These license terms (hereinafter EULA) govern all contracts concluded via the website starks.design between the Licensee and the Licensor concerning the purchase of a license for application software (apps) of the Licensor. The specific app, system requirements and product-specific parameters (in particular the number of permitted device activations and the scope of a free version) are set out on the respective app's product page and in the order confirmation.

Licensor: Viktor Stark · Starks.Design · Kempten (Allgäu), Germany · license@starks.design

This English version is provided for convenience. In case of discrepancies, the German original prevails.

01 Parties and Scope

This EULA applies to all contracts concluded via the website starks.design between the Licensee and the Licensor concerning the purchase of a license for an app of the Licensor.

The Licensee becomes a contracting party upon completion of the order process. If the Licensee concludes the contract on behalf of a company, they warrant that they are authorized to do so.

Deviating, conflicting or supplementary general terms and conditions of the Licensee shall not become part of the contract unless the Licensor expressly agrees to their validity in writing.

This EULA does not apply to the purchase of Design Assets (image, video, audio and vector files, templates and comparable digital products) — the separate license terms at starks.design/legal/lizenzbedingungen apply instead.

02 Definitions

App — The application software of the Licensor purchased by the Licensee, in the version specified on the product page, including associated system extensions and drivers where part of the product.

License Key — The alphanumeric code sent to the Licensee by email after purchase, used to activate the App.

Activation — The process by which the Licensee enters the purchase email address and license key in the App, whereupon the App receives a machine-bound authorization token from the Licensor's license server.

Device — An individual computer on which the App is activated. The maximum number of simultaneously activated devices per license is set out on the product page and order confirmation.

Major Version — A version of the App with expanded or materially changed functionality compared to the previous major version, indicated by a changed leading version number (e.g. moving from version 1.x to 2.0).

Minor Version — A version of the App within the same major version containing bug fixes, security or compatibility adjustments without material new functionality.

Free Version — The state of the App without an activated license, in which the App can be used subject to a product-specific usage restriction described on the product page.

03 License Scope and Grant of Rights

The Licensor grants the Licensee a simple, non-exclusive, non-transferable, non-sublicensable, worldwide and perpetual right of use in the purchased App for the purchased major version. The license applies equally to private and business use by the Licensee.

The license entitles simultaneous activation on the number of devices stated on the product page and order confirmation (typically two). The license may be transferred to an additional device after prior deactivation of an existing device via the customer portal (Section 5).

All rights not expressly granted remain with the Licensor. In particular, the license does not include any right to reproduce, modify, decompile, reverse-engineer or distribute the source code of the App, except as mandatorily permitted by law.

Ownership and copyright in the App remain fully with the Licensor. The license becomes effective only upon full payment and successful activation.

04 Activation and Technical Functionality

Initial activation of a purchased license requires a one-time connection to the Licensor's license server. After successful activation, the App is permanently usable without an internet connection.

In the background, the App performs an automated online check of the license status at irregular intervals. If this check is unreachable — for instance due to a missing internet connection, temporary unavailability of the server, or other technical reasons — the App remains fully usable; mere unreachability of the server does not result in a lockout.

The App license is blocked only if the Licensor expressly determines, in the course of the automated check, a withdrawal, a refund or a proven breach of this EULA, and communicates this to the App.

The Licensor operates the license server in the course of ongoing business operations but does not warrant its availability as a separately actionable contractual obligation, insofar as the App remains functional offline following successful activation.

05 Device Limit, Self-Service and Prohibition on Sharing

The license entitles simultaneous activation on the number of devices stated on the product page. The Licensee may independently view (pseudonymized) and deactivate activated devices via the authenticated customer portal at starks.design to free up capacity for a new device.

The license key and the activated authorization token may not be shared with, published to, or jointly used with third parties. Use by the Licensee's employees or family members on the Licensee's own devices, activated within the device limit, is permitted.

If the device limit is reached, the App directs the Licensee to the customer portal for self-service instead of performing a further activation.

06 Free Version

Without an activated license, the App can be used as a free version subject to a product-specific usage restriction. The nature, scope and effect of this restriction (e.g. a time-limited unrestricted use per program launch followed by a functional degradation) are described on the product page of the respective App.

This is not a time-limited trial period with an expiry date, but a permanent usage mode without a license. Configurations and settings made by the Licensee remain unaffected by the usage restriction and remain fully preserved and usable.

Attempts to technically circumvent the usage restriction of the free version are prohibited.

07 Updates

During the period of use of the purchased major version, the Licensor provides the Licensee, free of charge, with the updates required under § 327f BGB to maintain conformity — in particular security and compatibility updates necessary for the App to continue functioning as agreed.

A new major version with expanded or materially changed functionality (e.g. version 2.0) is a separate, chargeable product. You will receive a separate announcement prior to release, as well as a preferential offer if your purchase of the current major version, at the time of the announcement, does not predate the period stated on the product page.

Updates are provided automatically via a signed update channel and displayed to the Licensee prior to installation. There is no obligation to install; if the Licensee does not install an update marked as security-relevant within a reasonable period, the Licensor is not liable for defects caused by the missing update.

08 Warranty

For consumers (§ 13 BGB): Statutory warranty rights under §§ 327 et seq. BGB for digital products apply, including the update obligation under § 327f BGB pursuant to Section 7. The Licensor owes the contractually agreed and objectively required quality of the App at the time of provision, including the system requirements stated on the product page.

