Outbound Assistant App End User License Agreement

1. Parties

This End User License Agreement ("EULA") is a legal agreement between you (the "Licensee", "you") and Soufiane Boudarraja, Waldstr. 74, 65451 Kelsterbach, Hesse, Germany ("Licensor", "we", "us").

2. Scope and acceptance

This EULA governs your installation and use of the Outbound Assistant application and any related components, plugins, installers, updates, documentation, and bundled content that we provide (collectively, the "Software").

By downloading, installing, accessing, or using the Software, you agree to this EULA. If you do not agree, do not install or use the Software.

3. Relationship to other documents

This EULA is part of the Ecosystem policy framework and should be read together with:

· Terms and Conditions

· Privacy Policy

· Acceptable Use Policy (AUP)

· Licensing and Usage Rights Policy

· Digital Product Support and Retention Policy (where support is offered for Software access keys or downloads)

· Third Party Tools and Data Providers Annex

· Artificial Intelligence and Technology Innovation Statement

If you have a signed enterprise agreement, statement of work, order form, or other written agreement with us (a "Business Agreement") that covers the Software, that Business Agreement prevails over this EULA in case of conflict, but only for that specific engagement.

4. Definitions

· "Activation" means any license-key, token, account login, or entitlement method used to enable the Software or specific features.

· "Documentation" means user guides, manuals, configuration notes, and any related materials provided with the Software.

· "Output" means files, reports, recommendations, configurations, or other results generated by the Software from your inputs.

· "Third-Party Services" means platforms and tools not owned by us that may be integrated with or used alongside the Software (for example email systems, CRMs, outreach platforms, analytics tools, cloud storage, and AI services).

5. License grant

Subject to your compliance with this EULA and any applicable Business Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely for your internal business purposes or personal professional use (as applicable) during the license term.

Unless expressly agreed in writing, this license does not grant you any right to:

· Resell, rent, lease, sublicense, or distribute the Software to third parties.

· Make the Software available as a hosted service, bureau service, or managed service to third parties.

· Use the Software to build or support a competing product or service.

6. License term, devices, and activation

License duration, device limits, user limits, and feature entitlements are defined by the plan, order confirmation, or Business Agreement associated with your purchase or engagement. Access may require Activation.

You are responsible for:

· Maintaining the confidentiality of any license keys, tokens, or credentials.

· Ensuring only authorised users use the Software within the agreed limits.

· Not sharing keys or credentials beyond the scope of your license.

We may suspend or revoke Activation if we reasonably believe keys or credentials are being shared, abused, or used outside the licensed scope.

7. Restrictions

You must not, and must not permit others to:

· Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas or algorithms, except to the extent such restriction is prohibited by applicable law and only after providing us notice where legally required.

· Modify, translate, adapt, create derivative works of, or otherwise alter the Software, except where expressly permitted by us in writing.

· Remove, obscure, or alter any proprietary notices (copyright, trademark, attribution, or license notices).

· Bypass, disable, or interfere with security features, license checks, usage limits, telemetry controls, or update mechanisms.

· Use the Software to violate any law, third-party platform terms, or our Acceptable Use Policy (AUP).

8. Your data, inputs, and responsibility for compliance

You are responsible for your inputs, data sources, and how you use the Software. This includes ensuring that you have all rights, permissions, and lawful bases to process any personal data, contact data, or content you provide to the Software or process using the Software.

In particular, if you use the Software for outreach, marketing, or lead management, you are responsible for:

· Compliance with GDPR and applicable marketing laws, including lawful bases, transparency, and opt-out handling where required.

· Compliance with platform terms and anti-spam rules for any Third-Party Services you connect to.

· Configuring your workflows to avoid deceptive, misleading, or impersonation content.

9. AI-supported features and Output

The Software may include features that use AI-supported components or connect to AI services. Outputs may contain errors, omissions, or inaccuracies. You are responsible for reviewing Outputs before relying on them. Outputs are not professional advice (legal, financial, medical, or regulated advice).

You must not use AI-supported features or Outputs to:

· Generate or distribute deception, fraud, phishing, impersonation, or unlawful harassment.

· Process special categories of personal data (Article 9 GDPR) unless you have a lawful basis and appropriate safeguards and the feature is designed for that use.

· Make high-stakes decisions without appropriate human review.

