General Terms and Conditions (GTC) and End User Licence Agreement (EULA) of Datargo GmbH for the acquisition and use of Datargo Licensing products

As of: 1 June 2026

These terms apply to all software products distributed through the direct software business of Datargo GmbH (Datargo Licensing), in particular sqlclient and FoldMail, which are obtained through the product shop of the respective product (for sqlclient, sqlclient.eu). They consist of Part A (product-neutral GTC for the acquisition contract), Part B (product-neutral End User Licence Agreement/EULA for the rights of use) and Part C (product-specific schedules of services for each product). The terms apply to consumers and entrepreneurs alike.

Part A: General Terms and Conditions (GTC)

1. Provider and Scope of Application

1.1 Provider. These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concerning the acquisition and use of licences for the software products of Datargo GmbH distributed through Datargo Licensing (each hereinafter “the Software” or “the respective product”), in particular sqlclient and FoldMail, which are concluded between you (hereinafter “Customer”) and

Datargo GmbH Omniturm, Neue Mainzer Straße 52-58 60311 Frankfurt am Main, Germany Managing Director: Andreas Mallek Register Court: Local Court (Amtsgericht) Friedberg, HRB 9742 Value Added Tax Identification Number: DE320115003 E-mail: info@datargo.com

(hereinafter “Provider”, “Datargo” or “we”). Which product is the subject matter of the contract in the individual case results from the respective order as well as from the associated product-specific schedule of services (Part C).

1.2 Application to all Datargo Licensing products. These GTC apply to all Datargo Licensing products distributed through the product shop of the respective product (for sqlclient, sqlclient.eu). Product-specific particularities (in particular platforms, plans, seat and quantity models, engine or feature activations) result from the respective schedule of services in Part C. Where terms such as “the Software”, “the product”, “the respective plan”, “the writer seats” or “the licence token” are used below, they refer to the respective acquired product in accordance with its schedule of services.

1.3 Distinction from the Datargo platform. These GTC govern exclusively the direct software business (Datargo Licensing). The Datargo platform provided as software-as-a-service is subject to separate framework GTC and is not the subject matter of these terms. Contracts concerning Datargo Licensing products and contracts concerning the Datargo platform are legally independent; the respective terms do not apply to the respective other contractual sphere.

1.4 Consumers and entrepreneurs. These GTC apply to consumers and entrepreneurs alike. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB [German Civil Code]). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession (Section 14 BGB). Where a distinction is made below between consumers and entrepreneurs, this is expressly indicated; otherwise, the provisions apply to both groups.

1.5 Incorporation. Vis-à-vis consumers, these GTC only become part of the contract if the Provider expressly refers to them before the order is placed, gives the consumer the opportunity to take note of their content in a reasonable manner, and the consumer agrees to their application (Section 305 (2) BGB). In the order process of the product shop (Section 5), the respective valid GTC as well as the End User Licence Agreement (EULA, Part B) are accessible, can be saved and printed; their acknowledgement must be confirmed before the contract is concluded.

1.6 Defence clause. Deviating, conflicting or supplementary General Terms and Conditions of the Customer do not become part of the contract unless the Provider has expressly consented to their application in the individual case in text form. This applies even if the Provider renders performance without reservation in the knowledge of such terms of the Customer. This provision is of practical significance only vis-à-vis entrepreneurs.

1.7 Surprising clauses. Provisions which, according to the circumstances, in particular the outward appearance of the contract, are so unusual that the Customer need not expect them do not become part of the contract (Section 305c (1) BGB).

2. Subject Matter of the Contract and Delimitation

2.1 Digital product. The subject matter of the contract is the provision of the respective Software for consideration or free of charge as a digital product within the meaning of Section 327 (1), (2) BGB, as well as the granting of the licence required for use. Which product is provided in the individual case, which functions it offers and on which platforms it can run results from the respective schedule of services (Part C) as well as from the description of services presented in the product shop prior to the order.

2.2 Separation of acquisition contract and terms of use; order of precedence. These GTC (Part A) govern the contractual acquisition contract (purchase or subscription) for the licence and the provision of the Software. The details of the rights of use of the Software (scope of licence, permitted and impermissible use, intellectual property rights) are additionally governed by the End User Licence Agreement (EULA) in Part B, which applies upon activation or use of the Software, as well as by the respective schedule of services in Part C. In the event of contradictions, the following conclusive order of precedence applies: For the acquisition contract (formation, price, term, rights in respect of defects, withdrawal, liability), these GTC take precedence; for the scope and the exercise of the right of use of the Software, the EULA and the respective schedule of services take precedence. Mandatory statutory rights of the consumer, in particular under Sections 327 et seq. BGB, remain unaffected in any case and cannot be lowered by the EULA.

2.3 Technical requirements / interoperability. The respective Software runs on the platforms specified in the associated schedule of services (Part C) and on the respective product website, in the minimum version stated there. Where a product is provided for the Apple platforms, this is done notarised and code-signed; details on delivery, signature verification and self-updating result from the schedule of services. Licence activation takes place via a cryptographically signed licence token (technical protection measure) that is verified locally on the Customer’s device. These statements also serve to inform about functionality, interoperability and compatibility pursuant to Art. 246a Section 1 (1) EGBGB [Introductory Act to the German Civil Code]; the product-specific details are governed by the respective schedule of services.

3. Licence Models and Scope of Services

3.1 Forms of acquisition. Unless the respective schedule of services provides otherwise, licences are offered in two forms:

(a) Subscription. During the term of the subscription, the Provider continuously provides the Software and, within the scope of Section 8, makes available updates (functional and security updates) as well as the functions associated with the respective plan (continuous provision pursuant to Sections 327c, 327e BGB).

(b) Perpetual fallback (only with an annually billed subscription). With an annually billed subscription, the Customer additionally acquires, with each fully paid annual period, the right to use any program version whose version level is less than or equal to the value perpetual_through stored in the licence token permanently and in the full licensed scope of functions, even after the end of the subscription. perpetual_through corresponds to the version level that was current at the beginning of the respective paid annual period and is updated with each further fully paid annual period to the then current version level. With monthly billed subscriptions, no perpetual fallback arises (perpetual_through remains empty); after expiry or termination, the Software, where the respective schedule of services provides for such a mode, switches to the permanently free restricted mode (Sections 3.2, 3.4). Program versions above perpetual_through as well as new program versions always require an active subscription.

3.2 What remains and what ends after the expiry of the subscription. After the expiry of a subscription, the following applies:

The right of use subject to a fee (see 3.3) for versions published after perpetual_through as well as the entitlement to new program versions beyond this version level end.
Program versions ≤ perpetual_through remain permanently fully usable in accordance with 3.1 (b) (so-called perpetual fallback). For these permanently usable versions, the Provider, vis-à-vis consumers, ensures security-relevant updates in accordance with Section 8.2 even after the expiry of the subscription, insofar as this is necessary to maintain conformity with the contract; there is no entitlement to functional updates or new program versions in this respect.
Where the respective schedule of services provides for a permanently free restricted mode (such as a read-only or basic mode), its use remains possible irrespective thereof (see 3.3, 3.4). A lockout of the Customer from versions that are already usable on a perpetual basis does not take place.

3.3 Fee model. The scope of functions and use designated as subject to a fee in the respective schedule of services is subject to a fee. For products whose schedule of services provides for this, in particular writing, i.e. write or modifying operations via so-called writer/write seats, is subject to a fee, whereas pure read access (connecting and reading) is permanently and unlimitedly free of charge and not subject to a licence. Which specific fee and seat or quantity model applies to a product results conclusively from the associated schedule of services (Part C).

