Terms and Conditions

§ 1 Scope

These Terms and Conditions govern all contracts for the use of the software UPS Hyper-V Shutdown Monitor between 247-IT (hereinafter "Provider") and the licensee (hereinafter "Customer").

Conflicting or deviating conditions of the Customer shall not be recognised unless the Provider has expressly agreed to them in writing.

The offer is directed exclusively at businesses (entrepreneurs within the meaning of § 14 of the German Civil Code, BGB), legal entities under public law and special funds under public law. No contracts are concluded with consumers within the meaning of § 13 BGB. By purchasing, the Customer confirms that it is acting in the course of its trade, business or profession. A statutory consumer right of withdrawal therefore does not apply.

§ 2 Subject Matter

The Provider makes the software UPS Hyper-V Shutdown Monitor available to the Customer as a binary program. The software is designed to monitor uninterruptible power supplies (UPS) via SNMP or NUT and to perform an automatic, orderly shutdown of Microsoft Hyper-V hosts and virtual machines in the event of a power failure.

§ 3 Trial Version

1. The Provider makes the software available free of charge and fully functional as a trial version for a period of 30 days.
2. The trial version is tied to the hardware ID of the device on which it is first launched. No extension of the trial period is provided.
3. After the 30-day trial period expires, the core functions (UPS monitoring and emergency shutdown) are completely disabled until a paid licence is activated.
4. No registration is required to use the trial version. The trial period starts automatically on first launch.

§ 4 Licence Model and Pricing

1. After the trial period, a paid licence in one of the Standard, Pro, or Enterprise editions must be purchased.
2. Current editions and prices are publicly listed at upsmonitor.de/en/#editions. Purchases are made online through Polar (Polar Software Inc.), which acts as reseller (Merchant of Record): Polar is the contracting party for purchase, payment and invoicing, and Polar's terms apply to these in addition (polar.sh/legal/terms). The rights to use the software are granted by the Provider under these Terms. The licence key is issued automatically once payment is received.
3. Each licence is a one-time licence, bound to the hardware ID of one activating device, and entitles that device to manage an unlimited number of Hyper-V hosts and additional servers.
4. Licences are exclusively perpetual — no subscription, no recurring costs. The licence entitles the holder to use the version of the software current at the time of purchase indefinitely. Security updates are free of charge (see § 8); new features in future versions may be subject to an additional fee.

§ 5 Licence Activation and Management

1. Each licence is bound to a hardware ID. The Customer can deactivate the licence themselves via the "Remove Licence" function in the application and then activate the licence key on another device.
2. Activation requires an internet connection to the licence server operated by our service provider Polar. After successful activation, limited offline operation is possible.
3. Periodic online validation (every 30 days) is required. A grace period of 7 days applies if the licence server cannot be reached.

§ 6 Rights of Use

1. The Provider grants the Customer a non-exclusive, non-transferable right to use the software within the scope of the licence purchased.
2. Decompiling, disassembling, reverse engineering, or any other attempt to obtain the source code of the software is prohibited.
3. Redistribution, sublicensing, or resale of the licence is prohibited without the express written consent of the Provider.
4. The software may only be used for its intended purpose. Use in safety-critical environments is at the Customer's own risk.

§ 7 Warranty and Liability

1. The Provider warrants that the software substantially conforms to its documented functions. Complete freedom from errors is not guaranteed.
2. The Provider's liability for damages is limited to intent and gross negligence. Liability for indirect damages, loss of profit, or data loss is excluded to the extent permitted by law.
3. The Provider is not liable in particular for damages arising from an emergency shutdown that was not executed or was executed incorrectly. The Customer is obliged to test the software sufficiently before using it in a production environment (test mode available).
4. The limitations of liability do not apply in cases of injury to life, body, or health, or in claims under the German Product Liability Act.

§ 8 Updates and Support

1. Updates are provided via the integrated updater. The Provider provides security updates that fix known vulnerabilities free of charge (see Security). Otherwise, the Provider is not obliged to provide updates at any particular frequency.
2. Support is provided by email at . No guaranteed response times apply unless otherwise agreed.

§ 9 Data Protection

Information on the processing of personal data can be found in the Privacy Policy.

§ 10 Final Provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction for all disputes is, insofar as the Customer is a merchant, a legal entity under public law, or a special fund under public law, the registered seat of the Provider.
3. Should individual provisions of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
4. The Provider reserves the right to amend these Terms and Conditions with reasonable notice. Existing customers will be informed of material changes.