Effective date: January 2024
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.
Contract language is German. This is a translation from our German AGB. German Version shall prevail.
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, Am Hauptbahnhof 6, 53111 Bonn (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.
Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Skymatic GmbH, Am Hauptbahnhof 6, 53111 Bonn, e-mail: [email protected], fax: 02241 / 2667424) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Translated with www.DeepL.com/Translator (free version)
Consequences of Withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Sample Revocation Form
The legislator provides the following model withdrawal form in Annex 2 to Article 246a § 1 (2) sentence 1 number 1 and § 2 (2) number 2 EGBGB:
Am Hauptbahnhof 6
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 (*) / received on (*): __________________
Name of the customer: __________________
Address of the customer: __________________
Signature (only in the case of paper-based notice): __________________
(*) Delete as applicable.
Special Notes: Exclusion or Premature Expiration of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely if
- Skymatic begins with the execution of the contract (§ 356 para. 5 BGB),
- after the customer, as a consumer, has expressly consented to the commencement of the execution of the contract before the expiry of the revocation period (§ 356 para. 5 no. 1 BGB), and
- the customer as a consumer confirms his knowledge of the loss of the right of withdrawal (§ 356 para. 5 no. 2 BGB).
§10 Online Dispute Resolution as well as Information According to § 36 VSBG
10.1 The EU Commission has provided a platform for out-of-court dispute resolution at https://webgate.ec.europa.eu/odr.
10.2 Skymatic is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§11 Final Clauses
11.1 Should individual provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace such provisions by effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a gap in the contract.
11.2 There are no oral or written collateral agreements to this contract. Amendments to this contract and its annexes must be made in writing.
11.3 German law shall apply to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).
11.4 The place of jurisdiction for all disputes arising from or in connection with this contract shall be Bonn, Germany, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. Any exclusive place of jurisdiction shall have priority.