general terms and conditions

the foreverloops GmbH

1.  Validity

The following general terms and conditions ("GTC") apply to all contracts 
between the foreverloops GmbH ("foreverloops") and a consumer or 
entrepreneur ("contracting party") according to the version applicable at 
the time of placing the order.


2. Concluding the contract

2.1     The following rules on the conclusion of the contract apply to 
        orders placed on all webshops where foreverloops offers its 
        applications.
2.2     The contracting party makes a binding offer by successfully 
        completing the ordering procedure provided in the respective 
        webshop. 
2.3     Once the order is placed, the contracting party can see our 
        Terms and Conditions and our 
        End User License Agreement (EULA). The Terms and Conditions and 
        the EULA are also available on the website www.foreverloops.com.
2.4     In the case of the conclusion, the contract is concluded with 
        the foreverloops GmbH, Julius-Raab-Strasse 15, 4040, Linz.


3.  Prices/Payment

The prices showed on the web shops websites are indicated in EURO 
currency and include the value added tax and other price components.
The web shop websites provide the contracting partner with the respective 
payment methods.


4.  Copyrights/Rights of use

4.1     The contracting party shall be granted a right to use the 
        acquired application according to the EULA, which authorizes the 
        contracting party to install the software. 
4.2     The contracting party undertakes to observe the EULA, in 
        particular, the usage restrictions contained therein, when using 
        the products. The EULA regulates, inter alia, the right to 
        reproduce, multiple usages, program modifications, copyright and 
        intellectual property rights. 
4.3     Should the applications of foreverloops contain third-party 
        content, the (license) provisions of the respective providers 
        shall be observed in addition to the 
        General Terms and Conditions and the EULA of foreverloops.


5.  Retention of title

foreverloops reserves the right to grant the right of use until the 
purchase price is paid in full.


6.  Warranty and Liability

6.1     To the extent permitted by law, the application shall be made 
        available to the contracting party as provided. foreverloops 
        does not warrant that the application is free of defects. 
        Warranties of merchantability, satisfactory quality, fitness for 
        a particular purpose, or compatibility with third party software 
        are not provided. 
6.2     foreverloops assumes no liability whatsoever for damages, in 
        particular not for personal injury, property damage, 
        consequential damage, indirect damage or loss of profit nor from 
        warranty or product liability, unless mandatory consumer 
        protection provisions stipulate otherwise. 
6.3     If foreverloops becomes liable for damages under the statutory 
        provisions, this liability shall be limited to intent and gross 
        negligence. The liability is limited to the amount of the actual 
        contract. Any further liability is excluded unless consumer 
        protection provisions stipulate otherwise.
6.4     foreverloops assumes no liability for the topicality, correctness, 
        completeness and content of the information provided.


7.  Exclusion of the right of revocation

The contracting party takes note and expressly acknowledges that the right 
of revocation is excluded for consumers.


8.  Offsetting, retention

The offsetting of claims of the contracting party against claims of 
foreverloops as well as a possible right of retention are excluded, unless 
otherwise specified by mandatory consumer protection regulations.


9.  Applicable law, place of jurisdiction, place of performance, 
    written form

9.1     Austrian law is expressly applicable; the application of UN 
        purchasing law is expressly excluded. 
9.2     In the case of disputes, the competent court at the registered 
        office of foreverloops shall be the competent court of jurisdiction, 
        unless mandatory consumer protection regulations provide otherwise.
9.3     The place of performance is that of the registered office of 
        foreverloops.
9.4     Amendments and additions to this contract must be made in writing; 
        this also applies to ancillary agreements and subsequent amendments 
        to the contract, as well as the renouncement of the written form 
        requirement.


10.     Contractual Terms

The contract is available in German and English languages.


11.     Severability Clause

Should any provision of these General Terms and Conditions be or become 
invalid, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a valid provision which most 
closely reflects in the commercial sense the provision to be replaced.