§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Softdot.Studio (hereinafter "Provider"), Buchenweg 5, 85283 Wolnzach - Germany, represented by Maurice Tusche, and its customers (hereinafter "Customer") regarding the products and services offered by the Provider.
(2) The Provider's product portfolio includes in particular, but is not limited to:
- Trading software (plugins for trading support, without broker or trading account provisioning)
- Mobile lifestyle apps
- AI applications (e.g., office applications)
- Computer games (for mobile, web, and PC)
- Custom software on a customer basis
(3) Terms and conditions of the Customer or third parties shall not apply, even if the Provider does not separately object to their validity in individual cases. Even if the Provider refers to a letter that contains terms and conditions of the Customer or a third party or refers to such, this does not constitute agreement with the validity of those terms and conditions.
(4) These GTC apply to both consumers and businesses, unless a differentiation is made in the respective clause.
§ 2 Conclusion of Contract
(1) The presentation and promotion of products on our website, in catalogs, or on distribution platforms does not constitute a binding offer to conclude a contract, but rather an invitation to place an order (invitatio ad offerendum).
(2) By ordering a product or commissioning a service, the Customer submits a binding offer to conclude a contract. The Provider can accept this offer within five working days by:
- a) Sending an order confirmation in text form (email, fax, or letter), whereby the receipt of the order confirmation by the Customer is decisive, or
- b) Delivering the goods or making the digital content available for download, whereby receipt by the Customer is decisive, or
- c) Requesting payment from the Customer.
(3) For orders via distribution platforms such as MQL5, Google Play Store, or Steam, the terms of use of the respective platform operator also apply. In the event of contradictions between these GTC and the conditions of the platform operator, the conditions of the platform operator may take precedence, insofar as this is mandated by the guidelines of the respective platform. The Provider expressly points out that it has no influence on the terms and conditions of the platform operators.
(4) The contract text is stored by the Provider. The current GTC are available for viewing on the Provider's website and will also be made available in text form upon request. By placing an order, the Customer accepts the GTC valid at the time of contract conclusion, which are referred to during the ordering process.
§ 3 Scope of Services and Customer's Obligations to Cooperate
(1) The exact scope of services is derived from the product description or individual offer of the Provider as well as from the supplementary information on the Provider's website.
(2) For standard software products, the functional scope is detailed in the product description. The Provider points out that, according to the state of the art, software cannot be created completely free of errors.
(3) For custom software projects, the Customer is obligated to provide the Provider with all documents and information required for the creation of the custom software in a timely and complete manner. If the Customer does not fulfill its obligations to cooperate or does not do so in a timely manner, the Customer shall bear the resulting costs (e.g., for additional work or delays).
(4) For trading software, the Provider expressly points out that it is exclusively support software that does not provide broker or trading account functionalities. The software does not offer investment advice and does not guarantee trading success. The use of the trading software is expressly at the Customer's own risk. It is expressly pointed out that trading in financial markets involves considerable risks and can lead to the total loss of the capital invested. Any liability for financial losses that could arise from the use of the software is excluded, insofar as legally permissible.
(5) The Customer is responsible for ensuring that the hardware and software used by them meets the technical minimum requirements of the product. The applicable minimum requirements are listed in the product description.
(6) The Customer is obligated to take appropriate security measures to protect their IT systems from cyber attacks, data loss, and other security risks. This includes, in particular but not exclusively: the use of current operating systems and security updates, the use of current antivirus software, regular data backups, and an appropriate password policy.
(7) The Customer is obligated to sufficiently test the software and all its functionalities in a secure test environment before productive use. The Provider expressly points out that, according to the state of the art, errors in software products cannot be completely excluded. For damages or losses arising from undiscovered errors in the software, the Provider is only liable within the framework of the limitations of liability set out in § 7 of these GTC. Discovered errors or disruptions should be reported by the Customer immediately using the contact options specified in § 11 paragraph 4.
(8) The Customer shall indemnify the Provider against all claims by third parties arising from unlawful use of the software or from a breach of the Customer's obligations to cooperate.
(9) Insofar as the Provider offers AI applications, the Customer undertakes not to use them for unlawful, abusive, or ethically questionable purposes. This includes, in particular but not exclusively, the creation of illegal content, the dissemination of misinformation, the violation of third parties, personal rights, or the circumvention of security measures. The Provider reserves the right to block access to the AI functions in the event of violations of this obligation and, if necessary, to take legal action.
§ 4 Usage Rights and Intellectual Property
(1) All rights to the software products created by the Provider, in particular copyright, trademark, and patent rights, remain exclusively with the Provider, unless expressly agreed otherwise.
(2) The Provider grants the Customer a simple (non-exclusive), unlimited in time, non-transferable, and non-sublicensable right to use the acquired software. The scope of the right of use is determined by the respective contract and may vary depending on the product category.
