Team Absence is developed and provided by:

hyOffice UG (haftungsbeschränkt)
Karwinskistr. 40
81247 Munich
Germany

This Agreement is entered into between you (“you” or “Licensee”) and hyOffice UG (“we”, “us” or “hyOffice”) regarding your use of the Team Absence software, including both free and paid versions.

In addition to the Licensee, other natural persons (“End Users”, or “Users”) may access and use the software, provided they are authorized or enabled by the Licensee (e.g., employees, team members, or external collaborators). These Users are also bound by the terms of this Agreement.

Team Absence is designed for professional, and business-to-business (B2B) use only. The minimum age of the licensee is 18 years. By installing or using Team Absence, you warrant that you have the authority to accept this Agreement, and you also agree to be bound by its terms. This Agreement applies to all orders entered into under this Agreement.

I. Definitions

For the purposes of these Terms of Service ("Terms"), the following definitions shall apply:

a. Licensee. A "Licensee" is any individual or legal entity that installs and uses the "Team Absence" software provided by hyOffice, regardless of whether the use is free of charge or subject to payment. By installing the software, the user automatically becomes a Licensee and accepts these Terms. Licensees include both users of the free version ("Team Absence FREE") and the paid version ("Team Absence PRO").

b. License. A "License" is the legal right granted by hyOffice to the Licensee to install, access, and use the Team Absence software in accordance with these Terms. The License is established between the Licensee and hyOffice upon installation of the software and/or purchase of License keys. The type of License granted depends on the version selected: a Free License is granted for use of the Team Absence FREE version, while a Paid License is granted for use of the Team Absence PRO version.

c. Team Absence FREE. "Team Absence FREE" refers to the basic, no-cost version of the Team Absence software. This version provides limited functionality compared to the premium version and is subject to certain feature restrictions.

d. Team Absence PRO. "Team Absence PRO" is the paid, premium version of the Team Absence software. Upon purchase, the Licensee receives one or more License keys, depending on the selected subscription or usage plan. These keys enable the activation of premium features within the software. A licensed user may create and modify an unlimited number of Team Absence Boards within Microsoft Teams, spanning various teams and channels. The license also allows the user to add board members, up to the number of seats included with that license.

e. End User. An "End User" or “User” is any individual who accesses or uses the Team Absence software without necessarily having installed the software themselves. When a Licensee installs Team Absence in a Microsoft Teams workspace, all members of that workspace automatically gain access to the software. However, the Licensee is solely responsible for ensuring that such End Users use the software in compliance with these Terms. End Users are not parties to the License unless they separately install and activate the software themselves.

II. Licensing

a. License Grant. Team Absence is licensed and not sold. Upon your installation of Team Absence, hyOffice grants you a nonexclusive and limited License to use the software under these terms. The usage of the software is conditional on your acceptance of this agreement. These licenses are solely for Licensee’s own use and are only transferable under the described terms.

b. License transfers. Licenses are purchased on a per-seat basis and assigned to individual users within the Licensee’s organization. hyOffice has implemented technical measures to enforce these restrictions, and any attempt to circumvent them may result in the immediate suspension or termination of the Licensee’s subscription. Subscriptions are otherwise non-transferable and may not be resold to another organization or third party without hyOffice’s prior written consent. The Licensee may invite external users for collaboration purposes, provided such access remains within the scope of the purchased licenses and does not constitute resale or unauthorized distribution.

c. Duration of paid Licenses. Licenses granted on a subscription basis which automatically renew for applicable subscription period unless either party gives notice of termination prior to the end of the then-current term, in accordance with the reseller's terms.

d. License Key. After purchase, the Licensee will receive one or many License keys, which enables to upgrade from Team Absence FREE to Team Absence PRO. The License key must never be shared with public, written on any forum or website or shared with any unauthorized persons. Otherwise, the License key will become invalid and the License itself will become void. No refund will be paid in these cases, and the Licensee is liable for any damages resulting from intentional misuse or grossly negligent behavior.

III. Product Development

During the licensed usage of Team Absence, the software itself will be continuously developed and improved with new features. The Licensee agrees that the software continuously changes during the licensed period.

IV. Responsibility for End Users

The Licensee, regardless of whether holding a Free or Paid License, is solely responsible for ensuring that all End Users who access or use Team Absence within the Licensee’s Microsoft Teams environment comply with these Terms and Conditions. By making the software available to other members of a Microsoft Teams group, the Licensee acknowledges and agrees to be fully liable for any breach of these Terms by such End Users. This includes, but is not limited to, any misuse of the software, violations of intellectual property rights, or unauthorized use of premium features. It is the Licensee’s obligation to ensure that End Users are informed of and adhere to the relevant provisions of these Terms.

V. Reservation of Rights

hyOffice reserves all rights not expressly granted in this Agreement. The intellectual property and the source code of Team Absence remains with hyOffice and is protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use Team Absence on a device do not give Licensee any right to implement hyOffice’s patents or other intellectual property in the device itself or in any other software or devices.

VI. Restrictions

Licensee must not (and is not licensed to): (1) modify, reverse engineer, decompile, or disassemble Team Absence, or attempt to do so; (2) extract or copy the source code of Team Absence (3) install or use any third-party software or technology in any way that would subject hyOffice’s intellectual property or technology to any other license terms; (4) use Team Absence for any unlawful purpose; The licensee is fully liable for any damage that occurs from breaking these restrictions.

