Terms and Conditions (T&C)

§ 1 Scope of Application

(1) These General Terms and Conditions (GTC) shall apply to all contracts concluded between Marcel Beckers, trading under the name YoureCom (hereinafter referred to as the "Provider"), and its customers regarding the purchase of software, software licences, digital content and services via the Provider's online shop.

(2) Customers within the meaning of these GTC include both consumers (Section 13 German Civil Code (BGB)) and businesses (Section 14 German Civil Code (BGB)).

(3) Any terms and conditions of the customer that deviate from, conflict with or supplement these GTC shall only become part of the contract if the Provider has expressly agreed to their validity in writing.

§ 2 Contracting Party

The contracting party is:

Marcel Beckers (YoureCom)
Goethestr. 33
42327 Wuppertal
Germany

E-mail: info@yourecom.de

§ 3 Conclusion of Contract

(1) The presentation of products and services in the online shop does not constitute a legally binding offer but rather an invitation to the customer to submit an offer.

(2) By clicking the "Purchase" button, the customer submits a binding offer to conclude a contract.

(3) The automatically generated order confirmation merely confirms receipt of the order and does not constitute acceptance of the customer's offer.

(4) The contract shall only be concluded upon the Provider's express declaration of acceptance or upon the provision of the ordered service or product.

(5) The Provider stores the contract text. The customer will receive the order details together with these GTC by e-mail as part of the order confirmation.

§ 4 Prices and Payment Terms

(1) All prices stated are final prices.

(2) In accordance with Section 19 of the German Value Added Tax Act (UStG), no value added tax (VAT) is charged or shown separately.

(3) Payment may be made using the payment methods offered in the online shop, including in particular:

• PayPal
• Stripe
• Bank Transfer

(4) The purchase price shall become due immediately upon conclusion of the contract.

§ 4a Payment Terms for Subscriptions

(1) For products offered on a subscription basis, payment shall be made at the billing interval specified in the respective product description (e.g. monthly or annually).

(2) The amount due shall be charged automatically at the beginning of each new billing period using the payment method provided by the customer.

(3) If a payment attempt fails, the Provider will make further reasonable attempts to collect payment and will inform the customer accordingly. If payment ultimately remains outstanding, Section 13 shall apply.

§ 5 Delivery of Digital Content

(1) Software and digital content are supplied exclusively in electronic form.

(2) Upon successful receipt of payment, the customer will be granted access to the download and/or the purchased licence.

(3) Delivery shall generally take place immediately after successful receipt of payment.

(4) No physical media will be supplied.

§ 6 Licence Rights

(1) Upon full payment, the customer is granted a non-exclusive licence to use the purchased software.

(2) Unless otherwise stated in the respective product description, one licence entitles the customer to use the software on a single installation.

(3) A licence may be transferred to a third party. Such transfer shall only become effective once the Provider has been notified and the licence has been reassigned accordingly.

(4) The reproduction, rental, sublicensing or any other unauthorised distribution of the software is prohibited.

(5) All copyrights, trademark rights and any other intellectual property rights shall remain with the Provider.

(6) Until full payment has been received, all granted licence rights shall remain with the Provider.

(7) In the case of time-limited licences or subscriptions, the right to use the software shall exist solely for the duration of the respective contract.

§ 7 Updates

(1) Legally required updates, in particular security updates and bug fixes necessary to remedy defects, shall be provided in accordance with applicable statutory provisions.

(2) In addition, the Provider may, at its own discretion, provide feature updates, enhancements and new major releases.

(3) The customer shall have no entitlement to new features or new major releases. The Provider shall decide whether major releases are provided free of charge or subject to an additional fee.

§ 8 Support

(1) The Provider offers support for its products.

(2) The type and scope of support depend on the respective product or any individual agreement.

(3) The customer shall have no entitlement to specific response, processing or resolution times.

(4) Support is generally provided only for current software versions that are actively supported by the Provider.

§ 9 Services

(1) In addition to digital products, the Provider also offers services, including installation, customisation, custom software development and support services.

(2) The scope and content of the respective services shall be determined by the individual quotation or the relevant service description.

(3) Unless expressly agreed otherwise, the Provider does not owe any specific commercial success but only the professional performance of the agreed services.

(4) The scope, remuneration, project implementation, acceptance procedure, licence rights and any other specific arrangements relating to custom software development shall be governed by the respective quotation or a separate project agreement.

