Ulysta Master Services and Subscription Agreement

Including Product Terms for Ulysta DevOps Documentation

Publication draft v1.0 – 24 June 2026

Ulysta Software und Consulting GmbH

Steinheilstr. 4
80689 Munich, Germany

Contents

• 1. Scope, Agreement Formation and Marketplace Orders
• 2. Definitions
• 3. Orders, Subscriptions and Delivery
• 4. Rights of Use and Restrictions
• 5. Customer Responsibilities
• 6. Ulysta DevOps Documentation Product Terms
• 7. Fees, Taxes and Payment
• 8. Support, Maintenance and Lifecycle
• 9. Availability, Updates and Third-Party Dependencies
• 10. Data Protection and Security
• 11. Confidentiality
• 12. Intellectual Property, Feedback and Open Source
• 13. Warranties and Disclaimers
• 14. Liability
• 15. Indemnity
• 16. Term, Suspension and Termination
• 17. Export Control, Sanctions and Compliance
• 18. Changes to Terms
• 19. Notices
• 20. Governing Law and Venue
• 21. Miscellaneous
• Annex A – Product Description: Ulysta DevOps Documentation
• Annex B – Support and Lifecycle Policy
• Annex C – Data Processing Terms
• Annex D – Microsoft Marketplace Universal Amendment

1. Scope, Agreement Formation and Marketplace Orders

This Master Services and Subscription Agreement (the “Agreement”) governs access to and use of Ulysta software, cloud services, extensions, documentation, support and related professional services ordered by a customer (“Customer”) from Ulysta Software und Consulting GmbH, Germany (“Ulysta”). The Agreement is intended for business customers only and does not apply to consumers.

The Agreement applies when Customer accepts it by signing an order form, accepting it online, purchasing a Ulysta offering directly from Ulysta, or using an offering after having been given access to these terms. Each order, online purchase, Microsoft Marketplace transaction, statement of work or other ordering document is an “Order”.

For offers purchased through Microsoft Marketplace, the customer contract is concluded directly between Customer and Ulysta, even where Microsoft enables the purchase flow, billing or collection. If the offer is published under the Microsoft Standard Contract for Microsoft Marketplace, that standard contract and any Ulysta marketplace amendment accepted in the purchase flow will apply to that Marketplace purchase. This Agreement applies to Marketplace purchases only to the extent it is incorporated by reference or accepted as Ulysta custom terms, and only where it does not conflict with mandatory Marketplace terms.

If there is a conflict between documents, the following order of precedence applies unless a Marketplace contract imposes a different order: (1) signed special terms or custom amendments for the specific Order; (2) data processing terms; (3) product-specific terms; (4) this Agreement; (5) Ulysta documentation and support policies.

2. Definitions

“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.

“Customer Data” means data, content, templates, configuration, work item information, test information, metadata, documents, logs or other materials submitted to, accessed by, generated through, or made available to an Offering by Customer or its users.

“Documentation” means Ulysta user guides, technical manuals, release notes, marketplace listing content, support information and other written or electronic materials made available by Ulysta for an Offering.

“Offering” means the software, extension, SaaS service, support, maintenance, professional service, website, application, connector, template or other Ulysta product or service identified in an Order.

“Subscription Term” means the period during which Customer is entitled to access and use the ordered Offering.

“Users” means employees, contractors or other individuals authorised by Customer to access or use an Offering on Customer’s behalf.

3. Orders, Subscriptions and Delivery

Each Order will specify the Offering, subscription term, commercial model, licence metric, scope of use, fees, renewal model and any specific service description. Ulysta may provide the Offering through Microsoft Marketplace, a Ulysta website, direct download, a private distribution channel, a hosted service, a customer tenant, or another delivery model specified in the Order.

Unless otherwise stated in the Order, subscriptions begin when access is made available or when Microsoft Marketplace activates the subscription. Subscription rights expire at the end of the applicable Subscription Term unless renewed.

Ulysta may update, improve, replace or discontinue technical components of an Offering, provided that Ulysta does not materially reduce the core functionality purchased by Customer during the then-current Subscription Term without a commercially reasonable workaround or transition path.