3.4 Trial and free restricted mode. Where the respective schedule of services provides for this, the Software is available without a licence for a trial period stated therein in the full scope of functions. After the expiry of this trial period, the Software, where provided for in the schedule of services, automatically and permanently free of charge switches to a restricted mode (such as a read-only or basic mode); the uses designated as free of charge in the schedule of services then remain possible, while write and chargeable premium functions are blocked. The trial remains unaffected by any withdrawal from a chargeable contract.

3.5 Plan tiers and scope of functions. The chargeable plans of a product differ in the unlocked scope of functions and quantity. Decisive for the scope of services included per plan is the respective valid description of services presented in the product shop and on the respective product website prior to the order, as well as the associated schedule of services (Part C).

The number of included writer seats (“seats”) or other units of use as well as the other features per plan result from the description of services shown in the product shop in each case and from the specific order. Where a product provides for a number of writer seats, this is a contractual limit of use: The Customer undertakes not to use more concurrent writer seats than they have acquired. A technical enforcement of this limit in the client does not take place unless the schedule of services indicates otherwise; the number of seats is stored in the licence token as an informational field. This limit of use is further specified in the EULA (Part B).

The activation of certain function or database families (e.g. further database engines) may take place independently of the plan and is governed by the licence token as well as by the respective schedule of services; during any trial, the families designated in the schedule of services that are currently supported in production are available.

3.6 Description of services as part of the contract. The scope of functions and services presented in the product shop prior to the order in each case, as well as the essential characteristics of the selected product (product, plan, form of acquisition, term) and the associated schedule of services (Part C), are part of the contract.

4. Prices and Terms of Payment

4.1 Applicable prices. The prices shown in the product shop or on the respective product website at the time of the order apply. Decisive are the product, plan, form of acquisition, billing period and the respective scope of services presented there.

4.2 Price information vis-à-vis consumers. Vis-à-vis consumers, total prices are stated as final prices including statutory value added tax and any other price components (Section 3 PAngV [Price Indication Ordinance]). Since the Software is provided as a download, no shipping costs are incurred.

4.3 Price information vis-à-vis entrepreneurs. Vis-à-vis entrepreneurs, prices may be shown as net prices plus the applicable statutory value added tax; value added tax is indicated separately. For entrepreneurs domiciled in another EU member state who provide a valid value added tax identification number, the reverse-charge procedure (reversal of tax liability to the recipient of the service) may apply; in this case, the invoice is issued without German value added tax with a corresponding note. The entrepreneur must ensure the correctness of the value added tax identification number provided.

4.4 Means of payment and due date. Payment is made via the payment service provider Stripe (Stripe Payments Europe, Ltd.) integrated in the product shop. The payment methods activated for the Provider at Stripe in each case are available (e.g. credit card); in addition, the terms and privacy notices of Stripe apply. The fee is due upon conclusion of the contract or, in the case of a subscription, at the beginning of each billing period, unless otherwise stated in the order process.

4.5 Default. If the Customer is in default with a payment, the statutory provisions apply; the occurrence of default is governed by the statutory requirements (Section 286 BGB). In the event of default, the default interest rate for payment claims vis-à-vis consumers is five percentage points above the base rate; for payment claims in which a consumer is not involved, nine percentage points above the base rate (Section 288 BGB). The Provider’s right to assert further damage caused by default remains unaffected; the Customer reserves the right to prove that lesser damage occurred.

5. Conclusion of Contract via the product shop

5.1 Order route. Orders for chargeable licences are placed via the product shop of the respective product, for sqlclient at sqlclient.eu. The presentation of the products and plans in the product shop does not constitute a binding offer but an invitation to submit an offer.

5.2 Order steps. The order process typically comprises the following steps: selection of the product, the plan and the form of acquisition; entry of the data required for the contract (in particular name and e-mail address, where applicable further details); selection of the payment method; display of an order overview with the essential characteristics, the total price and the term; binding placement of the order by activating the order button.

5.3 Correction of input. Before placing the order in a binding manner, the Customer can review their input in the order overview and correct it at any time using the customary keyboard and mouse functions as well as the operating elements provided, or cancel the order process.

5.4 Formation of the contract. By activating the order button, the Customer submits a binding offer. The contract is formed when the Provider accepts the offer, but at the latest upon provision of the licence or the licence token. The Provider confirms receipt of the order without undue delay by electronic means (confirmation e-mail); this acknowledgement of receipt does not necessarily constitute acceptance, unless expressly stated otherwise therein.

5.5 Obligations in electronic commerce. In contracts in electronic commerce, the Provider makes available the means required under Section 312i BGB to identify and correct input errors, confirms receipt of the order without undue delay by electronic means, and enables the contractual terms to be retrieved and stored. Vis-à-vis entrepreneurs, the obligations under Section 312i (1) sentence 1 nos. 1 to 3 and sentence 2 BGB are deemed to be waived, insofar as legally permissible (Section 312i (2) BGB).

5.6 Mandatory information and button solution (consumers). In the case of a chargeable order by a consumer, the Provider makes available the essential characteristics of the service, the total price, the term and, where applicable, the minimum term clearly and comprehensibly in a prominent manner immediately before the order is placed (Section 312j (2) BGB). The order button is labelled, in a clearly legible manner, with the words “order subject to payment” (“zahlungspflichtig bestellen”) or a corresponding unambiguous formulation (Section 312j (3) BGB). A contract with the consumer is only formed if the Provider fulfils the requirements of Section 312j (2) and (3) BGB (Section 312j (4) BGB).

5.7 Contract text and contract confirmation. The Provider makes available to the consumer the confirmation of the contract including these GTC pursuant to Section 312f BGB on a durable medium (by e-mail). No further permanent storage of the contract text in a separately accessible customer account takes place; the GTC valid at the time of the order can be retrieved, saved and printed in the product shop.

6. Subscription: Term, Renewal and Termination

6.1 Term. The initial term of the subscription is one year (annual billing in advance), unless otherwise shown in the order process or in the respective schedule of services. The term and any minimum term are shown in the order process immediately before the order is placed.

6.2 Renewal vis-à-vis consumers. If the subscription vis-à-vis a consumer is not terminated after the expiry of the initial term, it is renewed for an indefinite period. The consumer may terminate the subscription renewed for an indefinite period at any time with a notice period of no more than one month (Section 309 no. 9 BGB).

6.3 Renewal vis-à-vis entrepreneurs. Vis-à-vis entrepreneurs, the subscription is renewed for a further year in each case after the expiry of the initial term, unless it is terminated with a notice period of three months to the end of the term.

6.4 Form of termination. Vis-à-vis consumers, termination requires no stricter form than text form (Section 309 no. 13 BGB); termination in text form (e.g. by e-mail to info@datargo.com ) is sufficient.

6.5 Extraordinary termination. The right of both parties to terminate for good cause remains unaffected.

7. Termination Button for Online Subscriptions

7.1 Termination button. Where a subscription was concluded online via the product shop, the Provider makes available an easily accessible, directly and constantly available termination button with which the subscription can be terminated in accordance with Section 312k BGB without unreasonable difficulty. The button is labelled, in a clearly legible manner, with nothing other than the words “Terminate contracts here” or a correspondingly unambiguous formulation and guides the Customer through the confirmation of the termination.

