Terms & Conditions

Please read these Terms of Use (“Terms”) carefully before using the digiprovider1.com website (the “Service”) operated by DIGIPROVIDER1 (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Scope

1.1 These General Terms & Conditions of DIGIPROVIDER1 shall apply to all contracts between us (the Seller) and the Customer (hereinafter “Customer”) regarding the sale, delivery, and temporary provision of digital contents, digital goods, and non-digital goods (collectively referred to as “Goods”). Services offered by the Seller are rendered exclusively as ancillary to the aforementioned purchase contracts. Deviating, conflicting, or supplementary General Terms & Conditions of the Customer shall only apply if explicitly agreed upon by the Seller.

1.2 These Terms apply to both consumers (Section 13 of the German Civil Code [BGB]) and entrepreneurs (Section 14 BGB). Unless explicitly stated otherwise, all provisions apply equally to both consumers and entrepreneurs.

1.3 These Terms also apply to future contractual relationships with Customers who are entrepreneurs.

1.4 Digital contents refer to all digital services except digital goods, such as access codes, product keys, or other digitally transmitted information.

1.5 Digital goods refer to software provided by the Seller for download, without a physical data carrier, accompanied by relevant usage rights as specified in clauses 5 and 6.

1.6 Non-digital goods refer to software distributed on physical data carriers (e.g., CDs, USB sticks) and other physical products, accompanied by relevant usage rights as specified in clauses 5 and 6.

1.7 The Seller operates an online shop on its website (the “Online Shop”) and sells products via third-party marketplaces such as eBay and Rakuten (individually “Marketplace” and collectively “Marketplaces”).

1.8 By placing a purchase order as described in clause 2.2, the Customer agrees to these Terms.

2. Contract Conclusion

2.1 Contracts for purchases via the Online Shop are not finalized when the Customer places a purchase order. The order constitutes an offer by the Customer to enter into a contract. The prices, quotes, and descriptions on the Online Shop do not constitute an offer.

2.2 Contracts for purchases made on a Marketplace are finalized when the Customer places the purchase order.

2.3 The Customer may identify input errors before submitting their purchase order by reviewing the displayed information. Using the browser’s zoom function can help detect errors. Corrections can be made using standard keyboard and mouse functions until the order is submitted.

2.4 An order confirmation sent for purchases via the Online Shop does not constitute acceptance of the offer by the Seller. A contract is only formed upon one of the Seller’s actions outlined in clause 2.5.

2.5 The Seller may accept the Customer’s offer within five days by: a) Delivering the ordered Goods directly or via a trading partner (e.g., Amazon); b) Requesting payment via a separate communication after the order is placed, including specifying a payment method.

2.6 The deadline for acceptance starts the day after the Customer submits the offer and ends five days later. If the Seller does not accept the offer within this period, the offer is considered rejected.

2.7 Contracts are concluded in English only.

2.8 Customers must ensure they can receive emails from the Seller at the address provided. Spam filters should be configured to allow emails from the Seller or third-party order handlers.

3. Subject of the Contract

3.1 The Seller provides Goods and ancillary services as specified in the contract. The nature of the service is based on the description in the Online Shop or respective Marketplace.

3.2 For non-digital goods, the Seller owes the delivery of the software on a physical data carrier and accompanying documentation. The Seller retains ownership until the full purchase price is paid.

3.3 For digital goods, the Seller owes: a) Permanent transfer of software specified in the license certificate via download and provision of documentation; b) Temporary provision of software (Software Leasing) specified in the license certificate.

3.4 Digital contents are provided for use according to the provider’s terms. Usage is subject to full payment of the purchase price, though provisional use may be allowed.

3.5 Services are only rendered as ancillary to the delivery of Goods.

3.6 Delivery is governed by clause 9.

3.7 If the Customer’s failure to cooperate (e.g., providing data) prevents the Seller from fulfilling contractual obligations, additional costs may be charged to the Customer.

3.8 For entrepreneurs, timely and correct self-delivery remains reserved if delays are beyond the Seller’s control.

4. Granting of Rights for Software

4.1 This clause applies to software purchases as described in clauses 3.2 and 3.3(a).

4.2 Upon full payment, the Customer receives a non-exclusive, permanent right to use the software. Provisional use may be permitted before full payment. The software may only be used by the number of individuals specified in the contract. Leasing, sublicensing, or making the software publicly available is prohibited.

4.3 Customers may create one backup copy of the software for future use.

4.4 Decompilation or reproduction is permitted only if legally required and after the Seller has been given the opportunity to provide necessary information.

4.5 Customers may transfer their software license to third parties, provided they cease using the software, remove all installations, and delete any copies unless required by law to retain them. Written confirmation of these actions may be requested by the Seller.

4.6 Unauthorized use exceeding the contractual terms requires the Customer to acquire additional licenses.