Professional services, implementation services, configuration, template creation, training or customer-specific development are included only if expressly stated in an Order or statement of work.

4. Rights of Use and Restrictions

Subject to Customer’s compliance with the Agreement and the applicable Order, Ulysta grants Customer a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Offering during the Subscription Term for Customer’s internal business purposes and in accordance with the Documentation.

Customer may permit Users and Affiliates to use the Offering only within the scope of the licence metric and Order. Customer remains responsible for all use by Users and Affiliates and for ensuring that all access rights are removed when no longer required.

Customer must not, and must not permit third parties to: (a) copy, modify, translate, adapt, reverse engineer, decompile or disassemble any non-open-source part of the Offering except to the extent mandatory law permits; (b) bypass technical or usage restrictions; (c) use the Offering to provide services to third parties unless expressly permitted; (d) remove proprietary notices; (e) use the Offering for unlawful, harmful or infringing purposes; (f) interfere with security, availability or integrity of the Offering; or (g) use the Offering outside the purchased licence scope.

If usage exceeds the purchased entitlement, Customer must promptly purchase sufficient additional licences or reduce usage to the licensed level. Ulysta may require reasonable information to verify compliance, subject to confidentiality and proportionality.

5. Customer Responsibilities

Customer is responsible for its Azure DevOps organisation, Microsoft tenant, identity and access management, network connectivity, endpoint security, permissions, data classification, regulatory requirements, backup strategy and the accuracy, legality and quality of Customer Data.

Customer is responsible for reviewing and approving all documents, reports and outputs generated by an Offering before relying on them. Ulysta does not guarantee that generated documentation is complete, suitable for a specific regulatory filing, audit, contractual deliverable or validation purpose unless expressly agreed in a signed statement of work.

Customer must maintain appropriate administrative access, licences and permissions for Microsoft Azure DevOps, Microsoft Marketplace and any third-party platforms required for the Offering. Ulysta is not responsible for unavailability, changes or limitations of Microsoft or third-party services.

6. Ulysta DevOps Documentation Product Terms

These product terms apply to the Ulysta DevOps Documentation extension and any successor offering with substantially similar functionality (“DevOps Documentation”).

DevOps Documentation enables Customer to generate documents from Azure DevOps information such as work items, test plans, test suites, test cases, test runs, queries and related metadata, using configurable Microsoft Word templates. Depending on the purchased edition and configuration, Customer may parameterise templates, manage multiple templates, select work items through Azure DevOps queries, and store or generate multiple document outputs.

Supported environments, supported Azure DevOps versions, required permissions, limits, installation model, data flows and edition-specific features are described in the Documentation or the applicable Marketplace listing. Azure DevOps Services and Azure DevOps Server support may differ and must be verified for the purchased edition.

Customer controls which Azure DevOps projects, queries, work items, test artefacts, templates and output locations are connected to or used by DevOps Documentation. Customer must ensure that permissions granted to the extension are appropriate and limited to the intended use.

Document templates, generated documents and Customer-specific configuration remain Customer Data unless they contain Ulysta pre-existing materials, sample templates, product logic or proprietary components. Ulysta retains all rights in the Offering, including product logic, connectors, extensions, documentation, sample components, know-how and improvements.

Generated documentation is a technical output based on Customer Data and Customer templates. Customer remains responsible for validating generated documents against its internal standards, project obligations, regulatory obligations and audit requirements.

7. Fees, Taxes and Payment

Fees, licence metrics, billing frequency, renewal terms and payment methods are stated in the applicable Order or Marketplace purchase flow. Fees are exclusive of VAT, sales tax, withholding tax, duties and similar charges unless expressly stated otherwise.

For Microsoft Marketplace transactions, billing, collection, invoicing and payment processing may be handled by Microsoft according to the applicable Marketplace rules and customer agreements. For direct Ulysta invoices, payment is due within thirty (30) days from invoice date unless otherwise stated in the Order.

Subscription fees are non-cancellable and non-refundable except as expressly stated in the Order, this Agreement, mandatory law, or applicable Marketplace terms. If Customer is overdue on a direct payment, Ulysta may suspend access after reasonable notice until payment is made, without prejudice to other remedies.