§ 10 Right of Withdrawal

(1) Consumers are generally entitled to the statutory right of withdrawal.

(2) In the case of contracts concerning digital content not supplied on a tangible medium, performance of the contract shall commence once the digital content has been made available, provided that the customer has expressly consented to the commencement of performance before expiry of the withdrawal period and has acknowledged that, by doing so, they lose their right of withdrawal.

(3) In such cases, the right of withdrawal shall expire in accordance with Section 356 (5) of the German Civil Code (BGB).

(4) Further details are set out in the separate Withdrawal Policy.

(5) In the case of subscriptions consisting of the continuous provision of digital content, the following shall apply: where the customer expressly agrees that the Provider shall begin providing the first subscription period before the withdrawal period expires and acknowledges that this results in the loss of the right of withdrawal for the period already provided, the right of withdrawal shall expire to that extent pursuant to Section 356 (5) of the German Civil Code (BGB). The right of withdrawal with regard to subsequent subscription periods not yet provided shall remain unaffected for as long as the contract as a whole remains subject to withdrawal.

§ 11 Warranty

(1) The statutory warranty rights shall apply.

(2) The Provider warrants that the software conforms to the agreed contractual specifications.

(3) Unless expressly agreed otherwise, the Provider does not warrant unrestricted compatibility with all hardware and software environments used by the customer.

(4) The customer is requested to notify the Provider of any obvious defects without undue delay after becoming aware of them. This shall not affect the customer's statutory warranty rights.

§ 12 Liability

(1) The Provider shall be liable without limitation in cases of intent and gross negligence.

(2) The Provider shall also be liable without limitation for damages resulting from injury to life, body or health, as well as under the provisions of the German Product Liability Act (Produkthaftungsgesetz).

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider's liability shall be limited to the foreseeable damage typical for this type of contract.

(4) The Provider shall only be liable for data loss to the extent that such loss could not have been avoided by the customer through proper and regular data backups.

(5) Any further liability shall be excluded to the extent permitted by applicable law.

§ 13 Payment Defaults

(1) If the customer defaults on a payment or if a payment already made is reversed or disputed, the Provider shall be entitled to temporarily suspend the affected licence until the matter has been fully resolved.

(2) Any further statutory claims shall remain unaffected.

(3) If payment for a subscription remains outstanding despite the expiry of a reasonable grace period, the Provider shall be entitled to suspend access to the subscribed service and terminate the subscription for good cause. Any further statutory claims shall remain unaffected.

§ 14 Data Protection

Personal data shall be processed exclusively in accordance with the applicable data protection laws.

Further details are set out in the Provider's Privacy Policy.

§ 15 Open Source Software and Third-Party Components

The software offered may contain third-party components that are subject to their own licence terms. Such licence terms shall remain unaffected by these General Terms and Conditions and must be observed by the customer.

§ 16 Subscription Term, Renewal and Termination

(1) Subscriptions are concluded for the minimum contract term specified in the respective product description.

(2) Upon expiry of the minimum contract term, the subscription shall automatically renew for the period specified in the product description, but for no longer than one year at a time, unless terminated in due time. The notice period shall not exceed one month prior to the end of the respective renewal period.

(3) The subscription may be terminated using the cancellation function provided in the customer's account or in text form (e-mail shall be sufficient).

(4) The right of either party to terminate the contract for good cause without notice shall remain unaffected.

(5) Upon the effective termination of the subscription, access to the subscribed service shall end at the conclusion of the current billing period that has already been paid for.

§ 17 Price Adjustments for Subscriptions

(1) The Provider reserves the right to adjust the prices of ongoing subscriptions with effect for future billing periods.

(2) Price increases shall be communicated to the customer in text form (e.g. by e-mail) at least six weeks before they take effect.

(3) In the event of a price increase, the customer shall have a special right of termination effective as of the date on which the price increase takes effect. The Provider shall expressly inform the customer of this right and the applicable notice period in the notification referred to in paragraph (2).

(4) If the customer does not exercise this special right of termination, the subscription shall continue at the adjusted price.

§ 18 Availability

(1) The Provider shall make reasonable efforts to ensure the uninterrupted availability of the online services offered.

(2) Maintenance work, security updates and other technically necessary measures may result in temporary restrictions or interruptions of the services.

(3) The customer shall have no entitlement to any specific level of availability unless expressly agreed otherwise.

§ 19 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) With regard to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the Provider's registered place of business shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship.

(4) Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provisions.