Terms & Conditions

1. Scope of Application

These General Terms and Conditions (T&C) of Maerz Studio Softwares apply to all contracts for the provision of software that you as a consumer or business conclude with us regarding the software products presented in our online shop. We hereby object to the inclusion of your own terms and conditions.

Consumer: You are a consumer if you conclude a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

Entrepreneur: You are an entrepreneur if you conclude a legal transaction in the exercise of your commercial or self-employed professional activity.

2. Subject Matter of Contract

The subject matter of the contract is the provision of software in electronic form with the grant of certain usage rights. You do not acquire ownership of the software. The source code is not part of the provided software.

Installation is not part of the contract. The hardware and software environment in which the software is used is also not included.

Unless specified otherwise in our product description, you receive no individual application support from us.

3. Contract Formation

The software products described in our online shop do not constitute binding offers from us, but rather serve to submit a binding offer by you.

You submit a legally binding contract offer by clicking the button that completes the order process after going through the electronic ordering procedure.

We may accept your offer within five days by:

• Transmitting written or electronic order confirmation
• Providing the ordered software
• Requesting payment

If your offer is not accepted within five days, this constitutes rejection of your offer.

The contract text will be saved after contract formation and transmitted to you in text form.

Before submitting your binding order, you can identify and correct any input errors.

German is available as the language for contract conclusion.

Order processing and communication take place via email and automated order processing. You must ensure that the email address you provide is accurate.

4. Right of Withdrawal

Consumers generally have a right of withdrawal. Further information is provided in our withdrawal notice.

5. Prices and Payment Terms

The stated prices are total prices that include statutory VAT, unless our product description specifies otherwise.

For payments in countries outside the European Union, additional costs may apply in individual cases, which you must bear (e.g., transfer fees, exchange rate fees).

The payment options available are communicated to you in our online shop.

6. Software Provision

We provide the software by sending you a digital copy and a download link via email.

For compliance with delivery dates, the time when the software is made available for download is decisive.

7. Grant of Usage Rights

We grant you a non-exclusive, unlimited, transferable right to use the software for private and/or commercial purposes, unless our product description specifies otherwise.

No modification right is granted. Rental is not permitted. You are prohibited from removing or modifying any copy protection.

You may make a backup copy of the software. This is part of proper use.

If you transfer usage rights to a third party, your rights terminate and all copies must be deleted.

The grant of rights becomes effective only when you have paid the agreed compensation in full.

In case of serious violations, we may terminate the agreement extraordinarily. You must then delete all copies.

8. Your Obligations

You must inform yourself about the essential features of the software. The provision of a functional hardware and software environment is solely your responsibility.

You must follow the instructions we provide for installation and operation.

We recommend taking appropriate precautions (e.g., daily data backups) in case the software does not function properly.

9. Warranty

If the software is defective, statutory warranty provisions apply.

10. Applicable Law

All legal relationships are governed by the law of the Federal Republic of Germany. If you act as a consumer, this choice of law applies only insofar as the protection granted to you is not withdrawn by mandatory provisions of your home country.

11. Jurisdiction

If our place of business is the forum for disputes, it is the exclusive forum. However, we are entitled to sue you at your place of jurisdiction.

12. Alternative Dispute Resolution

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