacturer, or end user, that develops software, hardware and related services
for its own use or for use by third parties.
2.4 With the Agreement, Advancis grants the Developer access to the Advancis Open
Platform Portal (“AOP Portal“) and the Development Tools available there, which the
Developer can use to evaluate, develop and deploy its own Developments that connect to and
interoperate with Advancis Software.
2.5 Licensing of Advancis Software and any third-party products that connect to Advancis Software
falls outside the scope of the Agreement. Any connection of a Development to Advancis Software
being used by an end user may require activation and the granting of a separate license by Advancis.
3. Development Tools
3.1 The Agreement governs the Developer’s access to and use of Advancis’ Development
Tools, for example application programming interfaces (“API”), software development kits
(“SDK”), computer programs, libraries, sample code, specifications, documentation, release
notes, data and other information, that are made accessible by Advancis on the AOP Portal or
otherwise (“Development Tools”).
3.2 Advancis and its licensors retain all rights, title, and interest in and to the Development
Tools, and all related intellectual property. Except for the limited rights expressly granted in the
Agreement, no rights are granted or implied.
3.3 Advancis may update, limit, suspend, remove, discontinue or otherwise change
Development Tools at any time and at its sole discretion. Advancis shall use best efforts to
provide notice to Developer of such changes. However, the Developer shall be responsible to
monitor such changes on the AOP Portal, and to modify its Developments, if necessary.
3.4 Upon conclusion and during the term of the Agreement, the Developer is granted a
limited, non-exclusive, non-transferable, revocable right (1) to evaluate and to use the
Development Tools to develop its own Developments (as defined in Section 4.1); and (2) to
use, license, deploy, and distribute these Developments.
3.5 The Development Tools and any advice or assistance provided by Advancis in
connection with the Development Tools are provided “as is,” “as available,” and with all errors,
material defects and defects of title. Advancis disclaims all warranties, whether express,
implied, or statutory, including implied warranties of merchantability, satisfactory quality, fitness
for a particular purpose, and non-infringement. Advancis does not warrant that the
Development Tools will be uninterrupted, secure, or error-free, or that defects will be corrected.
The Developer uses the Development Tools at its own responsibility and risk.
3.6 The Developer may use the Development Tools only to build interoperable
Developments for use with Advancis Software. The Developer may not (1) copy, adapt,
translate, or create derivative works of the Development Tools; (2) sell, rent, sublicense, or
make the Development Tools available to third parties; (3) circumvent authentication, access
controls or rights management; and (4) interfere with the security, performance, or operation
of the Development Tools and Advancis Software. The Developer may not reverse engineer
or decompile any part of the Development Tools except to the limited extent such restriction is
prohibited by applicable law.
4. Developments by Developer
4.1 “Developments” are extensions, software, hardware, data, services, adapters,
integrations, processes, and features that are connected to and interoperate with Advancis
Software, and that are developed by the Developer or by third parties on the Developer’s behalf.
4.2 The Developer may use the Development Tools for its own Developments and to
develop or use and under the conditions set out in clause 5 license, deploy, and distribute
these Developments at its sole discretion to third parties (for example system integrators,
(value added) resellers, original equipment manufacturers, or end users), stand-alone or as
integrated components of the Developer’s own or of third-party products and services. The
Developer acknowledges that any connection of a Development to Advancis Software being
used by an end user may require activation and the granting of a separate license by Advancis
to that end user and may be subject to a license fee to be paid to Advancis.
4.3 The Developer retains all rights, title, and interest in and to its Developments, including
all intellectual property therein, subject to the restrictions in the Agreement and any applicable
third-party license terms.
4.4 The Developer is solely responsible for the development, security, maintenance,
support and operation of its Developments. The Developer shall adhere to applicable law,
recognized security standards and software development best practices. The Developer shall
ensure that its Developments do not contain malicious code and do not pose undue risks to
the confidentiality, integrity or availability of the AOP, AOP Portal, Development Tools and
Advancis Software or customer systems.
4.5 The Developer is responsible for complying with applicable laws, including privacy and
data protection obligations where personal data is processed, and for honoring third-party
license terms embedded in the Developments.
4.6 If the Developer becomes aware of a material security incident related to its
Developments or its use of the Development Tools, it shall promptly notify Advancis and
cooperate in remediation.
4.7 The Developer must ensure that the Developments do not recreate or unreasonably
substitute core functionality of the AOP, the AOP Portal, the Development Tools, or Advancis
Software, nor develop features that are substantially comparable to or directly competitive with
the AOP, the AOP Portal, the Development Tools, Advancis Software, or other Advancis
products or services.
