Introduction – Applicability – Definitions
(1) The licensor provides the licensee the standard software mentioned above, subsequently referred to as: contractual software, for the agreed duration and in exchange for a one-time fee.
(2) Our licensing terms apply to all our offers and services, as far as they have become part of the contract.
(3) Consumer within the meaning of § 13 BGB is every natural person who enters into a legal transaction for purposes which cannot be attributed to their trade, business or profession.
(4) Entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession.
Offer – Conclusion of Contract
(1) The license agreement is concluded with Laptop LockWare UG (limited liability), Niklas Schäfer, Hofstadt 7, 40822 Mettmann, Germany.
(2) The contract is concluded via the licensor’s website.
(3) The licensee may first place the digital products into the shopping cart of FastSpring without commitment and provide their information for the conclusion of the contract. The licensee may change the products in the shopping cart and their information at any time by using the provided navigational buttons.
(4) If a contract is concluded on the website or the pop-up of FastSpring (merchant of record), the licensee makes a binding offer to enter into a contract by clicking on the “order and pay“ or a similar button on our website. The contract is then concluded by making the software available for download or streaming; at the same time, the licensee will receive an e-mail with these terms and conditions and the cancellation instructions attached in text form.
(5) The contractual language is German.
(6) The licensor will keep and store a written contract, but a contract may also be concluded orally. The licensor will not store contracts concluded through the website.
Fees – Payment Terms – Payment Methods
(1) The fees are based on the product description. All of the licensor’s prices are shown in the currency of the shopping cart and include VAT, if applicable.
(2) The fees shall be paid in the agreed manner. The licensee may choose between the following payment methods:
– PayPal, in which case the payment will be made according to the agreement between the licensee and PayPal; further information can be found in the terms and conditions of PayPal.
– Credit card, in which case the billing will occur after FastSpring will have accepted the contract.
– Direct debit, in which case the payment will be debited when the products will be made available to the licensee.
– Immediate bank transfer, in which case the transfer will be made to the licensor’s account immediately. In this case, licensees require the same data as for their online banking. The details will be provided in the dialogue for carrying out the immediate bank transfer.
– Giropay, in which case the transfer will be made to the licensor’s account immediately.
– Wiretransfer, in which case the transfer will be made to the licensor’s account as soon as the information will be sent to the licensee’s bank.
(3) If the licensee is in default with the payment, the licensor has the statutory rights, especially those pursuant to § 288 BGB. Licensees are advised that they will be in default of payment no later than 30 days after receiving the invoice.
(4) If the licensee is in default with the payment, the licensor may refuse the services by temporarily blocking the licensee’s access to the software. In that case, the licensee still has to pay the agreed fees despite the access being blocked. If the statutory requirements of § 543 BGB are met, the licensor may also immediately terminate the contract for default of payment.
Subject of the Contract – Additional Services – Term of the Contract
(1) These terms and conditions govern the temporary use by the licensee of the contractual standard software in its version at the time the contract is concluded.
(2) The software is provided by the licensor for the duration of the license. Licensees may use the software for the term of the contract once it has been installed on their laptop and made executable, as long as they have an active internet connection. The range of features of the contractual software is based on the contractual documents (in particular the offer, website, description in the shopping cart, programme sheet and documentation), subsequently referred to as: description.
(3) To notify the licensee (for example in case of a forgotten password or when an alarm has been activated), the software may send text messages. The licensee acquires – depending on the type of license purchased – different levels of credit once the fees have been paid. At https://laptop-lock.de/wp/SMSorder/ or https://laptop-lock.de/wp/en/SMSorder/, the licensee may purchase further text-message credits via PayPal; for details please refer to the sales process there.
(4) The scope of services differs depending on the purchased version Lite, Basic and Premium pursuant to the description.
(5) A license may be bought for 3 months or for 12 months. The term of the contract begins with the activation of the software, not with the purchase, and extends to the purchased term. At the end of the term, the contract will expire and the licensee may acquire another period of 3 or 12 months.
