Terms and Conditions
For the purchase and use of AZ-FIVE MicroTools by consumers and businesses and for supplementary software services.
1. Scope and provider
The product provider is AZ-FIVE Industries, proprietor Dominik Lippelt, Leonhardstraße 39A, 78333 Stockach, Germany (“AZ-FIVE”). Contact: info@az-five-industries.com, phone +49 7771 6340037.
These terms apply to AZ-FIVE MicroTools purchased through the website or a connected checkout and to supplementary software services. A consumer is a natural person acting predominantly outside their trade or profession; a business customer acts in the course of a trade, business or self-employed professional activity.
Business customers confirm that they are authorised to represent the named organisation. Conflicting business terms apply only if AZ-FIVE expressly accepts them in text form. Mandatory consumer law always takes precedence.
2. Product description and contract formation
Product pages are invitations to place an order, not binding offers. Before redirecting to payment, the product, total price, licence scope, compatibility, delivery method, update period and customer type are summarised. You place the paid order only by using the clearly labelled order button in the Stripe/Link checkout. The contract is formed after payment confirmation and digital delivery or express acceptance.
Stripe/Link acts as merchant of record for the transaction and handles payment processing, transaction receipts, fraud and dispute handling, transaction-related support and the indirect-tax processing shown at checkout in supported countries. The payment and transaction terms shown there apply in addition. AZ-FIVE remains responsible for the software, licence, digital delivery, promised updates and product support.
The product features, system requirements and notices shown immediately before ordering apply. Contract languages are German and English. If the versions differ, the German version controls to the extent permitted by mandatory law.
3. Prices, payment, withdrawal and refunds
The total price shown immediately before ordering applies, including any indirect taxes and other price components. No shipping charge applies. A one-time price does not create a subscription. If local-currency conversion is offered, the checkout amount controls.
Consumers generally have a 14-day right of withdrawal. Instructions, a model form and the continuously available electronic function are provided at Withdraw from contract. For paid digital content not supplied on a tangible medium, the right expires when supply begins only after the consumer has expressly consented to supply before the end of the withdrawal period, acknowledged the resulting loss of the right and received contract confirmation. Statutory conformity rights remain unaffected.
Where a withdrawal is effective before the right expires, payments are refunded as required by law. Pure business-to-business transactions have no statutory consumer withdrawal right. Further refunds are made where legally required, under applicable checkout terms or as an express goodwill decision.
4. Digital delivery and download
Delivery is digital as a ZIP download after confirmed payment. For delayed payment methods, including direct debit, access is released only after positive payment confirmation. The link is normally available for seven days; a replacement can be provided on request after verification. Customers should retain the package, documentation and contract confirmation.
For consumers, supply before the end of the withdrawal period starts only after the separate express consent and acknowledgement. AZ-FIVE may withhold or block a download if payment is unconfirmed, reversed or abusive.
5. Licence
After full payment, the customer receives a simple, perpetual, non-exclusive and non-transferable licence for one production installation of the purchased MicroTool for the purchasing customer or business.
Development and staging installations are also allowed where they are used solely to prepare or test the same licensed production installation and are not operated as separate live services. Employees and contractors may use the software only for the customer and subject to appropriate confidentiality.
The customer may modify source code for their own internal use. Changes are made at the customer's risk; support for modified code requires a separate agreement.
Resale, sublicensing, rental, publication, free distribution, public-repository distribution, removal of rights notices, use as a competing source-code product or use of one licence for several businesses or independent production installations is prohibited. Service providers require a separate licence for each customer installation unless agreed otherwise in writing.
6. Installation, operation and customer duties
MicroTools are self-hosted. The customer is responsible, within reasonable limits, for compatible system requirements, secure installation, access controls, runtime updates and backups. Anyone processing third-party personal data remains responsible in their own sphere for lawful grounds, notices, permissions and retention.
The software must be tested in the intended environment before production use. Credentials and source code must be protected. Unlawful use and use in safety-critical areas without suitable additional safeguards is prohibited.
Only business customers indemnify AZ-FIVE against justified third-party claims resulting from unlawful use or culpable breach for which they are responsible. Consumers have no such indemnity obligation.
7. Support, maintenance and updates
The product support described on the product page and security or conformity updates required for the product are included for at least twelve months after purchase. Any mandatory longer statutory period remains unaffected. Customers are informed about necessary updates and the consequences of not installing them and are responsible for installing the updates made available.
Unless separately agreed, there is no 24/7 support, fixed response or recovery time, individual installation, ongoing administration, entitlement to new features or lifetime feature updates. Customisation is supplied only under a separate quote.
8. Statutory conformity rights
Consumers retain all statutory rights for digital products, including conforming supply, cure and other legal remedies. A clearly disclosed unsupported environment or unauthorised modification is taken into account only to the extent that it caused the defect.
Defects should be reported with sufficient information, and AZ-FIVE must receive the opportunity for cure provided by law. For business customers, section 377 of the German Commercial Code applies where both parties are merchants, and claims expire after twelve months except in cases of fraud, guarantee or mandatory longer periods.
9. Liability
Unlimited liability: AZ-FIVE is liable without limitation for intent and gross negligence, injury to life, body or health, under the German Product Liability Act, for fraudulent concealment, an express guarantee and all other mandatory statutory liability.
Ordinary negligence: For a slightly negligent breach of an essential contractual duty whose fulfilment enables proper performance and on which the customer may normally rely, liability is limited to the loss typical and foreseeable when the contract was formed. Liability for other cases of slight negligence is excluded.
Data loss: For data loss caused by slight negligence, liability is limited to the typical recovery cost that would have arisen with proper, risk-appropriate and regularly tested backups. Customers remain responsible for backups and recovery tests.
To the extent permitted by law, liability for indirect or consequential loss, lost profit, failed savings and business interruption is excluded unless unlimited liability or breach of an essential duty applies. Limitations also benefit AZ-FIVE's employees, representatives and agents.
10. Third-party rights and open-source components
All rights not expressly granted remain with AZ-FIVE or the applicable rights holder. Included open-source and third-party components remain subject to the licences identified in the product package, and those rights are not restricted by the commercial licence.
The customer must promptly notify AZ-FIVE of alleged infringement and, where reasonable, allow AZ-FIVE to conduct the defence. For a justified claim, AZ-FIVE may obtain rights, replace the affected component or reverse the contract for the affected product.
11. Term and termination
The licence is normally perpetual. AZ-FIVE may terminate it for cause following a material licence breach if a reasonable cure period expires without cure or if cure is unreasonable.
After effective termination, the customer must cease use and delete all copies unless mandatory law requires retention. Accrued statutory claims and liability provisions remain unaffected.
12. Availability, disputes and final provisions
AZ-FIVE is not responsible for delay caused by events outside its reasonable control; due statutory duties to supply, cure or refund remain unaffected. Applicable export and sanctions law must be observed.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice does not remove the protection of mandatory law in their country of habitual residence. Exclusive jurisdiction at AZ-FIVE's registered location applies only to merchants, public-law entities or public-law special funds where legally permitted.
As a microenterprise with no more than ten employees, AZ-FIVE is not obliged and is currently not willing to participate in proceedings before a consumer arbitration board. Where a consumer dispute remains unresolved, the information required by law will be provided in the individual case. The former EU Online Dispute Resolution platform was discontinued on 20 July 2025.
If a clause is ineffective, statutory law applies in its place and the remaining clauses continue. Individual agreements remain unaffected.
