CryptoWoo Terms and Conditions
1. General and scope
1.1 These terms and conditions apply to all contracts and other services of CryptoWoo AS, Svalestien 27, 1407 Vinterbro, Norway (hereafter: “CW”) to its customers (hereafter: “customer”) concerning the sale of digital content via the website www.cryptowoo.com .com (hereafter: “website”).
1.2 The offer of CW is aimed exclusively at companies, business customers, traders, freelancers and public institutions, but not at consumers according to Sec. 13 German Civil Code (BGB). The customer confirms with the conclusion of the contract that he is not a consumer within the meaning of this provision.
1.3 Deviating terms and conditions of the users do not apply unless the provider has expressly confirmed this in writing. The acceptance of the services by the customer is considered acceptance of the terms and conditions of CW waiving the customer’s terms and conditions Individual agreements always have priority.
1.4 The contract language is english. The business relations between CW and the customer are subject to the law of the Federal Republic of Germany. The validity of UN purchasing law is excluded.
1.5 The place of jurisdiction is the registered office of CW. CW may also sue the customer at his place of business.
1.6 All ancillary agreements, changes or additions to this contract must be made in writing in order to be legally valid. This also applies to the waiver of this written form requirement.
1.7 The customer can view and print the order summary and the general terms and conditions on the website. Incidentally, the contract text of CW is not stored after the conclusion of the contract and is therefore not accessible.
2. Content and conclusion of the contract
2.1 CW offers digital currency payment plugins for WooCommerce (herafter: „plugins“) on the website.
2.2 CW offers a free basic version with a limited range of functions. In addition, extensions can be purchased for a fee.
2.3 When ordering a license for a plugin on the website, a contract is concluded by the acceptance of the customer’s order by CW. Pricing awards on the website do not constitute an offer in the legal sense. Before the binding submission of his order by clicking the button “order” or rather “order to pay” the customer can correct all inputs continuously using the usual touchscreen, keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual touchscreen, keyboard and mouse functions. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
2.4 With the notification of the conclusion of the contract the customer receives the contract text and these general terms and conditions.
2.5 CW provides the contractual services, in particular the access to the plugins on the website for use.
2.6 Other services, such as the development of customized solutions or necessary adjustments, require a separate contract.
2.7 CW can provide updated versions of the plugins.
3.1 In order to buy plugins, the customer has to register for free and open a customer account. When registering, the customer enters his first and last name, company name, e-mail address and place of business. In addition, the customer enters a username and password. The specified e-mail address is used to communicate between CW and the customer. After completing the registration process, the customer will receive an activation link via e-mail. The customer must click on this link to successfully open the account and confirm his / her details (double-opt-in). A registration that does not confirm a user within one week by clicking on the activation link can be deleted by CW.
3.2 The data requested by CW upon registration must be complete and correct. Customers have to keep their access data secret. If the data changes subsequently, the customers are obliged to correct the information immediately.
4. Contract period and termination
4.1 The performance of the contractually agreed service shall initially take effect from the date specified in the contract for the duration of the contractually agreed period (hereafter: “minimum term”). During the minimum term of the contract, the ordinary termination is excluded.
4.2 Temporary contracts end automatically after the expiry of the specified contract period.. If the contract is concluded for an indefinite period, an ordinary termination is possible with a notice period of 3 months to the end of the month.
4.3 The right of both parties to the extraordinary termination remains unaffected.
4.4 Notice of termination must be given in writing.
5. Prices, tax and payment
5.1 All prices include statutory VAT where applicable.
5.2 The provision of the plugins is always after advance payment of the customer. Unless otherwise agreed individually, payment of the purchase price will be made immediately after confirmation of the order by cryptocurrencies or Paypal.
5.3 Payments are due immediately.If a customer defaults on its payment obligations, CW may claim damages in accordance with the statutory provisions.
5.4 CW issues an invoice to the customer, which is sent to him in text form.
6. Scope of use
6.1 The plugins will be made available to the customer after receipt of payment.
6.2 The contractual services may only be used by the customer and only for the purposes agreed in the contract. During the term of the contract, the customer may access the contractual services via the internet and use the plug-ins in accordance with the contract. In particular, the customer may install and use the plug-ins on his own website. The customer does not receive any further rights, in particular the software or the possibly provided infrastructure services. Any further use requires the written consent of CW.
6.3 CW may restrict access to its own services as long as the security of the network operation, the maintenance of network integrity, in particular the prevention of serious network faults, software or stored data require it. Failure to provide services due to a disruption beyond the control of CW will result in no decrease. The same applies to the loss of services due to necessary business interruptions (maintenance work).
7. Liability of material defects and defects of title
7.1 For material and legal defects CW is liable according to the legal provisions. Defects must be asserted against CW by the customer within a warranty period of two years.
