Table of contents
Scope
Subject matter of the contract
Conclusion of contract
Right of withdrawal
Prices and payment terms
Provision of the software
Granting of rights of use
Customer's obligation to cooperate
Liability for defects
Liability
Applicable law
Place of jurisdiction
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter
"General Terms and Conditions") of SIMFOXX UG (hereinafter "Entrepreneur"), apply
for all contracts for the provision of software in digital form which
Consumer or entrepreneur (hereinafter "customer") with the entrepreneur
regarding the products presented by the entrepreneur in his online shop
software products (hereinafter referred to as “Software”).
Inclusion of the customer’s own terms and conditions is objected to, unless
something else has been agreed.

1.2 Consumer within the meaning of these Terms and Conditions is any natural
Person who concludes a legal transaction for purposes that are predominantly neither
attributed to their commercial or independent professional activity
can be.

1.3 Entrepreneur within the meaning of these Terms and Conditions is a natural or
legal entity or a partnership with legal capacity, which
Conclusion of a legal transaction in the exercise of their commercial or
self-employed professional activity.

2) Subject matter of the contract

2.1 In the case of contracts for the provision of software,
the entrepreneur provides the software offered by him to the
Customers in digital form subject to the granting of certain usage rights.

2.2 The customer does not acquire any intellectual property rights to the
Software. The source code of the software is not part of the
provided software.

2.3 Installation is not part of the contract.
The contractor refers to the installation instructions. This applies in particular
also for the hardware and software environment in which the software is used.

2.4 If the product description of the entrepreneur
Unless otherwise stated, the customer will not receive any individual
Application support.

3) Conclusion of contract

3.1 The products described in the entrepreneur’s online shop
Software products do not constitute binding offers on the part of the entrepreneur
but serve to submit a binding offer by the customer.

3.2 The customer can order the offer via the online shop of the
The customer submits the order form integrated into the online order form.
after placing the selected software in the virtual shopping cart and
has completed the electronic ordering process by clicking on the
The button that completes the order process is a legally binding
offer of contract with regard to the software contained in the shopping cart. Furthermore
The customer can also accept the offer by telephone, fax, e-mail or
Submit to the entrepreneur by post.

3.3 The entrepreneur can accept the customer’s offer within
of five days,

by sending the customer a written order confirmation
or an order confirmation in text form (fax or e-mail), whereby
insofar as the receipt of the order confirmation by the customer is decisive, or

by providing the customer with the ordered software,
or

by inviting the customer after placing his order to
requests payment.

If several of the above-mentioned alternatives are available, the
The contract is concluded at the time when one of the aforementioned alternatives
occurs first. The period for accepting the offer begins on the day after
sending of the offer by the customer and ends with the expiry of the
fifth day following the dispatch of the offer. If the
If the entrepreneur does not accept the customer’s offer within the aforementioned period,
This is considered a rejection of the offer with the consequence that the customer can no longer
is bound by his declaration of intent.

3.4 When submitting an offer via the online order form
of the entrepreneur, the contract text will be sent by the entrepreneur after the conclusion of the contract
stored and sent to the customer in text form (e.g.
B. email, fax or letter). Any further disclosure
The contract text is not subject to change by the entrepreneur. If the customer
Sending his order a user account in the online shop of the entrepreneur
has set up, the order data will be displayed on the entrepreneur’s website
archived and can be accessed by the customer via his password-protected user account
can be accessed free of charge by providing the relevant login data.

3.5 Before submitting a binding order via the
The customer can correct possible input errors in the entrepreneur’s online order form
by carefully reading the information displayed on the screen
An effective technical means for better detection of
Input errors can be caused by the browser’s zoom function, with
which enlarges the display on the screen. His inputs
Within the scope of the electronic ordering process, the customer can use the
correct the usual keyboard and mouse functions until he
Clicks the button to complete the order process.

3.6 The conclusion of the contract is subject exclusively to
German language available.

3.7 Order processing and contact will take place in the
Usually via email and automated order processing. The customer has
ensure that the data provided by him for order processing
E-mail address is correct, so that the entrepreneur's
sent emails can be received. In particular, the customer has
Use of SPAM filters to ensure that all emails sent by the seller
can be delivered.

4) Right of withdrawal

Consumers generally have a right of withdrawal.
Further information on the right of withdrawal can be found in the cancellation policy
of the entrepreneur.

5) Prices and payment terms

5.1 If the product description of the entrepreneur
Unless otherwise stated, the prices quoted are
Total prices including statutory VAT.

5.2 For payments in countries outside the European
Union, additional costs may arise in individual cases, which the entrepreneur cannot
is responsible for and which are to be borne by the customer. These include
For example, costs for money transfers by credit institutions (e.g.
Transfer fees, exchange rate fees).

