Aurora Ivy

Terms and conditions

Aurora Ivy Online Shop
Aurora Ivy
Michael Munz
Kasernenstr. 1
71272 Renningen
Germany

This is a translation provided for convenience. The German version is the governing text.

Preamble

Welcome to the Aurora Ivy Online Shop (also referred to below as the “online shop”)! In the online shop we offer you products including digital image processing software, software licences and digital content (referred to collectively below as “products”).

General and scope

These terms and conditions (also referred to below as the “terms”) apply to the services of Aurora Ivy, Michael Munz, Kasernenstr. 1, 71272 Renningen, Germany (also referred to below as “we” or “Aurora Ivy”), which we provide to you as a customer or user (referred to below as “customer” or “you”) in the course of using our online shop.

These terms and all of our services that we provide to you in the course of providing our online shop (also referred to below as “services”) apply irrespective of whether you are acting as a consumer, an entrepreneur or a merchant. Some special provisions apply to consumers, which we point out where relevant in these terms. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

Your own terms and conditions shall not apply, whether you expressly refer to them or we do not expressly object to them. Your terms and conditions only become part of this contract if we expressly agree to them. Individual agreements between us in offers, order confirmations, acceptances, etc. take precedence over the provisions of these terms.

Subject matter

With our online shop we provide you with a platform for purchasing digital products, in particular the ExactUpscale image processing software and the software licences derived from it (monthly licence, annual licence, lifetime licence) as well as further digital content.

The nature and variety of our products can be viewed directly on the individual product pages in our online shop.

Additional product terms: Additional product terms (in particular licence terms, EULA) may apply to individual products. These are made available on the respective product pages before the contract is concluded. In the event of a conflict, the specific product terms for the product in question take precedence over these terms.

Use of our online shop

Products in our online shop can be purchased as a guest. No customer account is created. Your order and your licence key are sent to you by email.

Conclusion of a contract for the purchase of products

The presentation of the products in our online shop does not constitute a legally binding offer but an invitation to place an order. The descriptions of our products do not have the character of an assurance or guarantee.

A contract for the use of paid services or for the purchase of paid products is concluded as follows:

Step 1
On the product page of our online shop you can select the product you want and the plan (for example monthly licence, annual licence or lifetime licence) on a non-binding basis and start the ordering process using the “Buy now” button.

Step 2
You are redirected to the payment page of our payment service provider, where you enter your payment details. You can cancel the ordering process at any time.

Step 3
On the payment page you are shown an overview of your order including the product, the price including statutory VAT, and a reference to our applicable documents (terms, cancellation policy and privacy policy). You have the opportunity there to check your details and amend them if necessary.

Step 4
Where you have undertaken vis-à-vis consumers to waive early performance, you confirm this before completing payment by ticking the checkbox provided. By clicking the button to make a binding payment you submit a binding offer to purchase the products you have selected.

Step 5
After your binding order you receive an automatic order confirmation from us by email. In this order confirmation we set out the contents of your order once again. You also receive your licence key and, where you have declared a waiver, a confirmation of your waiver of the right of withdrawal.

Step 6
The automatic order confirmation itself does not yet constitute acceptance of your offer to purchase the products. Acceptance of your offer and thus the conclusion of the purchase contract for the products you have selected occurs upon transmission of the licence key, a separate order confirmation from us, or upon transmission of the invoice for the products ordered.

Fees and payment terms

The nature and amount of the fee for the products you order will be communicated to you on the product page and on the payment page. All prices are stated as total prices including statutory VAT, to the extent legally required.

In the course of the ordering process you are informed of the available payment methods and can select the payment method that suits you.

Payment is processed through Stripe. Under Stripe Managed Payments, payment is handled by Link, LLC as merchant of record; their terms apply in addition. Our payment terms apply independently of this.

For all methods of payment, payment must be made in advance without deduction.

If you miss a statutory or agreed payment deadline you are immediately in default and we are entitled to claim the corresponding default interest.

Provision and delivery

Our digital content is provided, unless otherwise described in the ordering process, upon receipt of the invoice amount by sending the licence key by email or by making a download link available.

If the product you have ordered is not available, we may withdraw from the contract. In this case we will inform you without delay and, where applicable, propose that we provide a comparable product. If no comparable product is available or you do not wish to be provided with a comparable product, we will refund any consideration already provided.

Provisions on the purchase of digital content

You obtain access to our digital content by means of a licence, link, QR or registration code, which we transmit to you as part of sending the digital content, or in the confirmation email after completion of the ordering process, or by separate email.

Where digital content is acquired under a continuing obligation, this constitutes a service that we provide legally as a lease. In this case we ensure that the digital content retains its contractually owed condition for the term of the contractual relationship in question.

You obtain a simple, non-exclusive, time-limited to the term of the contract and territorially unrestricted right to use our digital content.

You are not entitled to exhibit, make publicly available, edit, redesign, translate, decompile or otherwise transform our digital content. Your rights under §§ 69d(3) and 69e UrhG remain unaffected.

We are entitled to use our digital content including new releases, as well as other general know-how, experience, methods and procedures developed by us, in other ways (making them available to third parties, as open source software, etc.).

Test and demo licences are limited to a term of up to 30 days unless otherwise agreed.

