(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts for the delivery of software that crystality (hereinafter "Provider") concludes with consumers and entrepreneurs (hereinafter "Customer").
(2) Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract unless their validity is expressly agreed to in writing.
(1) The Provider distributes software for visual enhancement of games (hereinafter "Software"). The exact features of the Software are set out in the product description on the Provider's website.
(2) The Software is made available to the Customer as a download. After successful payment, the Customer receives access to a personal account through which the Software can be downloaded.
(3) The Provider reserves the right to further develop and update the Software technically. The Customer has no claim to specific functionalities or features.
(4) HVCI (Hypervisor-Protected Code Integrity) Support: crystality supports HVCI for users who have been flagged before, up to Windows 11 23H2. For Windows 11 24H2 and 25H2, HVCI support is not yet available. Users running Windows 11 24H2 or 25H2 with HVCI enabled will need to either downgrade to Windows 11 23H2 or earlier, or set up a dual boot configuration with a compatible Windows version to use the Software. The Provider is not responsible for compatibility issues arising from unsupported Windows versions or HVCI configurations.
(1) The presentation of the Software on the Provider's website does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer.
(2) The Customer can order the Software via the order form on the website. By submitting the order, the Customer makes a binding offer to conclude a purchase contract.
(3) The Provider will immediately confirm receipt of the order to the Customer by email (order confirmation). The order confirmation does not yet constitute acceptance of the offer, but merely confirms that the order has been received by the Provider.
(4) The contract is concluded by the Provider's express acceptance of the offer, which is effected by sending the access data or enabling the download.
(1) All prices are in Euro and include statutory value-added tax.
(2) Payment is made in advance by credit card, PayPal, or other payment methods indicated on the website.
(3) The Software will only be activated after full payment has been received.
(4) In case of payment default, the Provider charges default interest at a rate of 9 percentage points above the base interest rate. The Provider reserves the right to take further steps in case of payment default.
(1) The Software is made available to the Customer immediately after payment is received as a download. The access data will be sent by email to the email address provided by the Customer.
(2) The Customer is obliged to use the Software only on the licenses purchased by them. Passing on the Software or access data to third parties is prohibited.
(3) The Provider reserves the right to block access if misuse is suspected.
(1) Consumers have a statutory right of withdrawal. Further information on the right of withdrawal can be found in the withdrawal instructions.
(2) The right of withdrawal expires prematurely if the Provider has begun to execute the service after the Consumer has expressly agreed that the Provider may begin to execute the service before the withdrawal period expires, and the Consumer has confirmed their knowledge that they will lose their right of withdrawal once the contract has been fully performed by the Provider.
(3) Since the Software consists of digital content that is not delivered on a physical data carrier, the right of withdrawal expires as soon as the Provider has begun to execute the contract, unless the Customer has expressly agreed that the Provider may begin execution before the withdrawal period expires and has confirmed that they thereby lose their right of withdrawal.
(1) The Provider is liable for defects in the Software in accordance with statutory provisions, unless otherwise regulated below.
(2) The warranty period is one year from delivery for used software. For new software, the warranty period is two years from delivery.
(3) The Provider is not liable for damage caused by improper use of the Software.
(4) The Provider does not warrant that the Software is suitable for specific purposes of the Customer or achieves specific results.
(1) The Provider is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act.
(2) In case of slight negligence, the Provider is only liable for breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may regularly rely (cardinal obligation). In this case, liability is limited to the foreseeable, contract-typical damages at the time of conclusion of the contract.
(3) The above limitations of liability do not apply in case of injury to life, body, and health.
(4) To the extent that the Provider's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
(1) The Customer acquires a simple, non-transferable, non-exclusive right to use the Software for its intended purpose.
(2) The Customer is not entitled to reproduce, modify, decompile, disassemble, or reverse engineer the Software, unless this is legally permissible.
(3) Passing on the Software or access data to third parties is prohibited.
The Provider processes personal data of the Customer in accordance with statutory provisions. Further information can be found in the Provider's privacy policy.
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid provision whose economic result comes closest to that of the invalid provision.
(3) The place of performance and jurisdiction for all disputes arising from this contract is, insofar as the Customer is a merchant, legal entity under public law, or special fund under public law, the seat of the Provider.
(4) The Provider reserves the right to change these Terms. Changes will be communicated to the Customer at least two weeks before they take effect. If the Customer does not object to the validity of the new Terms within two weeks of receipt of the notification, the amended Terms are deemed approved. The Provider will particularly point out the significance of this two-week period in the notification.