10. Telemetry, diagnostics, and updates

To maintain security, reliability, and support, the Software may generate diagnostics such as error logs, performance metrics, and basic usage signals. Where we collect personal data through diagnostics, it is handled according to our Privacy Policy. If a Business Agreement includes a DPA, that DPA governs processing of Customer Data where we act as a Processor.

We may provide updates, patches, or new versions. Some updates may be required to continue using the Software safely. We may modify or discontinue features, provided that we do not materially reduce paid-for core functionality during an active paid term without a commercially reasonable justification (security, legal compliance, or third-party dependency).

11. Third-Party Services

The Software may integrate with or depend on Third-Party Services. You are responsible for your relationship with third parties, including accounts, fees, and compliance with their terms. We do not control and are not responsible for Third-Party Services, their availability, or their changes.

If Third-Party Services change, the Software may stop working fully or partially. We may provide reasonable adjustments, but we do not guarantee ongoing compatibility with all third-party changes.

12. Intellectual property

We and our licensors retain all right, title, and interest in and to the Software and Documentation, including all intellectual property rights. This EULA grants you a license to use the Software, not a sale of any rights.

You retain rights in your inputs and business data. You grant us a limited right to use your inputs and data solely to provide the Software and support, including to troubleshoot, secure, and improve the Software, consistent with the Privacy Policy and any applicable DPA.

13. Open-source and third-party components

The Software may include open-source or third-party components subject to separate license terms. Where required, we will make applicable notices available within the Software, Documentation, or in a separate notices file. Open-source licenses apply to the relevant components and do not grant rights to our proprietary Software.

14. Support

Support availability, response expectations, and any included support scope are defined by your plan, order confirmation, or Business Agreement. If no support is included, the Software is provided on an as-is basis without support obligations. Where support for downloads or access keys is offered, it is governed by the Digital Product Support and Retention Policy.

15. Fees, payment, and taxes

If the Software is provided for a fee, payment terms are defined in the applicable order confirmation or Business Agreement. Taxes (including VAT) may apply based on your location and status. Failure to pay applicable fees may result in suspension or termination of access.

16. Warranty disclaimer

To the maximum extent permitted by law, the Software is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or compatible with all systems or third-party services.

17. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, loss of revenue, loss of data, business interruption, or reputational harm arising out of or relating to the Software.

Our total liability under this EULA, for any claim arising out of or relating to the Software, is limited to the amount you paid for the Software in the twelve (12) months preceding the event giving rise to the claim. If you paid no fees, our total liability is limited to EUR 100.

Nothing in this EULA excludes or limits liability for intent, gross negligence, death or personal injury caused by negligence, or any liability that cannot be limited under applicable law.

18. Indemnity (limited)

You agree to indemnify and hold us harmless from and against claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your unlawful use of the Software, your violation of this EULA, your violation of third-party terms, or your infringement of third-party rights through your inputs or Outputs, to the extent permitted by law.

19. Termination

This EULA remains effective until terminated. We may terminate or suspend your license immediately if you materially breach this EULA, the AUP, or licensing limits, or if required to do so to comply with law or protect the Ecosystem.

Upon termination, you must stop using the Software and uninstall it, and destroy or delete all copies in your possession, except where retention is required by law. Sections intended to survive termination (including IP, disclaimers, limitation of liability, and governing law) survive.

20. Export control and sanctions

You must comply with applicable export control and sanctions laws when using the Software. You represent that you are not located in a jurisdiction subject to comprehensive sanctions that would prohibit access to the Software, and that you are not a prohibited or restricted party under applicable sanctions lists.

21. Governing law and jurisdiction

This EULA is governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a business user, the courts of Frankfurt am Main, Germany have exclusive jurisdiction for disputes arising from this EULA. If you are a consumer, mandatory consumer protection jurisdiction rules apply.

22. Changes to this EULA

We may update this EULA to reflect legal, operational, or technical changes. The "Last updated" date indicates when changes took effect. Material changes will be posted through our Websites. If you continue using the Software after an update becomes effective, you accept the updated EULA.

23. Contact

Questions about this EULA may be sent to:

Soufiane Boudarraja

Waldstr. 74, 65451 Kelsterbach, Hesse, Germany

Email: Soufiane.Boudarraja@soufbouda.com

Phone: +49 152 2717 9992