General Terms and Conditions

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTCs”) of Arseny Aleksandrovic Yaremenko, operating as a sole proprietor (hereinafter referred to as “Licensor”), apply to all contracts for the delivery of data not located on a physical data carrier, which is produced and provided in digital form (digital content), that a consumer or entrepreneur (hereinafter referred to as “Licensee”) concludes with the Licensor regarding the digital content offered by the Licensor in his online shop. Hereby, the inclusion of the Licensee’s own terms and conditions is expressly rejected unless otherwise agreed.

1.2 The subject of the contract is the provision of the digital content offered by the Licensor to the Licensee in electronic form through the distribution partner FastSpring, granting specific usage rights as defined in these GTCs. These usage rights are defined as a license agreement.

1.3 A consumer, within the meaning of these GTCs, is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 An entrepreneur, within the meaning of these GTCs, is a natural or legal person or a partnership with legal capacity, who or which, when entering into a legal transaction, acts in exercise of their trade, business, or profession.

2) Conclusion of the Contract

2.1 The content displayed in the Licensor’s online shop does not constitute binding offers from the Licensor but serves to invite the Licensee to submit a binding offer.

2.2 The ordering process and acceptance of the offer are handled by the distribution partner FastSpring. The Licensee can submit an offer via the online order form integrated into the Licensor’s online shop by FastSpring. By clicking the button to complete the order process, the Licensee submits a legally binding contractual offer for the digital content in their shopping cart.

2.3 The purchase agreement for the digital content is exclusively concluded between FastSpring and the Licensee. The offer is accepted by FastSpring upon confirmation of the order and successful payment by the Licensee through FastSpring’s payment service. The Terms and Conditions of FastSpring apply to the purchase agreement, which the Licensee must review and accept before completing the order.

2.4 The license agreement for the use of the digital content is concluded directly between the Licensor and the Licensee upon the provision of the content by the Licensor or FastSpring. This applies to both paid and free products.

2.5 For free content, the Licensor provides the Licensee with a download button granting access to the digital content.

2.6 The order process is generally handled by FastSpring via email and automated order processing. The Licensee must ensure that the email address he provided for the order process is accurate and that emails from FastSpring can be received, particularly when using spam filters.

3) Right of Withdrawal

Consumers within the European Union and the United Kingdom are generally entitled to a right of withdrawal. Detailed information on the right of withdrawal is provided in the Licensor’s withdrawal policy.

4) Prices and Payment Terms

4.1 All prices displayed by the Licensor are total prices, including statutory value-added tax.

4.2 For payments made from countries outside the European Union, additional costs may apply, which are beyond the Licensor’s control and are to be borne by the Licensee. These may include bank transfer fees, currency conversion fees, or other fees charged by financial institutions or payment service providers.

4.3 The Licensee can choose from various payment options displayed during the FastSpring checkout process. The preferred payment method must be selected during the order process.

5) Provision of Content

5.1 The provision of paid content is exclusively in electronic form via the distribution partner FastSpring. After completing the order process, the Licensee receives an email from FastSpring with a download link. Alternatively, the content can be downloaded directly from the confirmation page after completing the order.

5.2 For free content, the Licensor provides the Licensee with a direct download button on the Licensor’s website.

6) Granting of Usage Rights

6.1 Unless otherwise stated in the content description in the Licensor’s online shop, the entrepreneur grants the Licensee a non-exclusive, worldwide, and perpetual right to use the provided content for private and commercial purposes.

6.2 The scope of usage rights for the purchased digital products is defined in the End User License Agreement (EULA), which can be accessed here.

6.3 Redistribution of the content to third parties or the creation of copies for third parties outside the scope of these GTCs is prohibited unless the Licensor has consented to a transfer of the contractual license to the third party.

6.4 If the contract involves the one-time provision of digital content, the granting of rights becomes effective only after the customer has fully paid the agreed remuneration. The Licensor may allow provisional use of the content before this point, but no transfer of rights occurs through such provisional use.

7) Liability for Defects

7.1 The statutory liability for defects applies.

8) Applicable Law

8.1 The legal relationships of the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for the out-of-court resolution of disputes arising from online sales and service contracts involving a consumer.

9.2 The Licensor is neither obligated nor willing to participate in a dispute resolution procedure before alternative dispute resolution body.

Last Updated: December 5, 2024