Terms of Use¶

enconf — End User License Agreement (EULA)

Effective: April 2026

1. Scope¶

These Terms of Use (hereinafter "Terms") govern the use of the software enconf (hereinafter "Software") between

NetCell-IT Owner: Felix Netzel In der Wueste 23a 51381 Leverkusen, Germany VAT ID: DE254333925 Email: info@netcell-it.de

(hereinafter "Provider")

and the customer (hereinafter "Licensee").

By installing, accessing, or using the Software, the Licensee agrees to these Terms. If the Licensee does not agree to these Terms, the Software may not be installed or used.

2. Subject Matter¶

2.1. The Provider grants the Licensee a non-exclusive, non-transferable, revocable right to use the Software in accordance with the acquired license model.

2.2. The Software is delivered as a compiled binary (.deb package). The source code is not part of the license and is not provided.

2.3. The scope of features, the permissible number of managed resources (websites, customers, domains, etc.), and additional features depend on the acquired license type. The current license models and their scope are available at https://zkm.netcell-it.com.

3. License and Usage Rights¶

3.1. The license entitles the Licensee to install and operate the Software on the number of servers specified in the license key.

3.2. Permitted:

Installation and operation of the Software within the scope of the acquired license
Use of the white-label feature (if included in the license type) to customize the appearance
Provision of the Software's features to the Licensee's own end customers (web hosting)

3.3. Not permitted:

Decompilation, reverse engineering, or disassembly of the Software
Reproduction, distribution, or sublicensing of the Software or the license key to third parties
Removal or circumvention of license checks, copy protection mechanisms, or security features
Use of the Software beyond the licensed scope (e.g., more servers than licensed)
Public disclosure of the license key

3.4. A violation of Section 3.3 entitles the Provider to immediately deactivate the license without refund.

4. Reseller Programs¶

4.1. The Provider offers special Reseller Licenses that allow the Licensee to resell the Software under their own brand name (White-Label) to their end customers.

4.2. Use of the Reseller functionality requires a license type that explicitly includes Reseller features. The available Reseller programs and their terms are available at https://zkm.netcell-it.com.

4.3. Reseller rights include:

Use of the White-Label feature (custom panel name, logo, colors, custom domain)
Creation and management of own customers under the Reseller account
Assignment of custom packages and quotas to end customers according to the acquired Reseller plan
Custom branding in email notifications sent to end customers

4.4. Reseller obligations:

The Reseller is solely responsible for support, billing, and contractual arrangements with their end customers
The Reseller may not sublicense or transfer the software license to third parties — only the use of the Software's features by end customers is permitted
The Reseller is liable to the Provider for compliance with these Terms by their end customers
The maximum number of manageable customers, websites, and resources is determined by the acquired Reseller plan

4.5. The Provider reserves the right to immediately deactivate Reseller licenses in the event of a breach of these Terms or misuse of the Reseller functionality.

5. License Validation and Data Transmission¶

5.1. The Software performs automatic license validation. The following data is regularly transmitted to the Provider's license server:

Hardware identifier (anonymized server identifier)
Server IP address
Installed software version

5.2. This data is used exclusively for license validation and to prevent license abuse. No data is shared with third parties.

5.3. Customer data (data of the Licensee's end customers) is not transmitted to the license server. All customer data remains exclusively on the Licensee's servers.

5.4. If the Licensee processes personal data through the Panel, the Licensee is the data controller under the GDPR and must independently comply with applicable data protection regulations.

6. Updates and Maintenance¶

6.1. During the license term, the Licensee receives access to software updates (bug fixes, security patches, and feature enhancements) through the provided APT repository.

6.2. The Provider endeavors to provide regular updates but does not guarantee specific update intervals or the scope of individual updates.

6.3. After expiration or termination of the license, access to updates ceases. Previously installed versions can no longer be used (see Section 9).

7. Support¶

7.1. The Provider provides technical support on a best-effort basis. No guaranteed response or resolution times (no SLA) are provided.

7.2. Support is provided exclusively through the channels provided by the Provider (email, ticket system).

7.3. The scope of support is limited to the Software itself. Assistance with the configuration of third-party software (operating system, web server, databases) is not included in the support unless explicitly agreed upon.

8. Disclaimer of Liability and Warranty¶

8.1. The Software is provided "as is". The Provider makes no warranty regarding the suitability of the Software for a specific purpose, freedom from defects, or uninterrupted availability.

8.2. The Provider is not liable for:

Data loss on the Licensee's servers
Damage caused by improper use or configuration of the Software
Damage caused by third-party software, operating system updates, or hardware failures
Indirect damages, lost profits, or business interruptions
Damage resulting from non-compliance with the documentation

8.3. To the extent that liability cannot be excluded by law (intent, gross negligence, breach of essential contractual obligations), the Provider's liability is limited to the amount the Licensee has paid in license fees in the 12 months preceding the damaging event.

8.4. The Licensee is solely responsible for regular backups of their data.

9. Term and Termination¶

9.1. The contract term is determined by the acquired license model (monthly, annually, or as specified in the order process).

9.2. Termination is governed by the terms of the respective license model. Details can be found in the order process or the customer portal at https://zkm.netcell-it.com.

9.3. Upon expiration or termination of the license, the license key will be deactivated. The Software can no longer be used thereafter. The Licensee is solely responsible for backing up and migrating their data before the license expires.

9.4. The Provider is entitled to immediately deactivate the license in the event of a breach of these Terms.

10. Intellectual Property¶

10.1. All rights to the Software, including copyright, trademark rights, and trade secrets, remain with the Provider.

10.2. The granting of a license does not transfer any ownership rights in the Software to the Licensee.

10.3. The designations "NetCell," "enconf," and the NetCell logo are trademarks of the Provider and may not be used without written permission — except for the white-label feature, which allows customization of the visible appearance.

11. Data Protection¶

11.1. The Provider processes personal data of the Licensee (name, email, billing address) exclusively for contract fulfillment and billing pursuant to Art. 6(1)(b) GDPR.

11.2. The license validation described in Section 5 is based on the Provider's legitimate interest in preventing license abuse (Art. 6(1)(f) GDPR).

11.3. The Licensee has the right to access, rectification, erasure, and restriction of processing of their personal data. Requests should be directed to info@netcell-it.de.

11.4. Further information on data protection can be found in the Provider's privacy policy.

12. Changes to the Terms of Use¶

12.1. The Provider reserves the right to modify these Terms with reasonable notice (at least 30 days).

12.2. Changes will be communicated to the Licensee via email or through the Panel. Continued use of the Software after the changes take effect constitutes acceptance.

12.3. If the Licensee objects to the amended Terms, the Licensee has a special right of termination effective on the date the changes take effect.

13. Final Provisions¶

13.1. The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2. The place of jurisdiction for all disputes arising from or in connection with this agreement is Cologne, Germany, provided the Licensee is a merchant, a legal entity under public law, or a special fund under public law.

13.3. If individual provisions of these Terms are or become invalid, the validity of the remaining provisions shall not be affected.

13.4. No oral side agreements exist. Amendments and additions require written form.

NetCell-IT | In der Wüste 23a, 51381 Leverkusen | info@netcell-it.de | VAT ID DE254333925