CanMe End User Licence Agreement (EULA)
for Cloud Area Network (CAN) software, including CanMe apps and appliance software
Version 2.0 · Effective August 2026
This document is a convenience translation of the German original. In the event of any discrepancy or dispute, the German version at https://www.canme.cloud/de/eula prevails.
IMPORTANT — READ BEFORE INSTALLING
This End User Licence Agreement ("Agreement") is entered into between CanMe GmbH, Albert-Einstein-Strasse 1, 95028 Hof, Germany ("CanMe") and the entity installing, deploying or using the Software ("Customer").
BY INSTALLING, COPYING, ACTIVATING OR USING THE SOFTWARE, THE CUSTOMER AGREES TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
Anyone installing the Software on behalf of an organisation represents that they are authorised to do so and to bind that organisation.
1. Scope; relationship to other agreements
1.1 Business use only. The Software is intended exclusively for use by entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. The Customer represents that it does not use the Software as a consumer. Provision to consumers is not permitted without CanMe's prior consent in text form and adapted terms.
1.2 Intended deployment. The Software is a component of a Cloud Area Network operated by an organisation. Without enrolment in a CAN operated by the Customer, the Software performs no function.
1.3 Order of precedence. In the event of conflict, the following order applies: 1. an Order Form or individual agreement signed between CanMe and the Customer; 2. a separately concluded data processing agreement (DPA) and a separately agreed SLA; 3. a separately signed master or partner agreement; 4. the General Terms and Conditions of CanMe GmbH (https://www.canme.cloud/en/terms); 5. this Agreement; 6. the Documentation.
The Customer's purchasing terms do not apply.
1.4 Acquisition through third parties. Where the Customer has obtained the Software through a reseller, distributor or app platform, the commercial terms are governed by the agreement with that third party. The right to use the Software is nevertheless granted to the Customer directly by CanMe under this Agreement. Third parties are not authorised to make representations, warranties or deviating licence terms on behalf of CanMe.
2. Definitions
| Term | Meaning |
|---|---|
| Software | All programs supplied by CanMe in object code, including client applications, controller, edge and administration components and software pre-installed on Appliances, in each case including updates, upgrades and patches. |
| Documentation | The manuals, installation, operating and security instructions and technical specifications provided by CanMe in their current version. |
| Licence Scope | The functional and quantitative scope determined by Licence Key, subscription tier or Order Form (e.g. identities, endpoints, nodes, sites). |
| Customer Environment | All infrastructure, networks, systems, endpoints and connectivity in or on which the Customer operates the Software. |
| Telemetry | Operational and metadata transmitted by the Software to CanMe for licence validation, security, diagnostics and product improvement; excluding the content of the Customer's network traffic. |
| Tenant | A logically separate CAN core installation of the Customer; a Tenant constitutes one isolated security domain. |
| Trial | A time-limited, no-charge provision for evaluation purposes. |
3. Grant of rights
3.1 Subscription licence. Subject to compliance with this Agreement and payment of the fees due, CanMe grants the Customer, for the duration of the active subscription, a non-exclusive, non-transferable, non-sublicensable right to install the Software within the Licence Scope in the Customer Environment and to use it for its own internal business purposes in accordance with the Documentation.
3.2 Client applications. Client applications may be installed on endpoints owned or controlled by the Customer and — under a BYOD policy for which the Customer is responsible — on endpoints of its Users. The number of installations is limited by the Licence Scope.
3.3 Trial licence. If the Software is installed without a valid paid Licence Key or in a configuration designated as evaluation, it is deemed provided for trial purposes. Clause 11 applies.
3.4 Backup copies. The Customer may make a reasonable number of backup copies.
3.5 No source code. There is no entitlement to the source code.
3.6 Ownership. The Software is licensed, not sold. CanMe and its licensors retain all rights in the Software, the Documentation, trademarks and all further developments.