Customer must provide valid tax information. Intra-EU B2B transactions may be subject to reverse-charge VAT treatment where applicable.

8. Support, Maintenance and Lifecycle

Ulysta provides support and maintenance according to the applicable support plan, Order, Documentation and lifecycle policy. Unless a separate SLA is expressly agreed, support targets are service targets only and not guaranteed service levels.

Support means general troubleshooting of an issue to isolate potential causes and issue resolution through existing hotfixes, updates, known workarounds or guidance. Maintenance means resolving an issue through product code modification, typically delivered through updates, hotfixes, service packs, minor versions or replacement releases.

During mainstream maintenance, Ulysta may provide product updates, security fixes, non-critical fixes, critical fixes and feature enhancements when Ulysta determines they are appropriate. Ulysta may require Customer to install or move to a supported version, maintenance baseline or supported Microsoft platform version as a condition for continued maintenance.

During extended maintenance, support may continue, but code-level maintenance may be limited to security-related or critical issues as determined by Ulysta. After end of life, Customer may continue to use the Offering only as permitted by the licence terms, but support options may be limited and the Offering may be provided as-is.

Ulysta may publish end-of-sale, end-of-maintenance and end-of-life notices for products or releases. Ulysta may revise its support and lifecycle policies from time to time for future releases, renewals or new purchases.

9. Availablility, Updates and Third-Party Dependencies

Availability commitments apply only if a specific SLA is included in the Order. In the absence of a specific SLA, Ulysta uses commercially reasonable efforts to keep hosted components available, but does not guarantee uninterrupted or error-free operation.

Ulysta may deploy updates, security fixes and changes to hosted components. Customer must promptly install security-relevant updates where Customer controls installation. Ulysta may discontinue support for obsolete Microsoft APIs, Azure DevOps versions, browsers, operating systems or dependencies.

The Offering may depend on Microsoft Azure DevOps, Microsoft Entra ID, Microsoft Marketplace, Microsoft Azure, customer network services and other third-party services. Ulysta is not responsible for failures, changes, downtime, throttling, API limitations, licensing restrictions or security incidents affecting those services unless caused by Ulysta.

10. Data Protection and Security

Each party will comply with applicable data protection laws, including Regulation (EU) 2016/679 (GDPR), where applicable. Customer is responsible for determining whether Customer Data includes personal data, confidential information, export-controlled information, regulated data or other sensitive data.

To the extent Ulysta processes personal data on behalf of Customer as processor, the data processing terms in Annex C apply. If DevOps Documentation is configured so that Ulysta does not receive or process Customer Data, the processing obligations apply only to support data, telemetry, account data, marketplace transaction data or other personal data actually processed by Ulysta.

Ulysta will implement appropriate technical and organisational measures designed to protect Customer Data processed by Ulysta against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. Customer remains responsible for access rights, administrative privileges, secrets, tokens, templates, repositories and generated output stored in Customer-controlled systems.

Customer must not provide Ulysta with production secrets, credentials, special categories of personal data, health data, payment card data, classified information or other highly sensitive data unless expressly agreed in writing and supported by an appropriate security arrangement.

11. Confidentiality

Confidential Information means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential given its nature and the circumstances of disclosure. Customer Data, security information, product roadmaps, pricing, credentials and non-public technical information are Confidential Information.

The receiving party will use Confidential Information only to perform or exercise rights under the Agreement, will protect it using at least reasonable care, and will disclose it only to personnel, Affiliates, subcontractors, advisors or auditors who need to know it and are bound by confidentiality obligations.

Confidentiality obligations do not apply to information that is publicly available without breach, lawfully received from a third party without confidentiality restriction, independently developed without use of the Confidential Information, or required to be disclosed by law. Confidentiality obligations survive for five (5) years after disclosure; trade secrets and Customer Data remain protected for as long as they remain non-public.

12. Intellectual Property, Feedback and Open Source

Ulysta and its licensors retain all rights, title and interest in and to the Offerings, Documentation, product logic, software, connectors, extensions, know-how, methods, templates supplied by Ulysta, improvements, updates and related intellectual property. No rights are granted except as expressly stated in the Agreement or an Order.

