Terms of sale

1. Who we are and who these terms apply to

Hafner Florian Johann (Irrvogel Interactive) makes the software and is called "we" in these terms.

Contact: support@irrvogel.com. Postal address, phone and further details: irrvogel.com/impressum

These terms apply to every purchase of a license key or a supporter key on irrvogel.com. "Consumer" means a person who buys for purposes outside their trade or profession. Rules marked for consumers apply only to consumers.

Business customers

If you buy mainly for your business, the consumer rules in sections 8 and 10 do not apply to you. For defects the statutory warranty of the Austrian Civil Code (ABGB) applies. We provide updates, including security updates, until the support end shown for each product version.

2. Who you buy from

You buy from us. Your purchase contract, including the license, is with us. Checkout and payment are handled for us by Sold through Link, LLC, a Stripe company based in the USA, as merchant of record. Link collects the price on our behalf, charges VAT where it applies and sends you the receipt and the invoice in its own name, and by paying Link you have paid us. We are responsible for the software, the license, the right of withdrawal and the warranty.

We do not issue invoices to customers.

The payment is also subject to the Link consumer terms, which include the Sold Through Link Terms.

Link's terms give consumers in the EU 14 days to cancel through Link support, in addition to your rights under these terms. If your right of withdrawal still exists and you ask Link support for a refund within this period instead of withdrawing with us, we treat this as your withdrawal. If your right of withdrawal has ended, a refund through Link support is not a withdrawal from your contract with us, but it can count in the check of earlier refunds in section 7.

3. What you get

You buy a license to use the software, and we keep all rights in the software except the right of use you receive. You receive the software by download and each new version is a further delivery. You may use every version you received without time limit, because the license does not expire.

A license covers every future version of its product, and the same license key activates each new version at no extra cost. A separate product with its own name needs its own license. If you ask us to delete your data, the license can no longer be activated, neither for this version nor for later ones.

Each license has a license key and a license number. The license key is secret and activates the software, while the license number (for example LIC-7Q2M-K9XD) names the license in emails and on the license management page and activates nothing.

4. Activation and use

The license terms of each product set out activation, the number of computers, the online check, the license check (a technical protection measure) and the use of the software without our license server.

5. Demo mode and free products

Without a valid activation every product runs in demo mode, and what the demo of a product can do is set out in the license terms of that product.

Free products cost nothing and run in full.

6. Prices and payment

Our prices are in euros, include VAT and are one-time prices, and there is no subscription. The payment page may show the price converted into the currency of your country, and if you pay in that currency it shows the exact amount before you pay. Stripe sets the exchange rate, and the rate includes a conversion fee of Stripe. You do not pay this fee if you pay in euros, where the payment page offers this. We charge nothing else.

The page before the payment names the accepted payment methods, and the payment page shows which of them are available to you, depending on your country and device.

7. Ordering and delivery

How a purchase works

1. You choose a product on its product page.
2. You press the buy button and, on the next page, still on irrvogel.com, you enter your email address and tick the three boxes set out in section 8.
3. You are taken to the checkout of Sold through Link, LLC. There your email address is already filled in, and you enter your payment details. You can check and correct every entry before you pay, and you can go back or close the page at any time without buying.
4. You press the pay button ("Pay"), which places a binding order with an obligation to pay. The contract is concluded when the payment goes through, on the condition that none of the checks after payment in section 13 fails.
5. Sold through Link, LLC confirms the payment by email with a receipt. We then send the email with your license key.

We may refuse an order if, within the last twelve months, two or more orders with the same email address were refunded in full, by us or by Link, or the bank opened a chargeback on them. A refund counts only if it came within 14 days after we sent your key email, and only if that email quoted the boxes you ticked (section 8). A chargeback counts from the day the bank opens it and stops counting when it is decided in our favor. We do not count the following.

• A refund that we record as a withdrawal.
• A refund for a defect or because the software was not delivered.
• A refund because of an error by us or by Link, such as a double charge.
• A refund more than 14 days after the key email, such as a later refund by Link.
• A refund of an order made under version 1 of the terms of sale.
• A question from your bank that is not a chargeback.
• A refund after the country check (section 13).

If we refuse an order, a person looks at the counted refunds. The person lifts the refusal if one of them was for a defect, because the software was not delivered or because of an error. You can also write to support@irrvogel.com, and a person decides.

We keep every version of these terms and of the license terms, and the email with your key names the version that applied to your purchase. You can save and print these terms from this page.

Delivery

The license key is sent by email right after payment, and this email and the PDF attached to it are the confirmation of your contract on a durable medium. They contain the following.