7.2 Confirmation. The Customer receives, without undue delay, a confirmation in text form regarding the receipt as well as the time and effectiveness of the termination.

8. Provision and Updates (Digital Product)

8.1 Provision. The Provider provides the Software and the licence key or licence token required for activation pursuant to Sections 327b, 327c BGB. For subscriptions, provision takes place continuously over the contract term.

8.2 Update obligation (consumers). In contracts with consumers, the Provider provides updates that are necessary to maintain the conformity of the digital product with the contract (in particular functional and security updates) and informs about these pursuant to Sections 327f, 327e BGB. The period of provision is governed

(a) in the case of permanent forms of acquisition (perpetual fallback) by the period that the consumer may expect on the basis of the nature and purpose of the digital product and taking into account the circumstances and the nature of the contract; security-relevant updates for the versions permanently usable in the perpetual fallback (≤ perpetual_through) are provided within this period even after the expiry of a subscription, insofar as Section 327f BGB requires this, and

(b) in the case of subscriptions by the entire term of the subscription.

There is no entitlement to new program versions or functional updates beyond the version level perpetual_through after the expiry of the subscription (cf. 3.2).

8.3 Duty to install. Where the respective Software has a signature-verified self-update function (see schedule of services, Part C), the Provider refers to this. If the Provider provides an update and informs the consumer about it, the Provider is not liable for a defect that is solely attributable to the fact that the consumer has not installed an update provided, about which they were duly informed, within a reasonable period, unless the omitted or faulty installation is attributable to faulty installation instructions provided to the consumer (Section 327f (2) BGB).

8.4 Updates vis-à-vis entrepreneurs. Vis-à-vis entrepreneurs, the Provider provides updates in accordance with the contract and within the scope of its update programme; Section 8.2 does not apply directly to contracts with entrepreneurs.

9. Rights in Respect of Defects / Warranty

9.1 Rights in respect of defects vis-à-vis consumers. The statutory provisions of Sections 327 et seq. BGB, in particular Sections 327i et seq. BGB, apply to the consumer’s rights in respect of defects in digital products. Accordingly, in the event of a defect, the consumer may, in accordance with the law, demand supplementary performance, terminate the contract or reduce the fee, and demand compensation for damages or expenses in accordance with Section 12. These rights are not restricted by these GTC; clauses that conflict with them or lower the consumer’s rights below the statutory level are deemed not to have been agreed (Sections 327h, 327s BGB).

9.2 Rights in respect of defects vis-à-vis entrepreneurs. Vis-à-vis entrepreneurs, the statutory provisions apply to the rights in respect of defects with the following provisos:

(a) The Provider initially renders supplementary performance. If supplementary performance fails, is impossible or is seriously and finally refused by the Provider, the entrepreneur may, in accordance with the statutory provisions, reduce the price or withdraw from the contract as well as demand compensation for damages or expenses in accordance with Section 12.

(b) The limitation period for claims based on defects of entrepreneurs is twelve months from the statutory commencement of the limitation period.

(c) The shortening of the limitation period under (b) does not apply to claims based on intent, fraudulently concealed defects, an assumed guarantee, damage arising from injury to life, body or health, claims under the Product Liability Act (ProdHaftG), as well as claims based on grossly negligent or intentional breaches of duty by the Provider, its legal representatives or vicarious agents. In this respect, the statutory limitation periods apply.

(d) Entrepreneurs must report obvious defects within a reasonable period after provision in text form.

9.3 Quality. The owed quality of the Software is governed by the respective valid product and service description as well as the associated schedule of services (Part C). Any quality or suitability beyond this is owed only insofar as this is expressly agreed; public statements remain unaffected in accordance with the law.

10. Right of Withdrawal for Consumers

10.1 Consumers have a statutory right of withdrawal in accordance with Sections 312g, 355 BGB for chargeable contracts concluded by means of distance selling. Entrepreneurs do not have a right of withdrawal. A right of withdrawal exists only for chargeable contracts. For free use (any trial, permanently free restricted mode, Section 3.4), there is no right of withdrawal due to the absence of consideration; no payment or reversal obligations arise for the consumer from this.

10.2 Expiry in the case of digital content. In the case of a contract for the provision of digital content that is not delivered on a physical medium, the consumer’s right of withdrawal expires prematurely only if

(1) the consumer has expressly consented that the Provider begins to perform the contract before the expiry of the withdrawal period,

(2) the consumer has confirmed their knowledge that, through this consent, they lose their right of withdrawal upon the commencement of performance of the contract, and

(3) the Provider has made available to the consumer a confirmation pursuant to Section 312f BGB (Section 356 (5) BGB).

If even one of these conditions is not met, the right of withdrawal remains in place. Any free trial and any permanently free restricted mode (Section 3.4) remain unaffected thereby.

10.3 Withdrawal instruction. The following withdrawal instruction as well as the model withdrawal form inform the consumer about the exercise of the right of withdrawal.

Withdrawal Instruction
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Datargo GmbH, Omniturm, Neue Mainzer Straße 52-58, 60311 Frankfurt am Main, e-mail: info@datargo.com ) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal. If you withdraw from this contract, we must repay to you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment.
Premature expiry of the right of withdrawal. Your right of withdrawal in the case of a contract for the provision of digital content not located on a physical medium expires if we have begun to perform the contract after you (1) expressly consented that we begin to perform the contract before the expiry of the withdrawal period, and (2) confirmed your knowledge that, by your consent, you lose your right of withdrawal upon the commencement of performance of the contract, and (3) we have made available to you a confirmation pursuant to Section 312f BGB.

Model Withdrawal Form
(If you want to withdraw from the contract, please complete this form and return it.)
To: Datargo GmbH, Omniturm, Neue Mainzer Straße 52-58, 60311 Frankfurt am Main, e-mail: info@datargo.com
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ():
Ordered on () / received on (): __________________
Name of the consumer(s): __________________
Address of the consumer(s): __________________
Signature of the consumer(s) (only for notification on paper): __________________
Date: __________________
(*) Delete as appropriate.

10.4 Withdrawal function (section 356a BGB). For contracts concluded via the product shop from 19 June 2026, the Provider makes available to consumers, throughout the running of the withdrawal period, a clearly legible, permanently available, prominently placed withdrawal function that is accessible without unreasonable difficulty and labelled with the words “Withdraw from contract” or a correspondingly unambiguous wording. Via this function, the consumer reaches a confirmation page on which the consumer can provide the information required for the withdrawal (name, identification of the contract and an electronic means of contact for the confirmation of receipt) and conclusively declare the withdrawal via a separate confirmation button (“Confirm withdrawal”); no further information, in particular as to the reasons for the withdrawal, is requested. The Provider confirms receipt of the withdrawal to the consumer without undue delay on a durable medium, stating the date and time. The withdrawal function applies in addition to the other forms of declaring the withdrawal under Section 10.3 and leaves them unaffected.

11. Rights of Use and EULA

11.1 Grant of licence. Upon full payment of the fee and subject to the conditions of these GTC and the EULA, the Provider grants the Customer a simple, non-exclusive, non-transferable right to use the Software as intended on the platforms designated in the schedule of services within the scope of the acquired plan and the acquired form of acquisition. The temporal or version-related scope results from the selected model (subscription or perpetual fallback, Section 3).