4. Use restrictions
The Customer shall not:
4.1 reproduce, adapt, translate or create derivative works of the Software beyond the Licence Scope;
4.2 reverse engineer, decompile or disassemble the Software. § 69e of the German Copyright Act (UrhG) and other mandatory statutory rights remain unaffected. Before taking measures under § 69e UrhG, the Customer shall request the necessary interface information from CanMe, allowing a reasonable period for response;
4.3 rent, lease, lend, sell, sublicense, pledge or otherwise make the Software or Licence Keys available to third parties;
4.4 use the Software to provide services to third parties, in particular managed services, outsourcing, service bureau, hosting or SaaS offerings, unless expressly permitted in a separate partner agreement;
4.5 circumvent, disable or manipulate Licence Keys, usage limits, licence validation, security functions or other technical protection measures;
4.6 remove, obscure or alter copyright, trademark or other proprietary notices, marks or references to CanMe;
4.7 use the Software to develop a competing product, or publish the results of benchmarks or performance comparisons without CanMe's prior consent in text form;
4.8 use the Software in a way that disrupts, overloads or gains unauthorised access to systems, networks or services; that transmits unlawful, harmful or infringing content; that distributes malware; that participates in botnets or denial-of-service attacks; or that circumvents third-party security measures without authorisation;
4.9 use the Software in violation of third-party rights, of agreements with third parties, or of applicable law.
4.10 Attribution. The Customer shall ensure compliance with these restrictions by all Users and third parties it engages, and is responsible for their conduct as for its own.
5. Responsibility for deployment and operation
5.1 Self-operation. The Customer builds and operates the CAN on its own responsibility in the Customer Environment. CanMe does not operate the Customer's CAN and has no influence on its availability.
5.2 The following fall within the Customer's sole responsibility: provision and security of infrastructure; internet connectivity and bandwidth; required firewall, NAT and routing permissions; power supply and physical site security; time synchronisation and name resolution; connection and operation of the identity provider; creation, testing and approval of access policies; backup and contingency planning; logging and monitoring; timely application of provided updates; and compliance with all regulatory requirements applicable to the Customer.
5.3 Key material. The Customer is responsible for the secure custody, backup and recoverability of all key material, all identities and all recovery secrets. By design, CanMe cannot recover the Customer's lost key material. Loss of key material may result in complete and permanent loss of access to the CAN.
5.4 No availability commitment. CanMe does not owe availability of the CAN. Availability commitments exist only where expressly agreed in a separate SLA for components operated by CanMe.
5.5 No compliance commitment. The Software is one security component among several. It replaces neither a security concept nor the Customer's obligation to implement appropriate technical and organisational measures. CanMe does not warrant that use of the Software prevents attacks or achieves compliance with the Customer's regulatory obligations (in particular NIS-2, KRITIS, GDPR).
6. Updates, support and product lifecycle
6.1 During an active, paid subscription, CanMe continuously provides updates to the Software, including security updates and functional updates — irrespective of whether an additional support package has been booked; installation is the Customer's responsibility. The handling of fault reports (support) is governed by the support package booked in accordance with the support policy at https://www.canme.cloud/en/support; support requires an active, paid subscription and operation in accordance with the Documentation.
6.2 Unless otherwise agreed, CanMe supports the current major version (N) and the immediately preceding major version (N-1).
6.3 Security updates. CanMe provides security updates for the period published per product version in the support policy (https://www.canme.cloud/en/support), and in any event for at least five (5) years from the placing on the market of that version. End of support is announced at least twelve (12) months in advance.
6.4 The Customer shall apply security updates within a period appropriate to their criticality. If it fails to do so, warranty and support claims lapse in respect of faults thereby caused.
6.5 Vulnerabilities. Security vulnerability reports should be sent to security@canme.cloud. The Customer shall treat vulnerability information as confidential until coordinated publication and shall inform CanMe without undue delay of vulnerabilities in the Software of which it becomes aware.
6.6 CanMe may further develop and adapt the Software. Material functions of the service description may not be discontinued without replacement during the term of a subscription.
7. Telemetry and licence validation
7.1 The Software may communicate with CanMe systems to validate licences, verify subscription status, deliver security notices and updates, and transmit aggregated usage and error data.
7.2 CanMe does not collect the content of the Customer's network traffic through Telemetry. The nature, scope, purpose and retention period of Telemetry data, and the options for restricting it, are described in the Product Privacy Notice at https://www.canme.cloud/en/support.
7.3 The control component (Core) requires an internet connection to CanMe's services for licence validation, updates and operation; providing this connection is the Customer's responsibility. Operation in air-gapped environments is not covered by this Agreement and requires a separate agreement. The Customer may not disable or circumvent licence validation functions unless expressly permitted by CanMe.
