Terms and Conditions

Last updated: January 06, 2023

Scope

These Terms & Conditions (T&C) apply to all contracts between [ToddySoft GmbH], [address], [trade register number] (hereinafter “Provider”) and its customers regarding the provision of software plugins and related services. Any deviating terms of the customer shall not apply unless expressly agreed to in writing by the Provider.

Subject Matter

The Provider supplies the customer with software plugins in machine-readable form (binary code) against payment. The software is licensed, not sold. The scope of functionality is defined in the respective product description.

License Rights

  1. The customer receives a simple, non-exclusive, non-transferable right to use the software for its own business purposes.
  2. Passing on, sublicensing, or making the software publicly available is not permitted unless expressly authorized in writing.
  3. Modifications, decompilation, or reverse engineering are only permitted to the extent mandatorily allowed by law.

Fees and Payment

  1. Prices are as stated in the Provider’s offer or current price list.
  2. Invoices are payable without deduction within 14 days of receipt.

Warranty and Support

  1. The software is provided “as is.”
  2. The Provider does not warrant specific qualities or fitness for a particular purpose unless expressly agreed.
  3. Defects will be remedied within the scope of statutory warranty provisions and, where possible, by updates or workarounds.
  4. Any further support or updates require a separate agreement.

Liability

  1. The Provider is liable without limitation for intent and gross negligence.
  2. For slight negligence, the Provider is only liable for breaches of essential contractual obligations (“cardinal duties”). In this case, liability is limited to foreseeable, typical damages.
  3. Liability for lost profits, lost savings, or other consequential damages is excluded.
  4. Liability under the Product Liability Act remains unaffected.

Term and Termination

Unless otherwise agreed, the license is granted for an indefinite period. The right to termination for cause remains unaffected.

Final Provisions

  1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of jurisdiction for merchants is the Provider’s registered office.
  3. If any provision of these T&C is held invalid, the validity of the remaining provisions shall remain unaffected.