NetBird Self-Hosted EULA

On-Premise End User License Agreement (Commercial & PoC)

This On-Premise End User License Agreement (the "Agreement") is between NetBird GmbH, Rosenthaler Str. 36, 10178 Berlin, Germany ("NetBird", "Company", or "Licensor") and the entity installing, deploying, or using the Software ("Customer" or "Licensee").

BY INSTALLING, DEPLOYING, OR USING THE SOFTWARE, CUSTOMER EXPLICITLY AGREES TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, DEPLOY, OR USE THE SOFTWARE.

1. B2B Scope and Contract Documents

• 1.1 B2B-only. Customer represents that it acts for business purposes only and not as a consumer. The Software may not be provided to consumers without NetBird's prior written approval and adapted terms.
• 1.2 Order of Precedence. In case of conflict, the following order of strict precedence applies: (1) any executed Order Form; (2) any Data Processing Agreement (DPA) and any Service Level Agreement (SLA), if applicable; (3) any applicable master or partner agreement expressly executed between the parties; (4) this Agreement; (5) the Documentation. Purchase order terms do not apply.

2. Definitions

3. License Grant and Evaluation Scope

• 3.1 Commercial Production License. Subject to compliance with this Agreement and payment of the applicable fees corresponding to the selected License Tier, NetBird grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the active subscription term to install and use the Software on Customer-controlled infrastructure solely for Customer's internal business operations and in accordance with the Documentation.
• 3.2 Proof of Concept (PoC) / Evaluation License. If the Software is installed without an active paid subscription License Key, or under an authorized evaluation configuration, it shall be deemed a Proof of Concept (PoC) package. NetBird grants Customer a non-exclusive, non-transferable, revocable license to use the Software solely for Customer's internal testing and evaluation. Any commercial, productive, or external use, including resale, sublicensing, or offering the Software as part of a service, is strictly prohibited during the PoC phase. Any use of the Software beyond the agreed Proof of Concept period or for purposes other than internal evaluation shall constitute an unauthorized use and a violation of NetBird's intellectual property rights. The Proof of Concept is provided free of charge at zero cost to the Customer.
• 3.3 Usage Metrics and Headroom. Customer may make a reasonable number of backup or archival copies. License metrics, seat counts, user volumes, Nodes, territories, and other limits are governed by the active License Tier or Key activated upon installation. For active commercial subscriptions, unless stated otherwise, Customer receives a 10% usage headroom. Usage above that threshold requires an upgraded subscription tier or a true-up payment. PoC evaluation deployments are strictly bounded by the evaluation scope and duration specified in Section 14.

4. Restrictions and Feedback

• 4.1 General Restrictions. Customer shall not copy, modify, adapt, translate, decompile, disassemble, or reverse engineer the Software, or create derivative works based on the Software, except to the extent mandatory law prohibits this restriction.
• 4.2 Commercial Third-Party Restrictions. Customer shall not use the Software to provide managed services, outsourcing, service bureau, SaaS, or similar services to third parties unless explicitly permitted by NetBird.
• 4.3 Security Controls. Customer shall not circumvent license keys, usage limits, security controls, or technical restrictions.
• 4.4 Transfer Restrictions. Customer shall not transfer the Software outside the approved territory or infrastructure without NetBird's written consent. Customer shall not disclose, share, or otherwise make the Software or any related materials available to any third party, affiliate, subsidiary, consultant, or contractor, except to those expressly permitted and solely for authorized internal use or Proof of Concept evaluation.
• 4.5 Compliance. Customer shall comply with all applicable export control, sanctions, anti-bribery, cybersecurity, and product-security laws and regulations relating to its use and deployment.
• 4.6 Feedback Ownership. Any feedback, suggestions, modifications, or bug reports provided by the Customer during the Proof of Concept or standard deployment shall become the exclusive property of NetBird without any obligation of compensation.

