Terms and Conditions

Terms and Conditions for the Requestor Website and the Requestor Application



§ 1
General - Scope - Definitions

(1) The "Merchant of Record" sells the license to use the software to the Licensee (see also https://www.paddle.com/blog/what-is-merchant-of-record)

(2) Paddle is the company https://www.paddle.com/:
  - Paddle.com Market Ltd., Judd House, 18-29 Mora Street, London, EC1V 8BT, United Kingdom
  - Paddle Payments Limited, Limerick House, Limerick Lane, Newbridge, Kildare, Ireland
  - Paddle.com Inc, 3811 Ditmars Blvd, #1071 Astoria, New York, 11105-1803, USA

(3) Samuel Schneider UG is the company Samuel Schneider UG (haftungsbeschränkt), Schwabstr. 96, 70193 Stuttgart, Germany, Management: Samuel Schneider, Registered office of the company: Stuttgart, Germany, Commercial Register: Stuttgart District Court, Registration number: HRB 764786, Sales tax identification number: DE318127696

(4) The Licensor shall provide to the Licensee for the agreed number of users the Software specified in the title, hereinafter referred to as: Software or Product.

(5) Our license conditions apply to all our offers and services, insofar as they are included in the contract.

(6) Consumer in the sense of 
§ 13 BGB is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity.

(7) Entrepreneur within the meaning of 
§ 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.


§ 2
Offer - Conclusion of Contract

(1) Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

(2) The terms and conditions of Paddle can be found here: https://www.paddle.com/legal/checkout-buyer-terms.

(3) The license agreement is concluded with Samuel Schneider UG. Samuel Schneider UG acts as the Licensor and the Provider.

(4) The contract is concluded on the website of the Licensor.

(5) When concluding a contract on the website of the Licensor, the Licensee makes a binding offer to enter into a contract by clicking the "Buy Now" or similarly marked button on the website. The contract is then concluded by providing the license.

(6) The contract language with Samuel Schneider UG is German.

(7) The contractual language with Paddle is English.


§ 3
Prices - Terms of Payment - Means of Payment

(1) The payment is defined in the product the description. All prices of the Licensor are in Euro and include VAT, if applicable.

(2) Payment for the Software shall be made with the agreed method of payment.

(3) The payment method is managed by Paddle.

(4) If the Licensee is in default of payment, the Licensor is entitled to the legal rights, in particular from 
§ 288 BGB.

(5) If the Licensee is in default with the payment, the Licensor may assert a right to refuse performance by temporarily blocking the Licensee's access to the Software. In this case, the Licensee shall continue to be obligated to pay despite the blocked access. The Licensor may also terminate the agreement without notice due to the default of payment if the legal requirements according to 
§ 543 BGB (German Civil Code) are met.


§ 4
Subject Matter of the Agreement - Additional Services - Duration of the Agreement

(1) These contractual terms and conditions govern the use by the Licensee of the Software that is the subject of this Agreement in the version current at the time of conclusion of the Agreement.

(2) The Software is provided by the Provider as a Desktop application solution. The Licensee may use the software stored on the servers of the Licensor or a third party commissioned by the Licensor via an Internet connection for the duration of the contract. The functional scope of the contractual software results from the contractual documents (in particular the offer, homepage, description, program certificate and documentation, if applicable).

(3) Unless it is expressly agreed that the Licensor shall provide additional services free of charge, the Licensee shall owe the agreed payment for the additional services. This shall also apply to all other services of the Licensor which go beyond the licensing of the standard software.

(4) The licensee has the option of withdrawing from the contract within 30 days of concluding the contract.


§ 5
Availability of the Software - Force Majeure

(1) The Licensor is obligated to make the Software available to the Licensee for use at the router exit of the data center in which the server with the Software is located ("Delivery Point"). The Licensor's performance shall include the Software in its current version, the computing power required for its use and the necessary storage space on a server that can be accessed via the Internet, together with dial-in logistics for the Licensee. The Licensor shall not owe the data connection between the IT systems of the Licensee up to the transfer point just defined.

(2) The Licensor shall be entitled to temporarily restrict or completely block the use of the Site, in particular for maintenance, servicing and improvement purposes as well as for other reasons necessary for the operating procedures of the Licensor or the Software. In doing so, the Licensor shall take into account the average interests of the Licensees, if possible (e.g. when determining maintenance times). In the event of urgent disruptions, the Licensor shall also be entitled to eliminate errors during normal business hours.

(3) The Licensee is requested to notify the Licensor of any functional failures or malfunctions of the Software in a timely manner.

(4) If the Licensor is unable to perform due to force majeure, the obligation of the Licensor to perform shall be suspended for as long as the impediment to performance persists.


§ 6
Updates

(1) The Licensor shall continuously develop the Software and its services. Improvements and updates of the standard software within the scope of the previous functionalities and in adaptation to changed legal and technical framework conditions shall be made available to the Licensee and the Licensee on a voluntary basis. The updates may also include technical protection measures.

