Business Terms

1. Scope and provider

The provider of the product-related services is AZ-FIVE Industries, proprietor Dominik Lippelt, Leonhardstraße 39A, 78333 Stockach, Germany (“AZ-FIVE”). Contact: info@az-five-industries.com.

These terms apply to AZ-FIVE MicroTools purchased through the website or a connected checkout and to related software services unless different terms are agreed in writing. Customer terms apply only if AZ-FIVE expressly accepts them in text form.

Before checkout, the customer confirms that it acts for business purposes and is authorised to contract for the stated business. AZ-FIVE may request suitable evidence and reject an order where there are reasonable doubts.

2. Product description and contract formation

A product page is an invitation to place an order, not a binding offer. The customer places a binding order by completing checkout. The contract for delivery and usage rights is concluded when payment is confirmed and the download is made available, or when AZ-FIVE expressly accepts the order.

Checkout is handled by Stripe or Link as merchant of record. For the relevant transaction, Stripe/Link handles payment processing, transaction-related customer support and the indirect tax shown at checkout. The transaction terms displayed during checkout apply in addition. AZ-FIVE remains responsible for product content, technical delivery, licensing and product-related support under these terms.

The product description, system requirements and features displayed at the time of ordering define the agreed product. Advertising statements, screenshots and examples are not guarantees unless expressly identified as such.

The contract is available in German and English. If the versions differ, the German version controls unless mandatory law requires otherwise.

3. Prices, payment and refunds

The total displayed at checkout, including any applicable indirect taxes, applies. Where local currency conversion is offered, the checkout amount controls. A one-time price does not create a subscription.

Payment, receipts, invoices, refunds and transaction-related questions are handled under the procedures shown by Stripe/Link at checkout. No statutory consumer withdrawal right applies to these business-only transactions. Refunds are issued only where legally required, under applicable checkout terms or as an express goodwill decision.

4. Digital delivery and download

Delivery is digital only. Following confirmed payment, the customer receives a time-limited download. The customer must promptly download and securely retain the package and, where provided, verify its integrity using the checksum.

AZ-FIVE may withhold delivery while payment is unconfirmed, reversed or reasonably suspected to be abusive. If a technical fault prevents delivery, AZ-FIVE will provide a replacement download after verification. No future version is included unless expressly stated.

5. Licence

After full payment, each purchased licence gives the customer a non-exclusive, perpetual and non-transferable right to install and use the relevant MicroTool for one production installation operated by the purchasing legal entity.

Development and staging copies are permitted only to prepare or test that same licensed production installation and must not be offered as separate live services. Employees and contractors may use the software solely for the customer and under appropriate confidentiality obligations.

The customer may modify source code for its own internal operation. Changes are made at the customer’s risk; support for modified code is not included unless separately agreed.

The customer must not resell, sublicense, rent, publish, distribute or give away the software or source code; place it in a public repository; remove ownership notices; offer it as a competing source-code product; or use one licence for multiple businesses or unrelated production installations. Service providers need a separate licence for each customer installation unless agreed otherwise in writing.

6. Installation, operation and customer duties

The MicroTools are self-hosted. The customer is responsible for suitable infrastructure, secure installation, access controls, runtime updates, backups, tested recovery, logging, privacy notices, retention periods and lawful processing of its own data.

Before production use, the customer must test the software in its actual environment. Credentials and source code must be protected against unauthorised access, and security guidance supplied with the product must be followed.

The software must not be used unlawfully, to infringe third-party rights or in safety-critical areas where a failure could cause death, personal injury or substantial property or environmental damage without suitable additional safeguards.

The customer indemnifies AZ-FIVE against substantiated third-party claims caused by the customer’s culpable unlawful use, unlawful content or culpable breach of these duties. This includes reasonable and necessary defence costs. AZ-FIVE will promptly notify the customer and coordinate material defence steps.

7. Support, maintenance and updates

Only support expressly described on the product page or in a separate agreement is included. Without such an agreement, there is no 24/7 support, fixed response or recovery time, custom installation, ongoing administration, future feature commitment or lifetime update promise.

Security and defect fixes may be released as updated versions. The customer is responsible for testing and installing them. Custom development requires a separate quote.

8. Defect rights

AZ-FIVE warrants that, when provided, the software materially conforms to the agreed product description. Minor deviations, unsupported environments and errors caused by customer changes, misconfiguration, third-party software, malware or improper use are not defects attributable to AZ-FIVE.

The customer must report a reproducible defect in text form with the information required to investigate it and first allow a reasonable opportunity to cure. AZ-FIVE may repair the defect or provide a defect-free version. Statutory remedies apply if cure finally fails.

Where both parties enter into a commercial transaction within the meaning of German commercial law, the inspection and notification duties in section 377 of the German Commercial Code apply. Defect claims expire twelve months after delivery, except in cases of fraudulent concealment, an express guarantee or mandatory longer limitation periods.

9. Liability

Unlimited liability: AZ-FIVE has unlimited liability for intent and gross negligence; death, personal injury or damage to health; liability under the German Product Liability Act; fraudulent concealment; an expressly assumed guarantee; and any other liability that cannot lawfully be limited.

Ordinary negligence: For an ordinarily negligent breach of a material contractual obligation whose fulfilment is essential to proper performance and on which the customer may normally rely, AZ-FIVE is liable only for damage that was typical and foreseeable when the contract was made. Liability for other ordinary negligence is excluded.

Data loss: For data loss caused by ordinary negligence, liability is limited to the typical recovery cost that would have arisen if the customer had maintained and tested appropriate, risk-based backups. The customer remains responsible for backups and recovery tests.

To the extent permitted by law, liability for indirect or consequential loss, lost profits, lost savings and business interruption is excluded unless covered by unlimited liability above or caused by breach of a material contractual obligation. These limitations also protect AZ-FIVE’s employees, legal representatives and agents.

10. Third-party rights and open-source components

All rights not expressly granted remain with AZ-FIVE or the respective owners. 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 control the defence. For a substantiated claim, AZ-FIVE may obtain the necessary rights, replace the affected component or unwind the transaction for the affected product.

11. Term and termination

The licence is generally perpetual. AZ-FIVE may terminate it for material breach after a reasonable cure period has expired or where cure cannot reasonably be expected.

After effective termination, the customer must stop using and delete all copies unless mandatory retention law requires otherwise. Statutory claims and liability provisions remain unaffected.

12. Availability, export control and general terms

AZ-FIVE is not liable for delay caused by events outside its reasonable control, including public network outages, government action, natural events, war, industrial action or failure of a required payment service. Due payment obligations and mandatory cure obligations remain unaffected.

The customer must comply with applicable export-control, sanctions and foreign-trade rules. AZ-FIVE is not required to perform where doing so would be unlawful.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where legally permitted and the customer is a merchant or equivalent public-law entity, the exclusive venue is AZ-FIVE’s registered place of business. Mandatory venues remain unaffected.

If a provision is invalid, the remaining terms continue to apply and statutory rules replace the invalid provision. Individual changes must be made at least in text form unless stricter form is required by law.