• Product, price, date and order number.
• The license key, the license number and the download link.
• The exact text of the three boxes you ticked, with the date and time (section 8), in the PDF.
• The model withdrawal information and the model withdrawal form, in a PDF attached to the email. English emails also carry the German model text (FAGG Anhang I).
• The terms of sale and the license terms that apply to your purchase, in the same PDF.

8. Right of withdrawal (consumers)

As a consumer you have the right to withdraw from the contract within 14 days without giving a reason. The period starts on the day the contract is concluded (§ 11 Abs 2 Z 3 FAGG). The statutory right of withdrawal applies only to consumers, so if you buy mainly for your business, you do not have it (section 1).

Immediate delivery and loss of the right of withdrawal

Before you pay, you tick three boxes on our page on irrvogel.com. None of them is ticked in advance, and the button "Continue to payment" works only when all three are ticked.

1. "I accept the terms of sale and the license terms of Hafner Florian Johann (Irrvogel Interactive) and have read the privacy policy."
2. "I expressly agree that Hafner Florian Johann (Irrvogel Interactive) sends me the license key right away, before the 14-day withdrawal period ends."
3. "I understand that I lose my right of withdrawal when performance of the contract begins early, that is when the license key is sent to me (§ 18 FAGG)."

We sell keys only with immediate delivery, so without boxes 2 and 3 a purchase is not possible.

For a supporter key the three boxes name the supporter key and the supporter key terms instead of the license key and the license terms.

We record all three boxes with the time, the version of the wording and the order reference, and the PDF attached to the email with your key quotes all three and confirms them. Your right of withdrawal ends when we send the license key (§ 18 Abs 1 Z 11 FAGG). If one of these steps is missing, your right of withdrawal stays in place for the full period.

How to withdraw

You can withdraw on the withdrawal page, without a login, and you get a confirmation by email with the date and time of receipt.

You can also send us a clear statement by email to support@irrvogel.com or by letter, and no form is required.

The model withdrawal information and the model withdrawal form are on the withdrawal page.

What happens after a withdrawal

We refund the full amount you paid, in the currency you paid, within 14 days of receiving your withdrawal, to the payment method you used, at no cost to you (§ 14 FAGG) and keep nothing back. The license key is blocked with the block reason "withdrawn" (§ 14 Abs 4 FAGG), and your right to use the full software ends with the withdrawal (section 12, which also covers supporter keys).

9. Refunds

Apart from a withdrawal, a payment can be refunded by us or by Sold through Link, LLC. Sold through Link, LLC may refund a payment within 60 days of the purchase, and at any time if it suspects fraud or an error, also without our consent. Link decides on such refunds under its own refund policy.

If the price is refunded in full, by us or by Link, the license ends and the license key is blocked with the block reason "refunded". This includes a payment reversed after a chargeback. If the dispute ends in our favor, for example because you withdraw it, the payment is restored, so the license continues and we lift the block.

We have no refund policy of our own beyond the right of withdrawal, the statutory warranty (section 10) and the refund after a block for misuse (section 12).

10. Warranty and updates (consumers)

The statutory warranty for digital content applies (Verbrauchergewährleistungsgesetz, VGG).

• We are liable for every defect that exists when the software is provided to you and shows within 2 years after that (§ 18 VGG).
• If a defect shows within the first year after provision, it is presumed to have existed at provision (§ 19 Abs 1 VGG).
• Warranty claims must be brought within 3 months after the end of the warranty period (§ 28 VGG).
• We first repair the defect or provide a corrected version, free of charge. You can ask for a price reduction or end the contract at once if the defect is serious, if we refuse or do not manage to fix it within a reasonable time, or if it shows again after our fix (§ 20 Abs 4 VGG). You cannot end the contract for a minor defect (§ 20 Abs 6 VGG).
• We provide the updates, including security updates, needed to keep the software in conformity for as long as you can reasonably expect (§ 7 VGG). We tell you when an update is available.

Every product version gets updates, including security updates, until the end date (month and year) stated for that version on its product page, which is at least 5 years after the release of that version.

The presumption in the first year does not apply if your computer does not meet the system requirements stated on the product page. If a defect may be caused by your computer, you need to help us check this within reason, for example by telling us your operating system and host program (§ 19 Abs 3 and 4 VGG).

11. Liability

Towards consumers we are liable under the statutory rules. In particular we are liable without limitation for damage caused intentionally or by gross negligence, for personal injury, and under product liability law.

Towards business customers we are not liable for damage caused by slight negligence, but this does not apply to personal injury or to liability under product liability law, and our liability for intent and gross negligence is not limited.

12. Blocking a license key

A license key can be blocked for one of three reasons.

• Withdrawn. You withdrew from the contract (§ 14 Abs 4 FAGG).
• Refunded. The price was refunded in full or reversed after a chargeback, or you ended the contract because of a defect (§ 24 Abs 3 VGG).
• Misuse. One of the grounds below applies.