(2) If the Licensee fails to install an update within a reasonable period of time, the Licensor shall not be liable for any defect in the Product solely due to the lack of such update.

(3) The Licensee shall not be entitled to any specific improvements (to the extent that the Software is not or does not become defective) or any specific sequence of actions.

(4) The Licensee has no claim to further developments with additional functions, the use of which may be made dependent by the Licensor on an amendment of the contract, in particular an adjustment of the payment.

(5) However, the Licensor reserves the right to make changes to the digital product that go beyond what is necessary to maintain compliance with the contract if there is a valid reason for doing so and the Licensee does not incur any additional costs as a result of the change.


§ 7
Prohibited Uses

(1) The Licensee is prohibited from using the Software excessively and in a spamming manner. He shall take all precautions to exclude unlawful, spamming or excessive use.

(2) The Licensee is prohibited from infecting or contaminating the Software or the servers on which it runs with harmful code (computer viruses, worms or Trojans, etc.) or negligently enabling such use.

(3) The transfer, subletting, sublicensing or other resale of the Software by the Licensee is not permitted unless expressly agreed.


§ 9
Duties of the Licensee, Cooperation

(1) The Licensee shall be obliged to provide the data required for the contract completely and truthfully. The obligation to provide truthful information relates in particular to the contact details and the payment details. If the Licensee provides untrue information, the Licensor may terminate the contract without notice for good cause.

(2) The Licensee is obliged to keep their data up to date and to inform the Licensor immediately of any changes.

(3) The Licensee receives a license from the Provider to use the Software. The purpose of the license is to exclude the use of the software by unauthorized persons. The license must be protected by the Licensee against unauthorized access by third parties.

(4) The Licensee is obliged to notify the Licensor immediately if the Licensee becomes aware that third parties have access to their license. If the Licensee fails to notify the Licensor without undue delay, the Licensee shall be obliged to compensate the Licensor for any resulting damage.

(5) In order to use the Software as intended, the Licensee must have a working device with the following technical requirements:
- Functioning PC with Windows 10 (or higher) x64
- Functioning PC with Mac OS ARM
- Functioning PC with Linux x64 or ARM

(6) If the Licensee asserts warranty rights, the Licensor reserves the right to check whether the consumer's digital environment was compatible with the technical requirements of the digital product at the relevant time. It is pointed out to the Licensee that he cannot invoke the reversal of the burden of proof under Section 327k (1) and (2) of the German Civil Code (BGB) if he fails to perform an act of cooperation that is necessary and possible for the verification and the Contractor intended to use a technical means for the determination that represents the least intrusion for the contractual partner.


§ 10
30-days no-questions-asked refund policy

(1) The Licensee is granted a 30-days no-questions-asked refund policy. The Licensee may request a refund within 30 days of the purchase date. This is in addition to the statutory right of withdrawal.

(2) The Licensee may request a refund by sending an informal email to sam [at] requestor [dot] app. The refund will be processed within 14 days of the request.


§ 11
Cancellation - Cancellation Form

(1) Consumers in the sense of 
§ 13 BGB are entitled to a right of revocation.

(2) Attention: If the Licensee has requested the immediate performance of the service by the Licensor and the Licensor has informed the Licensee of the expiry of their right of revocation, the subsequent right of revocation shall expire immediately as soon as the Licensee has accepted the service (e.g. by logging in or downloading).
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 Samuel Schneider UG by means of a clear declaration by email of your decision to withdraw from this contract. For this purpose, you can use the attached sample withdrawal form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest 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 any fees because of this repayment.
Sample cancellation form

(If you wish to revoke the contract, please complete and return this form).

- To sam [at] requestor [dot] app:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following software: Requestor https://requestor.app
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- Date
(*) Delete as applicable.


§ 12
Rights in the event of defects - limitation period

(1) The Licensee shall be entitled to the full statutory warranty rights.

(2) Any strict liability of the Licensor for initial defects pursuant to 
§ 536a of the German Civil Code (BGB) shall be excluded. The Licensor shall only be liable for initial defects if it knew or should have known of such defect and did not inform the Licensee accordingly.

(3) The Licensee is requested to report any defects in a comprehensible and detailed manner. In this context, it would be good if the Licensee indicated in particular the steps that led to the occurrence of the defect, the appearance as well as the effects of the defect.

(4) The Licensee shall have no claim based on defects if the Software does not function properly only because the Licensee uses it under non-agreed conditions of use or in a non-agreed system environment or in a prohibited manner or has adversely modified it itself or through third parties and this is responsible for the defect.


§ 13
Liability

(1) The Licensor shall have unlimited liability, irrespective of the legal grounds, for intentional or grossly negligent conduct as well as for culpable injury to life, limb or health or in the event of a violation of the Product Liability Act or in the event of a warranted characteristic.