4.8 Advancis will not be precluded from developing, using, licensing, deploying or
distributing products or services that are comparable or competitive with the Development or
other products and services provided by Developer.
4.9 Any use of a Development by a third party is governed by the arrangements between
the Developer and that third party. No contractual relationship is concluded between the third
party and Advancis.
4.10 Developer is responsible for monitoring changes to the Development Tools and must
develop, update, or modify the Development at its sole cost and expense to ensure it remains
compatible and functions with the current version of the Development Tools and the Advancis
Software. The Developer acknowledges and agrees that the failure to make such modifications
may result in the Development failing to work or operate as designed.
5. AOP License Plan
5.1 Advancis may, in its sole discretion, provide a comprehensive license plan with defined
license models for (1) using the Development Tools for Developments; and (2) for licensing,
deploying or distributing the Developments to third parties (“License Models”)..
5.2 License Models may (1) relate to specific projects, use cases, implementations, and
end users; (2) provide a limited or unlimited number of such projects; (3) regulate the
distribution on channels, online platforms and marketplaces. Furthermore, License Models
may define pricing structures and payment of license fees.
5.3 License Models may impose certain requirements on Developments and Developers
and may only be available if these requirements are met. These requirements may relate, for
example, (1) to the quality, functionality, intended use, and assessment of the Developments;
or (2) to the qualification, market segment, portfolio, and scope of business activities of the
Developer.
5.4 License Models may require an activation of the Development and connected Advancis
Software and a separate agreement on the use of Advancis Software between Advancis and
the end user.
5.5 Advancis may describe the available License Models and the applicable requirements
and fees in specific documentation, made available to the Developer via the login area of the
AOP Portal (the "price list"). The version of the price list in effect at the time of the relevant
Assessment, Reassessment, publication on the AOP Hub, or invoicing is decisive. Licenses
are granted when Advancis prepares a specific offer under the terms of the Agreement, and
the Developer accepts it.
5.6 Advancis may update the price list from time to time. Advancis will provide notice via
the AOP Portal or email at least thirty (30) days before a change to the price list that increases
fees or materially reduces the Developer's rights takes effect, unless earlier changes are
required by law or to address urgent security issues. All other changes to the price list take
effect upon publication in the login area of the AOP Portal. Continued use of the Development
Tools, continued participation in the AOP Developer Program, or continued publication of a
Development on the AOP Hub after the effective date of a change constitutes acceptance of
the updated price list.
6. Assessment of Developments
6.1 Advancis may offer the Developer an assessment of its Developments ("Assessment").
Certain License Models may require the Developer to have the relevant Development
assessed as a precondition for that License Model.
6.2 The Assessment is based on information, materials and self-declarations that the
Developer voluntarily provides to Advancis in response to a structured questionnaire, including
without limitation information on the Developer's organization, quality, security and data
protection standards, and the functional scope, use cases and references of the Development
("Scorecard"). Advancis may use AI-supported tools to assist the Developer in completing the
questionnaire. The Assessment may further include a live review of selected use cases and
functionalities by Advancis. The content of the Scorecard remains the Developer's own
information; Advancis does not verify, audit or otherwise confirm its accuracy or completeness.
- 6.3 Advancis decides, in its reasonable discretion, whether a Development passes the
- Assessment. A passed Assessment is confirmed to the Developer and reflected in the
- Scorecard. Advancis may publish the Scorecard, in whole or in part, on the AOP Hub or
- otherwise, provided that the Developer has consented thereto pursuant to Section 6.2. The
- Assessment and the Scorecard do not constitute any warranty by Advancis regarding the
- quality, suitability, security or fitness for a particular purpose of the Development, nor regarding
- the accuracy or completeness of the information contained in the Scorecard. Advancis may
- withhold, suspend, downgrade or revoke a passed Assessment, or remove the corresponding
- Scorecard, for cause, including material defects, security concerns, incorrect information
- provided by the Developer, or interoperability failures.
- 6.4 The Development is subject to a reassessment ("Reassessment") in accordance with
- the reassessment cycle applicable to the relevant License Model and, in any event, upon a
- change of the License Model applicable to the Development. Section 4.10 applies accordingly
- where a Reassessment is triggered by changes to the Development Tools.
6.5 The applicable fees, program tiers and Reassessment cycles per License Model are
set out in the price list or in the AOP Hub referred to in Section 5.5.
7. AOP Hub
7.1 Advancis operates the AOP Hub, a platform for the registration, re-/assessment and
publication of Developments, currently available at aop.net.
