End User License Agreement

Software End User License Agreement of Viingo GmbH

(End User License Agreement – „EULA“) Last Updated: July 21, 2021

1. Preamble 1.1. This document contains the software usage terms (also: „Terms“) between Viingo and software users, who are natural or legal persons that have acquired a software license directly from Viingo or from an authorized Viingo reseller (Distributor) or have been temporarily provided with it free of charge for testing purposes, e.g., for piloting, proof of concepts, and loan arrangements. The terms also apply to users who obtain Viingo Apps from third-party download portals (App Stores). 1.2. The software usage terms generally apply to all Viingo software products and software services. Any product-specific differing terms are available in accompanying documents on the download page of the respective software product. 1.3. By downloading, installing, and using Viingo software, users agree to comply with all provisions of these software usage terms. This is a prerequisite for the right to use Viingo software under these terms. 1.4. Users who do not agree with the terms in this document may not download, install, copy, or use Viingo software. The installation, copying, or use of Viingo software by users is considered implicit consent by Viingo. 1.5. In addition to these software usage terms, Viingo refers to the General Terms and Conditions (GTC) as an accompanying document in its latest version. The currently valid GTC are always available at www.reportly.app.These contain important provisions regarding contract conclusions with Viingo.

2. User License, License Termination 2.1. By installing, copying, or using Viingo software, Viingo grants users a non-exclusive, royalty-free, revocable, non-transferable, and limited license to use the Viingo software on user-end devices. 2.2. Users must immediately delete Viingo software from all end devices if they violate one or more provisions of the usage terms or accompanying documents or if they inform Viingo that they no longer agree with the content of the usage agreement or the GTC. 2.3. Except for the usage rights expressly granted in point 2.1, users have no other conceivable rights to the software.

3. Ownership, Copyright 3.1. All trademark rights, intellectual property, and patents remain with Viingo. Apart from the rights granted in point 2, Viingo does not grant users any other rights under patents, copyrights, trademarks, or information protected by trade secrets. 3.2. Reselling and sublicensing are generally prohibited for users. 3.3. Users are prohibited from making changes to or in Viingo software products. 3.4. Users may not circumvent protection mechanisms to copy (reverse engineer) or otherwise use Viingo software or parts of it. It is also prohibited to derive other works based on Viingo software or to decompile or reduce software components to a form readable by humans.

4. Special Provisions for Purchase Licenses 4.1. Authorized Viingo distributors and sales agents are explicitly instructed to inform users of the software usage terms before purchasing a Viingo software license. If this is demonstrably not done and the user does not agree with these terms, the user has the right to return the purchased license to the respective distributor or sales agent for a full refund.

5. User Obligations 5.1. The use of Viingo software does not obligate users to provide feedback on the software to Viingo. However, Viingo may use any user feedback on Viingo software received in the form of comments, messages, and through any other conceivable communication channels (e.g., forum entries, service and support calls, etc.) unrestrictedly, indefinitely, and free of charge for the improvement and development of Viingo software. Users cannot derive any claims, either implicitly or explicitly, from Viingo’s use of user feedback. Viingo is entitled to use user feedback directly or indirectly, reproduce it, license it (and sublicense it), sell it, or commercially exploit it. 5.2. Users may not submit feedback on Viingo software to Viingo that they know is subject to third-party intellectual property rights or other licensing terms. 5.3. Users agree to prevent unauthorized copying of Viingo software. 5.4. Users agree not to alter Viingo Dataspots without Viingo’s consent. 5.5. Users may not assign this usage agreement to third parties unless Viingo has given written consent. 5.6. Viingo does not enter into any kind of commercial partnership with users. Any kind of commercial cooperation (e.g., as a distributor or sales agent on behalf of Viingo) requires a separate written agreement with Viingo. 5.7. If no separate password assignment occurs at the time of registration or download, the user will receive the access data to the software product or SaaS service from Viingo or an authorized Viingo reseller. All usernames and passwords must be changed by the user to secure passwords. 5.8. If the respective Viingo software product has an email sending function, the user is obligated to always provide their correct identity and comply with the legal provisions of the EU General Data Protection Regulation in commercial communications (especially regarding advertising emails). 5.9. For security reasons, users are encouraged to always update downloadable Viingo software (apps) via the respective download portal (App Store) and use the latest version. 5.10. If the user violates the obligations under this usage agreement, the user will indemnify Viingo against third-party claims based on the adverse use of the software by them or their employees.

