These Terms apply to all contracts for the purchase of usage licenses for the "My DiGiControl" software (bridge software and web interface, the "Software") between SL AUDIOTEC, owner Simon Lochner, Lilienstraße 22, 71732 Tamm, Germany (the "Provider") and its customers, concluded via the Provider's website. Only these Terms apply; any conflicting or deviating terms of the customer do not become part of the contract unless the Provider expressly agrees to them in writing.
All purchases are processed by Paddle.com Market Limited ("Paddle"), our reseller and merchant of record. When purchasing a license via the Provider's website, the purchase contract is concluded directly with Paddle, which handles billing, invoicing, payment processing, and customer support related to order processing. The granting of usage rights (EULA) for the Software takes place between the customer and SL AUDIOTEC, owner: Simon Lochner, Lilienstraße 22, 71732 Tamm, Germany (see Legal Notice).
The presentation of licenses on the website does not constitute a binding offer by the Provider, but an invitation for the customer to submit an offer. By completing the order process and confirming payment via our reseller Paddle, the customer submits a binding offer to conclude a license contract. The contract is concluded upon successful payment confirmation and delivery of the license key by email to the address provided by the customer. The contract text is not separately stored by the Provider; the order can be traced by the customer via the order confirmation email provided by Paddle.
The contract grants a non-exclusive, non-transferable right to use the Software to the extent described on the relevant order page (e.g. number of consoles/devices, term). No ownership of the Software or its source code is transferred; only the right of use is sold. The license is a single-seat license, i.e. valid for use by one customer on one device at a time, as specified on the relevant order page.
The prices stated on the website at the time of order apply, including statutory VAT. Payment processing, invoicing, and any applicable sales tax or VAT collection are performed exclusively by Paddle on our behalf. Payment is made via the payment methods offered by Paddle at checkout. The purchase price is due immediately upon ordering.
The Software / license key is delivered by email to the address provided by the customer promptly after receipt of payment confirmation. No delivery on a physical medium takes place. The customer is responsible for providing a valid email address and for having suitable technical prerequisites to use the Software.
Consumers generally have a statutory right of withdrawal. Details are set out in the Right of Withdrawal notice provided during checkout by Paddle. The right of withdrawal expires prematurely if performance of the contract has begun after the customer has expressly agreed that performance begin before the withdrawal period has expired, and the customer has confirmed their knowledge that, by giving this consent, they lose their right of withdrawal once performance has begun.
Statutory warranty rights apply. For consumers, statutory warranty regulations for digital products apply. To the extent legally permissible, the Provider gives no warranty of compatibility of the Software with console firmware versions or network environments not expressly supported.
The Provider is liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty, and for other damages based on an intentional or grossly negligent breach of duty by the Provider or on intent or gross negligence of a legal representative or vicarious agent of the Provider. For damages resulting from the breach of material contractual obligations ("cardinal obligations"), the fulfillment of which makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, the Provider's liability for slight negligence is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded.
The Software controls live audio equipment. The Provider is not liable for damages caused by operator error, inadequate network connections, misconfiguration of the console by the customer, or failure of the internet/network connection. The customer is responsible for independently verifying safety-relevant settings (e.g. limiters, output levels). Liability under the German Product Liability Act remains unaffected.
The customer is not entitled to resell, lend, or sublicense the Software or license key to third parties without the Provider's prior written consent. Reverse engineering of the Software is prohibited except where mandatorily permitted by law.
The license granted under these Terms is a perpetual one-time license. It is granted for an unlimited period upon full payment of the one-time license fee and does not require renewal, subscription, or notice of termination.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's registered location.
The Provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.