GENERAL TERMS AND CONDITIONS

 

1. General provisions

1.1    Subject of the GTC This General Terms and Conditions (hereinafter referred to as „GTC„) set out the rights and obligations of persons using the e-commerce services provided by Software Products Ltd (hereinafter referred to as „Service Provider„) (hereinafter referred to as „User„). These GTC apply to all e-commerce services related to Software product keys (hereinafter referred to as „Software Product Key„) available for purchase through the website https://soft-products.com/ (hereinafter referred to as „Service” or „Services„). 1.2    Duration of the GTC These GTC shall be effective from 1 November 2023 and shall remain in force until revoked. The Service Provider shall be entitled to unilaterally amend these GTC, which amendments shall be published by the Service Provider on its website. 1.3    Creation and language of the contract The contract concluded by means of these GTC shall be a written contract, the Service Provider shall record the contract, which the User shall be entitled to request from the Service Provider at any time during the term of the contract. The conclusion of the contract shall be preceded by registration by the User. The contract shall enter into force upon ordering by the User and payment by the User of the current consideration for the Service. The object of the Service is the right to use or access a software available through the Software product key on the Service Provider’s website, in the scope purchased by the User, thus the Service shall be deemed to be fulfilled by granting the right to use or the right to access, regardless of whether the User actually uses it or not. The language of the contract and of the conclusion of the contract shall be English. The Service Provider is not subject to a code of conduct. 1.4    Applicable law Purchases made through the Service Provider’s website shall be governed by these GTC and the relevant provisions of Hungarian law, in particular. –     EU Digital Services Regulation 2022/2065 (19 October 2022), –     Act V of 2013 on the Civil Code, –     Act CVIII of 2001 on certain aspects of electronic commerce services and information society services, –     Act LXXVI of 1999 on Copyright,

2. Parties

2.1    Service provider Name: Software Company Korlátolt Felelősségű Társaság Company registration number: 01-09-401106 Name of the registering court: Budapest-Capital Regional Court Tax number: 27863611-2-41 Registered office and mailing address: 1054 Budapest, Honvéd utca 8. 1. em. 2. ajtó Electronic mail address (e-mail): support@soft-products.com Telephone number: Name, address and e-mail address of the hosting provider: Profitárhely Kft. (address: 6000 Kecskemét, Szolnoki út 23., Hungary; e-mail address: ugyfelszolgalat@profitarhely.hu). 2.2    User Any company or person who uses the Services for the purpose of its professional or economic activity shall conclude a contract with the Service Provider.