7.4 CanMe may use aggregated and anonymised analyses that permit no inference as to the Customer or any individual, without time limit, for product improvement.
8. Licence records and verification
8.1 The Customer shall keep records of actual use relative to the Licence Scope and retain them for the term plus two (2) years.
8.2 CanMe may verify compliance no more than once in any twelve-month period. CanMe will first request a self-certification in text form. Any further verification takes place on at least thirty (30) days' notice, during normal business hours and with the least possible disruption.
8.3 If verification reveals excess use, the Customer shall promptly acquire the additional licences required, retroactive to the date of first excess use. If the excess exceeds five per cent (5 %), the Customer bears the reasonable costs of verification.
8.4 Verification is carried out subject to confidentiality. No access to the Customer's productive data takes place.
9. Intellectual property; open source
9.1 CanMe warrants that contractual use of the Software within the Federal Republic of Germany and the other Member States of the European Economic Area does not infringe third-party intellectual property rights. § 23 of the General Terms applies accordingly to indemnification and its conditions.
9.2 The Software contains third-party components licensed under open source or other third-party licences. The applicable licence texts and copyright notices are delivered with the product and additionally accessible to customers in myCanMe (my.canme.cloud). Where open source licence terms take precedence, they prevail for the component concerned. Third-party licences do not extend the Customer's rights in the proprietary components of the Software.
9.3 CanMe's trademarks, logos and signs may not be used without prior consent in text form. Reference to them in an accurate description of the products deployed remains permitted.
10. Warranty
10.1 CanMe warrants that, on delivery, the Software materially conforms to the service description and the Documentation. Insignificant deviations do not give rise to warranty claims. The Customer acknowledges that, according to the state of the art, software cannot be produced entirely free of errors.
10.2 Defects shall be notified in text form without undue delay after discovery, stating symptoms, version levels and reproduction steps.
10.3 Remedy is effected at CanMe's option by rectification or replacement; this includes the provision of a reasonable workaround or a new program release.
10.4 There are no warranty claims to the extent the defect is based on: use outside the Documentation or the specified system requirements; unapproved modifications; third-party software, hardware or services; failure to apply provided updates; or faults in the Customer Environment.
10.5 Legal classification. The time-limited provision of the Software against recurring fees (subscription) is governed by the German law of leases (§§ 535 et seq. BGB), even where the Software is operated in the Customer Environment. CanMe's no-fault (strict) liability for defects already existing at the time of contract conclusion under § 536a(1), 1st alternative, BGB, and the Customer's right of self-remedy under § 536a(2) BGB, are excluded. §§ 536b and 536c BGB remain unaffected. CanMe's obligation to maintain the contractual condition during the subscription term is discharged by the provision of updates and fixes in accordance with the support policy.
10.6 No perpetual licences. Perpetual licences are not offered; all rights of use are limited to the term of the relevant subscription or Commitment Plan. Claims arising from fraudulently concealed defects, claims under a guarantee and claims for damages under clause 12.1 remain unaffected; the statutory periods apply to them.
10.7 Further implied warranties, in particular as to fitness for a particular purpose or uninterrupted usability, are excluded to the extent permitted by law.
11. Trials
11.1 Trial licences are provided via the CanMe portal (myCanMe). The term is thirty (30) days from provision. Extension, and a repeat trial for the same Tenant, are excluded. Deviating proof-of-concept arrangements require CanMe's express confirmation in text form.
11.2 During a Trial, use is permitted solely for internal evaluation. Any productive, commercial or third-party-facing use is prohibited.
11.3 For services provided free of charge: the Software is provided without warranty and without any availability or support commitment. CanMe's liability is limited to clause 12.1 and to intent and gross negligence.
11.4 A Trial may be terminated by either party at any time on one (1) day's notice in text form. On expiry the Customer shall cease use and delete all copies; it shall confirm this in text form on request.
12. Liability
12.1 Unlimited liability. CanMe is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, to the extent of any guarantee assumed, and under the Product Liability Act and other mandatory statutory liability regimes.
12.2 Simple negligence. In the case of simple negligence, CanMe is liable only for breach of a material contractual obligation, i.e. an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. Liability is then limited to the foreseeable damage typical for this type of contract.
12.3 Cap. Liability under clause 12.2 is limited to 100 % of the fees paid by the Customer for the affected deliverable in the twelve (12) months preceding the event giving rise to liability, but not less than EUR 50,000 and not more than EUR 500,000 per incident, and to twice that amount for all incidents in a contract year.
