General Terms and Conditions with Customer Information

Note: This English text is a translation of the German General Terms and Conditions, provided for convenience. In case of doubt, the German version applies.

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Thorsten Nierfeld, trading as „Smitey Inh. Thorsten Nierfeld" (hereinafter referred to as "Seller"), apply to all contracts for the provision of software which a consumer or a trader (hereinafter referred to as "Customer") concludes with the Seller with regard to the software products presented by the Seller in his online shop (hereinafter referred to as "Software"). The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person concluding a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their self-employed occupational activity.

1.3 A trader within the meaning of these GTC is any natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or self-employed occupational activity when concluding a legal transaction.

1.4 The Seller's offer is directed exclusively at end customers who acquire the Software for their own purposes. Acquiring licences for the purpose of commercial resale is excluded. This does not apply to distribution via Paddle as a reseller (section 3.2). The transfer of an acquired licence pursuant to section 7.6 remains unaffected.

2) Subject Matter of the Contract

2.1 The subject matter of the contract is the provision of the software offered by the Seller in electronic form, granting certain rights of use that are regulated in more detail in these GTC.

2.2 The Customer does not acquire any intellectual property in the Software. The source code of the Software is not part of the Software provided.

2.3 Installation is not part of the contract. In this respect, the Seller refers to the installation instructions. This applies in particular to the hardware and software environment in which the Software is used.

2.4 Unless otherwise stated in the Seller's product description, the Customer does not receive individual application support from the Seller.

3) Conclusion of the Contract

3.1 The software products described in the Seller's online shop do not constitute binding offers on the part of the Seller; they serve to enable the Customer to submit a binding offer.

3.2 Ordering and payment are handled by the Seller's distribution partner Paddle as a reseller (“merchant of record”). The Customer selects the desired software in the Seller's online shop and opens Paddle's checkout. The contractual partner for the purchase contract is the Paddle entity named during checkout, usually Paddle.com Market Limited, London. Paddle's terms linked during checkout additionally apply to the purchase contract.

3.3 By clicking the button that concludes the ordering process, the Customer submits a legally binding offer of contract with regard to the selected software. The purchase contract is concluded when Paddle accepts the offer, at the latest upon the order confirmation or the provision of the Software.

3.4 These GTC govern the provision of the Software and the granting of rights of use (sections 6 and 7) by the Seller. Invoicing, payment processing and the remittance of value-added tax are handled by Paddle. Cancellations and refunds are also handled by Paddle. Details are provided in the refund policy in the Seller's online shop.

3.5 The Customer can correct their entries during checkout using the usual keyboard and mouse functions until they click the button that concludes the ordering process. The text of the contract is stored by Paddle. The Customer receives the order confirmation and the contractual provisions in text form (e-mail).

3.6 The German and English languages are available for concluding the contract.

3.7 Order processing and contact usually take place by e-mail. The Customer must ensure that the e-mail address they provide during checkout is correct, so that the e-mails sent to it, in particular the order confirmation, invoice and licence, can be received. In particular, when using SPAM filters, the Customer must ensure that these e-mails can be delivered.

4) Right to Cancel

Consumers are generally entitled to a statutory right to cancel. As the purchase contract is concluded with Paddle (section 3), the cancellation must be declared to Paddle. Detailed information about the right to cancel is provided in Paddle's cancellation instructions during checkout and in the refund policy in the Seller's online shop.

5) Prices and Terms of Payment

5.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices which include statutory value-added tax.

5.2 In the case of payments in countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

5.3 Payment is processed by Paddle (section 3.2). The available payment options are communicated to the Customer during Paddle's checkout.

6) Provision of the Software

6.1 The Seller effects provision by making the Software available to the Customer for download over the internet and, after the purchase, sending the Customer the licence file or an activation code by e-mail. Activation takes place in the Software: either by importing the licence file sent to the Customer, or by entering the activation code, which the Software redeems directly with the Seller's licence server.

6.2 For compliance with any delivery dates, the decisive point in time is the point at which the Software is made available for retrieval online and the Customer is notified of this.

7) Granting of Rights of Use

7.1 Unless otherwise stated in the Seller's product description, the Seller grants the Customer 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 The Customer is not granted a right of modification.

7.3 Renting out the Software is not permitted.

7.4 The Customer is prohibited from removing and/or altering any copy protection that may be present.

7.5 The Customer is entitled to make one copy of the Software for backup purposes. Reproductions of the Software serving proper data backup are part of the intended use.

7.6 If the Customer exercises their right to transfer the rights of use to a third party, they must impose their contractual obligations on that third party. Upon transfer, the Customer's rights of use expire. All existing copies of the Software must be deleted.

7.7 The granting of rights only becomes effective once the Customer has paid the remuneration owed in full.

7.8 If the Customer breaches the agreed rights of use so seriously that the Seller cannot reasonably be expected to continue to adhere to the contract, the Seller may terminate the agreement on the granting of rights of use to the Software concerned for cause.

7.9 In the event of termination, the Customer is obliged to delete all existing copies of the Software and to confirm this to the Seller in text form on request.

7.10 Other statutory and contractual provisions remain unaffected.

8) Customer's Duties to Cooperate

8.1 The Customer must inform themselves about the essential functional characteristics of the Software. Setting up a functioning hardware and software environment for the Software that is adequately dimensioned, also taking into account the additional load caused by the Software, is the sole responsibility of the Customer.

8.2 The Customer must observe the instructions given by the Seller for the installation and operation of the Software.

8.3 The Seller recommends that the Customer take appropriate precautions in case the Software does not work properly in whole or in part (e.g. daily data backup, fault diagnosis, regular checking of data processing results) and that they carry out a suitable backup of their data before installing the Software.

9) Liability for Defects

If the Software is defective, the provisions of statutory liability for defects apply.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

11) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's registered office.

12) Alternative Dispute Resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before a consumer arbitration board.

Version: 29.08.2026 · Created using the model texts of the IT-Recht Kanzlei · Sections 1.4, 3, 4, 5.3 and 6.1 adapted to distribution via Paddle and the licence delivery