Terms and Conditions

Last Updated: 19.02.2025

These Terms and Conditions (“Agreement”) govern your purchase, licensing, and use of Fusion Toolkit (“Software”), developed and maintained by Hufflelab Sàrl, a Swiss-based company (“Company”). By purchasing, installing, or using the Software, you agree to be bound by this Agreement.

1. Introduction

1.1 Company Information – Fusion Toolkit is a B2B software product developed and owned by Hufflelab Sàrl, a company registered in Switzerland.

1.2 No Affiliation with Oracle – The Software is independent of Oracle Corporation and is not affiliated, endorsed, or sponsored by Oracle.

1.3 Scope of Agreement – This Agreement governs the licensing, payment terms, software updates, and support for the Software.

1.4 Acceptance – By purchasing, downloading, installing, or using the Software, you confirm that you have read, understood, and agree to these Terms.

1.5 Survival of Terms Upon Termination – Upon termination of this Agreement, all rights granted to the Licensee shall cease immediately. However, obligations related to confidentiality, intellectual property rights, indemnification, and limitations of liability shall survive termination.

2. License Grant & Restrictions

2.1 License Type – The Software is provided under a subscription-based license on an annual basis.

2.2 Permitted Use – The license permits the Licensee (your company) to install and use the Software on its own infrastructure (local machine, servers, Kubernetes, etc.) for internal business operations only.

2.3 Prohibited Use – The Licensee must not:

  • Use the Software for resale, sublicensing, or redistribution to third parties.
  • Modify, reverse engineer, decompile, or disassemble the Software.
  • Use the Software in a manner that violates Oracle licensing agreements or circumvents Oracle’s access controls.

2.4 License Scope – The license is non-transferable and is granted only to the purchasing company.

3. Intellectual Property Rights

3.1 Ownership – The Software, including its source code, documentation, trademarks, and proprietary technologies, is the exclusive property of Hufflelab Sàrl.

3.2 No Transfer of Rights – This Agreement does not grant the Licensee any ownership rights over the Software. Licensees are granted a limited, non-exclusive, non-transferable license to use the Software as per Section 2.

3.3 Protection of Intellectual Property – The Licensee shall not remove, alter, or obscure any copyright, trademark, or proprietary notices within the Software.

4. Confidentiality

4.1 Confidential Information – The Licensee may gain access to confidential information, including license keys, security configurations, and proprietary software details.

4.2 Non-Disclosure Obligation – The Licensee shall not disclose, share, or distribute any confidential information related to the Software to third parties without prior written consent from the Company.

4.3 Data Privacy & Protection – The Company does not process or store any operational data generated by the Licensee through the Software. All operations remain within the Licensee’s infrastructure.

5. Payment & Subscription Terms

5.1 Pricing & Plans – The Software is available under the following plans:

  • Unlimited Plan (€3,990/year) – Full access to all features, no direct support.
  • Unlimited + Support (€6,990/year) – Includes email support, priority bug fixes, and troubleshooting assistance.

5.2 Billing & Renewal –

  • Subscriptions are billed annually in advance.
  • Auto-renewal applies unless canceled at least 30 days before the renewal date.
  • Payments are non-refundable once the license is activated.

5.3 License Activation – License keys are issued only after full payment confirmation.

6. Software Updates & Support

6.1 Software Updates –

  • Licensees with an active subscription receive regular updates (bug fixes, performance enhancements, security patches).
  • Updates do not include major new features that require additional licensing.

6.2 No Warranty –

The Software is provided “as is” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Software will be error-free, uninterrupted, or that it will meet the Licensee’s specific requirements.

6.3 Support Services –

  • Unlimited Plan: No direct support (self-service via documentation).
  • Unlimited + Support Plan:
    • Email support with a response time of 48 hours.
    • Priority bug fixes & feature requests.
    • Installation & configuration assistance.

6.4 Fair Use Policy for Support –

  • Support requests must be reasonable and within industry standards.
  • Excessive or repetitive support requests may require an upgraded support package.

7. Third-Party Dependencies Disclaimer

7.1 Oracle Cloud API Changes – The Software interacts with Oracle Cloud APIs. The Company is not responsible for disruptions caused by Oracle API updates, changes, or discontinuation.

7.2 External Software Compatibility – The Company does not guarantee compatibility with third-party software, plugins, or extensions unless explicitly stated.

8. Compliance Audit Clause

8.1 Right to Audit – The Company reserves the right to conduct a compliance audit (with prior notice) to verify that the Software is used in accordance with this Agreement.

8.2 Breach Consequences – If unauthorized use is discovered, the Licensee shall be required to pay the applicable fees and may be subject to license termination.

9. Indemnification Clause

The Licensee agrees to indemnify, defend, and hold harmless Hufflelab Sàrl against any claims, damages, or legal actions arising from:

  • Misuse of the Software in violation of Oracle Cloud policies.
  • Data loss or security breaches due to improper usage.
  • Unauthorized distribution or modification of the Software.

10. Limitation of Liability

The Company’s total liability under this Agreement, regardless of cause of action, shall not exceed the total amount paid by the Licensee in the 12 months preceding the claim. The Company shall not be liable for indirect, incidental, or consequential damages, including:

  • Business interruptions
  • Loss of profits
  • Operational failures due to external dependencies (Oracle API changes, server failures, etc.)

11. Force Majeure

Hufflelab Sàrl shall not be liable for delays or failures in performance due to causes beyond its control, including natural disasters, cyberattacks, government actions, or third-party service outages (e.g., Oracle Cloud disruptions).

12. Governing Law & Jurisdiction

12.1 Applicable Law – This Agreement shall be governed by and construed in accordance with the laws of Switzerland.

12.2 Dispute Resolution – Any dispute arising from this Agreement shall be resolved in the competent courts of Switzerland, unless an alternative resolution is mutually agreed upon.

13. Contact Information

For questions related to these Terms and Conditions, contact:

📧 Email: support@fusiontoolkit.com
📍 Company Address: Hufflelab Sàrl, Switzerland

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