1. Scope

These General Terms and Conditions (GTC) apply to the purchase and use of software products, software licenses and related services offered by AnyWareX e.U. through the AnyWareX License Shop.

These GTC apply to both consumers and businesses, unless expressly agreed otherwise or mandatory statutory provisions provide otherwise.

Individually developed software solutions, custom development services, consulting services or other services individually agreed outside the standardized offering of the AnyWareX License Shop are subject to the respective separate agreements.

The use of AnyWareX standard software, reusable software components, plugins, tools or other generally reusable solutions in connection with such individually agreed services does not, by itself, make such software or solutions part of the individually developed customer-specific work product.

2. Provider and Contracting Party

The contracting party for products and licenses purchased through the AnyWareX License Shop is:

AnyWareX e.U.
Mitte 26
9125 Kühnsdorf
Austria
Email: office@anywarex.com

Further information about the provider is available in the Legal Notice / Legal Notes.

3. Subject Matter of the Contract

The subject matter of the contract is the provision of the software, software license or related service described in the AnyWareX License Shop.

The specific scope of functions, edition, license term, number of permitted activations and, where applicable, other product-specific characteristics are determined by the respective product and plan description at the time the contract is concluded.

Where individually agreed terms differ from these GTC, the individual agreement shall take precedence over the corresponding provisions of these GTC.

4. Customer Account and License Assignment

Purchased licenses are generally assigned to a customer account in the AnyWareX License Shop.

The customer is responsible for the security of their login credentials and must protect them against unauthorized access. To the extent permitted by law, AnyWareX accepts no responsibility for damage resulting from improper storage or disclosure of login credentials for which the customer is responsible.

The permitted transfer or use of a software license by a third party does not automatically entitle the third party to receive the personal login credentials for the customer account.

5. License Scope and Activations

The number of website, domain or other activations permitted under a license is determined by the plan purchased or by an individual agreement.

Each activation recorded by the licensing system generally counts towards the activation limit applicable to the respective license. This also applies to local development, testing or staging installations unless the respective product or licensing system provides otherwise.

A registered domain or installation may, where supported by the License Shop, be removed or deactivated. The activation slot thereby released may subsequently be used for another domain or installation.

6. Use and Transfer of Licenses

The software may be used for both private and commercial purposes within the scope of the purchased license.

A license may generally also be made available to a third party for use within its term and its technical or plan-specific activation limits, unless product-specific terms provide otherwise.

In particular, the commercial resale, rental or paid trading of license keys or individual activation slots without the express consent of AnyWareX is not permitted.

Rights arising from applicable open-source licenses or other mandatory statutory provisions remain unaffected.

7. Rights in Work Results and Reusable Software

The subject matter of a customer order is the work result expressly agreed with the customer.

Software, plugins, components, libraries, frameworks, tools, processes, technical solutions and other generally reusable solutions developed by AnyWareX do not become customer-specific work products merely because they are developed, further developed, adapted or used during or in connection with the performance of a customer order.

All rights in such generally reusable AnyWareX solutions remain with AnyWareX. The customer receives only the rights of use required for the agreed use of the respective work result or software.

This also applies where such software or solutions are provided to the customer free of charge, at a reduced price or as part of another service.

If specific software, a plugin, component or other solution is to be developed expressly for a particular customer and the customer is to receive exclusive or other extended rights of use in that solution, this must be expressly agreed in a separate written agreement.

The mere commissioning of a website, software solution, consulting service or other work result does not, by itself, grant the customer rights in generally reusable software, tools, components, methods or solutions used or developed by AnyWareX in connection with the performance of that order.

Customer-specific content, data, trademarks, materials and other rights provided by the customer remain unaffected.

Applicable open-source licenses, third-party rights and mandatory statutory provisions remain unaffected.

8. License Term, VIP Licenses and Individual License Agreements

The term of a license is determined by the selected plan or by the individually agreed license term.

AnyWareX may provide individual customers with VIP, partner, premium, trial or other special licenses under special conditions. Such licenses may also be provided without a regular expiration date.

A VIP license is a special license status granted by AnyWareX to an individual customer. Unless expressly agreed otherwise, a VIP license grants only the right to use the respective software within the agreed scope. It does not transfer ownership, copyright, exclusive rights of use, exploitation rights or any other intellectual property rights in the software to the license holder.

AnyWareX may waive the license fee for a VIP or other special license in whole or in part. Such waiver is an individual benefit granted to the respective license holder and does not constitute a statement or determination that the software has no economic value or that its market value corresponds to the amount actually charged to that license holder.

A VIP or other special license granted free of charge may technically provide the same functionality as a paid license. Unless expressly agreed otherwise and to the extent permitted by law, the granting of such a license does not create an entitlement to individual support, maintenance, troubleshooting, error correction, customer-specific modifications, compatibility adaptations, future updates, new features, continued development or permanent availability of the respective product or related online services.