Customer retains all rights in Customer Data, customer-created templates and generated outputs, subject to Ulysta’s rights in any Ulysta components embedded in sample templates, product logic or documentation. Customer grants Ulysta the rights necessary to provide, secure, support and improve the Offering and to perform the Agreement.

Customer may provide feedback voluntarily. Ulysta may use feedback without restriction or payment, provided that Ulysta does not disclose Customer Confidential Information.

Offerings may include third-party open-source components. Such components are licensed under their respective open-source licence terms. Where required, Ulysta will provide or make available open-source notices, licence texts and attribution information.

13. Warranties and Disclaimers

Ulysta warrants that it has the right to provide the Offering and that, during the applicable Subscription Term, the Offering will substantially conform to the Documentation when used in accordance with the Agreement, the Order and the Documentation.

Customer must notify Ulysta of any warranty issue without undue delay and provide information reasonably necessary to reproduce the issue. Ulysta’s remedy is to correct the non-conformity, provide a reasonable workaround, replace the affected functionality, or if none of these is commercially reasonable, terminate the affected Order and refund prepaid unused subscription fees for the affected period.

Except as expressly stated, the Offering is provided without warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, regulatory compliance, audit acceptance or suitability for a specific customer process. Mandatory statutory rights remain unaffected.

14. Liability

Nothing in the Agreement limits liability for intent, gross negligence, injury to life, body or health, fraud, wilful misconduct, mandatory product liability, breach of an expressly assumed guarantee, or any liability that cannot be limited under applicable law.

For slight negligence, Ulysta is liable only for breach of material contractual obligations whose fulfilment enables proper performance of the Agreement and on whose compliance Customer may regularly rely. In such cases, liability is limited to typical, foreseeable damages.

To the extent legally permitted, Ulysta’s aggregate liability arising out of or related to an Order in any twelve (12) month period is limited to the fees paid or payable for the affected Offering under that Order during the twelve (12) months preceding the event giving rise to liability.

To the extent legally permitted, neither party is liable for indirect damages, loss of profit, loss of revenue, loss of goodwill, business interruption, loss of data where avoidable by reasonable backup, or consequential damages. The foregoing limitations do not apply to Customer’s payment obligations, misuse of Ulysta intellectual property, confidentiality breaches, data protection claims where mandatory law provides otherwise, or indemnity obligations to the extent stated in the Agreement.

15. Indemnity

Ulysta will defend Customer against third-party claims alleging that the Offering, as provided by Ulysta and used in accordance with the Agreement, infringes a third-party copyright, trademark or trade secret, and will pay final damages awarded or settlement amounts approved by Ulysta. Ulysta has no obligation for claims arising from Customer Data, customer templates, third-party products, Microsoft services, modifications not made by Ulysta, use outside the Agreement, or combinations not provided by Ulysta.

If an infringement claim is made or likely, Ulysta may procure the right for Customer to continue using the Offering, modify or replace the Offering, or terminate the affected Order and refund prepaid unused subscription fees for the affected period.

Customer will defend Ulysta against third-party claims arising from Customer Data, customer templates, generated outputs used by Customer, Customer’s unlawful use of the Offering, or Customer’s breach of this Agreement, and will pay final damages awarded or settlement amounts approved by Customer.

The indemnified party must promptly notify the indemnifying party of the claim, give reasonable assistance, and allow the indemnifying party to control the defence and settlement, provided that no settlement may impose an admission of fault or non-monetary obligation on the indemnified party without its consent.

16. Term, Suspension and Termination

The Agreement starts when accepted and remains in effect while any Order is active. Each Order remains in effect for its Subscription Term unless terminated earlier in accordance with the Agreement, the Order or applicable Marketplace terms.

Either party may terminate an Order for material breach if the breach is not cured within thirty (30) days after written notice. Ulysta may suspend access to the extent reasonably necessary if Customer materially breaches usage restrictions, fails to pay overdue direct invoices after notice, creates a security risk, violates law, or uses the Offering outside the licensed scope.