Grounds for a block for misuse

We may block a license key for misuse only on one of these five grounds.

1. Sharing the key publicly. You posted the license key online or gave it to many people, or someone did this with your consent.
2. Passing the license on to several people. You sold or gave the license key to more than one person, or you split the license, for example one computer each for two people.
3. Bypassing the activation or the limit. You, or someone with your consent, bypassed, cracked or changed the license check, used the software with a changed license check or with a key generator, used the full software on more computers than allowed (for example on a computer after it was deactivated or removed, without a new activation), or published or passed on a cracked copy, decompiled program code or files extracted from the software.
4. Chargeback fraud. You paid and then disputed the payment with your bank or card issuer while keeping the software. The payment is then reversed and the key is blocked with the block reason "refunded". Section 9 applies, also if the payment is restored.
5. Getting around the limit on remote removals. You removed computers that you activated yourself, or that were activated with your consent, as not yours ("That wasn't me") in order to get around the limit on remote removals, and you did it again after our warning.

Transferring the whole license to another person under the license terms is allowed and is not misuse. Supporter keys are personal and cannot be transferred (supporter key terms).

We have to show that a ground applies.

How a block for misuse works

1. Before we block a key for misuse, we warn you by email. The email names the ground and our evidence, for example where the key was found or on how many computers it was used.
2. You can answer within 14 days. If your key became known without your fault, for example through theft, tell us and you get a replacement key free of charge. The old key can then no longer be activated, and if other people activated it, we remove every computer activated with the old key and you activate your own computers again with the new key.
3. We block the key only if the misuse continues after our warning, if you do not answer within 14 days, or if your answer does not explain the misuse.

For ground 5 a missing or unclear answer is not enough, and we block the key only if you do it again after our warning.

If we block a key for misuse on grounds 1 to 3 or 5, we end the contract and refund the price you paid within 14 days, to the payment method you used. We may set off claims we can prove against you because of the misuse. For ground 4 the payment has already been reversed, so there is nothing to refund. Your rights under the statutory warranty and your right to claim damages stay in place.

If you show us later that the key became known without your fault, the license continues and we lift the block and send you a replacement key free of charge.

Ground 4 needs no warning because the reversed payment blocks the key by itself.

You can contest a block at any time by writing to support@irrvogel.com, and our view is not binding on you. A block that turns out to be unjustified is lifted at once. If we lift a block after we refunded the price, you can either keep the refund or pay the price again and keep the license.

A block reaches each activated computer the next time it checks the license, and the software then returns to demo mode.

Your right to use the full software ends after a withdrawal, after a full refund of the price (also a refund by Link), after a chargeback unless the payment is restored, after you end the contract because of a defect, and after a justified block. This applies even if a computer has not yet received the block, for example because it is offline or behind a firewall. After that you may use only the demo, and for a supporter key only the supporter triangle shows again. The free products stay usable in full.

13. No sales to the USA

Our products are not offered for sale in the USA. Purchases are not possible if your internet address is in the USA (checked before payment), if your billing address is in the USA, or if you pay with a card issued in the USA and your billing address is outside the EU and the EEA. If one of these checks fails after payment, no contract comes about, we refund the full price at once and we send no license key. This decision is made automatically, but you can ask a person to review it by replying to our email or by writing to support@irrvogel.com, and you can explain your view. A person then checks the order and the result of the check and answers you by email. If the check was wrong, we tell you and you can buy again.

Purchases are also not possible from countries where our payment provider cannot handle the tax for us. The page before the payment lists the countries you can buy from, and the same checks apply.

The website and the free demo versions stay available everywhere, and customers from every EU and EEA country can buy. The check of the internet address before payment applies to them as well, for example while travelling in the USA.

14. Supporter keys

A supporter key is a purchase, not a donation, and it only hides the supporter triangle in free products. The full rules are in the supporter key terms. All sections of these terms apply to supporter keys, and the supporter key terms replace sections 3, 4 and 5. Where these terms say license key, this includes the supporter key.

15. Applicable law and courts

Austrian law applies. If you are a consumer and live in another country, you also keep the protection of the mandatory consumer law of that country. As a consumer in the EU you can bring a claim against us in Austria or at the courts of the place where you live. We can bring a claim against you only at the courts of the EU country where you live. For business customers the competent court in Klagenfurt has exclusive jurisdiction.

16. Language and changes

These terms are available in German and English, and you can conclude the contract in either language. The contract language is the language of the page on which you buy, and the terms in that language apply to your contract.

We may change these terms for future purchases, but changes do not affect contracts already concluded.

17. Complaints

If you have a complaint, write to support@irrvogel.com and we answer by email. If we cannot settle a complaint, we tell you by email which consumer arbitration body is competent and whether we take part in its procedure.