1. Scope of Application

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via our webshop between us,
ImFusion GmbH, Agnes-Pockels-Bogen 1, 80992 Munich, Germany
(hereinafter referred to as “we” or “provider”)
and our customers (hereinafter referred to as “customer”).

(2) Our offer is directed at both entrepreneurs within the meaning of § 14 BGB and – unless otherwise specified in the respective offer – consumers within the meaning of § 13 BGB.

(3) These GTC apply to all products and services offered via our webshop, in particular:

• ImFusion SDK (available in a free, non-commercial version for research use only, and a paid professional version with optional module extensions),
• ImFusion Suite (standalone product with optional module extensions),
• ImFusion Labels (standalone software application without extension capability),
• as well as any additionally offered modules, plug-ins, and license components.

(4) Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless their validity has been expressly agreed to in writing.

2. Contracting Party

The purchase contract is concluded with:

ImFusion GmbH
Agnes-Pockels-Bogen 1
80992 Munich
Germany
Phone: +49 (0)89 45246780
E-mail: info@imfusion.com

Commercial Register: Amtsgericht München
HRB 200445
VAT ID: DE284483277

3. Conclusion of Contract

(1) The product representations in our webshop do not constitute legally binding offers but are non-binding invitations to submit an order (invitatio ad offerendum).

(2) The customer can select products from our range and collect them in a virtual shopping cart by clicking the “Buy now” button. During checkout, the customer must enter all required order information or log in to an existing user account. By clicking the “Agree & Subscribe” button, the customer submits a binding offer to purchase the products in the cart.

(3) Before submitting the order, the customer may review and modify the data at any time. By submitting the order via the “Agree & Subscribe” button, the customer makes a legally binding declaration to acquire the selected products.

(4) For digital products made available for download immediately after ordering, the contract is concluded with the provision of the download link and confirmation of payment. The automatic order confirmation does not yet constitute acceptance of the offer.

(5) The contract language is English.

(6) After successfully placing the order, the customer receives a confirmation email with an overview of the order, the corresponding download link, and information regarding payment processing. In addition, we store the contract text. Customers with a user account can access, manage, and download their orders, active and past subscriptions, and associated license information (e.g., license keys) at any time via the secure login area of our webshop.

4. Prices and Payment Terms

(1) All prices in our webshop are final prices in euros and include applicable VAT, unless otherwise stated.

(2) Our products are only offered as subscriptions (monthly or annual). All prices apply per activation license; by selecting a higher quantity, customers can purchase multiple licenses at once.

(3) As our products consist solely of digital content, no shipping fees apply. If a product or service entails additional costs (e.g., support fees or optional add-ons), this will be indicated separately during the ordering process.

(4) If a product (e.g., a module extension) can only be used in conjunction with another software component, this requirement will be indicated during the ordering process.

(5) Payment is made via the payment methods listed during the checkout process. Payment processing is handled via WooPayments (a service by Automattic Inc.). We currently accept:

• Credit card (Visa, MasterCard)
• Google Pay
• Apple Pay

(6) The purchase price is due immediately upon conclusion of the contract unless a different payment term has been agreed upon.

5. Delivery and Shipping Conditions

(1) Our products are delivered exclusively in digital form by providing a download link.

(2) Unless otherwise specified in the offer, digital products are provided immediately after successful payment authorization. The customer receives a confirmation email including the order summary, download link for the product, and payment information.

(3) No physical delivery occurs for digital products. Shipping costs do not apply.

(4) The risk of accidental loss or deterioration of the digital content passes to the customer upon provision of the download link. This applies to both consumers and business customers.

(5) Delivery restrictions exist only to the extent that certain products or licenses are subject to technical or legal limitations, e.g., with respect to usage location, system compatibility, or the requirement of online license validation. For further details on license server availability, see Section 7 of these GTC.

6. Subscription Terms

(1) All products offered in our webshop are provided exclusively under a subscription model. The customer can choose between a monthly or annual billing cycle.

(2) The number of selected licenses (quantity) determines how many concurrent installations (activation licenses) are allowed.

(3) The subscription automatically renews for the originally selected billing cycle (one month or one year) unless it is canceled or modified in time.

(4) The customer may cancel or change the subscription to a different billing cycle at any time with one day’s notice before the end of the current billing period in the secure login area of the webshop.

(5) Cancellation or change becomes effective at the end of the current billing period. Full functionality remains available until then.

(6) In the secure login area, the customer can manage subscriptions. For products with different license tiers, a downgrade is possible within the billing period. Any previously activated add-on modules will be deactivated upon downgrade.

(7) The statutory right of withdrawal upon initial contract conclusion remains unaffected.