6. Data Protection 6.1. Viingo collects and stores personal data from users only to the extent necessary for legal and business obligations (legitimate interest) and as required to provide or fulfill contractually assured services. 6.2. If users process or store third-party personal data in Viingo software products, they confirm that they have acquired it in accordance with the EU General Data Protection Regulation and the Austrian Data Protection Act and are entitled to store it in Viingo software.

7. Limitation of Liability 7.1. Viingo disclaims any warranty and liability unless otherwise required by mandatory consumer protection provisions. 7.2. Viingo develops its products and services according to the current state of technology. This particularly concerns security-relevant aspects regarding encryption technologies and data storage in generally recognized secure server environments (especially Microsoft’s cloud services). 7.3. Users acknowledge that a completely error-free product status cannot be achieved, especially in software development. 7.4. Viingo does not guarantee uninterrupted service uptime. In the event of product updates, users will be informed in advance of any downtimes with reasonable notice. 7.5. During planned non-availability of Viingo software services (SaaS), users have no legal claim to outage or damage compensation. 7.6. Users acknowledge that connection issues during data synchronization can lead to data loss, but these are not causally related to Viingo or any Viingo-offered software product. The same applies to usability issues when handling Viingo products or system incompatibilities with user-side computer systems. 7.7. In any case, Viingo’s total liability in cases of gross negligence is limited to the net order value (net revenue per product license). The presence of gross negligence on the part of Viingo must be proven by the user. 7.8. Similarly, Viingo is not liable for damages not directly caused by Viingo services and products but by failures or defective software parts (code parts) in third-party products on which Viingo products and services are based. 7.9. Viingo’s liability for slight negligence and the replacement of consequential damages, pure financial losses, indirect damages, production downtime, financing costs, replacement energy costs, loss of energy, data, or information, lost profits, unrealized savings, loss of interest, and damages from third-party claims against the user is excluded. 7.10. Any claims for damages must be asserted by the user in court within 7 years of delivery, otherwise, they will be forfeited, unless the applicable statutory period ends earlier or longer periods are mandatorily applicable. This liability clause is also effective for all employees, subcontractors, and suppliers of the user and refers to Viingo’s liability from any legal reason. 7.11. Viingo is not liable for delayed deliveries and services resulting from circumstances beyond Viingo’s control. These include events caused by force majeure as well as delivery delays from suppliers and/or subcontractors.

8. Other Legal Provisions 8.1. Unless other mandatory legal provisions apply, Austrian law is exclusively applicable. The application of UN Sales Law is expressly excluded. 8.2. For services, the place of performance is generally Viingo’s headquarters unless other provisions have been agreed upon in writing with Viingo. 8.3. For SaaS products and software services, the place of performance is the first connection point to the Internet in the respective data center where the Viingo product or service is hosted. 8.4. This usage agreement is subject to Austrian law. 8.5. By using Viingo software, users acknowledge that damages may occur due to a violation of the usage agreement and the use of the software outside its intended use. Accordingly, Viingo is entitled at any time to assert claims for injunctive relief and damages. 8.6. Users agree to make every effort to reach an out-of-court settlement in the event of a dispute. If this is not possible, the competent court at Viingo’s headquarters (Regional Court Steyr) has jurisdiction. 8.7. If a provision in this usage agreement is found to be invalid or unenforceable by a competent court, only this provision will be invalid. The remaining usage agreement remains fully in force. 8.8. Changes or deviations from the usage terms require written form. This also applies to the waiver of the written form requirement. 8.9. This usage agreement replaces all previous usage agreements (last amendment date).

9. Confidentiality 9.1. The user agrees to keep any application data (code) confidential should they gain access to such information by chance, e.g., due to software defects („bugs“).

10. Severability Clause 10.1. Should any provision in this usage contract be invalid or become invalid, the validity of the other provisions remains unaffected. The contracting parties will replace the invalid provision with a valid provision that comes closest to the economic and legal meaning of the invalid provision.