Terms

§1 Scope of the Terms and Conditions  
The following General Terms and Conditions apply exclusively to customers of Decrypta Technologies GmbH. Customers, within the meaning of these terms, are any natural or legal persons who wish to acquire the MyLastKey software (hereinafter referred to as MYLASTKEY) for purposes that can be attributed to private use or to commercial or self-employed professional activities. The legal relationship between Decrypta Technologies GmbH and these customers is governed exclusively by the following General Terms and Conditions. The applicability of the customer's general terms and conditions is hereby rejected.

§2 Applicable Law  
This contract is governed exclusively by German law, excluding the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The contractual language is German. Versions of these General Terms and Conditions provided by Decrypta Technologies GmbH in other languages are translations only. The interpretation of the General Terms and Conditions shall be based exclusively on the original German version.

§3 Subject of the Contract  
The subject of the contract between the customer and Decrypta Technologies GmbH is the acquisition of a simple right of use for the MYLASTKEY software, hereinafter referred to as the license. The license entitles the purchaser to use the MYLASTKEY software within the scope of the license terms. In addition to the license, the customer can acquire a USB stick containing the current version of the MYLASTKEY software (hereinafter referred to as the "USB vault"). The customer may use the license exclusively on an associated USB vault, which must be purchased for a fee. Redistribution or publication of the software is not permitted. Decrypta Technologies GmbH sells the USB vault solely as a data carrier and provides the MYLASTKEY software along with a license key to the customer.

§4 Transfer of the License to the Customer  
The license is provided to the customer by sending the USB vault. The prerequisite for valid delivery is the customer's agreement to the license terms of the licensor.

§5 Features of the MYLASTKEY Software  
The customer can obtain information on the features of the current MYLASTKEY software on the MyLastKey website. The contractual features of the MYLASTKEY software do not extend beyond the features and usable functions published at the time of purchase.

§6 Conclusion of the Purchase Contract  
By clicking the link "Add to cart," the user is redirected to the online shop. By clicking the link "Delivery and Payment Conditions" on the online shop page, the customer can retrieve information about the ordering process. By clicking the "Order" button, the customer submits a binding offer to conclude a purchase contract between them and Decrypta Technologies GmbH. Decrypta Technologies GmbH accepts the offer by sending the USB vault to the customer.

§7 Right of Withdrawal  
The license for the MYLASTKEY software purchased by the customer cannot be returned due to its nature. Therefore, the customer is not entitled to a right of withdrawal concerning the license. Customers who have purchased a license in conjunction with a USB vault may revoke their contractual declaration regarding the USB vault. The above provision applies only if the USB vault has not been unpacked and the seal has not been broken. The contract declaration can be revoked within two weeks without stating reasons in text form (e.g., letter, fax, email) or by returning the USB vault. The withdrawal period begins at the earliest with receipt of this notice. To meet the withdrawal deadline, it is sufficient to send the revocation or the USB vault in time. Send the withdrawal declaration to: see Imprint.

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§8 Consequences of Withdrawal  
In the case of an effective revocation, the mutual services received must be returned, and any benefits derived (e.g., interest) must be surrendered. If the customer cannot return the USB vault in whole or in part or can only return it in a deteriorated condition, the customer must compensate Decrypta Technologies GmbH for the lost value. The customer can avoid the obligation to pay compensation by refraining from using the USB vault as if it were their property and doing nothing that diminishes its value. The customer must return the USB vault to Decrypta Technologies GmbH. If the order value of the goods is less than €250.00, the customer shall bear the cost of returning the goods if the delivered goods correspond to the ordered goods. Otherwise, the return is free of charge for the customer.

§9 Data Backup  
Decrypta Technologies GmbH advises the customer of the necessity of regular data backups.

§10 Rectification and Error Reporting  
If a defect is discovered in the MYLASTKEY software, the customer is initially obliged to report the suspected defect to Decrypta Technologies GmbH via email to office(at)MyLastKey(dot)com. The support team will review the matter and, if possible and necessary, provide the customer with an improved version of the MYLASTKEY software. If the USB vault is defective, the customer can request a replacement delivery of a new USB vault or rectification from Decrypta Technologies GmbH. Decrypta Technologies GmbH may refuse rectification if it can only be achieved at disproportionate cost.

§11 Withdrawal, Price Reduction, or Compensation  
The customer can reduce the purchase price, withdraw from the contract, or claim compensation for wasted expenses or damages within the limits of §12 if and to the extent that:  
- The defect cannot be remedied  
- The defect is not remedied within a reasonable period set by the customer  
- Rectification is refused  
- Rectification fails or is unreasonable for the customer.  

If the customer chooses to reduce the purchase price, the price is reduced proportionally to the value of the MYLASTKEY software in its defect-free condition compared to its actual condition at the time of contract conclusion. The above provision applies accordingly to the USB vault.

§12 Limitation of Liability and Compensation  
The following provisions apply to all claims by the customer against Decrypta Technologies GmbH for damages or reimbursement of wasted expenses, regardless of the legal basis of the claim. However, they do not apply to liability for the absence of a guaranteed feature and for liability under the Product Liability Act. Decrypta Technologies GmbH is not liable for material or financial damage caused by slight negligence on the part of Decrypta Technologies GmbH or its agents. The above provision does not apply in the event of culpable breach of essential contractual obligations. If Decrypta Technologies GmbH is liable for damage caused by slight negligence from the breach of essential contractual obligations, the following provisions apply: Liability is limited to the typical damage foreseeable under the circumstances. The amount of liability is limited to the purchase price paid. In the event of data loss, liability is limited to the typical recovery effort that would have been required if regular backups had been made. Employees, workers, representatives, and agents of Decrypta Technologies GmbH are also personally liable only to the extent provided in §12.

§13 Miscellaneous  
Deviations from or supplementary agreements to these Terms and Conditions must be made in writing to be effective. This also applies to any modification of this clause. If one or more provisions of these Terms and Conditions are invalid or become invalid, the remaining provisions shall remain valid.

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Decrypta Technologies GmbH

Schwerte, 15.09.2024