(2) The Licensor shall not be liable in the event of a slightly negligent breach of non-essential contractual obligations. In the event of a breach of non-essential contractual obligations, the liability of the Licensor shall be limited to compensation for the typical damage foreseeable at the time of conclusion of the contract. Material contractual obligations are obligations which protect the legal positions of the Licensee which are material to the contract, i.e. which the contract is intended to grant to the Licensee in accordance with its content and purpose, as well as obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Licensee may regularly rely.


§ 14
Copyrights - Licenses

(1) The Licensor grants the Licensee the non-exclusive, non-transferable and non-sublicensable right to use the Software that is the subject of this Agreement for the duration of the Agreement.

(2) Unless permitted by law, the Licensee is in particular prohibited from:
- to translate, edit, mix or otherwise modify the Software; this shall also apply to the associated documentation,
- to decompile, imitate or reverse engineer the Software,
- to reproduce the software or the documentation,
- remove, change or make unrecognizable any trademarks, copyrights or other property right notices of the Provider on the Software.

(3) The Licensee's data collected, processed and generated by the Software shall be stored on the servers of the Licensor. The Licensee shall remain the sole owner of the data. To this extent, the Licensor is only an order processor.


§ 15
Data protection

(1) Contract data will be collected for the contract pursuant to Art. 6 Para. 1 lit. b DSGVO (e.g. name, address and mail address, services used, if applicable, and all other data transmitted electronically or for storage that are required for the performance of the contract), insofar as they are required for the establishment, content or amendment of a contract.  

(2) The contract data will only be passed on to third parties if it is necessary (according to Art. 6 para. 1 lit. b DSGVO) for the fulfillment of the contract, if this corresponds to the overriding interest in effective performance (according to Art. 6 para. 1 lit. f DSGVO) or if there is consent (according to Art. 6 para. 1 lit. a DSGVO) or other legal permission. The data will not be transferred to a country outside the EU unless the EU Commission has determined that data protection is comparable to that in the EU, consent has been given, or the standard contractual clauses have been agreed with the third party provider.

(3) Data subjects have the right at any time:
to revoke a granted consent pursuant to Art. 7 (3) DSGVO. Then the data processing based on this consent may no longer be carried out, but the revocation does not affect the lawfulness of the data processing carried out until then;
request information pursuant to Art. 15 DSGVO about the personal data processed, including information about the purposes of processing, the category of personal data, the categories of recipients to whom the data have been or will be disclosed, the expected storage period, the origin of the data if they have not been collected here, as well as about automated decision-making including profiling and the existing rights, which are explained here;
demand that, pursuant to Art. 16 DSGVO, inaccurate or incomplete personal data be corrected without undue delay, in particular if the purpose of processing has expired, a required consent has been revoked and no other legal basis exists or the data processing is unlawful;
demand that, pursuant to Art. 17 DSGVO, the stored personal data be deleted, unless the processing is necessary in the exercise of the right to freedom of expression, for the performance of a contract, for reasons of public interest or for the assertion or defense of legal claims;
demand that, pursuant to Art. 18 DSGVO, the processing of the personal data be restricted insofar as the accuracy of the data is disputed or the processing is unlawful and erasure is refused and the data are no longer needed, but the data subject requires them for the assertion, exercise or defense of legal claims or has objected to the processing pursuant to Art. 21 DSGVO;
request that the data provided be issued in a structured, common and machine-readable format or transferred to another controller;
complain to the competent supervisory authority pursuant to Art. 77 DSGVO, insofar as the processing of the personal data is not lawful, the competent supervisory authority is usually the supervisory authority of the habitual residence or workplace of the data subject or of the registered office of our company.
to object insofar as the personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, if there are grounds for doing so that arise from the particular situation of the data subject.

(4) In principle, the data will only be stored for as long as required by the purpose of the respective data processing. Further storage is possible in particular if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to retain the data (e.g. statute of limitations, tax retention periods).


§ 16
Disputes - Arbitration - Amendment

(1) Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which the Licensee can find at http://ec.europa.eu/consumers/odr/. The Licensor is not willing or obliged to participate in such dispute resolution.

(2) If the Licensee is a merchant, the place of jurisdiction shall be the Licensor's place of business; however, the Licensor shall also be entitled to sue the Licensee at the court having jurisdiction over the Licensee's place of residence or place of business.

(3) If serious reasons beyond the Licensor's control lead to an unforeseeable change of the contractual contents regulated in these Terms and Conditions (i.e. in particular not of the main services), and if the interests of the User in an adjustment of the Terms and Conditions outweigh the interests of the contractual partner in a typified manner, the Terms and Conditions User shall be entitled to change these Terms and Conditions, unless a provision for the case of a corresponding need for adjustment is already provided by law.


§ 17
Evaluation

(1) The Consumer is granted the right to evaluate the Software free of charge. No remuneration is required for this, but the Consumer shall not receive a license.

(2) Continued use of the Software requires a license.

(3) Evaluation without a license is currently unrestricted compared to use with a license. The restrictions may change at any time without notice.

(4) The consumer is not entitled to a free evaluation. The free evaluation may be further restricted at any time. The free evaluation can also be cancelled at any time without replacement.