7.2 Every Development is registered in the AOP Hub, irrespective of the License Model
applicable to it.
7.3 Advancis may publish a registered Development, including its Scorecard and the
statistics referred to in Section 7.4, provided that the Development has passed the Assessment
applicable to the relevant License Model. Whether and under which License Model a
Development is published on the AOP Hub is set out in the price list referred to in Section 5.5.
Section 17.2 applies to any such publication.
7.4 Advancis may publish, in aggregated form, statistics relating to a registered
Development, including without limitation the number and geographic distribution of
deployments, the sectors in which the Development is used, and the size of the largest
deployment.
7.5 Advancis may suspend or remove the publication of a Development, or its registration
in the AOP Hub, for cause, including material defects, security concerns, a failed
Reassessment, the Developer's breach of the Agreement, or the Developer's failure to fulfil its
obligations under Section 8.
8. AOP Hub Commission
8.1 Where set out in the applicable License Model, the Developer shall pay Advancis a
commission calculated on the Hub Commission Basis ("Hub Commission"). The Hub
Commission attaches to the Development and is owed irrespective of whether the
Development is published on the AOP Hub at the time the relevant amount is collected, and
irrespective of how the customer relationship with the Developer was established.
8.2 The Hub Commission is calculated on the license, subscription, activation and recurring
software fees, including software maintenance fees, that the Developer determines for the
Development ("Hub Commission Basis"). For the avoidance of doubt, the Hub Commission
Basis does not include the value of any hardware, third-party products, or services that the
Developer bundles with, or sells alongside, the Development, even where these form part of
the Development within the meaning of Section 4.1. The Developer shall determine such fees
in good faith and in accordance with the commercial value of the Development, and shall
disclose them to Advancis separately from any other charges. Where such fees are combined
with other charges in a single price that cannot be clearly separated, an amount reasonably
attributable to the Hub Commission Basis, determined pro rata to the Developer's usual pricing
practice, forms part of the Hub Commission Basis.
8.3 The AOP Developer Program is based on mutual trust and transparency. Any
intentional structuring or classification of fees for the purpose of reducing or avoiding the Hub
Commission constitutes a material breach of the Agreement.
8.4 The applicable Hub Commission rate is set out in the price list referred to in Section 5.5
and may vary depending on the Developer's program tier and the applicable License Model.
8.5 The Hub Commission is exclusive of taxes, levies and duties, which are the
responsibility of the Developer.
8.6 The Developer shall report each charge within the meaning of Section 8.2 to Advancis
via the AOP Portal immediately upon invoicing the relevant Channel Partner or end user.
Advancis shall invoice the Hub Commission on the basis of these reports. Advancis may, at
its own discretion, consolidate such invoices on a quarterly or annual basis.
8.7 Advancis may request reasonable supporting documentation for a report submitted
under Section 8.6.
8.8 Section 4.9 remains unaffected. The Hub Commission is owed by the Developer to
Advancis irrespective of the commercial terms agreed between the Developer and the Channel
Partner or end user, and its payment does not establish any contractual relationship between
Advancis and that Channel Partner or end user.
9. Fees
9.1 Advancis reserves the right to charge standard or individual fees for use and licensing
of the AOP, AOP Portal, Development Tools, Advancis Software and other products and
services. Any fees must be agreed to by Advancis and the Developer in written form or text
form.
9.2 All fees are exclusive of taxes, levies and duties, which are the responsibility of the
Developer. Fees are non-refundable except where mandatory law provides otherwise.
10. Confidentiality Obligation
10.1 In the context of the Agreement, AOP, AOP Portal and Development Tools, Advancis
and the Developer will exchange Confidential Information. In addition, the Parties may gain
access to or knowledge of Confidential Information in other ways.
10.2 Confidential Information is – regardless of its designation as confidential – all verbal,
written and online information or that on a data carrier, that is made accessible or otherwise
becomes known to the other Party, especially all financial, technical, economic, legal, tax-
related, business and product information or that relating to the employees and management.
Confidential Information also includes the Development Tools, API, SDK, computer programs,
libraries, sample code, specifications, documentation and release notes. The Parties
acknowledge that this Confidential Information is not yet known or readily accessible, either in
its entirety or in its details, and is of economic value and will be protected by appropriate
confidentiality measures. There is a legitimate interest in its confidentiality. To the extent that
Confidential Information does not meet the requirements of a trade secret within the meaning
of the German Trade Secrets Act, such information is nevertheless protected by this confidentiality obligation.