Our digital content is our exclusive property or is in our exclusive ownership of rights, or is the property / in the ownership of rights of our service providers. All content is protected by national and international law, in particular copyright. Unauthorised distribution, reproduction, exploitation or other infringement of our industrial property rights and copyrights will be pursued under civil and/or criminal law.

Term, updates and cancellation

The duration of the contract between us in respect of the digital content you have acquired is based on the duration of the service you have booked. Unless we have stated otherwise in the ordering process, a basic term of one month from the date of ordering the digital content applies.

Upon expiry of the agreed basic term the contract is automatically extended for an indefinite period unless it is cancelled.

Update period (software updates): With a monthly or annual licence you receive software updates for as long as your subscription runs. With a lifetime licence you receive software updates for the major version current at the time of purchase, and for subsequent bug fixes and minor improvements to that major version. A future new major version may constitute a separate, optional upgrade and is not part of the lifetime licence.

Contracts concluded between us for the provision of digital content may be cancelled at any time with four weeks’ notice. You may declare cancellation in text form (by email) to contact@aurora-ivy.tech or using the “Cancel a subscription” button on our website.

The right to extraordinary cancellation for good cause (§ 314 BGB) remains unaffected. Good cause exists for us in particular if (i) you seriously breach these terms, (ii) you are in default with payment of the fees for paid services despite a reminder and a grace period for payment of at least two calendar weeks, or (iii) we decide no longer to offer the digital content and to discontinue its provision.

Subscription

The following applies to the subscription we offer for our products (“subscription”):

Our subscriptions are offered as a monthly subscription or an annual subscription. The term results from the plan you have selected.

A monthly subscription is extended by a further month, and an annual subscription by a further year, unless it is cancelled.

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

You may cancel your subscription by declaring the cancellation of your subscription to us by email at contact@aurora-ivy.tech or using the “Cancel a subscription” button on our website.

Liability and warranty

Our product-specific warranty obligations are governed by the statutory provisions. As a rule we give no guarantees, except in individual cases expressly designated as a guarantee.

We are liable without limitation for damage to property and personal injury where the cause of the damage giving rise to liability is based on intent or gross negligence.

We are furthermore liable for the slightly negligent breach of essential obligations whose breach jeopardises the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment first makes the proper performance of the contract possible and on whose observance you may regularly rely. In this case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those named in the preceding sentences.

The above limitations of liability do not apply in the event of injury to life, body and health, for a defect following acceptance of a guarantee for the condition of the product, and for defects fraudulently concealed. Liability under the Product Liability Act remains unaffected.

To the extent that our liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

Online shop guidelines

If you purchase our products on behalf of a third party, you warrant that you have been authorised to do so by that third party.

Adjustments, changes and additions to our online shop, as well as measures serving to identify and remedy malfunctions, may cause a temporary interruption or impairment of availability where this is strictly necessary for technical reasons.

For technical reasons we also cannot guarantee permanent and complete availability of the servers on which our services are operated. The availability of our website or of individual services may therefore be temporarily restricted – in particular because maintenance or repair work is necessary.

You may not make our products available to third parties for commercial use.

Through links or functionalities in our online shop you may reach external websites that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly identified or recognisable by a change in your browser’s address bar or a change in the user interface.

When using our services you are prohibited from:

We are entitled to exclude you from using our services, to delete a customer or user account, and to terminate a contract existing between us extraordinarily if we have concrete indications that you are in breach of, or have breached, essential obligations of these terms or of law and statute. We will inform you of the planned exclusion by email and give you the opportunity to comment. In every case we will take your legitimate interests into account. The right to extraordinary cancellation remains unaffected.

Applicable law and jurisdiction

For all rights and claims arising from and in connection with the contract, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory law takes precedence.

For disputes arising from and in connection with the contractual relationships existing between us, the statutory provisions on the competent court apply to consumers. If you are a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is our registered office.

Miscellaneous

Should a provision of these terms be or become invalid or unenforceable, the remaining provisions of these terms remain unaffected, unless the removal of individual clauses would disadvantage one contracting party so unreasonably that adherence to the contract can no longer be expected of it.

Amendments and additions to the terms and to the entire contract existing between us require text form to be effective, unless the following explanations prescribe particular formal or procedural requirements.

Amendments and additions that are made (or must be made) by us due to changed legal or technical requirements for the provision of our services and that have no negative effects on the services you are entitled to become effective if you do not object to an amendment within one (1) month of receipt of a notification of amendment in text form and we have previously drawn your attention to your right of objection. If you object to the amendment, the contract continues unchanged and we are entitled to terminate the contract extraordinarily with a notice period of one (1) month to the end of the next calendar month.

Amendments and additions to the contract that we wish to make due to changed service, fee or other commercial or operational requirements and that have negative effects on our contractual relationship for you only become effective if you expressly agree to them. This consent can be given by clicking a consent button in the notification of amendment (email or pop-up in the course of using our services) or by any other simple and transparent way made available by us. If consent is not given, the contract continues unchanged and we are entitled to terminate the contract within the contractually agreed notice periods.

Text form also applies to a change to this form clause. The precedence of individual ancillary agreements remains unaffected.

The aforementioned periods do not apply and there is merely a right to be informed of changes to the contract where the changes are necessary to avert an unforeseen and directly imminent danger, in order to protect against fraud, malware, spam, data protection breaches or other cybersecurity risks.

Version of the terms: Oktober 2026