Availability of the Software – Force Majeure
(1) The licensor may temporarily limit or block altogether the use of the page, in particular for maintenance and improvement as well as for other reasons required by the licensor’s or the software’s operation. If possible, the licensor will consider the reasonable interests of the licensee (for example in determining maintenance times). In the case of immediate malfunctions, the licensor may also address malfunctions during regular business hours.
(2) The licensee shall report any lack of functionability or malfunctions to the licensor as soon and as detailed as possible.
(3) If the licensor is unable to provide the services due to force majeure, the licensor’s obligation to provide the services will rest for as long as the impediment to the performance lasts.
(4) If the impediment to the performance lasts for more than one week, the licensee may terminate the contract immediately if the performance of the contract won’t be of further interest to the licensee due to the hindrance.
Provision of Services – Support
(1) The licensee may receive help for using the software from the licensor (support). The first stop are the FAQ in German at https://laptoplockware.freshdesk.com/support/solutions and in English at https://laptoplockware-en.freshdesk.com/support/solutions, and the help feature at https://laptop-lock.de/wp/faq/ or https://laptop-lock.de/wp/en/faq/. The licensee may also contact the licensor electronically by using the contact form if the licensee has questions about the use and the features of the software that are not answered by the FAQ or the help feature.
(2) The licensee is only entitled to support services currently offered by the licensor, the scope of which depends on the purchased product license and can be read on the website.
(3) The licensor may make the provision of support dependent on the licensee’s sufficient authentication.
(4) If the licensor offers electronic support, the licensee grants the licensor access to all the licensee’s system components for support purposes at all times. If a remote access connection will be required, the licensor will provide this and the associated efforts free of charge. The licensee has no right to claim own expenses connected with the remote access connection and the provision of support, like connection charges, costs for administrators, compensation for working hours or similar, from the licensor.
(1) The licensor will keep developing the software and its services further. Improvements and updates of the standard software in line with the current features and in compliance with changed legal and technological requirements will be provided to the licensee automatically and voluntarily as part of the contract.
(2) The licensee is not entitled to certain improvements (unless the software is or becomes defective) or a certain timeline of measures.
(3) In particular, the licensee is not entitled to further development of additional features; the licensor may make their use dependent on amending the contract, in particular amending the agreed fees.
(1) The licensee may not use the software excessively or in a spamming manner. The licensee must take all precautions to rule out illegal, spamming or otherwise excessive use.
(2) The licensee is not allowed to use or infect the software or the server, on which the software is run, with malware (viruses, worms or Trojan horses etc.) or to permit such type of use negligently.
(3) Unless explicitly agreed, the licensee is not allowed to pass on, sublease, sublicense or otherwise resell the software.
Licensee’s Obligations, Cooperation
(1) The full use of the software requires an active internet connection. Setting up and maintaining such a connection is the licensee’s responsibility.
(2) The licensee has to provide full and true information that is required for the contract. The obligation to provide true information relates in particular to the first and last name, full address as well as contact and bank information. If the licensee provides false information, the licensor may immediately terminate the contract for cause.
(3) The licensee must keep the information up to date and inform the licensor of any changes without delay.
(4) The licensee has to register with user name, e-mail and password as well as potential further data.
(5) If the access data are repeatedly entered incorrectly, access may be blocked for the protection of the licensee. If the blocking is the licensee’s fault, the licensee is liable for the expenses incurred by granting renewed access and for the licensor’s expenses, based on the contractually agreed or locally typical and reasonable fees.
(6) The licensee has to inform the licensor without delay as soon as the licensee gains knowledge of third parties having access to the licensee’s access data or if they have otherwise gained access to the user profile. If the licensee fails to notify the licensor without delay, the licensee must compensate the licensor for resulting losses.
Cancellation – Cancellation Form
(1) Consumers within the meaning of § 13 BGB have a right of cancellation.
(2) Please note: If the licensee has asked the licensor to provide the services immediately and the licensor has informed the licensee that this voids the right of cancellation, the subsequent right of cancellation will become void as soon as the licensee will have received the services (for example by logging in or by downloading).
Right of Cancellation
You have the right to withdraw from this contract within fourteen days without providing reasons. The 14 days are counted from the day of the conclusion of the contract.