5.3 The payment option(s) will be communicated to the customer in
The entrepreneur’s online shop is informed.

5.4 If advance payment by bank transfer is agreed, the
Payment is due immediately after conclusion of the contract, unless the parties
have agreed on a later due date.

6) Provision of the software

6.1 The entrepreneur shall effect provision by providing the
Customers a digital copy of the software for download via the Internet
For this purpose, the entrepreneur will provide the customer with an
Link is available through which the customer can download the digital copy
and save the copy at a location chosen by him
can make.

6.2 The supplier is responsible for compliance with any delivery dates.
The time at which the software is made available on the network is decisive
and this is communicated to the customer.

7) Granting of rights of use

The content and scope of the respective software license are subject to
the license terms to which the entrepreneur explicitly refers.

8) Customer’s obligation to cooperate

8.1 The customer has informed himself about the essential
functional features of the software and bears the risk whether these
his wishes and needs. The establishment of a
functional and also taking into account the additional load
hardware and software environment sufficiently dimensioned for
the software is the sole responsibility of the customer.

8.2 The customer shall bear the costs incurred by the contractor for the installation
and the instructions given for the operation of the software.

8.3 The Entrepreneur recommends that the Customer take appropriate
to take precautions in the event that the software, in whole or in part,
does not work properly (e.g. through daily data backup, fault diagnosis,
regular review of data processing results) and before installation
the software to carry out an appropriate backup of its data.

9) Liability for defects

Unless otherwise stated in the following regulations
The provisions of statutory liability for defects apply.
The following applies:

9.1 If the customer acts as an entrepreneur,
the entrepreneur has the choice of the type of subsequent performance;
For new software, the limitation period for defects is
one year from delivery of the software;
In the case of used software, the rights and claims due to
Defects excluded;
the limitation period does not start again if, within the framework of
Liability for defects will result in a replacement delivery.

9.2 The limitations of liability and
Shortened deadlines do not apply

for claims for damages and reimbursement of expenses by
Customers,

in the event that the entrepreneur fraudulently
concealed,

for any existing obligation of the entrepreneur to
Providing updates.

9.3 Furthermore, for entrepreneurs, the
statutory limitation periods for any existing statutory
Recourse claim remains unaffected.

9.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB),
him the commercial duty of inspection and complaint according to § 377 HGB.
If the customer fails to comply with the notification obligations stipulated therein, the software
as approved.

10) Liability

The entrepreneur is liable to the customer for all contractual,
contractual and statutory, including tortious claims for damages
and reimbursement of expenses as follows:

10.1 The entrepreneur is liable for any legal reason
unrestricted

in case of intent or gross negligence,

in the event of intentional or negligent injury to life,
of the body or health,

due to a guarantee promise, insofar as
nothing else is regulated,

due to mandatory liability such as under the
Product Liability Act.

10.2 If the entrepreneur negligently breaches a material
contractual obligation, liability is limited to the contractually typical, foreseeable
Damage is limited unless unlimited liability is assumed in accordance with the above paragraph
Essential contractual obligations are obligations that the contract imposes on the
Entrepreneur according to its content to achieve the purpose of the contract,
the fulfilment of which is essential for the proper execution of the contract
and which the customer can regularly rely on being complied with.

10.3 Furthermore, the liability of the entrepreneur
excluded.

10.4 The above liability provisions also apply with regard to
on the liability of the entrepreneur for his vicarious agents and legal
Representative.

11) Applicable law

All legal relationships between the parties are governed by the law
of the Federal Republic of Germany, excluding the laws on
international sale of movable goods. For consumers, this choice of law applies
only insofar as the protection granted is not limited by mandatory provisions of the
Law of the country in which the consumer has his habitual residence,
is withdrawn.

12) Place of jurisdiction

If the customer acts as a merchant, legal entity of
public law or special fund under public law with its registered office in
Territory of the Federal Republic of Germany, is the exclusive place of jurisdiction
for all disputes arising from this contract, the registered office of the entrepreneur.
If the customer is based outside the territory of the Federal Republic of
Germany, the registered office of the entrepreneur is the exclusive
Jurisdiction for all disputes arising from this contract, if the contract or
Claims arising from the contract of professional or commercial activity of the
The entrepreneur is responsible for the above
However, in any case, the court at the customer’s registered office
to call.

13) Alternative dispute resolution

13.1 The EU Commission provides information on the Internet at the following
Link provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

This platform serves as a contact point for
out-of-court settlement of disputes arising from online sales or
Service contracts involving a consumer.

13.2 The entrepreneur is obliged to participate in a
Dispute resolution proceedings before a consumer arbitration board are not
obliged, but willing to do so.