10.3 The Parties undertake (1) to handle the Confidential Information of the other Party with
strict confidentiality, (2) to not pass it on or make it accessible to third parties, (3) to not publish
it, and (4) to not otherwise exploit it. In addition, the Parties undertake to take suitable
precautions for the protection of the Confidential Information of the other Party, and at least
the same precautions as they take to protect their own Confidential Information.
10.4 The Parties undertake to inform the other Party immediately if (1) they become aware
that, in breach of this confidentiality obligation, Confidential Information has been passed on,
made accessible, published or exploited, or (2) they are requested or required to disclose
Confidential Information by a court or the authorities.
10.5 Confidential Information of the other Party may be passed on or made accessible to
third parties only with this Party’s prior consent in written form or text form, and on the basis of
a written non-disclosure obligation corresponding to this confidentiality obligation. The Parties
agree that Confidential Information, disclosed by an affiliate to a Party, by a Party to an affiliate
or between affiliates will be governed by this confidentiality obligation. The Parties shall ensure
that such affiliates comply with this confidentiality obligation. The Parties shall be responsible
for the acts and omissions of their affiliates.
10.6 On the part of Advancis are also in particular no third parties: Advancis Holding GmbH,
affiliated companies/distributors and franchisees of Advancis Software & Services GmbH, as
well as persons and companies that create computer programs on behalf of an Advancis
company. Advisors of one Party (such as financial advisors, legal consultants), who are
obligated contractually or professionally to confidentiality, are also not third parties within the
meaning of this confidentiality obligation.
10.7 The Parties undertake to make the Confidential Information accessible only to those
organs, employees, representatives, vicarious agents and subcontractors whose knowledge
of the Confidential Information is essential within the context of the collaboration, and to impose
upon these an obligation to confidentiality corresponding to this confidentiality obligation,
unless these persons are already obligated to confidentiality vis-à-vis the respective Parties
through a written non-disclosure declaration. The Parties warrant that these persons recognize
and comply with this confidentiality obligation.
10.8 The duty to handle the Confidential Information confidentially shall not apply to such
information, for which the other Party can demonstrate, that it (1) was known to it before the
point at which the information was disclosed to it, (2) was made accessible to it before or after
the point at which the information was disclosed to it, by an authorized third party for the
purposes of free use and without the obligation of secrecy, (3) was publicly known or generally
accessible before the point at which the information was disclosed to it, or (4) became publicly
known or generally accessible at or after the point at which the information was disclosed to it,
without breach of this confidentiality obligation (5) or was published by Advancis with the
Developer's consent as part of an Assessment, Scorecard, or AOP Hub listing pursuant to
Section 6.
10.9 The Parties must at any time, but at the latest after termination of the Agreement,
immediately return or destroy all written and/or otherwise recorded Confidential Information
received from the other Party, including all copies made, upon written request by the other
Party. The complete return or destruction of all Confidential Information must be confirmed in
writing to the other Party. The Parties bear their own costs thus incurred.
10.10 Disclosing or making Confidential Information available does not constitute the transfer
of rights of use or rights of prior use.
10.11 For each individual violation of the Developer against this confidentiality obligation,
Advancis is entitled to a reasonable contractual penalty, which shall be determined by
Advancis and may be assessed in terms of appropriateness by the responsible court. The
principles of continued offence are excluded. With the payment of the contractual penalty, the
assertion of claims to injunctive relief or further compensation with appropriate evidence is not
excluded. The contractual penalty will be offset against any possible compensation for
damages.
11. Data Protection
11.1 The Parties shall comply with the applicable data protection regulations. Advancis‘
privacy policy is available at the AOP Portal. Insofar as the use of the AOP, AOP Portal or
Development Tools in accordance with data protection regulations and the Agreement require
certain declarations, agreements, or measures, the Parties shall undertake these.
11.2 To the extent the Developer processes personal data in or through its Developments,
the Developer acts as an independent controller or processor in relation to its customers and
remains solely responsible for compliance with applicable data protection laws. The
Development Tools are not designed to host, store or persist customer personal data on behalf
of the Developer.
12. Limited Liability
12.1 Advancis shall be liable to the Developer without limitation in the event of (1) injury to
life, limb or health, (2) warranties, (3) intent and gross negligence and (4) under the Product
Liability Act.
12.2 In the event of negligence, Advancis' liability is limited to the typically foreseeable
damages without loss of profit. In case of slight negligence, Advancis’ liability is limited for all
damages in total to the fees being paid by Developer to Advancis under the Agreement, if any.
12.3 Insofar as Advancis' liability is excluded or limited, this shall also apply to the personal
liability of employees, representatives and vicarious agents.
