1. Introduction and Agreement
These terms and conditions govern the sale and provision of downloadable software programs through our website, as well as their usage. You will be required to give explicit consent to these terms and conditions before placing an order on our website. This document does not affect any statutory rights you may have as a consumer.
2. Key Definitions
In these terms and conditions:
- “we” refers to Sky2Map (and “us” and “our” should be understood accordingly);
- “you” refers to our customer or potential customer under these terms and conditions (and “your” should be understood accordingly);
- “software programs” refers to the software programs available for purchase on our website; and
- “your software programs” refers to any software programs you have purchased via our website (including any enhanced or updated versions we may provide to you from time to time).
3. How to Place an Order
The advertisement of software programs on our website constitutes an “invitation to treat” rather than a contractual offer. No contract will come into effect between you and us unless and until we accept your order according to the procedure outlined in this Section.
To place an order for downloadable software via our website, follow these steps:
- Select the software / plan you wish to purchase and proceed to checkout;
- If you’re a new customer, create an account and log in;
- If you’re an existing customer, enter your login details;
- After logging in, accept the terms of this agreement;
- Proceed to the payment page, where our service provider will process the payment;
- We will send an initial acknowledgment;
- We will either send you an order confirmation (making the contract binding) or notify you that we cannot fulfill your order.
Before completing your order, you’ll have the opportunity to correct any input errors.
4. Pricing Information
The prices of our software programs are listed on our website. Prices may change, but any such changes will not affect existing contracts. All amounts on our website and in these terms are exclusive of VAT.
5. Payment and Billing
To access the software programs or services, you must purchase a subscription, which is billed on a recurring monthly basis or one time payment. Subscriptions are non-refundable. Payments can be made via:
- Credit card
- PayPal
Please contact or payment service provider for more details: Mollie B.V. (Mollie)
6. Software License Agreement
Upon payment of the applicable price, we grant you a worldwide, non-transferable license to use the software programs according to the permitted uses outlined in Section 6.3. You are prohibited from using the software programs in violation of the rules in Section 6.4.
Permitted Uses of your software programs include:
- Downloading and installing a copy on one desktop, laptop, or notebook;
- Creating one backup copy;
- Using the software as described on our website.
Prohibited Uses include:
- Distribution, sale, or sublicensing of the software programs;
- Modification or reverse-engineering of the software;
- Any unlawful or offensive use of the software.
You warrant that you have the necessary systems to use the software, and all intellectual property rights are reserved. You must not remove copyright notices from the software.
If you breach these terms, the license is automatically terminated.
7. For Business Users
If you’re a business, your employees can use the software in accordance with Section 6, provided they are made aware of and comply with these terms.
8. Free Terms
We may offer software on a free basis. Your rights to use trial software are limited by time or other restrictions. We may end the free use at any time.
9. Subscription Cancellation Policy
You can cancel your subscription at any time. However, no refunds will be issued. For monthly subscriptions, future charges will be canceled, and you can continue using the software until the end of the current billing period. For annual subscriptions, cancellation will prevent future charges, but you can continue using the software until the end of the current year.
10. Warranties and Representations
You represent and warrant that:
- You are legally able to enter into binding contracts;
- You have the authority to agree to these terms;
- All information you provide is accurate.
We warrant that the software will be delivered with reasonable care and skill. All other warranties are excluded.
11. Liability Limitations and Exclusions
We are not liable for:
- Death or injury due to negligence;
- Fraudulent misrepresentation;
- Business losses, data loss, or any special/indirect damages.
You acknowledge that we limit personal liability for our officers and employees.
12. Changes to These Terms
We may update these terms from time to time by publishing a new version on our website. The revised terms will apply to future contracts but won’t affect existing ones.
13. Assignment of Rights
We may assign or transfer our rights and obligations under these terms. You may not do so without our prior written consent.
14. Waiver of Rights
No breach will be waived unless expressly agreed in writing. A waiver of one breach does not imply a waiver of other breaches.
15. Severability of Terms
If a provision is found to be unlawful, the remaining terms will continue in effect. Any unenforceable provision may be modified to make it enforceable.
16. Third-Party Rights
These terms benefit only you and us. No third party can enforce any rights under these terms.
17. Complete Agreement
These terms represent the complete agreement between us and supersede all prior agreements regarding the sale and use of software downloads.
18. Governing Law and Jurisdiction
These terms are governed by Lithuanian law, and any disputes will be handled by Lithuanian courts.
19. Statutory Disclosures
These terms are not filed for each user but are updated on our website. We recommend saving a copy for reference. Our VAT number is DE347507185.
20. Company Information
This website is operated by Sky2Map and USET GmbH Umweltschonende Energietechnik, registered in Germany under number HRB31933 Amtsgericht Wuppertal, TaxNumber 13958262009. Our registered office is at Robert-Bosch-Straße 10, 42489 Wülfrath, Germany.
For contact, you can reach us:
- By post at the above address
- Via our website contact form.