11.2 EULA. The details of the right of use, the permitted and impermissible use as well as the industrial property rights are additionally governed by the End User Licence Agreement (EULA, Part B) in its respective valid version, which the Customer can view, save and print in the product shop as well as in the Software before the conclusion of the contract and to whose application they declare their agreement for the use of the Software. For the relationship between the GTC and the EULA, the conclusive order of precedence set out in Section 2.2 applies. The EULA cannot lower or exclude mandatory statutory rights of the consumer, in particular the rights in respect of defects under Sections 327 et seq. BGB as well as the inalienable minimum copyright rights (Sections 69d, 69e UrhG [German Copyright Act]).

12. Liability

12.1 Unlimited liability. The Provider is liable without limitation

(a) for intent and gross negligence,

(b) for damage arising from injury to life, body or health,

(d) under the provisions of the Product Liability Act (ProdHaftG).

12.2 Simple negligence. In the case of simple negligence, the Provider is liable, except in the cases of Section 12.1, only for the breach of a material contractual obligation (cardinal obligation), i.e. an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies and may rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.

12.3 Exclusion otherwise. Any further liability of the Provider is excluded.

12.4 Vicarious agents. Insofar as the Provider’s liability is excluded or limited under the foregoing provisions, this also applies to the personal liability of its legal representatives, employees and vicarious agents.

12.5 No effect on statutory rights. The statutory rights of the consumer in respect of defects under Sections 327 et seq. BGB as well as mandatory statutory liability provisions remain unaffected by the foregoing provisions.

13. Data Backup and Risk Notice

13.1 Function of the Software. Where the respective Software is a tool with which modifying or deleting (destructive) operations can be carried out (details result from the respective schedule of services), the Customer acknowledges that the consequences of operations triggered by the Customer are within the Customer’s responsibility, insofar as they are not based on a defect of the Software or a breach of duty by the Provider.

13.2 Data backup. The Customer is advised to create their own backups of their data before carrying out modifying or deleting operations as well as at reasonable intervals. This notice does not constitute an exclusion or limitation of statutory rights in respect of defects or liability; it serves to avoid damage and is to be taken into account in assessing any contributory fault (Section 254 BGB).

14. Availability and Dependencies on Third Parties

14.1 product shop and provision of updates. The Provider endeavours to keep the product shop as well as the endpoints for the provision of updates available. A particular uninterrupted availability is not assured unless expressly and separately agreed. For expressly designated Enterprise plans, a separate service-level agreement governs the details of availability, insofar as such an agreement is concluded.

14.2 Third-party dependencies. The acquisition, installation and operation of the Software may depend on services of third parties, in particular on notarisation and code signing by the respective platform as well as, in the case of distribution via alternative acquisition routes, on the respective platforms and distribution channels. The Provider has only limited influence on the availability of these third-party services.

15. Contract Language, Applicable Law and Place of Jurisdiction

15.1 Contract language. The website and the contract documents are provided in several languages. The contract language is German.

15.2 Applicable law. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. With consumers, this choice of law applies only insofar as the consumer is not thereby deprived of the protection afforded to them by the mandatory provisions of the law of the state in which they have their habitual residence (Art. 6 (2) Rome I Regulation).

15.3 Place of jurisdiction. If the Customer is a merchant, a legal person under public law or a special fund under public law, or if they have no general place of jurisdiction within Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Frankfurt am Main. Vis-à-vis consumers, no agreement on the place of jurisdiction applies; in this respect, the statutory places of jurisdiction remain unaffected (Section 38 ZPO [Code of Civil Procedure]).

16. Consumer Dispute Resolution

The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board (Section 36 (1) no. 1 VSBG [Consumer Dispute Resolution Act]). A reference to the former Online Dispute Resolution platform of the European Commission (Art. 14 ODR Regulation) is omitted, as this platform was discontinued on 20 July 2025.

17. Amendments to these GTC

17.1 Reservation of amendment. The Provider is entitled to amend these GTC with effect for the future, insofar as this is necessary to adapt them to changed legal or supreme-court-clarified framework conditions or to changed technical framework conditions, or to close a gap in the provisions arising from unforeseen circumstances, and insofar as the amendment does not disadvantage the Customer, taking appropriate account of the Provider’s interests. Amendments to the essential main performance obligations, the price or the price-performance ratio as well as amendments that are substantively disadvantageous to the Customer are excluded from this; such amendments always require the express consent of the Customer.

17.2 Procedure. The Provider notifies the Customer of the amendments permissible under Section 17.1 at least six weeks before the planned entry into force in text form and thereby informs them of the planned amendments, their right of objection, the objection period as well as the significance of silence. If the Customer does not object within the notified period in text form, the amendments are deemed to be accepted. If the Customer objects in due time, the amendment does not become effective vis-à-vis them; the contractual relationship is in this case continued under the previous conditions. The right of both parties to ordinary termination of a continuing obligation (subscription) at the next permissible date remains unaffected. Amendments that are substantively disadvantageous to the Customer as well as amendments under Section 17.1 sentence 2 only become effective with the express consent of the Customer; a fiction of consent through silence does not take place in this respect.

18. Final Provisions

18.1 Severability clause. Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of invalid or unenforceable provisions. A reduction of invalid clauses that preserves their validity, in particular to the detriment of consumers, does not take place; invalid clauses lapse without replacement and are replaced by the statutory provisions.

18.2 Data protection. The processing of personal data in the context of the conclusion of the contract, licence administration and the use of the website and the Software is governed by the Provider’s privacy policy in its respective valid version. Product-specific information on data processing (in particular on the local storage of access data, on functional online connections and on any synchronisation services) results from the respective schedule of services (Part C) and the privacy policy.

18.3 Set-off and retention (entrepreneurs). Vis-à-vis entrepreneurs, set-off is permissible only with undisputed or legally established claims; a right of retention is available to the entrepreneurial Customer only on account of counterclaims arising from the same contractual relationship. The statutory rights of the consumer remain unaffected.

Datargo GmbH · Omniturm, Neue Mainzer Straße 52-58 · 60311 Frankfurt am Main · info@datargo.com

Part B: End User Licence Agreement (EULA) / Terms of Use for the Software

Provider: Datargo GmbH, Omniturm, Neue Mainzer Straße 52-58, 60311 Frankfurt am Main, Germany Managing Director: Andreas Mallek · Register Court: Local Court (Amtsgericht) Friedberg, HRB 9742 · VAT ID No.: DE320115003 · E-mail: info@datargo.com

As of / version: 1 June 2026 · Contract language: German

Structure of this Part. This End User Licence Agreement consists of a product-neutral core (Sections 1 to 18), which applies to every Datargo Licensing product of Datargo GmbH designated as “the Software” (in particular sqlclient and FoldMail), and of the product-specific schedules of services in Part C. In the event of contradictions, the order of precedence set out in Section 18 applies.
This EULA governs exclusively the granting and the scope of the rights of use of the Software. The contractual acquisition contract (order, price, payment, withdrawal, term and termination of the subscription, rights in respect of defects) is governed by the General Terms and Conditions (GTC, Part A) of Datargo GmbH and the order and mandatory information shown in the product shop (sqlclient.eu). Where this EULA refers to statutory rights in respect of defects, updates or withdrawal, these apply undiminished; this EULA does not lower them.
Note for consumers. You have a statutory right of withdrawal when acquiring the Software. The complete withdrawal instruction as well as the model withdrawal form are made available to you before the conclusion of the contract in the order process (product shop) and with the order confirmation (cf. Section 11.4 as well as Part A Section 10).

1. Definitions and Scope of Application

1.1 “Provider” is Datargo GmbH (address above).