13. Indemnification by Developer
13.1 Developer shall defend, indemnify, and hold harmless Advancis and its affiliates,
employees, representatives and vicarious agents, from and against third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of
or related to the Developments, the Developer’s use of the AOP, AOP Portal and Development
Tools, or the Developer’s breach of the Agreement. This indemnity includes claims alleging
infringement or misappropriation of intellectual property rights by a Development.
13.2 Advancis will provide prompt notice of any claim and reasonable cooperation at the
Developer’s expense.
13.3 The Developer may not settle a claim that imposes obligations on Advancis without
Advancis’s prior consent in written form or text form.
14. Term and Termination
14.1 The Agreement has an initial term of one (1) year and renews automatically for
successive one-year periods unless terminated with thirty (30) calendar days’ notice before
the end of the then-current term.
14.2 The right of the Parties to terminate without notice for good cause shall remain
unaffected. Advancis may have particularly the following good causes:
14.2.1 The Developer infringes material contractual obligations and does not cease such
breach within a reasonable time period set by Advancis.
14.2.2 The Developer infringes Advancis’ intellectual property rights and know-how.
14.2.3 The Developer breaches its confidentiality obligation as defined in Section 10.
14.2.4 The Developer is insolvent, an application to open insolvency proceedings against its
assets or comparable proceedings was filed, or the opening of such proceedings is
rejected due to insufficiency of assets.
14.2.5 The majority of the Developer’s shares in the company or a part of the company which
is essential for the marketing and distribution of the Developments – as developed
with the Development Tools - shall be transferred to a competitor of Advancis.
14.3 Either Party may terminate the Agreement by giving notice in written form or text form
or through a termination mechanism in the AOP Portal, if available.
14.4 Upon termination or expiration of the Agreement, the Developer must cease all access
to the AOP Portal and use of the Development Tools.
14.5 Upon termination of the Agreement or of the Developer's participation in the AOP
Developer Program, the Developer's access to the AOP Hub, the publication of its
Developments, the Development Tools, and any related documentation, SDKs and APIs
ceases, subject to Section 14.6.
14.6 After termination of the Agreement,
14.6.1 The Developer may continue to use, license, deploy and distribute Developments that
were developed with the Development Tools before termination of the Agreement, to
the extent that such Developments do not require ongoing access to the Development
Tools;
14.6.2 The end user that deployed the Development before termination may continue to use
it as-is and in the originally authorized scope;
14.6.3 The right to continue use does not apply if (1) the Development impairs the integrity
and security of the AOP, AOP Portal, Advancis Software, or third-party systems; or
(2) the Agreement was terminated by Advancis because Developer infringed
Advancis’ intellectual property rights and know-how or breached its confidentiality
obligation;
14.6.4 In any event, Advancis does not warrant or commit to maintaining connectivity of the
Development to Advancis Software.
14.7 Provisions of the Agreement addressing confidentiality, data protection, indemnity,
disclaimers, limitation of liability, governing law, and survival remain in effect.
14.8 Advancis may immediately suspend or restrict use of and access to the AOP, AOP
Portal, Development Tools, the Development of the Developer and/or Advancis Software if, or
where it is reasonably likely that, such action is required for security reasons, to address
suspected misuse, or to prevent, investigate, or mitigate threats to the integrity to AOP,
Advancis Software, or third-party systems.
15. Export Controls and Sanctions
The Developer represents that it is not subject to sanctions and is not listed on any government
denied-party list. The Developer shall not access the AOP Portal or use the Development Tools
in violation of applicable export control or sanctions laws and shall not permit access by
sanctioned persons or in sanctioned territories.
16. Assignment and Subcontracting
16.1 Advancis may assign or transfer the Agreement and its contractual rights and
obligations to its affiliates and subsidiaries or in connection with a corporate transaction.
16.2 The Developer may not assign or transfer the Agreement and its contractual rights and
obligations without Advancis’s prior consent in written form or text form.
16.3 Advancis may use subcontractors and remains responsible for their performance.
17. Independent Parties and Feedback
17.1 The Parties are independent contractors. Nothing in the Agreement creates a
partnership, affiliation, joint venture or agency. No Party is authorized to make statements or
conduct legal transactions on behalf of the other Party. The Parties shall avoid any action that
may suggest otherwise.
17.2 Advancis may identify the Developer as an AOP participant and may use the
Developer’s name and logo in marketing materials and on the AOP Hub.
17.3 If the Developer provides feedback, suggestions or improvements about the AOP, AOP
Portal, Advancis Software or Development Tools, Advancis may use and exploit them for any
purpose, without restriction and without any obligation to the Developer.