(3) For standard software, the Customer is entitled to use the software on the agreed number of devices or for the agreed number of users. Reproduction of the software is only permitted insofar as it is necessary for contractual use.
(4) For custom software, unless otherwise agreed, the Customer receives a simple right of use for the contractually agreed purpose. The transfer of source codes only takes place if this has been expressly agreed.
(5) The Customer is not entitled to decompile, disassemble, or reverse engineer the software, unless expressly permitted by applicable law. The Customer is also prohibited from removing or modifying the Provider's proprietary notices, ownership information, labels, or trademarks.
(6) In the event of violations of these provisions, the Provider is entitled to revoke the granted rights of use and to assert claims for damages.
§ 5 Prices, Payment Conditions, and Retention of Title
(1) The prices stated on the website or in product descriptions may be net prices, i.e., without value added tax. The value added tax applicable to the respective Customer is calculated and displayed in the payment process based on the legal requirements of the Customer's country. The complete amount to be paid, including all taxes, is displayed to the Customer before completion of the purchase.
(2) Payment is made according to the Customer's choice through the payment methods offered during the ordering process. The Provider reserves the right to exclude certain payment methods.
(3) For payments via the payment service provider Paddle or via distribution platforms such as MQL5, Google Play Store, or Steam, the respective payment conditions of the service provider or platform additionally apply.
(4) Unless otherwise agreed, invoices are payable immediately upon receipt without deduction. In case of payment default, the Provider is entitled to charge default interest at the statutory rate.
(5) For business customers, the delivered goods remain the property of the Provider until full payment of all claims from the business relationship (retention of title).
(6) The Customer only has a right to offset if their counterclaims have been legally established or acknowledged by the Provider. The Customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.
§ 6 Delivery, Delivery Time, and Transfer of Risk
(1) The delivery of digital products takes place depending on the product and agreement through:
- a) Provision for download from the Provider's server,
- b) Sending a download link via email, or
- c) Provision via one of the distribution channels (MQL5, Google Play Store, Steam, etc.).
(2) Delivery on a physical data carrier by mail or by another way not mentioned in paragraph 1 only takes place in exceptional cases and for a separate fee after prior agreement.
(3) Unless otherwise agreed, the delivery period begins with the conclusion of the contract. For custom software or additional services, the delivery period only begins after the Customer has provided all necessary documents and information and after receipt of an agreed down payment.
(4) For consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the consumer or a recipient designated by them upon delivery of the goods in the case of a sale by delivery. This applies regardless of whether the shipment is insured or not.
(5) For business customers, the risk of accidental loss and accidental deterioration of the goods passes to the carrier, freight forwarder, or other person or institution designated to carry out the shipment upon delivery of the goods.
(6) For digital products that are made available for download, the risk passes with the provision of the download and information to the Customer about this.
§ 7 Warranty and Liability
(1) The Provider is liable for defects according to the statutory provisions, unless otherwise specified below.
(2) The following periods apply for warranty claims:
- a) For consumers, the statutory warranty period is 24 months from delivery or, if acceptance is required, from acceptance.
- b) For business customers, the warranty period is only 12 months from delivery or, if acceptance is required, from acceptance.
- c) The shortened warranty period for business customers does not apply to claims for damages by the Customer arising from injury to life, body, or health or from intentional or grossly negligent breaches of duty by the Provider or its vicarious agents, each of which shall become statute-barred according to the statutory provisions.
(3) The Provider is liable without limitation:
- a) in case of intent or gross negligence,
- b) for injury to life, body, or health,
- c) according to the provisions of the Product Liability Act, and
- d) to the extent of a guarantee assumed by the Provider.
(4) In the case of slightly negligent breach of a duty that is essential for achieving the purpose of the contract (cardinal obligation), the Provider's liability is limited in amount to the damage that is foreseeable and typical according to the nature of the business in question.
(5) The Provider is not liable for delays or non-fulfillment of its obligations if these are due to force majeure. Force majeure includes, in particular, natural disasters, war, terrorist attacks, epidemics, pandemics, government measures, cyber attacks, power outages, and similar unforeseeable and unavoidable events.
(6) For AI-supported applications, the Provider assumes no warranty for the completeness, currentness, and correctness of the AI-generated results. The Customer bears sole responsibility for the use of the results.
(7) There is no further liability of the Provider. In particular, the Provider is not liable for initial defects, unless the conditions of paragraphs 3 or 4 are met.
(8) For trading software, the Provider assumes no liability for financial losses that could arise from the use of the software. The software serves exclusively as a support tool and does not offer investment advice or guarantee trading success.
(9) The above limitations of liability also apply to the personal liability of the Provider's employees, representatives, and organs.
(10) The Provider endeavors to meet the requirements of the EU AI Act and other relevant regulations on AI applications. The classification and categorization of the respective AI components according to applicable regulatory requirements is provided in the product documentation. The Customer is advised that the legal framework for AI applications is continuously evolving and subject to change.
