Software License and Terms of Sale

1. Scope

These terms and conditions apply to software products, plugins, extensions, and related digital components offered by BitByBitCreation, unless deviating terms have been expressly agreed upon for a specific product.

They govern, in particular, the use of the software as well as the terms and conditions for the acquisition and provision of digital products. Additionally, the terms of the respective sales and payment service provider apply to transactions processed via their platform.

These terms must be accessible to the buyer prior to purchase. They become an integral part of the contract to the extent that they have been effectively incorporated into it.

2. Grant of License

Upon successful purchase, the buyer receives a simple (non-exclusive), non-transferable license to use the acquired software for their own business purposes.

The license covers the installation, execution, and intended use of the software in accordance with the respective product description and technical documentation.

The license applies to the scope and period specified in the respective product description. Unless otherwise stated therein, an indefinite use license is granted, subject to applicable statutory provisions and these terms.

The license transfers neither ownership of the software nor the underlying intellectual property rights.

3. Scope of Use

Unless otherwise specified in the respective product description or by express agreement, a purchase entitles the buyer to use one license for a single productive installation of the acquired software.

Within this installation, the software may be used by multiple users, provided the respective product description does not set forth deviating restrictions.

An additional license is required for each further productive installation. This applies in particular to separate installations on additional websites, systems, or servers, as well as installations for different companies or clients.

In addition, a non-productively used development, testing, or staging installation may be operated, provided it serves exclusively for the development, testing, maintenance, or preparation of the licensed installation and is not used as an independent productive installation.

Backup copies and technically necessary migration to a replacement server do not constitute additional productive installations, provided that multiple productive installations are not operated in parallel.

Deviating licensing models may be defined in the respective product description or through an express agreement.

4. Transfer, Resale, and Prohibited Use

The acquired license entitles the buyer exclusively to use the software within the framework of the granted usage rights.

Without prior express written consent from BitByBitCreation, it is prohibited to:

• sell, rent, lease, transfer, pass on, or sub-license the software or the acquired license;
• resell, offer, distribute, or market the software in whole or in part as an independent product;
• pass off the software under a different name or as your own product;
• make the source code or essential parts of the software accessible to third parties for independent use, redistribution, or marketing;
• provide the software to third parties for independent use, insofar as this exceeds the permitted use for your own business purposes.

The use of the software for the licensee's own business purposes remains permissible. The licensee may deploy the software within their own organization and use the results derived therefrom within the scope of their business activities.

Engaging external service providers for installation, maintenance, or technical support is permissible, provided these activities are carried out on behalf of the licensee and do not constitute an independent transfer or exploitation of the software by the service provider.

Mandatory statutory rights as well as rights and obligations arising from the license terms of integrated third-party or open-source components remain unaffected.

5. Modifications and Backup Copies

The buyer may configure the software for their own permitted use and adapt it to their technical requirements, insofar as the respective software permits this and no product-specific terms prevent it.

Backup copies may be created within the scope of intended use and applicable statutory regulations.

Mandatory statutory rights of lawful users of computer programs remain unaffected.

6. Intellectual Property and Third-Party Components

All rights to the software, in particular copyrights, source code, design, and documentation, remain with BitByBitCreation or the respective rights holders.

The acquisition of a license does not transfer any ownership or exclusive exploitation rights to the buyer.

The software may contain components from third parties or open-source software. Additional license terms may apply to these components. Insofar as these terms provide for deviating rights or obligations for the components in question, they must be taken into account accordingly.

7. License Scope and Future Versions

The acquisition of a license covers the software version and scope of services specified in the respective product description at the time of purchase, as well as expressly promised features.

The acquisition of a license does not confer an automatic entitlement to all future major versions, additional functions, or further developments, unless these have been expressly promised or statutory obligations exist.

8. Support and Installation

The scope of any included support results from the respective product description or a separate agreement.

Unless explicitly stated otherwise, the purchase price does not include individual programming, customer-specific customizations, installation by BitByBitCreation, ongoing maintenance, or guaranteed response and resolution times.

The buyer is responsible for providing a suitable technical environment and the proper configuration of their own systems. Mandatory statutory duties remain unaffected.

9. License Violations

In the event of a material breach of these license terms, BitByBitCreation may take appropriate measures within the framework of statutory provisions and, where applicable, assert claims for injunctive relief or damages.

Insofar as a breach can be remedied, the buyer will generally be granted a reasonable opportunity to remedy the situation, provided this is appropriate given the circumstances and no urgent reasons prevent it.

10. Liability and Statutory Rights

BitByBitCreation shall be liable in accordance with applicable statutory provisions. Any contractual limitation of liability applies only to the extent permitted by applicable law. Mandatory statutory liability provisions remain unaffected.

The functions, properties, and technical prerequisites of the software are derived from the respective product description and documentation. The buyer should verify prior to purchase whether the described functions and technical prerequisites match their intended purpose and technical environment.

The buyer is responsible for the operation of their own servers and systems, appropriate backup copies, as well as the secure configuration and administration of their installation. This does not restrict any statutory liability of BitByBitCreation insofar as such liability is mandated by law.

Mandatory statutory rights and claims are not excluded or restricted by these terms.

11. Applicable Law and Disputes

These terms shall be governed by the laws of the Republic of Poland, to the extent that such choice of law is permissible and does not conflict with mandatory statutory provisions.