To exercise the right of cancellation, you must inform us, Laptop LockWare UG (limited liability), Hofstadt 7, 40822 Mettmann, Germany, e-mail: firstname.lastname@example.org, unequivocally about the decision to cancel this contract (for example by letter, fax or e-mail). For that purpose, you may but don’t have to use the attached standard cancellation form.
The cancellation notice is deemed to have been issued in due time if you e-mail off the notice about exercising the right to cancellation before the end of the deadline.
Consequences of the cancellation
If you withdraw from this contract, we must refund all payments, which we have received from you, without delay and no later than fourteen days from the day on which we have received the cancellation notice for this contract. For the refund, we will use the same payment method that you used for the original transaction, unless otherwise and explicitly agreed with you. In neither case will we charge you any fees in connection with this refund.
Standard Cancellation Form
(If you wish to cancel the contract, please fill in this form and return it to us.)
– To Laptop LockWare UG (limited liability), Hofstadt 7, 40822 Mettmann, Germany, e-mail: email@example.com:
– Hereby, I/we (*) cancel my/our (*) contract about the provision of the following services: license for LockWare
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature(s) of the consumer(s) (only when using paper form)
(*) Delete as applicable.
Rights in Case of Defects – Statute of Limitations
(1) The licensee has the unabridged rights under the statutory law on liability for defects.
(2) The licensor’s potential strict liability for initial defects pursuant to § 536a BGB is waived. The licensor is only liable for initial defects if the licensor knew or should have known of the defect and failed to inform the licensee accordingly.
(3) The licensee is kindly asked to report potential defects in detail and in a comprehensible manner. It would be helpful if the licensee details the steps that led to the defect, the way the defect materialises as well as the defect’s effects.
(4) The software may not be compatible with each licensee’s hardware or software; this would be impossible to achieve, given the number of products. Licensees are therefore asked to make use of the free one-week trial to check the compatibility in advance.
(5) The licensee has no rights for defects if the contractual software does not work properly for the only reason that the licensee is using it under conditions not agreed or with a system not agreed or in an illegal manner or if the licensee has amended the software (or had it amended by a third party) in a detrimental way, if this is the reason for the defect.
(1) The licensor is liable without limitation for premeditated or grossly negligent acts as well as culpable injury to life, limb or health or violations of the Product Liability Act or in the case of a promised feature, whatever the legal basis.
(2) The licensor is not liable for slightly negligent breaches of non-essential contractual obligations. In the case of a breach of non-essential contractual obligations, the licensor’s liability is limited to the typical losses foreseeable at the time of the conclusion of the contract. Essential contractual obligations are such obligations that protect legal positions of the licensee which are essential to the contract, which the contract has to guarantee to the licensee according to the content and purpose of the contract, as well as obligations, the performance of which is necessary for the proper performance of the contract to be possible and of which the licensee could usually rely on them being fulfilled.
Copyright – Licenses
(1) For the term of the contract, the licensor grants the licensee the non-exclusive, non-transferable and non-sublicensable right to use the contractual software. The use is always limited to one device or to one user profile on the computer, unless the Premium version was purchased, which allows the use on several devices – but not simultaneously.
(2) Unless permitted by law, the licensee is not allowed to
– translate, amend, mix or otherwise change the software; this extends to the related documentation,
– to decompile, imitate or reverse engineer the software,
– to copy the software or the documentation, unless it is necessary for the contractual lease use,
– to remove, to change or to render illegible the licensor’s trademark, copyright or other intellectual property right signs affixed to the software.
(3) The licensee’s data collected, processed and generated by the software will be stored on the licensor’s servers. The licensee remains the sole owner of the data. The licensor acts merely as a processor of personal data.
(1) For the contract, contractual data are collected in accordance with Art. 6 para. 1 (b) GDPR (for example name, address and e-mail address, possibly also services used and all other electronically or for the purpose of storage transmitted data, which are required for the performance of the contract), insofar as they are required for the conclusion, negotiation or amendment of this contract.
(2) Based on our legitimate interests in a functioning software according to Art. 6 para. 1 (f) GDPR, the following data is collected when using the software:
– For technical support and statistical purposes, the licensor maintains a logging database with the actions “protection enabled", “protection disabled" and “alarm triggered". The time, the type (e.g.: “protection enabled") and the anonymous user ID are stored in the database.