1.2 “The Software” (also “the product”) designates the respective computer program of the Provider designated in the associated schedule of services (Part C), including the program files, databases, configurations, interfaces, embedded content provided with it and the associated documentation, in each case in the form provided or updated by updates. This EULA applies to all products distributed through Datargo Licensing, in particular sqlclient and FoldMail.

1.3 “User” is the natural or legal person who installs, activates or uses the Software as intended.

1.4 “Consumer” is a User within the meaning of Section 13 BGB; “entrepreneur” is a User within the meaning of Section 14 BGB.

1.5 “Licence token” is a cryptographically signed file or character string issued by the Provider that carries the scope of the licence (among other things plan, seats or other units of use, engine or feature activations, term and version specifications) and is verified locally by the Software. The product-specific token format results from the respective schedule of services.

1.6 “Write right / writer seat” is, where the respective schedule of services provides for such a model, the licence-subject right to carry out modifying operations with the Software (see Section 2). “Read use” is connecting and reading, which is free of charge at all times and not subject to a licence in this respect. If a product provides for a different fee model, the model described in the schedule of services applies.

1.7 This EULA applies to the provision and use of the Software irrespective of the route of acquisition (in particular download via the Provider’s websites and the product shop as well as any future distribution channels). It supplements the Provider’s GTC (Part A). Vis-à-vis entrepreneurs, deviating, conflicting or supplementary General Terms and Conditions of the User are objected to; they only become part of the contract if and insofar as the Provider has expressly consented to their application in text form. This applies even if the Provider provides the Software without reservation in the knowledge of such terms.

1.8 Incorporation. Vis-à-vis consumers, this EULA is only validly incorporated if the User had the opportunity for reasonable acknowledgement before the conclusion of the contract and has declared their agreement to its application (Section 305 (2) BGB). The Provider ensures these conditions in the order process of the product shop (display of the contract texts, express confirmation). Surprising or ambiguous clauses do not become part of the contract (Section 305c (1) BGB); doubts in interpretation are to the detriment of the Provider (Section 305c (2) BGB).

2. Subject Matter of the Licence and Scope of the Licence

2.1 The Provider grants the User, in accordance with the acquired plan and the valid licence token, a simple (non-exclusive), non-transferable right to install and run the Software for intended personal use.

2.2 Payment relationship of the right of use subject to a fee. The right of use designated as subject to a fee in the respective schedule of services (such as the write right) is subject to the reservation of payment of the remuneration owed for the respective plan. The free read use as well as any permanent restricted use (Section 2.5) are excepted from this and are available irrespective of payment, insofar as the schedule of services provides for this. Vis-à-vis consumers, this payment relationship leaves the statutory provision and defect rights (Sections 327 et seq. BGB) unaffected; rights of retention of the Provider beyond the statutory rights to refuse performance are not established hereby.

2.3 Temporal or version-related limitation (subscription with perpetual fallback).

(a) Subscription: As long as the subscription is active (the licence token has not expired), the User may use the Software with the scope of functions unlocked for their plan, including the new versions published during the term.

(b) Perpetual fallback (only with an annually billed subscription): With an annually billed subscription, after expiry, any program version whose version number is less than or equal to the limit stored in the licence token (perpetual_through) remains permanently usable in the acquired scope; this limit corresponds to the version level at the beginning of the respective paid annual period. With a monthly billed subscription, no such limit arises (perpetual_through remains empty); after expiry, where the schedule of services provides for this, only the permanently free restricted mode is available. Program versions published after this limit require a renewed active subscription.

(c) What ends and what remains after the expiry of the subscription: Upon the expiry of the subscription, only (i) the right to use subject to a fee in program versions above the perpetual limit and (ii) the entitlement to new versions from the current subscription end. There remain (i) the permanent usability of the versions up to the perpetual limit in the acquired scope and (ii) any unlimited, free restricted use provided for in the schedule of services in accordance with Section 2.5.

2.4 Seat and quantity model. Where a product provides for write use subject to a fee, the number of seats authorised to write (seats/writer seats) is a contractual quantity; it results from the licence token and the acquired plan (see respective schedule of services, Part C). Connecting and reading is permanently and unlimitedly free of charge in this model and not subject to a licence. If the schedule of services of a product provides for a different quantity or unit-of-use model, this model applies.

2.5 Trial and permanent restricted use. Where the respective schedule of services provides for this, the User has the full scope of functions available for testing without a licence from the first start of the Software for a trial period stated therein (“trial”). After the expiry of the trial, the Software, where provided for in the schedule of services, is not blocked but switches permanently and free of charge to a restricted mode (such as a read-only or basic mode): the uses designated as free of charge in the schedule of services remain unlimitedly possible; functions subject to a fee are deactivated until a licence is acquired.

2.6 Feature and engine activation. Irrespective of the plan, the licence token may determine which function or database engine families are unlocked for extended or write use (details in the schedule of services). During any trial, the families designated in the schedule of services that are currently supported in production are available. An ability to be unlocked in the token does not establish an entitlement to functions or engines not yet available in production.

2.7 The specific scope of functions and quantity unlocked per plan (in particular function caps and any limits) results conclusively from the product-specific schedule of services (Part C).

3. Offline Licensing; No Online Activation Obligation

3.1 The licence and trial verification takes place entirely locally on the User’s device, unless the respective schedule of services indicates otherwise. The licence token is cryptographically verified against a public signature key embedded in the Software. For the licence and trial verification, no online activation and no “call-home” takes place; no data is transmitted to the Provider for the verification itself. This is to be distinguished from the functional online connections under Section 3.3, which take place independently of the licence verification.

3.2 Protection against turning back the system clock (functionality). Where a product provides for term-related functions (in particular trial or expiry periods), the Software may store the highest date ever observed and may not adopt a system clock backdated in relation to it for this term calculation. If the device’s system clock is set to an earlier date, for example after a legitimate clock correction, this may result in the term-related functions only working as usual after the last observed date has been reached again. This statement serves to inform about the functionality of the digital content including technical protection measures (Art. 246a EGBGB). The product-specific configuration results from the respective schedule of services.

3.3 Functional online connections. The statement “no online activation” applies strictly to the licence/trial verification. Irrespective of this, the Software may, in each case for clearly delimited, functional purposes, establish connections to the Provider’s servers or to services configured by the User (such as a signature-verified update retrieval, an online retrieval of the licence token triggered exclusively by the User, as well as the opening of the product shop in the browser). Which functional connections a product establishes results from the respective schedule of services (Part C) and the privacy policy. With these connections, the User’s IP address is, for technical reasons, transmitted to the respective server; no tracking takes place.

4. Permitted Use and Use Restrictions

4.1 The User may use the Software exclusively within the scope of the scope granted under Section 2.

4.2 Without the prior consent of the Provider and beyond the granted scope of the licence, the User is in particular not permitted:

(a) to rent, lease, pass on, distribute, make publicly accessible or sublicense the Software or the licence token to third parties;

(b) to circumvent, deactivate or otherwise bypass the licence or use lock or to manipulate or forge the licence token; using the licence token beyond the contractually acquired number of seats or units of use is a breach of the granted scope of the licence;

4.3 The foregoing restrictions apply subject to the mandatory statutory powers of the User under Sections 69d, 69e UrhG (see Section 5). These statutory minimum rights are not restricted by this EULA.

5. Decompilation, Reverse Engineering and Backup Copy (Mandatory Statutory Rights)

5.1 The User may, in principle, not reverse engineer, decompile, disassemble the Software or otherwise attempt to ascertain the source code.