VII. Feedback

Any user feedback, feature requests or ideas are given voluntarily, and the provider grants to the recipient, without charge, a non-exclusive license under provider’s owned or controlled non-patent intellectual property rights to make, use, modify, distribute, and commercialize the Feedback as part of any of recipient’s products and services, in whole or in part and without regard to whether such Feedback is marked or otherwise designated by the provider as confidential. The provider retains all other rights in any Feedback and limits the rights granted under this section to licenses under its owned or controlled non-patent intellectual property rights in the Feedback (which do not extend to any technologies that may be necessary to make or use any product or service that incorporates, but are not expressly part of, the Feedback, such as enabling technologies).

VIII. Reseller

Our order process is exclusively conducted by one of our two online resellers, Paddle and Microsoft. Paddle and Microsoft are the Merchant of Record for all our orders. The resellers provide all Licensee service inquiries and handle returns. During the purchase process on our website, a website from Paddle.com is embedded to handle the purchase. By accepting these terms and continuing the purchase process, you also accept the terms and data privacy regulations of our reseller.

IX. Refund Policy when purchasing through Paddle

When purchasing your license through our reseller Paddle, you have the right to cancel and return your paid license within 14 days without giving any reason. The cancellation period will expire after 14 days from the day after completion of the transaction. To meet the cancellation deadline, it is sufficient that you send your communication to Paddle concerning your exercise of the cancellation right before the expiration of the 14 day period. To cancel your order, you must inform Paddle of your decision. To ensure immediate processing, please do so by contacting them here. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal. Refunds are provided at the sole discretion of our online reseller Paddle and may be refused. Paddle will refuse a refund request if they find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Paddle to counterclaim the refund.

X. Refund Policy when purchasing through Microsoft

When purchasing your license through Microsoft, you have the right to cancel and return your paid license within 3 days (72 hours) without giving any reason. The cancellation period will expire after 72 hours from the completion of the transaction. To meet the cancellation deadline, the Licensee must cancel the subscription in the Microsoft admin center. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal. Refunds are provided at the sole discretion of Microsoft and may be refused. Microsoft will refuse a refund request if they find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Microsoft to counterclaim the refund.

XI. Privacy

It is our policy to respect your privacy regarding any information we may collect while operating Team Absence and its website. The policy is described in detail in our separate privacy policy document. By using Team Absence, you consent to the collection and use of your personal data in accordance with this policy.

XII. Subcontractors

Licensee agrees to the commissioning of subcontractors to provide the technical solution. We are currently using the following subcontractors: Paddle.net (reseller), Microsoft.com (reseller and cloud provider) and ionos.com (web hosting).

XIII. SLAs

A paid Team Absence PRO license includes an SLA with a service availability of 99,00% per calendar month. Planned maintenances, communicated upfront on the Team Absence website do not reduce the availability. The availability is measured by the cloud provider "Microsoft". In case, the availability is lower than 99,00% in a month, the licensee has the right to be refunded on a pro-rata basis of the subscription fee for the time when Team Absence was unavailable. The claims expire unless they are intimated within 1 month.

XIV. Verifying compliance

License keys are activated online. hyOffice keeps track of the online activations and reserves the right to decline activation if hyOffice has reasonable grounds to believe that a license key has been shared without authorization or used in violation of this Agreement. If License verification reveals any unlicensed use, Licensee must, within 30 days, order sufficient licenses to cover the period of its unlicensed use. Without limiting hyOffice’s other remedies, if unlicensed use is 5% or more of Licensee’s total use of all software licenses, Licensee must reimburse hyOffice for its costs incurred in verification and acquire sufficient licenses to cover its unlicensed use at 125% of the then-current Licensee price or the maximum allowed under applicable law, if less. All information and reports related to the verification process will be Confidential Information and used solely to verify compliance.

XV. Limitation of Liability

hyOffice’s maximum, aggregate liability to Licensee is limited to direct damages finally awarded in an amount not to exceed the amounts Licensee was required to pay for Team Absence during the term of the applicable licenses. For Team Absence PRO subscriptions, hyOffice’s maximum liability to Licensee for any incident giving rise to a claim will not exceed the amount Licensee paid for Team Absence during the 12 months before the incident. For the FREE Team Absence offering, hyOffice does not take any liability. In no event will hyOffice be liable for indirect, incidental, special, punitive, or consequential damages, or loss of use, loss of profits, or interruption of business, however caused or on any theory of liability. Notwithstanding the foregoing, neither party limits its liability in respect of fraud or fraudulent misrepresentation; death or personal injury caused by negligence; or any matter for which it would be unlawful for the parties to exclude liability.

XVI. Changes to this Agreement

We may make changes to this Agreement from time to time. When we do, we will revise the “Last updated” date given above. Modifications are effective immediately for any licensees who (a) install or use the software, (b) purchase a new license, (c) or renew their license subscription, on or after the date of publication. The new version of the Agreement will supersede all previous versions. If we make material changes, you may choose to terminate your agreement with us by not renewing your subscription and uninstalling the software. Continued use of our services will constitute your acceptance of the updated terms.

XVII. Miscellaneous

a. Entire Agreement. This Agreement supersedes all prior and contemporaneous communications, whether written or oral, regarding the subject matter covered in this Agreement. If there is a conflict between any parts of this Agreement, the following order of precedence will apply: (1) Order; (2) this Agreement; (3) Service Level Agreement (SLA); and (4) Documentation.

b. Severability. If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.

c. Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.

d. No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights except as expressly provided by its terms.

e. Applicable law and jurisdiction. The German laws govern the interpretation of these terms, claims for breach of them, and all other claims, regardless of conflict of law principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement shall be Munich, Germany.

→ Privacy Policy