Terms of service
This is a courtesy translation of the German original ("AGB") for your convenience. In the event of any discrepancies, the German version is legally binding.
- Scope
These General Terms and Conditions, in the version applicable at the time of order, govern the business relationship between QyberTex UG (haftungsbeschränkt), Bauerngasse 27, 86956 Schongau, Germany, and you. This offer is directed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB) that purchase the ordered services in the course of their commercial or independent professional activity. If you have entered into a separate agreement with us for specific services or software, the terms of that agreement shall prevail over these Terms in the event of any conflict.
We only recognize deviating terms if we have expressly agreed to them in writing beforehand. QyberTex UG expressly reserves the right to amend these Terms.
- Additional Terms
Additional terms of use apply to certain services, such as our web portal.
All content we provide to you (such as online services, software, electronic design templates, and samples) is licensed to you rather than sold and may be subject to additional terms. Additional terms may be established from time to time.
Should there be a conflict between these Terms and any additional terms, the additional terms shall prevail in connection with the relevant service.
- Conclusion of Contract
Our information on services and prices in the ordering process is non-binding. The contract for the software licenses, subscriptions, and/or electronic services you have selected is only concluded once you receive written confirmation of your order and/or once you activate the access or license key for the ordered product. Automatic confirmation of receipt of your order does not constitute conclusion of a contract.
In the case of an order placed by telephone, the contract is concluded during the telephone call itself, provided you accept our offer.
Should we be unable to provide an ordered service for technical reasons or due to software errors, we reserve the right to withdraw from the contract. You will be informed of such withdrawal without undue delay.
- Price Adjustments for Subscriptions
QyberTex UG is entitled to adjust the subscription price. In the event of price increases of more than 10%, you have a special right of termination effective as of the date the increase takes effect. Notice of termination must reach us within four weeks of notification of the price increase.
- Right of Withdrawal
Businesses within the meaning of Section 14 BGB are not granted a right of withdrawal (Section 312g (1) BGB applies only to consumer contracts). Details, as well as the withdrawal instructions applicable in the exceptional case of a consumer contract, can be found on our separate "Right of Withdrawal" page.
- Provision of Digital Services
We generally provide the ordered software licenses and online services by sending access credentials or a license key by email, or by activating them in your customer account. Information on the time of provision is non-binding unless a date has been expressly agreed upon in an individual case. We endeavor to complete provision within a few business days; we accept no liability for delays that are not attributable to us.
- Subscription Period & Termination Conditions
Subscriptions continue after the expiry of a minimum subscription period unless terminated beforehand. Notice of termination must be addressed to QyberTex UG, Bauerngasse 27, 86956 Schongau, Germany, or sent by email to service@qybertex.de. Unless separate conditions are specified in an individual case, the following applies to notice periods and renewal:
Subscriptions with a minimum term of one year or more are automatically renewed for a further year unless terminated with four weeks' notice prior to the end of the subscription period.
Subscriptions with a shorter minimum term automatically renew after the subscription period expires and may thereafter be terminated at the end of any calendar month. For subscription periods already paid for, the subscription will continue to be provided after termination, unless the customer expressly requests immediate termination and a pro-rata refund of the payment.
For our online services within the web portal, you may terminate at any time, subject to 24 hours' notice prior to the end of the selected subscription period.
- Terms of Payment, Reservation of Usage Rights
Invoiced amounts are due within 2 weeks of invoicing.
For subscriptions, the subscription price for the selected term is due in advance, immediately upon invoicing, in accordance with the agreed payment schedule.
Payment is made by bank transfer; upon express request, direct debit is also possible. In the event a direct debit is not honored for reasons not attributable to us, we are entitled to charge you for the costs incurred. The usage rights granted in the licensed software remain subject to revocation until payment has been made in full.
- Warranty and Liability
If the service provided is defective, you may choose to request rectification or a replacement delivery. We may refuse to do so if this is only possible at disproportionate cost, or is delayed beyond a reasonable period for reasons attributable to us, or otherwise fails. In such cases, you are entitled, at your discretion, to withdraw from the contract or to demand a corresponding reduction in price.
As a merchant (Kaufmann within the meaning of the German Commercial Code, HGB), you are obliged to inspect the provided service without undue delay after provision and to notify us without undue delay of any identifiable defects; failure to give such notice shall be deemed approval of the service, unless the defect was not identifiable upon inspection (Section 377 HGB). In that case, notice must be given without undue delay after discovery.
We are liable without limitation for damages arising from intent or gross negligence, as well as for damages resulting from injury to life, body, or health, and under the German Product Liability Act. Otherwise, we are only liable for the culpable breach of a material contractual obligation (cardinal obligation) — an obligation whose fulfillment is essential to the proper performance of the contract and on whose observance you may regularly rely; in such cases, liability is limited to the damage that was foreseeable at the time of conclusion of the contract and typical for this type of contract.
We are not liable for damages that did not occur to the service provided itself, in particular not for consequential damages, loss of profit, wasted expenditure, or other financial losses, except insofar as these are covered by the unlimited liability described above.
We endeavor to make access to all digital content and services available around the clock, but cannot guarantee this.
We accept no liability for the continuous availability of the online connection, server availability, disruptions on the internet, force majeure, industrial action, or in the event of a business interruption or system failure.
We accept no liability for data loss or compatibility issues caused by the user. Please create regular backups of your data.
Claims for defects become time-barred within 12 months of provision of the service. This reduction of the limitation period does not apply to claims for damages based on intent, gross negligence, or injury to life, body, or health, nor to claims under the German Product Liability Act.
- Copyright
Use of our content and software is permitted solely for your own and advisory purposes. Disclosure of the content to third parties is prohibited, regardless of purpose or manner of disclosure.
Any use or exploitation of the copyright-protected content beyond the respective contractual purpose — in particular by reproduction, distribution, digitization, or storage, regardless of the storage medium or technical format — is impermissible and constitutes a criminal offense.
Further rights, in particular the right to commercial use of the content (e.g. republication, marketing), as well as transferable usage rights, media monitoring and analysis, and multi-seat licenses, may be acquired separately from us.
- Data Protection
We process your personal data for the purpose of order processing in accordance with the General Data Protection Regulation (GDPR). The provisions of our Privacy Policy apply.
- Governing Law / Jurisdiction
The business relationship with QyberTex UG is governed exclusively by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising out of or in connection with this contract is Munich.
- Severability Clause
Should one or more provisions of these General Terms and Conditions be or become invalid, the statutory provisions shall apply in their place. The invalidity of individual provisions shall not affect the validity of the remaining provisions of these General Terms and Conditions.