General Terms and Conditions with information for customers

1. Scope
   1. These General Terms and Conditions of gotomaxx Software GmbH, Alte Bundesstrasse 16, 76846 Hauenstein (hereinafter “gotomaxx”) apply to all orders placed in our online shop. Conflicting or supplementary terms and conditions—in particular, the customer’s general terms and conditions—do not become part of the contract, even if we do not expressly object to them.
   2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
   3. A businessperson within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. Conclusion of contract
   1. Our offers are subject to change; the offers in the online shop do not constitute a binding offer on the part of gotomaxx, but serve as an invitation to the customer to submit a binding offer.
   2. The customer can submit an offer via the online order form integrated into the online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process. It is also possible to submit an offer to gotomaxx by telephone, fax, email, or mail.
   3. gotomaxx may accept the customer’s offer within five working days if:

      • gotomaxx sends the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive
      • gotomaxx provides the customer with the agreed service (and in particular transmits the necessary access data)
      • gotomaxx requests payment from the customer after submitting their offer

      If more than one of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth business day following the dispatch of the offer. If gotomaxx 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 their declaration of intent.
   4. When submitting an offer via gotomaxx’s online order form, the contract text will be saved by gotomaxx and sent to the customer after acceptance of the offer along with these General Terms and Conditions (e.g. by email, fax or postal mail).
   5. Before submitting a binding order via the Seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. Before submitting a binding order, the customer can continuously correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions. In addition, before the order is bindingly submitted, all entries are displayed once again in a confirmation window, where they can be corrected using standard keyboard and mouse functions. Once the order has been submitted, details can no longer be changed.
   6. Only the German language is available for the conclusion of the contract.
   7. Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
   1. The right of withdrawal applies only to consumers.
   Right of withdrawal

   You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the conclusion of the contract. To exercise your right of withdrawal, you must inform us (gotomaxx software GmbH, Alte Bundesstraße 16, D-76846 Hauenstein, Fax: +49 6392 – 995 – 599, Email: info@gotomaxx.com) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract.

   You can use the attached sample cancellation form, which is however not mandatory. To meet the cancellation deadline, it is sufficient for you to send notification of your exercise of the right of cancellation before the cancellation period has expired.

   
   Consequences of revocation

   If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

   If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

   
   Sample cancellation form

   Link: If you want to cancel the contract, please fill out this form and send it back to us.

4. Prices and payment terms
   1. Unless otherwise stated in the product description, the prices quoted are net prices, excluding statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
   2. For deliveries to countries outside the European Union, additional costs may arise in individual cases for which gotomaxx is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
   3. Timeliness of payment is determined by the receipt of the amount at our unconditional disposal. We generally offer you a choice of the following payment options: SEPA direct debit, PayPal, and purchase on account.
      