18. Notices and Contact
Advancis may provide notices via the AOP Portal or email to the address associated with the
Developer’s account. The Developer is responsible for keeping its contact details current.
Notices to Advancis shall be submitted through the AOP Portal or to the contact details
provided therein.
19. Force Majeure
19.1 Neither Party shall be obligated to fulfill its obligations in the event of and for the
duration of force majeure. In particular, the following circumstances shall be considered as
force majeure: (1) Accidents, disasters, pandemics and catastrophes for which the Party is not
responsible, as well as war, blockades and embargoes, (2) labor disputes lasting more than
four (4) weeks, as well as (3) general malfunctions of telecommunications and the Internet.
19.2 Each Party must immediately notify the other in writing of the occurrence of a case of
force majeure.
20. Applicable Law and Place of Jurisdiction
20.1 The Agreement shall be governed by and construed in accordance with the laws of the
Federal Republic of Germany, excluding its conflict of law provisions and the United Nations
Convention on Contracts for the International Sale of Goods (CISG).
20.2 The place of jurisdiction for all legal disputes in connection with the Agreement is
Advancis' primary place of business. Advancis shall also be entitled to bring a legal dispute
before a different court of jurisdiction.
21. General Provisions
21.1 Advancis does not accept any general terms and conditions of Developer, regardless
of whether and how they are announced.
21.2 The Agreement and these Terms and Conditions may be amended or supplemented
only by declarations of both Parties in written form or text form.
21.3 If any provision of the Agreement and these Terms and Conditions is invalid or
unenforceable, the statutory provisions shall apply instead, and the Agreement and these
Terms and Conditions shall otherwise remain in effect.
Advancis - AOP Portal - Privacy Policy.
1. Introduction
1.1 The following privacy policy provides an overview of the collection and processing of
your personal data in connection with the Advancis Open Platform (“AOP”) and
Advancis Open Platform Portal (“AOP Portal”) and of your rights under data protection
law.
1.2 Handling personal data responsibly is of utmost importance to us and we do so as a
matter of course. Whenever we obtain, use or process personal data, we do so in
compliance with the applicable national and European data protection laws. Personal
data within the meaning of this policy is any information relating to an identified or
identifiable natural person.
2. Data Controller and Data Protection Officer
2.1 The data controller is:
Advancis Software & Services GmbH
3, rue de Monza
63225 Langen
Allemagne
2.2 You can reach our data protection officer at:
Data Protection Officer
Advancis Software & Services GmbH
3, rue de Monza
63225 Langen
Allemagne
E-mail: [email protected]
3. Source of Personal Data
We process personal data that we receive from you during registration, login and use
of the AOP Portal, or that is automatically transmitted to us during use. Registration
takes place by self‑registration.
4. Categories of Personal Data Processed
4.1 When you visit the AOP Portal, we collect data transmitted by your browser to enable
your visit to the website:
- your IP address, with the last segment truncated,
- the remote host (name of the computer that requests the page), if transmitted by
the network,
- date, time, status, and volume of data transmitted,
- the website from which you were referred to the requested website (referrer), if
transmitted by the browser,
- information about the browser product and version used (user-agent), if
transmitted by the browser,
- if your username should be transmitted by your network, it will not be stored by
us.
This data will not be merged with any other data sources. Collection of this data is
based on Art. 6 para. 1 sent. 1(f) General Data Protection Regulation (GDPR). The
website operator has a legitimate interest in the technically error-free presentation
and optimization of its website - for this purpose, server log files must be collected.
4.3 When registering for the AOP Portal, we collect and process the following personal
data:
- first name and surname,
- title and position,
- company,
- e-mail address,
- telephone number,
- country,
- password (stored in encrypted form).
This data is processed for authentication and authorization management for access
to the AOP Portal. The processing is based on Art. 6 para. 1 sent. 1(b) GDPR for the
fulfilment of contractual obligations.
5. Use of Cookies
5.1 We only use cookies, which are required for technical reasons. We use the following
types of cookies:
- transient cookies, which are stored only for the duration of your session in the
AOP Portal, are necessary to identify your session and ensure error-free use of
the AOP Portal and are deleted after the browser is closed,
- persistent cookies, which are stored on your device for a predefined period,
enable us to store information about your prior use of the AOP Portal and are
automatically deleted after their specified duration has expired.
5.2 Processing is based on Art. 6 para. 1 sent. 1(f) GDPR (legitimate interests), as we
have a legitimate interest in providing and operating the AOP Portal. Consent for the
use cookies, which are required for technical reasons, is not required pursuant to § 25
para. 2 Telecommunications-Digital Services-Data Protection Act
(“Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz“).