3. The Service

3.1    Description of Service The object of the service is the provision to the User of the Software product key displayed on the website and purchased by the User. 3.2    The registration procedure 3.2.1 Purchase of the Software product key from the website is subject to registration.  Only companies entering the contract or persons who conclude a contract for a purpose falling within the scope of their professional or economic activity are entitled to register. 3.2.2 During registration, the User is obliged to provide the following data. Name, password, contact name and e-mail address. In addition, the User is obliged to provide the Service Provider with a document proving that the User is a legal entity or in case the User is a private person, then he/she is engaged in business activities. 3.2.3. User’s registration will be processed by the Service Provider. In the case of a positive assessment, the User will be able to purchase the Software Product Keys after accessing the website. 3.2.4. By registering, the User acknowledges the current GTC and the Privacy Policy. 3.2.5. During the registration, the User is obliged to provide its real data, as defined in the Privacy Policy. 3.2.6. The User is responsible for the accuracy and authenticity of the data provided during registration. The Service Provider shall not be liable for any problems or errors resulting from incorrect and/or inaccurate data provided by the User. 3.2.7 The User undertakes not to disclose the identifiers used to use the Service to third parties. 3.2.8. The User can access the website using the e-mail address and password provided during registration and then make a purchase. 3.3    Consideration of the Service 3.3.1 The Software product keys might be purchased from the website by the User only after registration finalized by the Service Provider, and upon payment of a consideration. By paying this fee, the User purchases the right to use or access the Software of his choice (according to the terms and conditions of the Manufacturer or the Service Provider applicable to the Software in question). The Service Provider shall grant the User the right to use or the access the Software by providing the User with a product key. The amounts payable for each Software product key are shown next to the relevant Software on the website. 3.3.2 By purchasing any of the Services on the Website, the User is not purchasing a renewable subscription. Therefore, the purchased Service can only be used for the period for which the User has paid the fee. 3.3.3 Payment for the Service may be made by online payment by credit card through the SimplePay online payment system runned by OTP Mobil Ltd. (credit card details are not passed to the merchant), or through PAYU international credit card payment, or BLIK and Paypal system. 3.3.4. In case the website contains incomplete/incorrect information about the services or their prices, the Service Provider reserves the right to correct it. The Service Provider shall inform the User immediately after the error has been detected and corrected, after which the User may confirm the order once again or withdraw from the contract. 3.3.5. After payment, the Service Provider will issue an electronic invoice for the ordered Service. The User acknowledges that by placing an order it is an obligation for payment. 3.4    Services available for purchase and ordering procedure 3.4.1. The User might purchase the Services on the Service Provider’s website online, after successful registration. 3.4.2.  On the website, the Service Provider provides details of the name and description of the service. The User undertakes to read the end user license agreement (EULA) published by the software manufacturer of the Software for users before purchasing the relevant Software product key. By entering into this agreement, the User undertakes to use the Software in accordance with the EULA. 3.4.4 After successful login, the User clicks on the „purchase” button next to the selected Service and then selects its preferred payment method. 3.4.5 The Userafter the successful payment, will be redirected from the welcome page to the order menu, where their orders will be displayed, and the purchased quantity of product keys will be immediately displayed next to the item(s) within the order. At the same time, the purchased Software product key(s) will be sent to the User by e-mail to the e-mail address provided during registration. 3.5 Technical conditions for using the Service 3.5.1 The operation of the Software requires a device with compatible software and typically an Internet connection, the costs of which are borne by the User. The User acknowledges that the Service Provider will endeavour to enable the User to download the Software through the Service Provider’s website, however, the Service Provider shall not warrant or guarantee that its website will be continuously available, nor that all Software and all configurations of the Software will be available on its website. 3.5.2. Software compatibility The operating systems required to use the Service: –     Windows device: Windows 7,8,8.1,10,11, or later. –     macOS(Apple) device: macOS catalena or later. 3.5.3. Hardware compatibility Necessary hardware to use the Service: –     Broadband Internet –     RAM: 4GB 3.5.4 The technical security measures applied: the purchase of the Services is subject to registration, which allows access to the database only by entering a username and password. 3.5.5 Interoperability The Software Product Key purchased by the User can only be used with the Software for which the product key was purchased by the User.

4. Rights and obligations of the User

4.1 The User’s rights regarding the Software are limited to the extent set forth in the End User License Agreement (EULA), which is limited in time for the subscription period / purchased term applicable to the Software Product Key, except in the case where the User purchases a Software Product Key that is subject to a perpetual software license. When using the Service, the User is not entitled to decrypt, modify or adapt the Software for use with the purchased Software product key and must comply with the manufacturer’s EULA for the Software concerned. 4.2 The User may only use the content or any part of the content viewed on the Service/Website only in compliance with copyright and intellectual property laws. 4.3 The infringing User shall be fully liable for all damages resulting from any infringement of copyright. 4.4 The Service Provider reserves the right to investigate and/or terminate the User’s right to use the Software without refund of any purchase if the User breaches or misuses the Software Product Key in any way. 4.5 The User is responsible for creating the necessary conditions of use on his part and for providing the appropriate hardware.

5. Rights and obligations of the Service Provider

5.1 The Service Provider shall be entitled to keep a record of the User’s data and to use the User’s data in accordance with the Privacy Policy accepted by the User. 5.2 The Service Provider does not guarantee that the Software / Software Product Key provided is fully compatible with all devices and software configurations. The Service Provider shall not be liable for the loss of the Software Product Key or for any direct or indirect damages attributable to its use or inability to use the Software Product Key. It is the User’s responsibility to verify that the hardware device and operating system it wishes to use complies with the manufacturer’s hardware and software compatibility requirements for the Software. 5.3 The Service Provider shall not provide the User with software support services for the Software for which the User purchased a Software Product Key. 5.4 The Service Provider shall not be liable for any interruption or discontinuance of the Service or any damages resulting therefrom. 5.5. The Service Provider does not assume any responsibility for the operation or failure of the Software for which the User purchased a Software Product Key. 5.6 The Supplier’s liability for any breach of contract shall be limited to an amount equal to the net purchase price of the Software Product Key concerned. This limitation of liability shall not apply to liability for intentional breach of contract, or for any breach of contract causing damage to human life, physical integrity or health.