5. Deployment Responsibilities

6. Support and Maintenance

• 6.1 Commercial Subscription Support. NetBird provides support and maintenance for the Software as specified by the active paid License Tier. Unless stated otherwise, NetBird supports the current major version (N) and the immediately preceding major version (N-1). Support is contingent on an active paid subscription, payment of applicable fees, and Customer using the Software in accordance with the Documentation. NetBird provides L2/L3 technical support directly to Customer. Support explicitly excludes Customer infrastructure, unsupported modifications, third-party software, and issues caused by Customer's failure to apply supported updates.
• 6.2 PoC Support Limits. For evaluation and PoC installations, the service is strictly limited to the provision of reasonable assistance or initial deployment documentation. No ongoing service, automated version updates, or dedicated technical support is provided beyond these one-time deliverables unless explicitly agreed upon separately in writing.

7. Telemetry, License Validation, and Data Protection

• 7.1 Data Transmission. The Software may communicate with NetBird systems for automated license validation, active subscription status verification, security updates, support, and anonymized or aggregated usage analytics.
• 7.2 Data Protection. NetBird does not intentionally collect Customer network traffic through Telemetry. If Telemetry or support involves personal data, or to the extent operational identifiers constitute personal data under applicable law, the DPA applies.
• 7.3 Air-Gapped Environments. For air-gapped environments, Customer must strictly follow the manual license validation process described in the Documentation. Customer shall not disable license validation features except as expressly permitted by NetBird.

8. Verification and Audit

• 8.1 Record Keeping and Auditing. Customer shall maintain accurate records of Software use and license metrics. No more than once per twelve (12) months, NetBird may verify compliance with the terms of this Agreement.
• 8.2 Audit Conditions. Any such verification will be conducted on at least thirty (30) days' prior notice, during normal business hours, and in a manner designed to minimize disruption to Customer's business operations. NetBird may request a written self-certification of compliance from Customer before conducting any on-site or remote audit.
• 8.3 Remediation and Underpayment. If verification or self-certification shows underpayment or excess use beyond the permitted License Tier, Customer shall promptly purchase the required additional licenses or pay the applicable true-up rate.
• 8.4 Audit Costs. If the verification reveals that Customer's excess use exceeds five percent (5%) of the authorized usage limits for their License Tier, Customer shall also reimburse NetBird for all reasonable costs associated with conducting the audit.

9. Intellectual Property and Open Source

• 9.1 Ownership. The Software is licensed, not sold. NetBird and its licensors retain all rights, title, and interest in and to the Software, Documentation, updates, patches, improvements, and related intellectual property. No ownership or proprietary rights are transferred under this Agreement.
• 9.2 Open Source Components. Open-source components are governed by their respective open-source licenses; those licenses do not expand Customer's rights in NetBird proprietary software.

10. Warranty and Disclaimer

• 10.1 Commercial Warranty. For ninety (90) days from the initial installation, NetBird warrants that the Software will perform materially in accordance with the Documentation. Customer's exclusive remedy is correction or replacement of the non-conforming Software or, if not commercially reasonable, termination of this Agreement with a pro-rata refund of prepaid unused fees. This warranty does not apply to issues caused by unsupported hardware, Customer infrastructure, unsupported modifications, misuse, third-party software, failure to apply updates, or use outside the Documentation.
• 10.2 PoC & Evaluation Disclaimer. For all PoC, testing, and zero-cost evaluation deployments, the Software is provided strictly "as is" and free of charge.
• 10.3 General Disclaimer. To the maximum extent permitted by law, NetBird disclaims all implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

11. Escrow

• 11.1 Source-Code Escrow. Source-code escrow applies only if explicitly agreed in a separate written framework agreement or where included as part of an active Enterprise subscription package.
• 11.2 Release Conditions. Where applicable, the escrow agent, deposit frequency, and costs must be set out in separate escrow terms. Unless agreed otherwise, release is limited to NetBird ceasing business without a successor or materially failing to provide contracted support and not curing that failure after notice.

