General Terms and Conditions with Customer Information

Table of Contents

1. Scope of application
2. Subject matter of the contract
3. Conclusion of contract
4. Right of withdrawal
5. Prices and payment conditions
6. Provision of the software
7. Grant of usage rights
8. Customer's duties to cooperate
9. Liability for defects
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of FSFM GmbH (hereinafter "we/us"), apply to all contracts for the provision of software that you as a consumer or entrepreneur (hereinafter "you") conclude with us regarding the software products presented in our online shop (hereinafter "Software"). We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your self-employed professional activity.

1.3 You are an entrepreneur within the meaning of these GTC as a natural or legal person or a partnership with legal capacity who acts in the exercise of your commercial or self-employed professional activity when concluding a legal transaction.

2) Subject matter of the contract

2.1 The subject matter of the contract is the provision of the software offered by us in electronic form, with the grant of certain usage rights as specified in these GTC.

2.2 You do not acquire any intellectual property in the software. The source code of the software is not part of the provided software.

2.3 Installation is not part of the contract. In this respect, we refer you to the installation instructions. This also applies in particular to the hardware and software environment in which the software is used.

2.4 Unless otherwise stated in our product description, you do not receive individual application support from us.

3) Conclusion of contract

3.1 The software products described in our online shop do not constitute binding offers on our part, but serve for the submission of a binding offer by you.

3.2 You can submit the offer via the online order form integrated in our online shop. In doing so, after placing the selected software in the virtual shopping cart and going through the electronic ordering process, you submit a legally binding contract offer with regard to the software contained in the shopping cart by clicking the button that concludes the ordering process.

3.3 We can accept your offer within five days,

• by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by you is decisive, or
• by providing you with the ordered software, or
• by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives apply, the contract shall come into existence at the time at which one of the aforementioned alternatives first occurs. The period for acceptance of your offer shall begin on the day after the offer is sent by you and shall end at the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed to constitute a rejection of your offer, with the consequence that you are no longer bound by your declaration of intent.

3.4 When submitting an offer via our online order form, we shall save the text of the contract after conclusion of the contract and transmit it to you in text form (e.g. e-mail, fax or letter) after you have sent your order. Any further provision of the contract text by us shall not take place. If you have set up a user account in our online shop prior to sending your order, your order data shall be archived on our website and can be accessed by you free of charge via your password-protected user account upon specification of the corresponding login data.

3.5 Before binding submission of your order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries within the electronic ordering process by means of the usual keyboard and mouse functions until you click the button that concludes the ordering process.

3.6 The German language is available for the conclusion of the contract.

3.7 Order processing and contact are generally carried out by e-mail and automated order processing. You must ensure that the e-mail address provided by you for order processing is correct so that you can receive the e-mails sent by us at this address. In particular when using SPAM filters, you must ensure that all e-mails sent by us can be delivered.

4) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal is provided in our withdrawal policy.

5) Prices and payment conditions

5.1 Unless otherwise stated in our product description, the prices quoted are total prices, which include the statutory value added tax.

5.2 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which shall be borne by you. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees).

5.3 The payment method(s) will be communicated to you in our online shop.

5.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless a later due date has been agreed with you.

5.5 When selecting the payment method direct debit via Stripe, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects the invoice amount from your bank account after a SEPA direct debit mandate has been granted, but not before the expiry of the period for the pre-notification, on our behalf. Pre-notification is any communication (e.g. invoice, policy, contract) from us to you that announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient account funds or due to the provision of incorrect bank details, or if you object to the debit even though you are not entitled to do so, you shall bear the fees incurred by the return of the debit by the respective credit institution if you are responsible for this. We reserve the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.

6) Provision of the software

6.1 We effect the provision by making a digital copy of the software available to you for download via the Internet. For this purpose, we will provide you with a link by e-mail, via which you can initiate the download of the digital copy and store the copy in a storage location of your choice.

6.2 For compliance with any delivery dates, the decisive point in time is when the software is provided for retrieval on the network and this is communicated to you.

7) Grant of usage rights

7.1 Unless otherwise stated in our product description, we grant you a non-exclusive, unlimited in time, transferable right to use the software in the agreed hardware and software environment for private and/or commercial purposes.

7.2 No right of modification is granted to you.

7.3 Rental of our software is not permitted.

7.4 You are prohibited from removing and/or modifying any copy protection that may be present.

7.5 You are entitled to make one copy of the software for backup purposes. Reproductions of the software for proper data backup are part of the intended use.

7.6 If you exercise your right to transfer the usage rights to a third party, you must impose your contractual obligations on the third party. With the transfer, your usage rights shall expire. All existing copies of the software are to be deleted.

7.7 The grant of rights shall only become effective when you have paid the full amount owed.

7.8 If you violate the agreed usage rights so seriously that it is unreasonable for us to adhere to the contract, we can extraordinarily terminate the agreement on the grant of usage rights to the affected software.

7.9 In the event of termination, you are obliged to delete all existing copies of the software and to confirm this to us in text form upon request.

7.10 The other statutory and contractual provisions remain unaffected.

8) Customer's duties to cooperate

8.1 You must inform yourself about the essential functional characteristics of the software. The setup of a functional hardware and software environment for the software, which is also sufficiently dimensioned taking into account the additional load caused by the software, is your sole responsibility.

8.2 You must observe the instructions given by us for the installation and operation of the software.

8.3 We recommend that you take appropriate precautions in the event that the software does not work properly in whole or in part (e.g. by daily data backup, fault diagnosis, regular checking of the data processing results) and perform a suitable backup of your data before installing the software.

9) Liability for defects

If the software is defective, the statutory provisions on liability for defects apply.

10) Applicable law

All legal relationships between you and us are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law shall only apply to the extent that the protection granted to you is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence.

11) Place of jurisdiction

If you act as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If your registered office is outside the territory of the Federal Republic of Germany, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the aforementioned cases we are in any event entitled to call upon the court at your registered office.

12) Alternative dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.