6. Transfer to Third Countries
6.1 Personal data is only transferred to countries outside the European Union (EU) or the
European Economic Area (EEA) if the requirements of Art. 44 et seq. GDPR are met.
A third country means a country outside the EU or the EEA in which the GDPR is not
directly applicable.
6.2 The EU Commission has adopted adequacy decisions under Art. 45 para. 1 GDPR
for the United States, the United Kingdom, and other third countries. Any transfer of
personal data to one of these countries is based on the adequacy decision in force at
the time of the transfer.
6.3 We only transfer your personal data to third countries if either:
- the recipient provides appropriate safeguards pursuant to Art. 46 GDPR for the
protection of personal data - for example, the conclusion of standard contractual
clauses between us and the recipient (Art. 46 para. 2(c) GDPR) or binding
corporate rules approved by the competent data protection authority (Art. 46
para. 2(b) GDPR). In this way, the recipient assures that it will adequately protect
the data and thus ensure a level of protection comparable to the GDPR,
- one of the exceptions listed in Art. 49 GDPR applies - for example, your express
consent (Art. 49 para. 1(a) GDPR) - , or
- if the transfer is necessary for the performance of contractual obligations between
you and us (Art. 49 para. 1(b) GDPR).
7. Contact Form
7.1 If you contact us by e-mail or via the contact form, your e-mail address and, if you
provide this information, your name, company, address, country and telephone
number will be stored by us in order to answer your questions.
7.2 We collect, process, and use the data for the purposes of contract initiation and
execution and to protect our legitimate business interests with regard to advising and
supporting our customers and interested parties as well as designing products to meet
their needs. If your contact directly concerns one of our international sales partners,
we will forward it for processing.
7.3 We use your data (company, name, e-mail address, telephone number, country,
product interest) to occasionally send you information about our products by post. You
will only receive advertising by telephone or e-mail if you have given us your express
consent to do so.
7.4 Processing of your personal data in connection with the contact form is based on
consent in accordance with Art. 6 para. 1 sent. 1(a) GDPR.
8. Newsletter Delivery
8.1 We use the double opt-in procedure to register for our newsletter. This means that
after you have provided us with your e-mail address, we will send you a confirmation
e-mail to the e-mail address you provided in which we ask you to confirm that you
wish to receive the newsletter. The processing of your personal data in connection
with the newsletter is based on Art. 6 para. 1 sent. 1(a) GDPR.
8.2 You may revoke your consent to receive the newsletter at any time. You can revoke
your consent by clicking on the link provided in every newsletter e-mail, by sending
an e-mail to: Data Protection Officer, Advancis Software & Services GmbH,
Monzastraße 3, 63225 Langen, Germany, e-mail: [email protected].
9. Purposes for Processing Personal Data and Legal Bases for Processing
We process your personal data in compliance with the applicable national and
European legal data protection requirements. In this respect, the processing is lawful
if at least one of the following conditions is met:
9.1 Consent (Art. 6 para. 1 sent. 1(a) GDPR)
If you have consented to the processing of your personal data for certain purposes
(e.g. use of data for marketing purposes, cookie use, newsletter, contact form), then
this processing is lawful on the basis of your consent. Consent given may be revoked
at any time with future effect.
9.2 To fulfil contractual obligations or precontractual measures (Art. 6 para. 1 sent. 1(b)
GDPR) We process data to comply with our contractual obligations as the operator of the
AOP Portal and to take steps prior to entering into a contract. The purposes of the
data processing arise primarily from the business relationship. The processing of data
takes place in particular for the following purposes:
- providing and operating the AOP portal,
- user management,
- licensing and license management,
- development management,
- support and maintenance services,
- error analysis and troubleshooting,
- communication with users,
- performance optimization,
- ensuring IT and data security,
- billing and payment processing.
9.3 Due to legal requirements (Art. 6 para. 1 sent. 1(c) GDPR) Advancis Software & Services GmbH
is subject to various legal obligations (retention requirements under commercial and tax law in accordance with the German
Commercial Code (“Handelsgesetzbuch”) and the German Tax Code
(“Abgabenordnung”). The processing purposes include, but are not limited to, the
fulfilment of tax and reporting requirements and also risk analysis and control in the
company and within the group.
9.4 Within the framework of the balancing of interests (Art. 6 para. 1 sent. 1(f) GDPR)
Where necessary, we process your data beyond actual fulfilment of the contract in
order to protect our legitimate interests or those of third parties. Examples:
- revision and improvement of procedures for general business management and
further development of products and services,
- advertising, customer satisfaction, unless you have objected to such use of your
data,
- assertion of legal claims and defense in legal disputes,
- prevention, investigation or determent of license infringement and criminal
offences.
