Effective date: May 2020
By purchasing licenses and using software licenses and other digital content offered on this website, you declare your agreement with the following Terms & Conditions (T&C) of Skymatic GmbH in the context of current and future business relations.
The following General Terms and Conditions apply exclusively within the scope of the contractual relationship for the acquisition and use of codes for the activation of digital content and associated licenses between Skymatic GmbH, Grantham-Allee 2-8, 53757 Sankt Augustin (Skymatic) and the customer. Any general terms and conditions of business of the customer that contradict or differ from these Terms and Conditions shall not form part of the contract.
§2 Conclusion of Contract
2.1 Contents presented on this website (e.g. additional features) and their price labels represent a legally binding contract offer to the customer, which the customer can accept.
2.2 By ordering the contents, the customer bindingly declares that he/she wishes to purchase the contents in a legally binding manner, whereby he/she sets the price himself/herself within the scope of “Pay-What-You-Want” offers and thus accepts Skymatic’s offer.
2.3 Before the binding submission of the order, the customer may reject and correct all entries made or cancel the ordering process by leaving the site.
2.4 In the course of the order, the customer is given the opportunity to see and print the order overview and these T&C. After conclusion of the contract, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to the customer again by email. The text of the contract is not stored by Skymatic.
§3 Prices, Payment Modalities
3.1 The provision of the contents is generally subject to advance payment. Payment is made by PayPal, Visa or MasterCard. The reference currency is Euro. Other currencies offered are converted at the daily market rates.
3.2 Invoices are issued by a payment service provider and can be accessed online at any time. A corresponding link will be sent to the customer after conclusion of the contract to the email address provided by him.
§4 Execution of the Contract
4.1 After receipt of payment, the customer will be provided with a character string (“code”) exclusively by electronic means. For this purpose the customer will be sent an email. With this code, the customer can unlock the content in the corresponding software (such as “Cryptomator”).
4.2 The customer himself is responsible for ensuring that the necessary technical precautions (Internet connection; current Internet browser, etc.) are in place to access Skymatic’s online services and to use the digital content.
§5 Rights of Use
5.1 The customer acquires a simple (non-exclusive) and non-sublicensable right of use for the content offered by Skymatic that can be activated.
5.2 If the licensed content extends the functional scope of a product purchased under another license, the original license terms remain unaffected. This applies in particular to open source products provided by Skymatic, such as Cryptomator, for which the respective open source licenses apply.
5.3 The data and/or codes made available exclusively entitle the customer to use the digital contents that can be activated with them. The codes are to be kept secret from access by third parties. Unauthorized use by third parties must be prevented.
6.1 Some products provided by Skymatic encrypt data with a key that is known exclusively to the customer. The customer acknowledges that Skymatic has no possibility of recovering lost data or passwords. The customer further acknowledges that the purpose of encryption is to protect privacy, but that it does not provide any technical protection against the loss of data. Skymatic is not liable for the loss of data that could have been avoided by data backups on the part of the customer.
6.2 The customer’s claims for damages or compensation for futile expenses are based on the following provisions:
Skymatic shall have unlimited liability for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by Skymatic, a legal representative or a vicarious agent of Skymatic.
In the case of other liability claims, Skymatic shall have unlimited liability only in the absence of a guaranteed quality and for intent and gross negligence of its legal representatives and vicarious agents.
Skymatic shall be liable for slight negligence only if an obligation is violated, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the case of a slightly negligent breach of a cardinal obligation, liability is limited to five times the net remuneration owed by the customer, as well as to such damages that must typically be expected to occur in the course of the performance of the contract.
6.3 If a licensed content extends the functional scope of a product purchased under another license, liability is limited to the extended functional scope. This applies in particular to open source products provided by Skymatic, for which liability is regulated in the respective open source licenses.
Skymatic is the copyright holder of the digital content offered, which can be activated with the data and/or codes. It holds all exclusive rights of use. By purchasing the digital contents, rights of use are only granted to the extent described under “5. Rights of Use”.
§8 Data Protection
If the customer is a consumer, he has a right of withdrawal.
The customer has the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the date of conclusion of the contract. In order to exercise the right of withdrawal, the participant must inform Skymatic (Skymatic GmbH, Grantham-Allee 2-8, 53757 Sankt Augustin, email: [email protected], fax: +49 2241 / 2667424) of his decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). The customer may use the attached sample revocation form for this purpose, which is not mandatory.
In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of Withdrawal
If the customer revokes this contract, Skymatic shall refund all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the participant has chosen a different type of delivery than the cheapest standard delivery offered by Skymatic), immediately and at the latest within 14 days from the day on which Skymatic received notification of the revocation of this contract. For this repayment, Skymatic shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; under no circumstances shall the customer be charged for this repayment.
Sample Revocation Form
If the customer wishes to revoke the contract in accordance with the aforementioned revocation instructions, he/she can fill out this form and return it to Skymatic. However, the use of the form is not mandatory.
To: Skymatic GmbH Grantham-Allee 2-8 53757 Sankt Augustin Germany Email: [email protected] Fax: 02241 / 2667424 I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods: Ordered on (*): __________________ Name of the customer: __________________ Address of the customer: __________________ Signature (only in the case of paper-based notice): __________________ Date: __________________
(*) Delete as applicable.
§10 Online Dispute Resolution as well as Information According to § 36 VSBG
Skymatic is legally obliged to refer you to the European Online Dispute Resolution Platform (ODR Platform) of the European Commission. This ODR platform can be reached at: https://webgate.ec.europa.eu/odr.
Skymatic does not, however, take part in a dispute settlement procedure before a consumer arbitration body.
§11 Applicable Law, Contract Languages, Place of Jurisdiction
11.1 Only the law of the Federal Republic of Germany shall apply to the contracts to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply insofar as it does not deprive the customer of mandatory consumer protection provisions of the state in which the customer has his habitual residence.
11.2 The place of performance for all obligations of both contracting parties is the registered office of Skymatic.
11.3 Contract languages are German and English.
11.4 The place of jurisdiction is Bonn, Germany, if legally compatible.
11.5 Should any provision of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.