      If you select SEPA direct debit as your payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the advance notification period has expired. The direct debit will not be collected before the advance notification period has expired. Advance notification (“pre-notification”) is any communication (e.g., invoice, policy, contract) from gotomaxx to the customer announcing a SEPA direct debit payment. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this.
   4. If you select the payment method “PayPal”, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/us/legalhub/paypal/useragreement-full. This requires, among other things, that the customer opens a PayPal account or already has one.
   5. If you choose to pay by invoice, the purchase price is due after performance of the service has begun. In this case, the purchase price is payable without deduction within 10 days of receipt of the invoice, unless otherwise agreed.
   6. If the payment deadline is exceeded or payment is not made in full on time (e.g., when ordering on account), the customer shall be in default even without a reminder. If the customer is in default of payment or there are reasonable doubts about their ability to pay, gotomaxx is authorized to demand immediate payment of all outstanding claims against the customer and to make any outstanding deliveries under this and other contracts fully or partially dependent on prior payment.
   7. The customer may only offset undisputed or legally established claims and exercise retention rights only with respect to claims based on the same contractual relationship. The customer may only assign claims against gotomaxx to third parties with the prior consent of gotomaxx.
   8. Only electronic invoices will be issued.
5. Service content
   1. The subject matter of the service is the provision and granting of usage rights to the PDFMAILER and the various product packages offered by gotomaxx (hereinafter “Products”). The PDFMAILER’s basic component includes email delivery as a delivery method; the additionally available CLOUD services enable the delivery of documents via other delivery methods (e.g., postal mail delivery via printing centers).
   2. The scope, period, and costs of use vary from product to product. These are specified individually for each product. The initial usage period is displayed to the customer before the offer is submitted. This varies depending on the product and the selected version.
   3. The contract term for PDFMAILER products is twelve months. After twelve months, the contract will be extended for a further twelve months unless terminated 30 days before the end of the twelve-month period.
   4. The fee for all contractual services will be invoiced at the beginning of each new usage period. The parties may agree on other billing periods.
   5. In addition to the email support included in the products, the customer can request additional support (call-back support). The fee for this is 20% of the paid fee for the selected PDFMAILER product for a twelve-month period, but at least €10 per month. The term is 12 months. The subscription can also be terminated with 30 days’ notice before the end of the term; otherwise, it will automatically renew for another twelve months.
6. Granting of usage rights for digital content
   1. The PDFMAILER software is subject to copyright. All rights to the software are owned exclusively by gotomaxx in its relationship with the customer.
   2. The PDFMAILER software must be downloaded by the customer and installed on their computer. It has the following hardware and software requirements:
      • Operating system Microsoft ® Windows ® 7/8.1/10 and Windows ® Server 2008/2012/2016.
      • Application software with Windows compatible printing function, MAPI compatible mail client, Internet connection.
   3. The customer will keep the software up to date and download and install any necessary updates.
   4. The customer is granted the right to use the software to the extent agreed upon for the agreed period of time. Unless otherwise stated in the product description in the online shop, gotomaxx grants the customer the non-exclusive right to use the software provided for their own purposes (not for third parties), limited to the term of the contract. All rights of use not expressly granted remain with gotomaxx. The software may only be used for the duration of a valid license. Rental is prohibited.
   5. The customer may make data backups in accordance with the rules of technology and create the necessary backup copies of the software.
   6. The customer is authorized to make modifications, extensions, and other alterations to the software within the meaning of Section 69 c) no. 1 of the German Copyright Act (UrhG) only to the extent that such modifications are strictly permitted by law or the contractually agreed use of the software expressly provides for this. The customer is authorized to decompile the software only within the limits of Section 69 e) of the German Copyright Act (UrhG) and only if gotomaxx, after a written request within a reasonable period of time, has not provided the necessary data and/or information to establish interoperability with other hardware and software.
   7. If the customer receives, e.g. within the scope of the warranty or updates, software or software components that replace previously provided software, the rights to the previously provided and now replaced software expire as soon as the customer uses the new software productively. The customer may only use the software in accordance with the license granted. For example, if an older and a newer version are delivered, the software may only be used in one variant under a single license.
   8. The copyright notices and other legal reservations, license numbers, or other features used to identify the software may not be altered or obscured. The user has no right to demand the release of source code or development documentation.
7. Liability for defects
   1. Software cannot usually be manufactured completely free of technical errors. Therefore, defects within the meaning of liability for material defects are only those errors that significantly impair the usability of the software for its contractually agreed purpose. Defects within the meaning of liability for material defects are exclusively reproducible errors caused by quality defects in the software. Therefore, functional impairment resulting from hardware defects, environmental conditions, incorrect operation, inconsistent data, etc., is not considered a defect.
   2. The complaint must include information about the type of defect, the module in which the defect occurred, and the work performed on the computer when the defect occurred. The defect must be described in such a way that it can be reproduced.
   3. In the case of proven material defects, gotomaxx may initially provide subsequent performance. This subsequent performance will be done, at gotomaxx’s discretion, by providing a new version of the program or by gotomaxx demonstrating ways to avoid the effects of the defect. The customer must accept a new version of the program even if the adjustment involves reasonable effort.
   4. gotomaxx may make at least two attempts at subsequent performance or renewed performance for each reported defect. In special cases, a greater number of attempts at subsequent performance or renewed performance may be reasonable for the customer. The user shall support gotomaxx in the subsequent performance or renewed performance by providing error descriptions and test data, information from employees, access to the installation, etc. If subsequent performance or repeated performance ultimately fails, the customer has the right to appropriately reduce the remuneration or terminate the contract.
8. Legal defects
   1. gotomaxx guarantees that upon transfer of the agreed rights of use to the user, no third-party rights exist that conflict with the user’s contractual use.
   2. In the event of legal defects, gotomaxx is entitled to subsequent performance. In the case of proven isolated legal defects, gotomaxx provides a warranty through subsequent performance by providing the customer with a legally flawless means of using the software.
   3. If a third party asserts claims that conflict with the contractual use of the software, the customer must immediately notify gotomaxx in writing and in full. gotomaxx is entitled to conduct the legal and out-of-court dispute with the third party independently. If gotomaxx exercises this authority, the customer may not acknowledge the third party’s claims without gotomaxx’s consent.
9. Damages
   1. gotomaxx is liable for damages and reimbursement of wasted expenses, regardless of the legal basis (e.g. breach of duty or tort), in accordance with the contractual agreement, without limitation as follows:
      • For any intentional or grossly negligent damage caused by gotomaxx, one of its legal representatives, vicarious agents or assistants,
      • in the case of intentional or negligent injury to life, body or health; and
      • for claims under the Product Liability Act or insofar as gotomaxx is responsible for fraudulently concealing an item’s defect or has assumed an express guarantee for the quality of an item or a procurement risk.
   2. Furthermore, in cases of simple negligence, gotomaxx’s liability is limited to the typically foreseeable damage, however, limited to the amount of the purchase price or the annual remuneration. Material contractual obligations in this sense are contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the other contracting party regularly relies and may rely. The limitation period for claims pursuant to Section 9.2 is 12 months beginning with the delivery of the software. The shortened limitation period does not apply in the cases of Section 9.1.
   3. gotomaxx shall only be liable for data loss if the customer ensures that system checks are carried out at regular intervals and data backups are carried out at least once a working day, and only if the data can be reproduced from data sets held in machine-readable form with reasonable effort.
10. Applicable law, place of jurisdiction
    German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions is the local court with jurisdiction for gotomaxx.
11. Other provisions
    1. In all cases of termination of the customer’s right of use (e.g., by withdrawal, expiration of the agreed contract term or termination), the customer shall surrender or delete all copies of the software.
    2. Should any provision of the contract be invalid, the validity of the remaining provisions shall not be affected. In this case, the contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply if the contract contains a loophole.

Status: December 2020