7.2 With regard to the free basic version warranty rights of CW are excluded.
7.3 The free basic version contains open source components for which no liablity and warranty is assumed.
7.4 In the event of a merely insignificant reduction in the suitability of the services for the contractual use, there are no claims of the customer due to defects. The strict liability of CW for defects that were already present at the time of the conclusion of the contract is excluded.
7.5 The liability and warranty provisions in these terms and conditions apply in relation to the licensor for the entire software. The liability and warranty provisions of open source licenses are valid only in relation to the respective rights holders.
8. Exclusion of liability
8.1 The customer is responsible for creating the technical requirements for the use of the plugins. For a unusability of the plugins or a failure due to the non-creation of the technical conditions CW is not liable.
8.2 For damages caused by computer viruses and impairments and outside the liability for material and legal defects, CW shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. CW is also liable for the slightly negligent breach of essential duties (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (duties whose fulfillment makes the proper execution of the contract possible in the first place and whose compliance the customer regularly trusts), but only for the foreseeable, contract-typical damage. CW is not liable for slightly negligent breaches of duties other than those listed above.
8.3 The limitations of liability of the preceding paragraph do not apply in case of injury to life, limb or health, for a defect after assuming a guarantee for the quality of the product, for fraudulently concealed defects and in data protection claims. Liability under the Product Liability Law (ProdHaftG) remains unaffected.
8.4 If the liability of the seller is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
9.1 CW reserves all intellectual property rights to all plugins, digital products, logos, images and other documents. The copyright notices, digital signatures, trademarks and other legal reservations contained in plugins may not be edited or removed. Plugins may not be further processed by the customer, modified in terms of content or editorial content, sold, passed on, made available as a download, processed or otherwise transferred.
9.2 The customer does not acquire ownership of the plugins. For the term of the contract, the customer only receives the simple, personal and non-transferable right to use the plugins for the contractual use. The partial or complete transfer of the plugins, a copy or a printout to third parties is prohibited. The transfer of access data to the account or the link with the provided plugins is also prohibited.
9.3 The plugins contain components that are licensed as open source software. The components affected and the associated license conditions can be viewed on our website [insert link]. The customer receives a simple right to use the open source software used by the respective rights holders under the conditions that provide for the respective valid license conditions. The present license conditions (in particular clause 9.2 of these terms and conditions) only apply to those components that are not licensed as open source software.
9.4 CW is entitled to take appropriate technical measures to protect against non-contractual use. The contractual use of the services may therefore no longer be adversely affected as irrelevant.
10. Use contrary to the contract, damages
10.1 In the event of an unauthorized, misuse of the offer by CW or in the event of a breach of these General Terms and Conditions, CW has the right, in particular, to suspend or terminate the customer’s access, and / or terminate the contract, if the customer significantly increases its use exceeds or violates regulations to protect against unauthorized use. In this case CW will fundamentally set a reasonable deadline for remedying the customer. The blocking of the access authorization does not apply at the same time as a termination of the contract. A blocking of the access authorization without termination of the contract is possible for a maximum of 3 months.
10.2 The customer is entitled to the removal of the access authorization and the accessibility after he has proven that he has discontinued the use contrary to the contract and has prevented any future use contrary to the contract.
10.3 Upon request, the customer has to inform CW without delay of all information available to it for the assertion of claims for the use contrary to the contract, in particular the name and address of the users. CW reserves the right to take criminal action in any case.
10.4 CW’s claim to compensation for use beyond the agreed use remains unaffected.
10.5 For each case in which a contractual service is claimed unjustifiably in the area of responsibility of the customer, the customer shall in each case pay compensation in the amount of the remuneration that would have been incurred for the contractual use within the minimum contract duration applicable to this service. The proof that the customer is not responsible for the unauthorized use or that there is no or substantially less damage remains reserved to the customer. CW is entitled to claim further damage.
11.1 CW can be reached by e-mail during normal business hours in order to receive and process any customer error messages or requests related to the plugins as well as to individual functional aspects.
11.2 If a technical malfunction is caused by CW, CW will rectify the malfunction as soon as possible and inform the customer.
11.3 If the cause of a malfunction is outside the control of CW, the removal of the error is not part of the contract. Services beyond the scope of the contract are to be agreed individually.
12. Data Protection
12.2 To the extent that CW can access personal data of the Customer or his area, he will act exclusively as a processor and process and use this data only for the execution of the contract. CW will observe instructions of the customer for handling this data. The customer bears any adverse consequences of such instructions. In the event that CW is a processor according to Art. 28 GDPR, the customer agrees to conclude a corresponding contract with the requirements of Art. 28 GDPR with CW.
13. Severability clause
If one clause of this contract is invalid, the remaining clauses remain unaffected. The ineffective clause shall be deemed replaced by one which comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible regulation gaps.