Upon termination or expiry, Customer’s right to use the affected Offering ends. Customer must uninstall software or extension components where required and stop using Ulysta services, except where the Order grants perpetual rights or post-termination access is required for data export. Fees accrued before termination remain payable.

Customer is responsible for exporting generated documents, templates and Customer Data from Customer-controlled systems before termination. Where Ulysta hosts Customer Data, Ulysta will delete or return Customer Data in accordance with the applicable data processing terms and retention policy.

17. Export Control, Sanctions and Compliance

Each party will comply with applicable export control, sanctions, anti-corruption, anti-money laundering and public procurement laws. Customer must not use or make available the Offering in prohibited countries, for prohibited end users, or for prohibited end uses.

Customer represents that neither Customer nor its Users are subject to sanctions that would prohibit Ulysta from providing the Offering. Ulysta may suspend or terminate access if continued performance would violate applicable law or expose Ulysta to sanctions or regulatory penalties.

18. Changes to Terms

Ulysta may update this Agreement, support policies, product terms and Documentation from time to time. Updates apply to new Orders and renewals from the stated effective date. During an active Subscription Term, Ulysta will not materially reduce Customer’s rights or materially increase Customer’s obligations without Customer’s consent, unless required by law, security, compliance, third-party platform changes or Marketplace requirements.

Continued use after renewal or after acceptance of updated terms constitutes acceptance of the updated terms for the renewed or new term.

19. Notices

Legal notices to Ulysta must be sent to the address or legal notice email published by Ulysta or stated in the Order. Operational notices, support notices, security notices and product notices may be sent by email, through the customer account, through Microsoft Marketplace mechanisms, or through the Offering.

Customer must keep billing, administrative, security and legal contact information current in the applicable Ulysta or Marketplace account.

20. Governing Law and Venue

For direct Orders with Ulysta, this Agreement is governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive venue for merchants, legal entities under public law or special funds under public law is Munich, Germany, unless mandatory law requires another venue.

For Marketplace Orders under the Microsoft Standard Contract or other Marketplace legal terms, the governing law and venue provisions of the applicable Marketplace customer contract may apply instead.

21. Miscellaneous

The parties are independent contractors. The Agreement does not create a partnership, franchise, employment relationship, agency or joint venture.

Neither party is liable for delay or failure to perform due to events beyond reasonable control, including natural disasters, war, labour disputes, cyberattacks not caused by the affected party, utility failures, internet failures, government action or third-party platform outages. Payment obligations are not excused by force majeure.

Neither party may assign the Agreement without the other party’s consent, except to an Affiliate or in connection with a merger, restructuring, sale of substantially all assets, or change of control, provided that the assignee assumes the obligations.

If any provision is invalid or unenforceable, the remaining provisions remain effective. A waiver must be in writing. This Agreement and the applicable Orders constitute the entire agreement for their subject matter and supersede prior discussions on that subject.

Annex A – Product Description: Ulysta DevOps Documentation

A.1 Purpose. DevOps Documentation is designed to support software and project teams by generating structured documentation from Azure DevOps data and customer-defined Word templates.

A.2 Typical inputs. Inputs may include Azure DevOps projects, queries, work item fields, work item relations, test plans, test suites, test cases, test runs, attachments where configured, user metadata, area paths, iteration paths and template parameters.

A.3 Typical outputs. Outputs may include Microsoft Word documents and other document formats supported by the purchased edition or configuration. Output quality depends on Customer Data quality, template design and configuration.

A.4 Editions and licence metrics. The applicable Order or Marketplace plan defines the edition, number of users, organisation scope, subscription duration, storage or generation limits, support entitlement and renewal model. Unless expressly stated, licences are for named users within Customer’s organisation and may not be shared.

A.5 No system of record. DevOps Documentation is not the system of record for Customer’s Azure DevOps data. Azure DevOps remains the source system for Azure DevOps artefacts, and Customer is responsible for retention, approval, versioning and audit trail requirements in its own systems.

A.6 Regulated use. If Customer uses generated documents for regulated, GxP, safety, quality, financial reporting, public procurement, contractual acceptance or audit purposes, Customer remains responsible for validating the process, reviewing the generated outputs and ensuring that the use is appropriate for the intended purpose.