5.2 This prohibition does not apply, however, insofar as the law mandatorily permits the User to do otherwise. In particular, the following remain unaffected:

(a) the right to decompilation for the purpose of achieving interoperability with other programs in accordance with Section 69e UrhG;

(b) the inalienable minimum rights of the person entitled to use under Section 69d UrhG, including the right to carry out the acts necessary for intended use as well as to observe, study and test the functioning of the Software;

5.3 The rights mentioned in Section 5.2 cannot be effectively excluded or hindered by contract pursuant to Section 69g (2) UrhG. Insofar as provisions of this EULA conflict with this, they are invalid in this respect; the statutory powers remain fully in place.

6. Updates and Self-Updating

6.1 Where the respective Software contains a mechanism for self-updating (see schedule of services, Part C), it verifies, before the installation of an update, the cryptographic signature of the update package against an embedded public key; only signature-verified updates are adopted.

6.2 The Provider is entitled to provide functional and security updates. Vis-à-vis consumers, the Provider provides the updates owed under Sections 327e, 327f BGB (in particular security updates) for the statutorily provided period; this statutory update obligation is not waived or lowered by this EULA.

6.3 Consumer’s duty to update (Section 327f (2) BGB). If the Provider provides an update within the meaning of Section 327f (1) BGB and informs the consumer of its availability as well as of the consequences of an omitted installation, the Provider is not liable for a product defect that is based solely on the fact that the consumer has not installed the update within a reasonable period, although installation was possible for them. This applies only insofar as the defect is exclusively based on the omitted installation; otherwise, the Provider’s responsibility under Sections 327d et seq. BGB remains unaffected.

6.4 Where the update retrieval can be deactivated by the User (see respective schedule of services), the User is, in the event of deactivation, responsible for the manual update themselves; the resulting security risks are pointed out.

6.5 Updates are subject to the conditions of this EULA. The respective provided scope of functions of new versions is determined in accordance with Section 2 (subscription/perpetual fallback).

7. Intellectual Property and Reservation of Property Rights

7.1 The Software is protected by copyright. All copyright, trademark, patent, trade secret and other property rights in the Software remain with the Provider or its licensors. This EULA transfers no ownership and is not a sale of rights, but grants exclusively the rights of use described in Section 2.

7.2 Insofar as no rights are expressly granted to the User, all rights remain with the Provider. The Provider’s trademarks, logos and product names may only be used within the scope of statutory permission.

8. Open-Source and Third-Party Components

8.1 The Software may contain open-source and other third-party components. These are subject to their respective own licence conditions, which, insofar as they conflict with this EULA, take precedence for the component concerned.

8.2 The licence texts and copyright notices of the third-party components used are listed in the respective program (such as under “About the product”) as well as on the product website. Upon request, the Provider makes available the relevant licence information.

9. Local Data Storage; No Telemetry; Synchronisation

9.1 No telemetry, no app account. Unless the respective schedule of services indicates otherwise, the Software collects no telemetry, analysis or usage data for evaluation purposes and maintains no cloud account and no login for the use of the app. No tracking takes place. The functional connections mentioned in Section 3.3 (in particular any auto-update retrieval in which the IP address is transmitted for technical reasons) remain unaffected thereby.

9.2 Local storage of access data. Connection, access or secret data stored by the User are, insofar as the product processes such data, stored locally on the device in an encrypted storage. The specific encryption and key derivation procedure as well as any protection via the biometric authentication and the keychain of the operating system result from the respective schedule of services (Part C).

9.3 Synchronisation (optional, opt-in, end-to-end). If the respective plan and the schedule of services provide for this and the User actively activates it, the Software may synchronise stored content between the User’s devices. If such a synchronisation service is offered, the synchronisation takes place in accordance with the schedule of services and the privacy policy; insofar as described there, exclusively encrypted content is synchronised, and the master password does not leave the device. Whether and how a product provides for synchronisation results conclusively from the respective schedule of services.

9.4 Details of the data processing, including the functional online connections under Section 3.3, any synchronisation (Section 9.3) and the product shop, are governed by the Provider’s privacy policy. The controller within the meaning of the GDPR is Datargo GmbH (address above); information on the competent supervisory authority and on the rights of data subjects is contained in the privacy policy.

10. Responsibility of the User; Data Backup

10.1 Where the Software is a tool for the administration of databases, servers or other systems with which modifying and deleting (destructive) operations can also be carried out, the User is responsible themselves for the systems and access data connected by them, for the configuration of the security mechanisms (see respective schedule of services) as well as for the consequences of the operations carried out by them.

10.2 The User is required to create appropriate data backups before modifying or destructive operations. This notice does not constitute an exclusion of statutory warranty or liability rights and does not change the Provider’s obligations under Sections 11 and 12.

11. Warranty / Quality of Provision; Consumer Rights

11.1 Vis-à-vis consumers, the statutory provisions apply to the provision of the Software as a digital product, in particular Sections 327 et seq. BGB (provision, update, rights in respect of defects). These rights, including the fault-independent rights to supplementary performance, termination of the contract and reduction (Sections 327i et seq. BGB), are not lowered below the statutory level by this EULA and the GTC; conflicting clauses are invalid in this respect (Sections 327h, 327s BGB).

11.2 Vis-à-vis entrepreneurs, the warranty is governed by the statutory provisions, insofar as nothing deviating is effectively agreed in the Provider’s GTC within the scope of Sections 305 to 310 BGB.

11.3 Where the Software is provided free of charge (trial, permanent restricted use), the statutory provisions for the free provision of digital products apply; otherwise, liability under Section 12 remains unaffected.

11.4 Consumer’s right of withdrawal. Consumers have a statutory right of withdrawal (Sections 312g, 355 BGB) when acquiring the Software for a fee. The withdrawal instruction as well as the model withdrawal form (annexes to Art. 246a EGBGB) are made available in the order process of the product shop and with the order confirmation in text form (see also Part A Section 10). When the Software is provided as digital content before the expiry of the withdrawal period, the right of withdrawal expires only if the consumer (i) has expressly consented that performance begins before the expiry of the withdrawal period, (ii) has confirmed their knowledge of the loss of the right of withdrawal upon complete performance of the contract, and (iii) the Provider has made available to the consumer a confirmation pursuant to Section 312f (3) BGB (Section 356 (5) BGB). The free trial and restricted use remain unaffected by these provisions.

11.5 The contractual acquisition contract is concluded via the product shop. The statutory requirements applicable to this regarding electronic commerce and distance selling, in particular the mandatory information immediately before the order is placed and the unambiguous labelling of the order button (“order subject to payment”, Section 312j (2) to (4) BGB) as well as the easily accessible termination option for continuing obligations concluded online (termination button, Section 312k BGB), are implemented in the product shop; details are governed by the GTC (Part A).

12. Liability

12.1 The Provider is liable without limitation

(a) for intent and gross negligence,

(b) for damage arising from injury to life, body or health,

(d) under the Product Liability Act (ProdHaftG).

12.2 In the case of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the User may regularly rely. In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.

12.3 Otherwise, the Provider’s liability for simple negligence is excluded.

12.4 The foregoing liability limitations do not apply in the cases of Section 12.1 and leave liability under mandatory law unaffected. Insofar as the Provider’s liability is limited or excluded, this also applies to the personal liability of its legal representatives, employees and vicarious agents.