6. Exclusion of the right of withdrawal and immediate termination, product warranty

6.1    Exclusion of the right of withdrawal and immediate termination The Service Provider shall not provide the Software Product Key to the User on a tangible medium, but makes it available online to the User after payment of the Service fee ordered on the website. The User acknowledges that the User loses its right of withdrawal or immediate termination after the commencement of the performance. The commencement of the performance is when the Service Provide makes the Software Product Key available to the User. 6.2.   Product liability Given that the Service does not relate to a tangible item (product), there is no product liability for the Service under these GTC. 6.3    Express warranty The Service Provider does not provide any express warranty for the Software Product Keys. 6.4   Implied Warranty and error correction 6.4.1 If the Software Product Key received does not work after a successful purchase, the User can report an error by logging into the user account created during registration. 6.4.2. The User shall report the defect to the Service Provider without delay, but no later than 7, or, 15, or 30 days from the date of purchase of the Software Product Key, in accordance with the defect reporting deadline applicable to the Software Product Key. For each Software Product Key available on its website, the Service Provider will indicate which defect notification deadline applies to the relevant Software Product Key. If the User fails to report the error within the above deadline, the error report shall be deemed to have been made with delay, in which case the Service Provider shall not be obliged to repair the error or replace the Software Product Key. The Service Provider informs the User that in the context of exercising its rights under the implied warranty, the User may not repair the defect itself or have it repaired by another party at the Service Provider’s expense. 6.4.3 The Service Provider undertakes to commence the correction of the defect within 72 hours after the notification by the User.  The above deadline shall be the time when the error correction is started, the Service Provider shall not undertake any deadline for the completion of the error correction under these GTC. 6.4.4 The User shall provide the order number, the defective Software Product Key, the error description and the error message, and shall also provide a screenshot. 6.4.5 The Service Provider shall not be liable for any warranty obligations beyond those set out above. In the event of any other problems, the User may contact the manufacturer of the purchased software directly.

7. Duration and termination of the contract

7.1 The contract for the purchase of a Software Product Key shall automatically terminate without any further legal action upon delivery of the Software Product Key to the User. 7.2 In view of the above circumstances, the Contract may not be terminated by ordinary termination.

8. Vis maior

8.1 Neither party shall be liable for any delay or failure to perform an obligation under the contract due to an event beyond its reasonable control. Such circumstances include, for example: natural disaster, fire, flood, order of a public authority, state of emergency, riot, civil war, war, strike or similar industrial action, server attack, hacker attacks, unauthorised access, etc. 8.2 If, due to a force majeure event, the duration of the interruption exceeds two months, either Party shall be entitled to terminate the Contract with immediate effect. 8.3 Force majeure events shall not exempt the User from the payment of the invoice for the Services provided and the User shall not be entitled to any compensation in this respect.

9. Dispute resolution

The User may enforce his claims against the Service Provider in court. The Hungarian courts shall have exclusive jurisdiction over any disputes relating to the Services under these GTC. Any disputes shall be governed by Hungarian law. The Budapest District Court for the II. and III. Districts (Hungary) shall have exclusive jurisdiction to settle any disputes in matters falling within the jurisdiction of the district courts. The Kecskemét Regional Court shall have exclusive jurisdiction to settle any disputes in matters falling within the jurisdiction of the regional courts. Any claim arising from this contract shall be lapsed (time-barred) after 6 months. The present provision shall derogate under Article 6:22 § (3) of the Civil Code from the general 5-year lapse period. By accepting the present GTC, the User declares that it has expressly acknowledged and taken note of the present deviation from the Civil Code.

10. Completeness clause

The present GTC shall, together with the Contract between the Parties, contain all the terms and conditions of the contractual agreement between the Parties, and any previous agreements not made in a written form (e-mails excluded) signed by both Parties shall be null and void. If any provision or part of any provision of these GTC shall be or become invalid or unenforceable, the other parts of these GTC shall remain in full force and effect. In such a case, the relevant provisions which are as close as possible to the economic purpose of the ineffective or unenforceable provision shall prevail by (additional) interpretation.