Support, maintenance, development, customization or other services are not included in a VIP or other special license unless expressly agreed otherwise. Such services may be provided voluntarily by AnyWareX or may be subject to a separate agreement and separate remuneration.

A license without a regular expiration date grants a continuing right of use within the agreed scope but does not, by itself, create an obligation for AnyWareX to maintain, update or further develop the software indefinitely.

The granting of exclusive rights of use, source-code rights, extended exploitation rights or other rights exceeding the ordinary use of the software requires a separate express written agreement.

Mandatory statutory warranty, liability, consumer protection and other rights remain unaffected.

9. Automatic Renewal and Termination

Where automatic renewal is provided for under the respective plan, the license will renew according to the billing period specified at the time the contract was concluded unless automatic renewal is cancelled before the next renewal.

The customer may cancel automatic renewal using the functions provided for this purpose. The license period already paid for remains valid until its regular expiry date.

Cancellation of automatic renewal does not result in a pro-rata refund of license fees already paid. Mandatory statutory rights remain unaffected.

A new paid license period requires successful payment. If a renewal payment fails, there is no entitlement to an additional free grace period.

10. Prices

The price displayed for the respective plan at the time the contract is concluded applies.

For an existing subscription, the agreed price will not be increased unilaterally without an appropriate contractual or legal basis.

AnyWareX may set different prices for future contracts.

Discounts, vouchers and other special conditions may be offered. Their scope, validity and conditions are determined by the respective offer. A discount granted does not create an entitlement to future discounts or special conditions.

11. Payment

The available payment methods are displayed in the License Shop. Payments may in particular be processed through PayPal as well as through other payment services offered by AnyWareX from time to time.

Payment processing may be carried out by external payment service providers. The terms and conditions of the respective payment service provider may additionally apply.

A license or renewal will only be activated as a paid license or renewal following successful payment, unless expressly agreed otherwise.

12. Provision of Digital Content and Right of Withdrawal

Software products provided through the AnyWareX License Shop generally constitute digital content and/or digital services.

Unless otherwise stated in the respective offer, AnyWareX generally provides the purchased software or corresponding access immediately after successful conclusion of the contract and successful payment processing.

For consumers, the statutory provisions governing the right of withdrawal from distance contracts apply.

Where provided by law, the right of withdrawal for digital content may expire before the end of the statutory withdrawal period if the consumer expressly agrees that AnyWareX may begin performance of the contract before the end of the withdrawal period and the consumer confirms their awareness that, by doing so, they lose their right of withdrawal once performance of the contract begins.

Any consent and confirmation required by law will be obtained separately during the ordering process.

Without prejudice to mandatory statutory rights, AnyWareX does not provide any additional voluntary money-back guarantee. Software already provided or license periods already paid for are not voluntarily refunded on a pro-rata basis.

13. Expiry of a License

After a Plus, Pro or other paid license expires, the user interface of the respective product may revert to Free status.

Software components or functions already installed may technically continue to operate where the respective product provides for this.

After expiry of the paid license, there is generally no entitlement to further feature updates or individual support, unless statutory update, warranty or other mandatory rights apply.

A valid license is required in order to regain access to license-dependent services and benefits.

14. Updates and Further Development

During the term of a valid paid license, the customer receives access to updates published for the respective edition, insofar as such updates form part of the respective product or plan.

AnyWareX is not obliged to publish new functions or new product versions at specific intervals.

AnyWareX is entitled to maintain and further develop its software and to modify, improve, replace or, where objectively justified and legally permissible, remove functions, technical processes, interfaces and user interfaces.

Mandatory statutory update obligations, particularly those applicable to consumers, remain unaffected.

15. Support

For valid paid licenses, AnyWareX provides product support through the support channels available from time to time. Support may in particular be provided by email, contact request or through a ticket system made available by AnyWareX.

Support requests are generally answered within three business days. This response time refers to the processing of the request or the initial response and does not constitute a guarantee that a technical problem will be fully resolved within this period.

Regular support primarily includes assistance with the proper use of software provided by AnyWareX in accordance with the contract.

Regular support does not include, in particular, individual software development, customer-specific modifications, repairs to third-party software, themes, plugins, servers, hosting environments or operating systems, or the restoration of installations modified by the customer.

16. Customer Modifications and Third-Party Software

If the customer, or a third party acting on behalf of the customer, modifies the source code, files, database structures or other components of the software, the customer is not entitled to require AnyWareX to remedy errors or malfunctions caused by such modifications as part of regular support.

AnyWareX does not guarantee that the software will operate without conflict with all plugins, themes, server configurations, hosting services, operating systems, browsers, programming language versions or other third-party products.