12.5 Relationship to the rights in respect of defects. The fault-independent statutory rights in respect of defects and warranty (Section 11; Sections 327i et seq. BGB vis-à-vis consumers) remain unaffected by the liability limitations of this Section.

12.6 A change in the burden of proof to the detriment of the User is not associated with the foregoing provisions.

13. Term and Termination of the Licence

13.1 The term of the right of use subject to a fee is governed by the acquired plan and the licence token (Section 2). Upon the expiry of the subscription, the right of use subject to a fee ends automatically for program versions above the perpetual limit; the perpetual right (versions up to the limit) and any free restricted use continue to exist.

13.2 The Provider may extraordinarily terminate the rights of use granted under this EULA for good cause, in particular in the case of a serious or repeated breach of the use restrictions (Section 4), namely in the case of manipulation or circumvention of the licence token or the use lock. Before a termination, the Provider will, insofar as reasonable and necessary, set a reasonable period for remedy.

13.3 Upon termination of the licence under Section 13.2, the User must refrain from the use subject to a fee. The mandatory statutory minimum rights (Section 5) remain unaffected in any case and cannot be withdrawn even in the case of good cause. Any free restricted use also remains unaffected, unless the good cause lies precisely in its abuse.

13.4 The right to terminate the underlying acquisition or subscription contract (termination, withdrawal) is governed by the GTC (Part A) and the law; it remains unaffected by this Section. The online termination of a subscription concluded in the product shop is easily accessible via the product shop (Section 312k BGB).

14. Export and Sanctions Compliance

14.1 The use of the Software is subject to compliance with the applicable export, import and sanctions provisions, in particular of the European Union and, where applicable, of the United States.

14.2 The User warrants that they do not use, export, re-export or make the Software accessible contrary to such provisions to persons, organisations or countries that are subject to a relevant embargo or sanctions regime.

15. Audit / Proof of the Number of Seats (B2B/Enterprise Tiers Only)

15.1 Exclusively in the case of expressly designated B2B/Enterprise tiers (see respective schedule of services), the User is obliged to prove to the Provider, upon justified request, compliance with the licensed number of seats or the licensed units of use to an appropriate, data-protection-compliant extent. Decisive is the contractual number stored in the licence token (Section 2.4); a technical enforcement in the Software is not associated with this obligation to provide proof and is not asserted by it.

15.2 The proof is provided without access to local user or content data and is limited to the information required to verify licence conformity; it is to be provided primarily by self-disclosure of the User. A request may be made at most once per calendar year (additional requests only in the case of concrete indications of an overrun), must be announced with an appropriate advance notice period of at least 14 days and must be chosen in such a way that the User’s business operations are not unreasonably impaired.

16. Form of Declarations

16.1 Declarations of the Provider within the scope of this EULA require at least text form (Section 126b BGB), unless the law prescribes a stricter form. The same applies to declarations of entrepreneurs.

16.2 Vis-à-vis consumers, no stricter form than text form is required for declarations of the User (Section 309 no. 13 BGB). For statutorily form-free declarations of the consumer, in particular the withdrawal (Section 355 (1) BGB), which can be submitted by any clear declaration, no form requirement applies; the consumer can submit such declarations without any particular form (e.g. also orally or by telephone).

17. Applicable Law, Place of Jurisdiction and Consumer Arbitration

17.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

17.2 Vis-à-vis consumers, this choice of law applies only insofar as the consumer is not thereby deprived of the protection afforded to them by the mandatory provisions of the law of their state of habitual residence (Art. 6 (2) Rome I Regulation). The mandatory provisions of their state of residence that are more favourable to the consumer remain applicable.

17.3 An agreement on the place of jurisdiction is made only with merchants, legal persons under public law and special funds under public law (Section 38 ZPO). For these, the exclusive place of jurisdiction for all disputes arising from or in connection with this EULA is Frankfurt am Main. Statutory exclusive places of jurisdiction remain unaffected. Vis-à-vis consumers, the statutory places of jurisdiction apply.

17.4 Consumer arbitration (Section 36 VSBG). The Provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and does not participate in such a procedure.

18. Final Provisions; Relationship to the GTC and the Schedule of Services

18.1 Order of precedence and relationship to the GTC. In the event of contradictions between the documents, the following order applies, in each case only insofar as the contradiction extends and insofar as mandatory consumer protection law does not conflict: (1) mandatory statutory provisions, (2) the product-specific schedule of services (Part C), (3) this product-neutral EULA core (Part B, Sections 1 to 18), (4) the Provider’s GTC (Part A). For the contractual acquisition contract (price, payment, withdrawal, contract term, termination, rights in respect of defects), the GTC take precedence; this EULA governs in this respect exclusively the rights of use. The precedence of the GTC applies only insofar as they have been effectively incorporated into the contract, vis-à-vis consumers under Section 305 (2) BGB, vis-à-vis entrepreneurs under Sections 305a, 310 (1) BGB.

18.2 Severability clause. Should a provision of this EULA be or become invalid, the validity of the remaining provisions remains unaffected. Vis-à-vis consumers, the statutory provision takes the place of an invalid clause; a reduction that preserves validity to the maximum still permissible extent does not take place, invalid clauses lapse without replacement.

18.3 Amendments. Amendments to this EULA require text form. Vis-à-vis consumers, amendments only become effective in compliance with the statutory requirements; any fiction of consent applies only in conjunction with a right of objection, a reasonable period and a separate notice of the significance of silence (Section 308 nos. 4 and 5 BGB). Without these conditions, amendments only become effective vis-à-vis consumers with their express consent.

Part C: Product-Specific Schedules of Services

The product-neutral core (Part A and Part B) is specified for each product by a schedule of services. In the event of contradictions between the schedule of services and the product-neutral core, the order of precedence set out in Part B Section 18.1 applies.

C.1 Schedule of Services: sqlclient

C.1.1 Designation and platform. “The Software” within the meaning of this schedule of services is sqlclient, a native macOS client for the administration and use of databases (currently in production: MySQL/MariaDB; further engines in accordance with the activation and production availability). A compatible macOS system in the minimum version specified on the website (sqlclient.de) is required (interoperability and compatibility statement pursuant to Art. 246a Section 1 EGBGB). The Software is provided Apple-notarised and signed as a download (in future additionally via Homebrew).

C.1.2 Licence token format. Licensing takes place via an Ed25519-signed token in the format SQLC1.<payload>.<signature>, which is verified locally against the public key embedded in the Software (Part B Section 3).

C.1.3 Plans and scope of functions (writer seats). The plans Solo, Studio, Operate and Scale exist. The scope of functions and quantity unlocked per plan (including any function caps as well as the limit of permanently stored connections) results from the respective valid description of services of the acquired plan presented in the product shop and on sqlclient.de prior to the order. The number of licensed writer seats (seats) results from this description of services and the licence token and is a contractual quantity; a technical enforcement of the number of seats by the Software does not currently take place. Read use is unlimited and free of charge in all plans as well as at the Free/read-only level.

C.1.4 Trial and permanent read-only mode. Without a licence, sqlclient is available for testing in the full scope of functions for 30 days from the first start. After the expiry of the 30 days, the Software is not blocked but switches permanently and free of charge to the read-only mode: connecting and reading remain unlimitedly possible; write and chargeable functions are deactivated until a licence is acquired.

C.1.5 Prices. The prices shown in the product shop or on sqlclient.de at the time of the order per plan, form of acquisition and billing period apply. Vis-à-vis consumers, final prices including statutory value added tax (Section 3 PAngV) are shown, and in the clearly designated B2B area, net prices plus value added tax. In addition, the GTC (Part A) apply.