The parties may attempt to resolve disputes in connection with these terms amicably in the first instance. The right to resort to the competent courts remains unaffected.

12. Contact and Provider Information

If you have any questions regarding these terms or the use of the offered software, you can contact BitByBitCreation using the following contact details:

Changes to these terms will be published with an updated status on the website. For licenses already purchased, changes shall only apply insofar as they have been effectively agreed upon or are legally permissible.

13. Purchase and Payment

The acquisition of the offered software products takes place via the sales service provider specified in the respective offer. The terms of the respective provider and applicable statutory provisions apply additionally to the order, payment, and, where applicable, tax processing.

The product description displayed at the time of purchase, the price information, and any expressly agreed additional services are decisive for the acquired scope of services and licenses.

The offers are directed exclusively to buyers who acquire the software in the course of a commercial or self-employed professional activity for business purposes. The buyer is responsible for providing accurate information about themselves and, if applicable, their company during the order process.

Prices, taxes, invoicing, and payment terms will be indicated during the order process or handled in accordance with the regulations of the sales service provider applicable to the respective transaction and applicable statutory provisions.

14. Provision and Download

Upon successful completion of the purchase, the acquired software will generally be provided digitally via the sales service provider specified in the offer, unless the product description provides for a different form of provision.

The buyer is responsible for keeping the provided download information secure and for installing and operating the software in a suitable technical environment.

If a download is not possible due to a technical problem, the buyer may contact BitByBitCreation via the provided contact channels. BitByBitCreation will use reasonable efforts to assist in resolving the problem. Mandatory statutory obligations regarding provision remain unaffected.

15. Product Description, Defects, and Errors

The functions, technical prerequisites, and any known limitations of a software product are derived from the respective product description and the associated documentation.

BitByBitCreation develops and maintains the offered software with reasonable care. Nevertheless, errors, incompatibilities, or technical limitations may occur.

Buyers are requested to report identified errors with as precise a description as possible of the affected function, the technical environment, and the steps required for reproduction.

In the event of defects, applicable statutory provisions and effectively agreed contract terms shall apply. Mandatory statutory claims of the buyer are not excluded or restricted.

16. Updates and Maintenance

Whether updates, bug fixes, or new versions are included in the purchase price depends on the respective product description or a separate agreement.

BitByBitCreation may publish updates, bug fixes, improvements, or new versions at its own discretion. Unless expressly promised, there is no entitlement to specific updates, additional functions, regular updates, or new major versions.

The buyer is responsible for checking and implementing available updates as well as for making appropriate backup copies prior to making changes. Mandatory statutory obligations, in particular regarding the provision of necessary updates, remain unaffected.

17. Support

The scope of included support results from the respective product description or a separate agreement.

BitByBitCreation may offer technical assistance for questions and reported errors at its own discretion. Unless expressly agreed otherwise, there is no entitlement to a specific scope of support, individual programming, customer-specific adaptations, installation assistance, specific response times, or the resolution of a specific technical problem.

Inquiries regarding errors and technical problems can be submitted via the contact channels provided on the website. BitByBitCreation will endeavor to process such inquiries within the scope of available resources. Mandatory statutory obligations remain unaffected.

18. Refunds and Chargebacks

Refunds, chargebacks, and other reversals are governed by the terms and procedures of the respective sales and payment provider as well as applicable statutory provisions.

Insofar as participation by BitByBitCreation is required, this will take place within the framework of applicable platform procedures and statutory obligations. Mandatory statutory claims remain unaffected.

19. Termination of License

The granted right of use applies for the duration specified in these terms and in the respective product description.

In the event of a material breach of these license terms, BitByBitCreation may request the licensee to remedy the violation within a reasonable period, provided the violation is remediable. If the violation is not remedied within the period, BitByBitCreation may terminate the right of use to the extent permitted by law.

Termination without a prior request for remedy shall be limited to cases where this is legally permissible and appropriate due to the nature or severity of the breach.

Upon effective termination of the right of use, the licensee must cease using the affected software and delete existing copies, unless statutory retention periods or other rights prevent this.

Mandatory statutory rights and claims remain unaffected.

20. Relationship to Product Descriptions and Individual Agreements

These terms generally apply to all software products offered by BitByBitCreation. Supplementary details in the respective product description, in particular regarding functions, technical prerequisites, license scope, included services, and updates, specify these terms for the respective product.

Deviating or supplementary agreements between BitByBitCreation and the buyer shall take precedence over these terms if they have been expressly agreed.

The terms of the respective sales and payment provider apply supplementarily to orders, payments, and refunds processed via their platform. In the event of contradictions, it shall be determined based on the respective contractual relationship and applicable statutory provisions which regulation is decisive. Mandatory statutory provisions remain unaffected.

21. Conclusion of Contract and Contract Language

The presentation of a software product on the website or a sales platform constitutes an invitation to submit an order. The conclusion of the contract is governed by the ordering procedure, the terms of the respective sales provider, and applicable statutory provisions.

The terms valid at the time of purchase and effectively incorporated, the respective product description, and any expressly agreed additions are decisive for the acquired scope of services and licenses.

These terms are provided in German, Polish, and English. The available language versions can be viewed on the website. The language of a sales platform's user interface does not automatically determine the authoritative language version of these terms.

In the event of discrepancies between the language versions, the Polish version shall generally be authoritative to the extent permitted by applicable law. Mandatory statutory rights of the buyer remain unaffected.