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Acceptable Use Policy (AUP)

Version: 24 April 2026 — supplementary to the GTC, § 8 para. 9

This Acceptable Use Policy (AUP) specifies the uses prohibited under § 8 para. 3 GTC of the Software-as-a-Service application "Consiliari EMS" (the "Service"). It forms an integral part of the contract between Consiliari Software GmbH (the "Provider") and the Customer. In the event of breaches of this AUP, the Provider is entitled to suspend pursuant to § 4a GTC and to terminate extraordinarily pursuant to § 9 para. 4 GTC.

§ 1 Scope

(1) The AUP applies to all users who access the Service on behalf of the Customer (administrators, regular users, external service providers of the Customer with access). The Customer ensures compliance on the part of its users.

(2) The AUP applies to both the Trial access (§ 3a GTC) and paid subscriptions. It applies in addition to the GTC; in the event of conflicts, the GTC prevail unless otherwise stipulated.

§ 2 Prohibited Use

The following uses are expressly prohibited:

§ 2.1 Unlawful Content and Actions

  • Storage, distribution or processing of content that violates applicable law — in particular criminal, violence-, hate- or terrorism-glorifying, child- or youth-endangering, immoral or copyright-infringing content.
  • Use of the Service to prepare or carry out criminal offences, regulatory offences or tortious acts against third parties.
  • Processing of personal data without a valid legal basis under the GDPR, BDSG or applicable employment law; breach of co-determination or information duties towards data subjects.
  • Use from embargoed countries or for purposes that violate export control or sanctions law (cf. § 14a GTC).

§ 2.2 Security and System Integrity

  • Attempts to circumvent, disable or defeat security mechanisms of the Service (authentication, authorisation, rate limits, tenant separation).
  • Penetration tests, vulnerability scans, fuzzing, automated probing or similar security-related testing without the Provider's prior written approval. Responsible disclosure of vulnerabilities to security@consiliari.de (cf. Trust Center) is unaffected and expressly welcomed.
  • Introduction or distribution of malware, viruses, trojans, spyware or other malicious code.
  • Use of the Service as a launchpad or relay for attacks on third parties (DDoS, phishing, spam, command-and-control).
  • Circumvention of user limits, quotas or licence restrictions, in particular via account sharing, automated bots or multiple registrations.

§ 2.3 Resource Abuse

  • Causing excessive system load through automated access, mass imports, bulk API calls without an agreed allowance, or recursive data structures.
  • Operating crypto-mining, public anonymisation services (e.g. Tor exit nodes) or similar resource-intensive third-party services via the Service.
  • Automated data extraction (scraping) outside the provided APIs and their documented rate limits.
  • Use of the Service as file storage for content unrelated to its intended use (time tracking / project / HR / finance) — e.g. backup repository, media archive, file hoster.

§ 2.4 Intellectual Property and Competition

  • Reverse engineering, decompilation, disassembly or other attempts to disclose source code, algorithms or data structures of the Service — beyond the actions strictly permitted under § 69d, e UrhG (German Copyright Act).
  • Use of the Service to develop, promote, improve or benchmark a product competing with the Service; disclosure of benchmark or performance comparisons to third parties without the Provider's prior written consent.
  • Removal or concealment of copyright, trademark or other notices within the Service.

§ 2.5 Handling of Third-Party Data

  • Input of special categories of personal data under Art. 9 GDPR (health data, biometric data, political opinions, etc.) without prior coordination with the Provider and corresponding contractual adjustment.
  • Sending unsolicited messages (spam), including mass emails to the Customer's own contacts without verifiable consent, via dispatch features provided by the Service.
  • Use of the Service to evaluate, rate, profile or monitor employees beyond the legally permissible scope (in particular without a works agreement, where required).

§ 3 Reporting Violations

Violations of this AUP may be reported at any time to . Security-related vulnerabilities should be sent to security@consiliari.de. The Provider reviews reports without undue delay upon becoming aware, within its business hours (Mon–Fri, 10 am – 4 pm CET/CEST), and takes appropriate measures pursuant to § 4a GTC.

§ 4 Response to Violations

(1) In the event of violations, the Provider may — proportionately to their severity — issue warnings, remove the affected content, restrict individual features, temporarily suspend access under § 4a GTC, immediately terminate Trial access under § 3a para. 6 GTC, or extraordinarily terminate the contract under § 9 para. 4 GTC.

(2) In case of imminent danger to system integrity, third-party data or legally protected interests, the Provider may take immediate measures without prior hearing. The Customer is informed without undue delay afterwards and given an opportunity to respond.

(3) The Customer bears the costs of remedying consequences of a violation (e.g. spam sent from the Customer's account, blacklisting, IP-reputation loss), to the extent the Customer is responsible for the violation.

§ 5 Indemnification

The Customer indemnifies the Provider from all third-party claims based on a breach of this AUP. The liability limitations under § 13 GTC remain unaffected.

§ 6 Amendment of the AUP

The Provider may amend this AUP in accordance with § 15 GTC. Clarifications and precisions without material tightening are communicated to the Customer at least 14 days before they take effect; material tightening follows the amendment fiction under § 15 para. 2 GTC. The current version is available at https://temporalis-ems.de/aup.