General terms and conditions (GTCs)

1. Scope, contractual partner

1.1 These general terms and conditions apply to all services provided by SoundInferno, in particular to orders of digital products via the SoundInferno website. SoundInferno also includes additional services, e.g. support.

1.2 SoundInferno's offer on its website is aimed exclusively at legal entities and entrepreneurs of legal age and with full legal capacity within the meaning of Section 14 of the German Civil Code (BGB). SoundInferno is not intended for sale to consumers, either directly or indirectly.

2. Offer and conclusion of contract, prices

The presentation of the products on the website does not constitute a contractual offer from SoundInferno. By clicking the "Buy" button, "order with payment" button or a similar button, the customer makes a binding offer to purchase the digital products specified on this order page (order). An automatic confirmation of receipt of the order does not constitute acceptance of this offer by SoundInferno. The contract is concluded when SoundInferno expressly accepts the order offer or begins to carry out the ordered service for the customer. If a customer account has been created, the order can be viewed there.

3. Correction of input errors

The customer has the opportunity to correct his details at any time during the order process. The customer can go to a previous input page by pressing the "Back" button on the website or the browser used. Before placing the order, the customer is given the opportunity to check the accuracy of his details.

4. Descriptions of the service

4.1 The subjective requirements for SoundInferno's products arise from the product description in the order offer. This also includes the instructions included in the service and the other requirements for using the services for the respective product. These subjective requirements are agreed conclusively and take priority over objective requirements. The installation of the digital products is not a service obligation of SoundInferno.

4.2 SoundInferno offers digital products for one-time purchase - without an update service.

4.3 SoundInferno provides support for the product used legally by the customer to the extent described in the product description on the topics specified therein.

4.4 Only use on supported IT resources is contractually permitted. The technical requirements are specified on the SoundInferno website or in the product description.

4.5 The goods remain the property of SoundInferno until they have been paid for in full. Transfer of ownership by way of security, processing or modification is not permitted.

5. Methods of payment

5.1 The digital products can be paid for using online payment methods. Cash or checks are not accepted for payment. SoundInferno reserves the right to exclude or change certain payment methods in individual cases. In principle, the following payment options are available for billing addresses in Germany:

PayPal

5.2 A bank account is debited upon conclusion of the contract and on the respective due dates for recurring payments.

5.3 The customer agrees to the electronic transmission of invoices or electronic invoices.

6. Data protection notice for products that contain modules from the financial administration or social insurance providers

As part of the contact, order, order processing, accounting and controlling as well as the fulfillment of statutory retention periods, the contact and payment data communicated to us are processed in accordance with the applicable legal regulations. These regulations include the General Data Protection Regulation (GDPR) as well as the Tax Code and other commercial and tax law regulations. In addition to the pure contact and order or invoice data, technical data is also recorded as part of the online order. This includes, for example, data on the type and version of the customer's operating system, the IP address used, browser data, etc. This data is required to ensure that the data is processed correctly and to prevent errors or misuse in the processing process. The data is used within the framework of Art. 6 GDPR and only for the purposes stated. Personal payment data is also passed on to the respective service providers (bank, credit card company) to check and process the transaction. Further and more detailed information can be found in our privacy policy on the website or in the data protection information for our customers. The latter can be found at: https://www.soundinferno/datenschutz

7. Liability

7.1 The following provisions on SoundInferno's liability and warranty apply to all claims for damages, defects or compensation claims of the customer arising from or in connection with the performance of services by SoundInferno, regardless of the legal basis on which they are based (e.g. warranty, delay, impossibility, any breach of duty, existence of an obstacle to performance, tort, etc.), but not to claims by the customer

for damages resulting from injury to life, body or health,

in the event of fraudulent concealment of a defect by SoundInferno or due to the lack of a quality for which SoundInferno has given a guarantee,

which are based on intentional or grossly negligent behavior by SoundInferno or its legal representatives,

under the Product Liability Act and

which are covered by Sections 69 or 70 of the Telecommunications Act.

For the above exceptions, the statutory regulation remains in place.

7.2 SoundInferno is liable for damage caused by gross negligence on the part of its vicarious agents, limited to compensation for the typical damage that was foreseeable for SoundInferno at the time the contract was concluded.

7.3 SoundInferno is not liable for defects in connected third-party components, the customer's own software or the interfaces used for the connection, unless they were provided by SoundInferno itself.

7.4 SoundInferno is not responsible for service disruptions due to force majeure (in particular strikes, lockouts, official orders, natural disasters, epidemics or pandemics, failure of communication networks or network infrastructure, disruptions in the area of carrier services).

7.7 SoundInferno reserves the right to raise the objection of contributory negligence, in particular with regard to the customer's obligations to back up data and protect against malware in accordance with the current state of the art.

7.8 In the event of data loss, SoundInferno is only liable for the effort required to restore the data if the customer has properly backed up the data.

7.10 The provisions of this section 7 apply accordingly to claims by the customer against bodies or employees of SoundInferno.

8. Warranty

Your warranty claims due to defects in the purchased item expire one year after the transfer of risk. Excluded from this regulation are claims for damages due to injury to life, body or health, due to gross negligence and intent, claims due to defects that are fraudulently concealed and claims arising from a guarantee that SoundInferno has assumed for the quality of the item. Also excluded is the right of recourse under Section 478 of the German Civil Code. The statutory limitation periods apply to these excluded claims.

9. Availability of online products

Care and maintenance work is required for the operation of the systems. SoundInferno is therefore entitled to temporarily stop or restrict the provision of the systems in order to carry out this work (scheduled downtime). SoundInferno informs the customer in advance of the scheduled downtimes, for example through information on the platform. If it is foreseeable in advance that the work will take longer than an hour, SoundInferno will expressly point this out in the notification; this can be done by specifying a corresponding time. Care and maintenance work is carried out by SoundInferno during times of low usage wherever possible. SoundInferno is entitled to take appropriate measures at any time, even without notice, to avert specific threats to the security and integrity of the systems. All maintenance work according to this section is not to be taken into account when calculating availability, but is to be deducted from the target time.

10. General, applicable law, place of jurisdiction

10.1 Section 312i paragraph 1 sentence 1 numbers 1 to 3 and sentence 2 of the German Civil Code do not apply.

10.2 Contracts between SoundInferno and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

10.3 Changes and additions to this contract must be made in writing (e.g. email).

10.4 All disputes arising from and in connection with the contractual relationship will be decided exclusively by the state courts responsible for the registered office of SoundInferno. SoundInferno remains entitled to sue the customer at their general place of jurisdiction. This subsection does not apply if a different, statutory, exclusive place of jurisdiction exists.