C.1.6 Engines. By default, the MySQL/MariaDB family is unlocked. Further engine families can be unlocked via the licence token but are only usable once they are provided in production by the Provider; an activation possible in the token does not establish an entitlement to engines not yet available in production. During the 30-day trial, all currently production-supported engines are available.

C.1.7 Functional online connections (relating to Part B Section 3.3). sqlclient establishes the following connections to the Provider’s servers for clearly delimited purposes:

(a) Auto-update retrieval shortly after the start against the Provider’s update endpoint (https://sqlclient.de/download/latest.json). This retrieval is active by default; update packages are signature-verified before installation. The retrieval can be deactivated in the settings of the Software.

(b) Manual online retrieval of the licence token, which is triggered exclusively by the User (button “Update online”) and takes place against the Provider’s licence endpoint (https://sqlclient.de/license).

(c) Opening the product shop (for sqlclient https://sqlclient.eu) in the default browser for purchase or activation.

With these connections, the User’s IP address is, for technical reasons, transmitted to the respective server; no tracking takes place (observe the privacy policy).

C.1.8 Security features and their limits. sqlclient supports SSH tunnels (via the system ssh implementation) as well as optionally SSL/TLS-secured database connections (including specification of a certificate authority/CA and a client identity). Important note on the TLS configuration: A verification of the server certificate against a certificate authority takes place only if the User stores a CA. If TLS is activated without specifying a CA, the Software accepts the server certificate without verification (acceptance of self-signed certificates, no domain/certificate check); in this constellation, there is no protection against man-in-the-middle attacks. If the connection is routed via an SSH tunnel, the hostname check of the server certificate is additionally omitted (connection to 127.0.0.1); any chain verification against a stored CA remains active. The selection, configuration and maintenance of these mechanisms, in particular the storage of a CA for an effective server certificate check, is incumbent on the User (Part B Section 10).

C.1.9 Local storage / iCloud sync. Connection and access data stored by the User are stored locally in an encrypted vault (encryption with AES-256-GCM; key derivation from a master password by means of PBKDF2-HMAC-SHA256 with 210,000 iterations; optional unlocking via Touch ID and the macOS keychain). The iCloud sync is available from the Studio plan, is opt-in and end-to-end encrypted; exclusively encrypted content (ciphertext) is synchronised together with the non-secret salt value via the User’s iCloud; the master password does not leave the device at any time. Conflict resolution takes place according to the “last-write-wins” principle; in the case of a differing salt, no overwriting takes place. Part B Section 9 applies in addition.

C.2 Schedule of Services: FoldMail

C.2.1 Designation and platform. “The Software” within the meaning of this schedule of services is FoldMail, a native e-mail client of Datargo GmbH. FoldMail is provided for the platforms macOS (from version 13, Ventura) as well as iOS and iPadOS (from version 16), in each case in the minimum version specified on the product website (interoperability and compatibility statement pursuant to Art. 246a Section 1 EGBGB). The provision takes place Apple-notarised and signed via the App Stores of the respective platform (App Store publisher: Datargo GmbH; program identifiers com.datargo.fold.mac and com.datargo.fold.ios) as well as, where offered, as a direct acquisition through the product shop.

C.2.2 Licence token format. Licensing takes place via a cryptographically signed token with the prefix FOLD1., which is verified locally against the public key embedded in the Software (Part B Section 3). The signature takes place according to the Ed25519 procedure used in the product shop, in accordance with the other Datargo Licensing products. Insofar as FoldMail does not yet carry out a client-side licence verification at the time of publication, the statements relating to licence verification in Part B Section 3 apply only from the activation of this function.

C.2.3 Plans, scope of functions and units of use. [TO BE DETERMINED: specific plan tiers of FoldMail (proposal: free basic mode as well as a chargeable Pro tier) together with their scope of functions and quantity.] [TO BE DETERMINED: definition of the licence-subject unit of use (proposal: per user seat or per mailbox, device-bound) as well as the delimitation of the chargeable from the free scope of functions.] Decisive for the scope of services included per plan is the respective valid description of services presented in the product shop and on the FoldMail product website prior to the order and the licence token; any number of seats or units of use is a contractual quantity.

C.2.4 Trial and any restricted mode. [TO BE DETERMINED: trial period of FoldMail (proposal: 30 days full version) and any permanently free restricted mode after its expiry. If FoldMail does not provide for such a mode, this is to be clarified here; the product-neutral statements on a restricted mode in Part A Section 3.4 and Part B Section 2.5 then apply only insofar as this schedule of services provides for such a mode.]

C.2.5 Prices. The prices shown in the product shop or on the FoldMail product website at the time of the order per plan, form of acquisition and billing period apply. Vis-à-vis consumers, final prices including statutory value added tax (Section 3 PAngV) are shown, and in the clearly designated B2B area, net prices plus value added tax. In addition, the GTC (Part A) apply.

C.2.6 Data flow and connected services. FoldMail processes e-mail content and connects to mail servers configured by the User as well as to a signed provider database. FoldMail establishes functional connections (i) to the mail servers configured by the User (IMAP, POP3, SMTP) and the associated OAuth endpoints of the respective providers (such as Google, Microsoft) for account connection, (ii) for the retrieval of the signed FOLD provider database for automatic server detection, (iii) for the retrieval of program updates and (iv) for the opening of the product shop for acquisition and licence administration. The retrievals of the provider database and of the program updates can be deactivated in the settings; the connections to the mail servers are required for the core function. With these connections, the User’s IP address is, for technical reasons, transmitted to the respective server; no tracking takes place. Part B Section 3.3 as well as the privacy policy apply in addition.

C.2.7 Cryptography and security features. FoldMail has its own cryptographic implementation for the end-to-end securing of messages, in particular S/MIME and OpenPGP. Supported are S/MIME (CMS via the Security framework of the operating system; own identity as .p12, import of recipient certificates) and OpenPGP (RFC 9580-compliant modern core with Ed25519, X25519 and AES as well as RSA for legacy keys; signing, encrypting, decrypting, verifying as well as key generation and import). The generation, safekeeping, backup and revocation of the private keys as well as the verification of the authenticity of third-party keys and certificates are incumbent on the User; the Provider has no access to private keys or passphrases. In the event of the loss of a private key or a passphrase, encrypted messages may become irretrievably unreadable. The selection, configuration and maintenance of these mechanisms is incumbent on the User (Part B Section 10).

C.2.8 Local storage; no iCloud synchronisation. Access and key data stored by the User are stored locally on the device in an encrypted storage. They are kept in the keychain of the operating system as well as in a locally encrypted storage and can be protected via the biometric authentication (Touch ID, Face ID) and the device protection of the operating system. FoldMail does not provide for an iCloud synchronisation service; the statements on synchronisation in Part B Section 9.3 do not apply to FoldMail. Part B Section 9 applies otherwise.

C.2.9 Adoption of the product-neutral core. Insofar as this schedule of services makes no deviating product-specific provisions, the product-neutral provisions of Parts A and B apply unchanged to FoldMail, in particular regarding freedom from telemetry, local storage, open-source and third-party components, updates, intellectual property, decompilation rights, liability, consumer rights as well as law and place of jurisdiction.

Authoritative language version

This document is provided in German, English and French. The English and French versions are translations provided solely for convenience. The German version is authoritative and solely binding in the event of any dispute or any difference of interpretation or translation.