§ 8 Right of Withdrawal
(1) Consumers have a statutory right of withdrawal. Detailed information on this as well as the model withdrawal form can be found in the #Right of Withdrawal, which can be viewed on the Provider's website.
(2) The right of withdrawal expires for digital content that is not delivered on a physical data carrier if the Provider has begun execution of the contract with the express consent of the consumer before the expiry of the withdrawal period and the consumer has confirmed their knowledge that they lose their right of withdrawal through their consent. The right of withdrawal expires for digital content with the beginning of execution, i.e., in particular through the provision of the software for download, if the Customer has expressly consented to this.
§ 9 Return and Cancellation
(1) There is generally no contractual right of return beyond the statutory warranty claims and the right of withdrawal for consumers, unless the Provider has expressly promised this.
(2) For certain software products marked accordingly that are purchased directly through the Provider's website, the Provider offers a 30-day right of return. The return must be made within 30 days of purchase by a notification in text form (email or letter) to the Provider. The refund is made via the originally used payment method. For products purchased through third-party platforms, only the return conditions of the respective platform apply.
(3) For custom software projects, cancellation by the Customer is only possible up to the point at which the Provider has begun implementation. In this case, a cancellation fee of 10% of the agreed price is due. After the start of implementation, the Customer can only withdraw from the contract against payment of the services rendered up to that point and compensation of 20% of the remaining order value.
(4) Cancellation requests must be made in text form (by email or letter).
§ 10 Data Protection
(1) The Provider collects and uses personal data of the Customer exclusively within the framework of the provisions of applicable data protection law, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
(2) As part of the product functionality, certain data may be transmitted to third-party providers, especially when using AI services or other API services. When using AI services, data may be transferred to providers whose headquarters or servers may be located outside the EU/EEA. By using these functions, the Customer accepts the associated data transmission.
(3) Detailed information about the type, scope, and purpose of data processing, about legal bases, storage duration, your data subject rights, and other data protection-relevant information can be found in the #Privacy Policy of the Provider, which can be viewed on the Provider's website and which is part of these GTC.
§ 11 Updates and Support
(1) The Provider is entitled, but not obligated, to develop updates and improvements to its standard software products and to offer them to the Customer. Whether and under which conditions updates are made available is determined by the respective product description or a separate maintenance contract. The Provider does not guarantee permanent compatibility of the software with all versions or updates of operating systems or platforms, unless this has been expressly promised.
(2) When the development of a software is terminated and its sale is discontinued, functional updates, security updates, and bug fixes are offered for a period of up to 5 years after discontinuation, based on user feedback. New features are excluded from this. Feedback submitted after these 5 years may, under certain circumstances, be processed voluntarily at the sole discretion of the Provider, without, however, constituting an obligation of the Provider.
(3) The Provider reserves the right to discontinue products and associated services (End-of-Life). In this case, the Provider will inform the affected Customers at least 3 months in advance through a notification on its website and, if possible, by email. A discontinuation can occur in particular due to technological developments, security-relevant aspects, economic considerations, or changed market conditions. With the discontinuation, associated servers can also be shut down. The Provider will endeavor to offer the Customer an appropriate solution or alternative, but is not obligated to do so.
(4) In case of problems with the software or questions about the Provider's products and services, the Customer is requested to contact the Provider via the contact form on the Provider's website (https://www.softdot.studio/contact) or by email to support@softdot.studio. For the most efficient processing, the Customer should describe the problem in detail and provide relevant information such as product name, version, operating system used, and a precise error description. The Provider endeavors to provide support in a timely manner within the scope of its possibilities, without, however, a legal claim of the Customer being derived from this.
(5) Unless expressly agreed otherwise, support and maintenance services are not included in the purchase price and must be purchased separately. The conditions for support and maintenance are derived from the respective product description or a separate support or maintenance contract.
(6) The Customer is not entitled to pass on updates or support services to third parties, unless otherwise agreed.
§ 12 Choice of Law and Place of Jurisdiction
(1) For all legal relationships between the Provider and the Customer, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as the consumer is not deprived of the protection afforded to them by mandatory provisions of the law of the state in which they have their habitual residence.
(2) If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider's place of business. However, the Provider is also entitled to sue at the Customer's general place of jurisdiction.
§ 13 Final Provisions
(1) The contract language is German. Translations of these GTC into other languages are for information purposes only. In case of contradictions between the German text and the translation, the German text shall prevail.
(2) The Provider reserves the right to change these GTC at any time with effect for the future. The Provider will inform the Customer of changes to the GTC by email. The changed conditions become effective if the Customer does not object to them in text form within 30 days of receipt of the notification of change. In the event of an objection, the Provider may terminate the contractual relationship at the next possible date. The Provider will inform the Customer in the notification of change about the significance of their behavior.
(3) The Provider is not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining GTC. In place of the invalid or unenforceable provision, that valid and enforceable provision shall be deemed agreed whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
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