Annex B – Support and Lifecycle Policy

B.1 Business hours. Unless otherwise agreed, standard support is provided during Ulysta business hours on German business days.

B.2 Required information. Customer must provide sufficient information to reproduce and analyse support requests, including product version, Azure DevOps environment, steps to reproduce, relevant logs, screenshots, expected behaviour, actual behaviour and business impact.

B.3 Exclusions. Support does not include general Microsoft Azure DevOps administration, customer template authoring beyond purchased services, customer-specific development, training, data cleansing, restoration of customer systems, third-party service remediation, or issues caused by unsupported environments unless expressly agreed.

B.4 Lifecycle phases. Mainstream Maintenance begins on general availability and continues until the announced end-of-maintenance date. Extended Maintenance begins at end of maintenance and continues until end of life. End of Life begins on the announced end-of-life date.

B.5 Security fixes. Ulysta may provide security fixes for supported releases and may require Customer to update promptly. Ulysta may decline to provide fixes for unsupported releases where a supported version already contains the fix.

Annex C – Data Processing Terms

C.1 Applicability. This Annex applies where Ulysta processes personal data on behalf of Customer in connection with an Offering. Customer is the controller and Ulysta is the processor unless the parties agree otherwise in writing or applicable law assigns different roles.

C.2 Subject matter and duration. Processing concerns the provision, support, maintenance, security and improvement of the Offering for the term of the Agreement and any required retention or deletion period.

C.3 Nature and purpose. Processing may include collection, access, storage, retrieval, consultation, transmission, analysis, logging, deletion and support-related processing necessary to provide the Offering, investigate issues, secure the service, comply with law and fulfil the Agreement.

C.4 Data categories. Depending on configuration, personal data may include names, business contact details, Azure DevOps user identifiers, work item assignments, comments, audit or log data, support ticket data, template metadata and information included by Customer in Azure DevOps artefacts or generated documents.

C.5 Data subjects. Data subjects may include Customer employees, contractors, suppliers, project participants, support contacts and other individuals whose data Customer includes in Azure DevOps or support communications.

C.6 Instructions. Ulysta will process personal data only on documented Customer instructions, including the Agreement, Orders, configuration choices and support requests, unless required by law.

C.7 Confidentiality and security. Ulysta will ensure that persons authorised to process personal data are bound by confidentiality obligations and will implement appropriate technical and organisational measures considering the nature, scope, context and purposes of processing.

C.8 Subprocessors. Customer authorises Ulysta to use Affiliates and subprocessors to provide, host, support, secure and maintain the Offering. Ulysta will maintain a list of subprocessors or make it available upon request, impose data protection obligations on subprocessors, and remain responsible for their processing. Customer may object to a new subprocessor on reasonable data protection grounds.

C.9 International transfers. International transfers of personal data will be protected by an adequacy decision, Standard Contractual Clauses, or another lawful transfer mechanism where required.

C.10 Assistance. Ulysta will provide reasonable assistance for data subject requests, security incidents, data protection impact assessments and consultations with supervisory authorities, taking into account the nature of processing and information available to Ulysta. Customer is responsible for costs where assistance exceeds standard support.

C.11 Security incidents. Ulysta will notify Customer without undue delay after becoming aware of a personal data breach affecting Customer personal data processed by Ulysta and will provide information reasonably required by data protection law.

C.12 Deletion and return. Upon termination or expiry, Ulysta will delete or return personal data processed on behalf of Customer unless retention is required by law, legitimate backup retention, dispute preservation or Marketplace transaction records.

C.13 Audits. Ulysta will make available information reasonably necessary to demonstrate compliance with this Annex. Audits must be proportionate, subject to confidentiality, avoid disruption, and may be satisfied through documentation, security questionnaires or independent reports where available.

Annex D – Microsoft Marketplace Universal Amendment

The following text is intended for use as a universal amendment where Ulysta publishes DevOps Documentation under the Microsoft Standard Contract for Microsoft Marketplace. It should be reviewed against the current Partner Center offer configuration before publication.