This also applies to future versions of WordPress, PHP or other third-party software.

17. Data Backups

The customer is responsible for backing up their own websites, files, databases, configurations and other data.

Before installing or updating software or making significant changes to a production environment, the customer should create an appropriate and current backup.

AnyWareX is not obliged to create or store customer backups or to restore customer systems from backups.

18. Availability of Services

AnyWareX endeavors to ensure reliable availability of the License Shop, license servers, update services and other online services.

However, uninterrupted or completely error-free availability is not guaranteed.

Temporary restrictions or outages may occur, in particular, due to maintenance work, technical faults, failures of hosting, network or payment service providers, security measures or events outside the control of AnyWareX.

19. Modification and Discontinuation of Products

AnyWareX reserves the right to further develop, modify, replace or discontinue individual products, editions, functions or services.

The further development or provision of a product may also be discontinued for technical, economic, legal or other objectively justified reasons.

Where reasonable and possible, affected customers will be informed in advance of a material discontinuation of a product.

Existing mandatory statutory rights or individually agreed rights remain unaffected.

20. Misuse and Suspension

AnyWareX may suspend or restrict a license in the event of a material or repeated breach of the license terms or misuse of the license.

This applies in particular to unauthorized commercial resale or rental of license keys or activation slots, public distribution of license keys, manipulation or circumvention of license verification mechanisms, and attacks or attempted manipulation directed at the License Shop, license servers or update infrastructure.

A license will not be suspended arbitrarily, and mandatory statutory rights of the customer remain unaffected.

21. Obligations in the Event of Malfunctions

If the customer identifies a malfunction, the customer must take reasonable measures to prevent avoidable further damage.

In the event of an identifiable serious malfunction of a plugin or other software, this may in particular include temporarily deactivating the affected software and refraining from further use until the issue has been clarified.

The customer should provide AnyWareX with a comprehensible description of the malfunction and the technical information reasonably required to investigate the issue.

22. Statutory Warranty

The statutory warranty provisions apply.

For consumers, this includes in particular the mandatory provisions concerning conformity of digital services and legally required updates.

No additional guarantee is provided unless it is expressly designated and granted as a guarantee for the respective product.

23. Liability

AnyWareX is liable in accordance with the applicable statutory provisions insofar as liability cannot lawfully be limited.

To the extent permitted by law, AnyWareX's liability for property damage and financial loss caused by slight negligence is limited.

With respect to business customers, liability for indirect damage, consequential damage, loss of profit, business interruption and loss of data is excluded to the extent permitted by law.

To the extent permitted by law, AnyWareX's liability towards business customers is limited in amount to the amount actually paid by the respective customer for the license or service from which the asserted claim arose.

The above limitations of liability do not apply where liability is mandatory by law, in particular in cases of intentional misconduct or in other cases in which exclusion or limitation of liability is prohibited by law.

24. Force Majeure

To the extent permitted by law, AnyWareX is not liable for delays or failures in performance caused by events outside AnyWareX's reasonable control.

Such events may include, in particular, natural disasters, fire, flooding, earthquakes, widespread power or network outages, governmental measures, failures of essential infrastructure or comparable extraordinary events.

25. International Sales

The AnyWareX License Shop is generally available to customers in countries and regions in which the respective payment services are available and where no legal, regulatory or technical restrictions prevent the transaction.

The actual availability of a payment method may depend, in particular, on the terms and geographical availability of the respective payment service provider.

26. Contract Language

The contract language is German.

An English translation of these GTC may be provided for convenience and for international customers.

In the event of any discrepancy between the German original and a translation, the German version shall prevail to the extent permitted by law.

27. Governing Law and Jurisdiction

Austrian law applies, excluding conflict-of-law rules that would result in the application of another legal system, to the extent that such a choice of law is legally permissible.

With respect to consumers, this choice of law applies only insofar as it does not deprive the consumer of mandatory consumer protection provisions applicable in the country of their habitual residence.

For business customers, the competent court at the registered office of AnyWareX shall have jurisdiction to the extent permitted by law.

For consumers, the statutory rules on jurisdiction apply.

28. Amendments to these GTC

As a general rule, the terms agreed at the time a contract is concluded apply to that contract.

Amendments to these GTC do not automatically apply retroactively to contracts already concluded unless expressly agreed or legally permissible.

The current version of these GTC will be published in the AnyWareX License Shop.

29. Final Provisions

Individual agreements between AnyWareX and the customer take precedence over these GTC insofar as they concern the same subject matter.

If individual provisions of these GTC are or become invalid or unenforceable, the legal consequences shall be determined in accordance with the applicable statutory provisions. The validity of the remaining provisions shall remain unaffected.

Mandatory statutory rights, in particular consumer rights, are not restricted by these GTC.