10. Categories of Recipients of Personal Data
10.1 We have some of the aforementioned processes and services carried out by carefully
selected service providers who comply with data protection requirements:
- external developers working for Advancis.
10.2 The external service providers are bound by our instructions and are audited regularly.
They will not share your data with third parties.
10.3 With respect to sharing data with other recipients, we only share information about
you if required to do so by law, if you have consented or if we are authorized to share
it. Provided these requirements are met, recipients of personal data may include, but
are not limited to:
- public authorities and institutions (e.g. financial authorities, law enforcement
authorities) if there is a legal or official obligation,
- other companies or comparable institutions to which we transfer personal data in
order to conduct the business relationship with you (e.g. payment service provider),
- companies of the Advancis group (e.g. to control risk due to legal obligations).
11. Intent to Transfer Personal Data to a Third Country or International Organization
Active transfer of personal data to a third country or to an international organization
only takes place if it has been expressly referred to within the context of the
aforementioned services.
12. Criteria for Determining the Duration of Storage of Personal Data
The criteria for determining the duration of storage are based on the purpose of
processing and subsequent statutory retention periods. If the data is no longer needed
for meeting contractual or legal obligations, it is regularly deleted, unless its -
temporary and, where appropriate, limited - further processing is necessary for the
following purposes:
- fulfilment of retention obligations under commercial and tax law: This includes the
German Commercial Code (“Handelsgesetzbuch”) and the German Tax Code
(“Abgabenordnung”). They specify retention and documentation periods of up to
10 years,
- preservation of evidence within the legal statute of limitations: According to
Section 195 et seq. of the German Civil Code (“Bürgerliches Gesetzbuch”), the
regular limitation period is 3 years, but under special circumstances can be up to
30 years.
13. Data Protection Rights
13.1 You may at any time request information about the personal data we hold on you as
well as the purpose and origin thereof. In addition, you may also have your personal
data blocked, corrected or deleted at any time. Requests for information about your
personal data and requests for correction, blocking or deletion thereof should be sent
to: Data Protection Officer, Advancis Software & Services GmbH, Monzastraße 3,
63225 Langen, Germany, e-mail: [email protected].
13.2 All requests for information, correction, blocking and deletion, as well as the
revocation of consent to data collection, usage or processing must be sent to this
contact information. You also have the right to lodge a complaint with the data
protection supervisory authorities.
13.3 You can revoke your consent to the processing of your personal data at any time with
effect for the future.
13.4 You have the right to submit an objection, for reasons related to your specific situation,
at any time against the processing of personal data related to you that takes place
based on Art. 6 para. 1 sent. 1(e) GDPR (data processing in the public interest) and
Art. 6 para. 1 sent. 1(f) GDPR (data processing based on legitimate interests); this
also applies to profiling based on this provision within the meaning of Art. 4 No. 4
GDPR.
13.5 In some cases, we process your personal data for direct advertising purposes. You
have the right to object to the processing of your personal data for direct advertising
purposes at any time; the same applies to profiling insofar as it is connected with such
direct advertising.
13.6 If you object to the processing of your personal data for direct advertising purposes,
your personal data will no longer be processed for this purpose.
13.7 If you submit an objection, we will no longer process your personal data unless we
can demonstrate compelling legitimate grounds for the processing that outweigh your
interests, rights and freedoms, or unless the processing is required for the assertion,
exercise or defense of legal claims.
13.8 The objection can be made informally and directed to the contacts indicated above.
14. Obligation to Provide Data and
Possible Consequences of Not Providing Data
Within the context of our business relationship, you are required to provide the
personal data necessary to initiate and conduct a business relationship and to fulfil
the contractual obligations associated therewith, as well as the personal data we are
required to collect by law. Without this data, we are generally not in a position to
conclude the contract with you or to execute it.
15. Existence of Automated Decision-Making Including Profiling
Essentially, we never use automatic decision-making pursuant to Art. 22 GDPR to
initiate and conduct the business relationship. If we use these procedures in individual
cases, we will inform you about this separately if required to do so by law.
16. Data Security
16.1 We protect your information using modern security systems and comply with data
protection and security regulations within the framework of the GDPR.
16.2 We maintain up-to-date technical measures to ensure data security, especially in
relation to protecting your personal data against risks during data transmission and
unintended disclosure to third parties. These measures are updated constantly in line
with the current state of the art.