– In the event of a software crash, a crash report (Bugsnag) is generated, which may contain device-specific information: device name, operating system, 32/64 version, number of processor cores, version of our software in use.
– If the alarm is triggered, a photo of the webcam can be sent to the licensee by e-mail (if the licensee has activated this feature). To do this, the photo is first automatically uploaded to the licensor’s servers in the background and then deleted again after a few seconds once the e-mail has been successfully sent.
– If the licensee deletes the account in the software, all data belonging to the licensee will be deleted, with the exception of past logs, the purchased licenses (purchase history, which will be stored within the framework of the contractual data in accordance with para. 2) and an encrypted “fingerprint of the laptop" created and encrypted by LockWare, which serves the only purpose of preventing the multiple use of the free trial period and contains no personal information or other information that can be attributed to the licensee.
(3) The contractual data will only be passed on to third parties insofar as it is necessary to perform the contract (in accordance with Art. 6 para. 1 (b) GDPR), for the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 (f) GDPR) or if consent has been given (in accordance with Art. 6 para. 1 (a) GDPR) or if there is another statutory permission. The data will not be passed on to a country outside of the EU, unless the EU Commission has determined a similar level of data protection as in the EU, consent has been provided or standard contractual provisions have been agreed with the third-party licensor.
(4) Persons concerned have the right, at any time, to:
• revoke a consent granted in accordance with Art. 7 para. 3 GDPR. The data processing based on this consent may then no longer be carried out, but the revocation does not affect the lawfulness of the data processing carried out up to that point;
• request information in accordance with Art. 15 GDPR on the personal data processed, including information on the purposes of the processing, the category of personal data, the categories of recipients to whom the data have been or will be disclosed, the expected storage period, the origin of the data, if not collected here, as well as on automated decision making including profiling and the existing rights about which information is provided here;
• demand that inaccurate or incomplete personal data be rectified without delay in accordance with Article 16 GDPR, in particular if the purpose of the processing has ceased to exist, if necessary consent has been withdrawn, if there is no other legal basis or if the data processing is unlawful;
• demand that the stored personal data be deleted in accordance with Art. 17 GDPR, unless the processing is necessary in the exercise of the right to freedom of expression, for the fulfilment of a contract, for reasons of public interest or for the assertion or defence of legal claims;
• demand that the processing of personal data be restricted in accordance with Art. 18 GDPR if the accuracy of the data is disputed or if the processing is unlawful and deletion is refused and the data are no longer needed, but the person concerned needs them in order to assert, exercise or defend rights or has lodged an objection to the processing in accordance with Art. 21 GDPR;
• require that the data provided be handed over or transferred to a third person in a structured, common and machine-readable format;
• file a complaint with the competent supervisory authority in accordance with Art. 77 GDPR, if the processing of personal data is not lawful; the competent authority is usually the supervisory authority of the place of habitual residence or workplace of the person concerned or of the registered office of our company.
• object in the case of the personal data being processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 (f) GDPR, if there are reasons for doing so which arise from the special situation of the person concerned.
(5) If the person concerned has registered for the newsletter with their e-mail address, the licensor will use the e-mail address of the licensee for the licensor’s own advertising purposes in addition to the execution of the contract and the advertising for similar products. The person concerned can unsubscribe free of charge at any time by clicking on the unsubscribe link in any e-mail or informal message. Account, payment or security related messages will continue to be delivered.
(6) The data will generally only remain stored as long as the purpose of the respective data processing requires it. Storage beyond that time is possible if it is necessary to pursue legal claims or for legitimate interests or in cases of a statutory obligation to store the data for longer (for example tax-law requirements to maintain records, statute of limitations).
Disagreements – Dispute Resolution
(1) Online dispute resolution in accordance with Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which the licensee may find at http://ec.europa.eu/consumers/odr/. The licensor is neither compelled nor willing to participate in such a dispute resolution.
(2) If the licensee is an entrepreneur, jurisdiction lies with the court at the licensor’s registered seat of business. The licensor may however also sue licensees at the court in whose district their domicile or business address is.