7. License Server Availability

(1) For certain products, active connection to a license server is required for use. This server is operated by an external service provider with whom a system availability of 99.9% on an annual average has been contractually agreed.

(2) Any technical requirements (e.g., internet access, firewall settings) or other usage restrictions (e.g., operating system compatibility) are specified in the respective product description and must be ensured by the customer.

(3) We reserve the right to change the service provider or make technical modifications to the server infrastructure at any time, provided that the agreed usage functionality is not materially affected.

(4) The customer is responsible for establishing and maintaining the technical prerequisites for connecting to the license server. Use without access to the license server is only permitted if this has been expressly agreed in the contract (e.g., offline licenses).

(5) Temporary unavailability of the license server does not entitle the customer to reduction, withdrawal, or compensation claims, unless the average availability under paragraph (1) is significantly undercut.

8. Right of Withdrawal for Consumers

(1) Consumers generally have a statutory right of withdrawal for distance selling contracts in accordance with § 355 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB).

(2) Exclusion of the right of withdrawal for digital content

The right of withdrawal expires for contracts for the delivery of digital content not supplied on a physical data carrier (e.g., software downloads, license keys) if:

• we have begun performance of the contract after the consumer has expressly agreed that we may begin performance of the contract before the withdrawal period has expired, and
• the consumer has acknowledged that by giving such consent, they lose their right of withdrawal (§ 356 (5) BGB).

This consent is obtained and logged explicitly during the order process via a checkbox that must be actively selected. Without this consent, the order cannot be completed.

(3) Consequences of withdrawal

If a right of withdrawal exists and is duly exercised, we shall refund all payments received from the consumer, including delivery costs (except for any additional costs resulting from a different type of delivery than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the date on which we received the withdrawal notice.

We will use the same payment method for the refund that the consumer used in the original transaction, unless expressly agreed otherwise. The consumer will not be charged any fees for the refund.

9. Retention of Title

(1) The delivered products remain our property until full payment has been received. For digital products, in particular software licenses, usage rights are granted under the condition of full payment.

(2) The customer is granted a simple, non-transferable right to use the software or license only after full payment, unless otherwise agreed in the offer or license agreement.

(3) In the event of payment default, we reserve the right to temporarily suspend access to the provided licenses or revoke the license until the outstanding amount has been paid in full.

10. Warranty and Liability

(1) Statutory warranty

For consumers, the statutory provisions on liability for defects apply (§§ 434 ff. BGB, § 327 ff. BGB for digital products).
In contracts with business customers, warranty claims expire one year after provision or delivery, unless mandatory legal provisions require otherwise.

(2) Product characteristics for digital content

For digital products (e.g., software licenses, modules, SDK components), we warrant only the characteristics specified in the product description, technical documentation, or license description. Insignificant deviations or restrictions that do not substantially impair usability do not constitute defects.

(3) Updates

Updates and further developments are not included in the scope of the provided license, unless explicitly agreed otherwise. There is no entitlement to updates, upgrades, or support services unless explicitly agreed upon in individual cases.

(4) Additional warranties

Any warranty beyond statutory defect liability is only applicable if expressly stated in the offer or product description. The terms of such warranties are defined in the respective warranty declaration.

(5) Liability

We shall be liable without limitation:

• in cases of intent or gross negligence,
• for damages resulting from injury to life, body, or health,
• under mandatory provisions of the Product Liability Act,
• in the event of fraudulent concealment of defects or the assumption of a guarantee.

In cases of slightly negligent breach of essential contractual obligations (cardinal duties), our liability is limited to the typical, foreseeable damage.
Any further liability is excluded.

(6) Data loss

In the event of data loss, we are only liable to the extent that the damage would have occurred even with proper and regular data backup by the customer.

11. Data Protection

(1) The processing of personal data is carried out in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).
Details on the nature, scope, and purpose of data processing in connection with visiting our webshop and placing an order can be found in our privacy policy.

(2) The customer can access, save, and print the privacy policy at any time via the link in the footer of the webshop or directly via the provided URL.

(3) The contract text (order data and GTC) is stored during the ordering process and sent to the customer by email after conclusion of the contract.
Customers with a user account can view, manage, and download their order history, active and past subscriptions, and associated license information (e.g., license keys) at any time via the secure login area of our webshop.
No additional permanent storage is performed by us.

12. Dispute Resolution and Online Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr

(2) We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board as defined by the Consumer Dispute Resolution Act (VSBG).

13. Applicable Law and Jurisdiction

(1) German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), 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 shall be our registered office in Munich.

(3) However, we are also entitled to bring legal action at the customer’s general place of jurisdiction.

14. Severability Clause

Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
In place of the invalid or unenforceable provision, the statutory provision that most closely approximates the economic intent of the invalid clause shall apply.
The same shall apply in the event of a regulatory gap.