12.4 Loss of data. For loss of data, CanMe's liability under clauses 12.2 and 12.3 is limited to the effort that would have been required for restoration had the Customer maintained proper and regular backups. Clause 5.3 remains unaffected.
12.5 Exclusions. Outside clause 12.1, CanMe is not liable for lost profit, lost savings, business interruption, reputational damage, third-party claims or indirect damage, unless such damage qualifies as foreseeable damage typical for this type of contract under clause 12.2. Contributory fault on the part of the Customer, in particular breach of clauses 5 and 6.4, shall be taken into account.
12.6 These limitations also apply for the benefit of CanMe's legal representatives, employees and vicarious agents. They entail no change in the burden of proof to the Customer's detriment.
13. Prohibited use; high-risk applications
13.1 The Software is not designed, tested or approved for applications in which a malfunction may directly cause death, personal injury or severe environmental damage, in particular not for the operation of nuclear facilities, air traffic control and flight guidance systems, life-support systems, emergency response infrastructure or weapons systems. Use in such environments is entirely at the Customer's own risk.
13.2 In the event of a material breach of clause 4 or clause 13.1, CanMe may suspend licence validity and terminate this Agreement extraordinarily following a warning and grace period. Where material damage is imminent or where required by law, suspension may occur without a prior grace period; CanMe will inform the Customer without undue delay.
14. Export control and sanctions
14.1 The Software contains encryption technology and is subject to the export, transfer and sanctions rules of the European Union, the Federal Republic of Germany and, where applicable, other states.
14.2 The Customer represents that it is not located in a country subject to an embargo, that it is not listed on applicable sanctions lists, and that it will not use, export, re-export or transfer the Software in violation of export or sanctions rules.
14.3 Use for armaments, nuclear, chemical or biotechnology purposes is prohibited.
15. Confidentiality
15.1 The Customer shall treat CanMe's non-public information as confidential — in particular source code, configurations, security architectures, software bills of materials (SBOM), vulnerability information, test results, prices and contract contents — and use it solely for the purposes of this Agreement.
15.2 Access is limited to persons who require the information and are subject to a corresponding confidentiality obligation.
15.3 The obligation does not apply to information which is generally known or becomes so without breach, which was already lawfully known to the Customer without a confidentiality obligation, which it lawfully obtained from a third party without a confidentiality obligation, which was independently developed, or which must be disclosed under mandatory legal or official order.
15.4 The obligations survive for the term of this Agreement and three (3) years thereafter; for trade secrets within the meaning of the German Trade Secrets Act, without time limit.
16. Data protection
16.1 The Customer is the controller within the meaning of Art. 4(7) GDPR for the processing of personal data within the CAN it operates. By design, CanMe has no access to that processing unless expressly commissioned to provide a support or operational service.
16.2 CanMe is the controller for the processing of data for the establishment and performance of the contractual relationship, for licence validation and for product and security improvement. Details are set out in the Product Privacy Notice at https://www.canme.cloud/en/privacy (separate from the website privacy policy). This is also the privacy URL to be provided to app platforms.
16.3 Where CanMe processes personal data on the Customer's behalf, the Data Processing Agreement at https://www.canme.cloud/en/dpa applies.
16.4 The Customer shall ensure that it has the required legal basis and that it properly informs data subjects, in particular its employees. Assessment of co-determination requirements (in particular § 87(1) no. 6 of the German Works Constitution Act) is the Customer's responsibility. CanMe provides an information module on request.
17. Feedback
Where the Customer submits suggestions, ideas or improvement proposals, CanMe may use and exploit these free of charge and without limitation in time or territory. The Customer is not obliged to provide feedback. This does not release any of the Customer's confidential information.
18. Term and termination
18.1 This Agreement applies for the duration of the relevant subscription or Trial.
18.2 Either party may terminate for cause. Cause exists for CanMe in particular in the event of a material breach of clauses 4, 13 or 14 that is not remedied within thirty (30) days of a warning in text form.
18.3 The right of use ends on termination. The Customer shall cease use, uninstall the Software and delete or destroy all copies including backup copies; it shall confirm this in text form on request.