12. Limitation of Liability

• 12.1 Uncapped Liability. Nothing limits liability for intent, gross negligence, injury to life, body, or health, fraud, product liability, guarantees, or any liability that cannot be limited by law.
• 12.2 Simple Negligence Cap. For simple negligence, NetBird is liable only for breach of material contractual obligations, limited to typical foreseeable damages. Subject to the preceding sentence, NetBird's total aggregate liability is limited to the fees paid or payable for the Software under the active License Tier in the twelve (12) months before the event giving rise to liability. For zero-cost PoC deployments, liability under this tier is baseline-limited in accordance with the zero-fee structure.
• 12.3 Exclusion of Damages. To the extent permitted by law, NetBird is not liable for indirect, special, incidental, punitive, or consequential damages, loss of profit, revenue, business, goodwill, anticipated savings, use, or data, even if advised of the possibility of such damages.

13. Confidentiality

• 13.1 Protection of Information. Customer agrees to maintain the strict confidentiality of all non-public information received from NetBird during the lifecycle of this Agreement, including but not limited to source code, configurations, technical specifications, performance results, and business or product information ("Confidential Information").
• 13.2 Standard of Care. Customer shall protect all Confidential Information with at least the same degree of care it uses to protect its own confidential information, and in no event with less than reasonable care.
• 13.3 Authorized Disclosure. Confidential Information shall not be disclosed to any third party without NetBird's prior written consent and shall be used solely for the internal business operations or approved evaluation objectives authorized under this Agreement.
• 13.4 Survival. These explicit confidentiality obligations shall remain in effect during the term of this Agreement and for a period of three (3) years thereafter.

14. Term and Termination

• 14.1 Subscription Term. For commercial deployments, this Agreement applies for the duration of the subscription term associated with the active paid License Key. Either party may terminate for material breach not cured within thirty (30) days after written notice.
• 14.2 PoC Duration and Termination. A PoC evaluation installation runs for a default period of thirty (30) days from installation unless otherwise extended by NetBird. During a PoC phase, this Agreement may be terminated by either party at any time upon one (1) day's written notice to the other party.
• 14.3 Emergency Suspension. NetBird may suspend or terminate license validity immediately if required by law or if Customer's deployment creates a material security, legal, or compliance risk.
• 14.4 Effects of Termination. Upon termination or expiration of the commercial subscription or PoC evaluation window, Customer shall immediately cease all use of the Software, uninstall or disable it, permanently delete or destroy all copies of the Software, documentation, and related materials, and certify compliance on request.
• 14.5 Closeout Certification. If no commercial subscription license tier is active within thirty (30) days after the end of a PoC evaluation period, Customer shall provide explicit written confirmation to NetBird that all copies have been deleted or destroyed.
• 14.6 Survival. Payment, confidentiality, intellectual property, audit, disclaimers, liability, and other provisions intended to survive remain in effect.

15. General Provisions

• 15.1 Assignment. Customer may not assign this Agreement without NetBird's consent, except to an affiliate or successor in connection with a merger or sale of substantially all assets, provided the assignee assumes the obligations.
• 15.2 Modifications. NetBird may update the Documentation and technical requirements from time to time, provided material adverse changes do not apply retroactively to an active paid subscription tier unless required by law or security necessity.
• 15.3 Governing Law and Jurisdiction. This Agreement, and any non-contractual obligations arising out of or in connection with it, are governed by the laws of the Federal Republic of Germany. The courts of Berlin, Germany shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement, including any dispute relating to its existence, validity, interpretation, performance, breach, or termination. For evaluation engagements explicitly operating under UK transaction frameworks, the laws of England & Wales apply, with exclusive dispute resolution in the courts located in London, England. Nothing in this clause shall prevent either party from seeking interim, provisional, or conservatory relief from any court of competent jurisdiction.