For entrepreneurs (§ 14 BGB): The App is provided "as is". The Licensor warrants that they are entitled to grant the license and that the App, upon provision, is free of third-party rights preventing its use. No warranty is given for fitness for a particular purpose or for uninterrupted availability of the license server, insofar as the App remains functional offline following activation. The warranty period for entrepreneurs is one year from provision of the license key.

Defects must be reported without undue delay upon discovery, in text form, to help@starks.design.

09 Limitation of Liability

The Licensor has unlimited liability for damages arising from injury to life, body or health and for damages based on intent or gross negligence. Liability under the German Product Liability Act remains unaffected.

In the case of slightly negligent breach of essential contractual obligations (cardinal duties), liability is limited to the foreseeable damage typical of the contract. Otherwise, liability for slightly negligent breaches is excluded, in particular for loss of profit, indirect damages, data loss and business interruption, to the extent permitted by law.

Where described on the product page, the App interacts with the audio or system configuration of the Licensee's device. The Licensee is solely responsible for backing up their own system settings and data beforehand.

10 Payment, Withdrawal and Refunds

Prices are those shown on the respective product page. Payments are processed via Stripe and are due immediately upon placing the order.

No right of withdrawal after activation. The license constitutes digital content within the meaning of § 356 (6) BGB. The right of withdrawal expires prematurely once the Licensor has begun performance of the contract — i.e. by sending the license key — after the Licensee has

• (i) expressly consented that the Licensor begins performance of the contract before expiry of the withdrawal period, and
• (ii) confirmed their knowledge that they lose their right of withdrawal upon commencement of performance as a result of that consent.

This dual declaration is obtained at checkout via two separate, empty checkboxes and logged with timestamp, IP address, user agent and a hash of the withdrawal notice valid at that time.

For entrepreneurs within the meaning of § 14 BGB, no statutory right of withdrawal applies in any event.

As the free version of the App is available for unlimited testing prior to purchase, refunds for buyer's remorse or subsequent dissatisfaction are excluded. In the event of technical defects, the Licensee may contact help@starks.design; statutory warranty rights under Section 8 remain unaffected.

Order confirmation (§ 312f BGB). After the contract is concluded, the Licensee receives an order confirmation by email on a durable medium, including the invoice, this EULA, the withdrawal notice and mandatory information valid at the time of purchase, and confirmation of the consent given pursuant to § 312f (3) BGB.

11 Chargebacks

If the Licensee initiates a chargeback of the purchase price with their payment service provider (credit-card issuer, PayPal, bank) without being entitled to a refund by law or contract — in particular after the right of withdrawal under § 356 (6) BGB has expired and the license key has already been sent — they owe the Licensor:

• (a) the original purchase price;
• (b) a flat-rate processing fee of € 40.00 to compensate the administrative effort for review, evidence preparation and dispute handling; the Licensee is free to prove a lower actual damage;
• (c) any chargeback fee billed to the Licensor by the payment service provider;
• (d) the costs of legal representation under the German Lawyers' Fees Act (RVG), insofar as the chargeback was caused culpably.

By initiating the unjustified chargeback, the Licensee defaults without further notice (§ 286 (2) No. 4 BGB). In justified cases — in particular technical defects, duplicate purchase or unauthorized transaction — this flat fee does not apply. This clause does not deter consumers from initiating justified chargebacks.

12 Termination and Suspension

The license runs for an unlimited period and ends only by termination under this section.

The Licensor is entitled to suspend or terminate the license with immediate effect in the event of: effective withdrawal, justified refund, unjustified chargeback under Section 11, sharing of the license key with third parties contrary to Section 5, or any other material breach of this EULA.

After termination, the Licensee is obliged to deactivate all activated devices and to limit use of the App without a valid license to the scope of the free version under Section 6.

13 Right to Amend

The Licensor may amend this EULA with effect for the future, provided there is a valid reason (in particular changes in the legal situation, new case law, or technical developments of the license infrastructure). Amendments will be announced to the Licensee in text form no later than six weeks before they take effect. If the Licensee does not object within six weeks of receipt of the notification, the amendments are deemed approved; the notification will separately point out the deemed consent and the right of objection.

Previously purchased licenses remain unaffected by amendments — amendments apply exclusively to future purchases.

14 Data Protection

The Licensor processes the personal data required for contract execution, activation and license verification (email address, license key, hashed device identifiers, IP address upon activation and automated checks) on the basis of Art. 6(1)(b) GDPR (performance of contract).

Further details on purpose, legal basis, retention period, third-party recipients and data-subject rights can be found in the privacy policy at starks.design/legal/datenschutz, in particular the "Application License Management" section.

15 Severability, Applicable Law and Jurisdiction

Should individual provisions of this EULA be or become invalid or unenforceable, the validity of the remainder of the contract shall remain unaffected.

The laws of the Federal Republic of Germany apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law.

If the Licensee is a merchant, a legal entity under public law or a public-law special fund, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Kempten (Allgäu), Germany.

Vis-à-vis consumers (§ 13 BGB), the statutory rules on jurisdiction and mandatory consumer law of the country of habitual residence apply (Art. 6 Rome I Regulation, Art. 17–19 Brussels I bis Regulation, § 29c ZPO).

For questions regarding this EULA, please contact license@starks.design. Withdrawal: widerruf@starks.design.

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