18.4 Clauses 4, 8, 9, 12, 14, 15, 16, 17 and 19 survive termination.
19. Final provisions
19.1 The Customer may assign this Agreement only with CanMe's prior consent in text form. Assignment to an affiliate or to a successor in the context of universal succession or an acquisition of substantially all assets is permitted where the assignee assumes all obligations.
19.2 CanMe may amend this Agreement with effect for the future in accordance with § 34 of the General Terms.
19.3 The laws of the Federal Republic of Germany apply, excluding the CISG and conflict-of-law rules.
19.4 The exclusive place of jurisdiction is Hof, Germany, where the Customer is a merchant, a legal entity under public law or a special fund under public law. CanMe is also entitled to sue at the Customer's general place of jurisdiction. Nothing prevents either party from seeking interim relief from any court of competent jurisdiction.
19.5 Should any provision be or become invalid or unenforceable, the validity of the remaining provisions is unaffected; the statutory provision applies in place of the invalid provision.
19.6 Where this Agreement requires written form, text form under § 126b BGB is sufficient.
Annex 1 — Supplementary terms for acquisition through app platforms
This Annex applies in addition where the Software is obtained through a third-party application platform ("Platform Operator"). In the event of conflict, this Annex prevails over the main body of this Agreement for the platform concerned.
A. Terms for acquisition through the Apple App Store
The following provisions are included at the request of Apple Inc. ("Apple"). The Customer and CanMe agree:
A.1 Parties. This Agreement is concluded solely between the Customer and CanMe, and not with Apple. CanMe, not Apple, is solely responsible for the Software and its content.
A.2 Scope of licence. The licence granted to the Customer is limited to a non-transferable licence to use the Software on Apple-branded devices that the Customer owns or controls, as permitted by the Apple Media Services Terms and Conditions. The Software may be made accessible to other accounts via Family Sharing or volume purchasing where Apple permits.
A.3 Maintenance and support. CanMe is solely responsible for providing maintenance and support for the Software. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
A.4 Warranty. In the event of any failure of the Software to conform to any applicable warranty, the Customer may notify Apple, and Apple will refund any purchase price paid for the Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of CanMe.
A.5 Product claims. CanMe, not Apple, is responsible for addressing any claims of the Customer or any third party relating to the Software or the Customer's possession and/or use of the Software, including but not limited to (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the Software's use of the HealthKit and HomeKit frameworks. This Agreement does not limit CanMe's liability to the Customer beyond what is permitted by applicable law.
A.6 Intellectual property rights. In the event of any third-party claim that the Software or the Customer's possession and use of the Software infringes that third party's intellectual property rights, CanMe, not Apple, is solely responsible for the investigation, defence, settlement and discharge of any such claim.
A.7 Legal compliance. The Customer represents and warrants that (i) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) it is not listed on any U.S. Government list of prohibited or restricted parties.
A.8 Developer name and address. Questions, complaints and claims regarding the Software should be directed to: CanMe GmbH, Albert-Einstein-Strasse 1, 95028 Hof, Germany, hello@canme.cloud (legal matters: legal@canme.cloud), +49 30 520041516. Technical support for customers is provided via the ticket system at my.canme.cloud.
A.9 Third-party terms of agreement. The Customer must comply with applicable third-party terms of agreement when using the Software, in particular the terms of its wireless data service plan.
A.10 Third-party beneficiary. The Customer and CanMe acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon the Customer's acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the Customer as a third-party beneficiary.
B. Terms for acquisition through Google Play and other platforms
B.1 Where the Software is obtained through Google Play, the Microsoft Store or another platform, the terms of use of the relevant Platform Operator apply in addition to procurement, billing and delivery.
B.2 The Platform Operator is not a party to this Agreement, owes no maintenance or support for the Software, and gives no warranty and accepts no liability for the Software.
B.3 The Customer must comply with the applicable terms of the Platform Operator and of its wireless data service plan when using the Software.
B.4 Where mandatory requirements of a Platform Operator conflict with this Agreement, the Platform Operator's mandatory requirements prevail for the platform concerned; this Agreement is otherwise unaffected.
CanMe GmbH Albert-Einstein-Strasse 1, 95028 Hof, Germany Managing Director: Frederik Schmidt · Local court of Hof, HRB 6912 · VAT ID DE367881093 hello@canme.cloud · legal@canme.cloud · security@canme.cloud · +49 30 520041516