Terms and Conditions

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Stefan Maksimek (hereinafter "Provider") apply to all contracts for the provision of software that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the software products (hereinafter "Software") presented by the Provider in its online shop. These Terms and Conditions are hereby accepted as the basis for all contractual relationships; any conflicting terms and conditions of the Customer are hereby rejected, unless explicitly agreed otherwise.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither a commercial nor a self-employed professional activity.

1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of a commercial or self-employed professional activity.

2) Subject Matter of Contract

2.1 The subject matter of the contract is the provision of software offered by the Provider in electronic form, coupled with the grant of specific usage rights regulated in detail in these Terms and Conditions.

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

2.3 Installation is not part of the contract scope. The Provider refers the Customer to the installation instructions in this regard. This applies in particular to the hardware and software environment in which the Software is used.

2.4 Unless otherwise specified in the Provider's product description, the Customer receives no individual application support from the Provider.

3) Conclusion of Contract

3.1 The software products described in the Provider's online shop do not constitute binding offers from the Provider, but rather serve to allow the Customer to submit a binding offer.

3.2 The Customer may submit an offer via the online order form integrated into the Provider's online shop. After selecting the desired Software, adding it to the virtual shopping cart, and going through the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that completes the ordering process. This offer concerns the Software contained in the shopping cart.

3.3 The Provider may accept the Customer's offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• providing the Customer with the ordered Software, or
• requesting payment from the Customer after the order has been placed.

If multiple of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the Customer and ends upon expiration of the fifth day following the dispatch of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by its declaration of intent.

3.4 If the Customer selects a payment method offered by PayPal, payment processing shall be handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable in the online ordering process, the Provider hereby declares acceptance of the Customer's offer at the moment when the Customer clicks the button that completes the ordering process.

3.5 When submitting an offer via the Provider's online order form, the Provider shall save the contract text after contract conclusion and transmit it to the Customer in text form (e.g., email, fax, or letter) following dispatch of the Customer's order. The Provider does not provide any further access to the contract text beyond this. If the Customer has created a user account in the Provider's online shop before submitting an order, the order data shall be archived on the Provider's website and can be retrieved by the Customer free of charge via their password-protected user account by entering the appropriate login credentials.

3.6 Before submitting an order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better detection of input errors is the browser's magnification function, which can enlarge the on-screen display. The Customer may correct their entries during the electronic ordering process using standard keyboard and mouse functions until clicking the button that completes the ordering process.

3.7 The contract language is German.

3.8 Order processing and contact shall generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Provider can be received at this address. In particular, the Customer must ensure, when using SPAM filters, that all emails sent by the Provider can be delivered.

4) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information regarding the right of withdrawal is contained in the Provider's withdrawal notice.

5) Prices and Terms of Payment

5.1 Unless otherwise specified in the Provider's product description, the stated prices are final prices that include the statutory sales tax.

5.2 For payments in countries outside the European Union, additional costs may arise in individual cases, for which the Provider is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, currency conversion fees).

5.3 The payment method(s) shall be communicated to the Customer in the Provider's online shop.

6) Provision of Software

6.1 The Provider provides the Software by making a digital copy of the Software available to the Customer for download via the Internet. For this purpose, the Provider provides the Customer with a download link via email, through which the Customer can initiate the download of the digital copy and save it at a storage location of their choice.

6.2 For compliance with any delivery deadlines, the relevant time shall be when the Software is made available for download on the Internet and this is communicated to the Customer.

7) Grant of Usage Rights

7.1 Unless otherwise specified in the Provider's product description, the Provider grants the Customer a non-exclusive, perpetual, and transferable right to use the Software in the agreed hardware and software environment for private and/or commercial purposes.

7.2 No right to modify or create derivative works is granted to the Customer.

7.3 Renting of 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 a copy of the Software for backup purposes. Duplications of the Software serving proper data backup are part of the intended use.

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

7.7 The grant of rights becomes effective only after the Customer has paid the full agreed remuneration.

7.8 If the Customer breaches the agreed usage rights in such a serious manner that continued performance would be unreasonable for the Provider, the Provider may terminate the usage rights agreement for the affected Software with extraordinary effect.

7.9 In the event of termination, the Customer is obligated to delete all existing copies of the Software and, if requested, confirm this to the Provider in text form.

7.10 All other statutory and contractual provisions remain unaffected.

8) Customer's Obligations to Cooperate

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

8.2 The Customer must observe any instructions provided by the Provider for the installation and operation of the Software.

8.3 The Provider recommends that the Customer take appropriate precautions for the event that the Software does not function properly in whole or in part (e.g., through daily data backup, troubleshooting, regular review of data processing results) and to perform an appropriate backup of their data before installing the Software.

9) Warranty for Defects

If the Software is defective, the provisions of statutory warranty law shall apply.

10) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing international sales of goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a public law special asset with a place of business in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider's place of business. If the Customer is located outside the territory of the Federal Republic of Germany, the Provider's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Provider is in any case entitled to bring an action before the court at the Customer's place of business.

12) Alternative Dispute Resolution

The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer mediation body.

A. Right of Withdrawal

Introduction

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date the contract is concluded.

To exercise your right of withdrawal, you must inform us (Stefan Maksimek, c/o Postflex #10590, Emsdettener Str. 10, 48268 Greven, Germany, Tel.: 01602497325, E-Mail: info@telvr.ai) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail).

You may use the enclosed model withdrawal form for this purpose, though this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.

Expiry of the Right of Withdrawal

The right of withdrawal shall expire prematurely if we have begun performance of the contract after you have expressly consented to us beginning performance of the contract before the expiry of the withdrawal period, you have confirmed to us your acknowledgment that you will lose your right of withdrawal upon our commencement of performance of the contract, and we have provided you with a confirmation of the contract setting out the content of the contract, including the aforementioned conditions for the premature expiry of the right of withdrawal, on a durable medium.

B. Withdrawal Form

If you wish to withdraw from the contract, please complete this form and return it.

To
Stefan Maksimek
c/o Postflex #10590
Emsdettener Str. 10
48268 Greven
Germany
E-Mail: info@telvr.ai

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract concluded for the purchase of the following goods (*) / the provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of consumer(s) (only if this form is submitted on paper)

_________________________

Date

(*) Delete as appropriate