General Terms and Conditions (GTC)
As of: September 2026
This version applies to orders placed on or after 15 September 2026. Contracts concluded before that date are governed by the version transmitted to the Customer when the contract was concluded.
Section 1 – Scope and Provider
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded via the online store at store.juergenkoller.software (hereinafter “Store”) between
Jürgen Koller Software GmbH
Wilhelmstr. 5
74072 Heilbronn
Germany
Email: info@juergenkoller.software
Email for withdrawal declarations and complaints: support@juergenkoller.software
Phone: +49 7131 9244166
Commercial Register: HRB 765195, Stuttgart District Court
Managing Director: Jürgen Koller
(hereinafter “Provider”) and the customer (hereinafter “Customer”).
(2) These GTC apply to both consumers and business customers, unless expressly stated otherwise. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
(3) Deviating or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing.
(4) The terms of use displayed within the respective App govern exclusively the use of the software. The acquisition of the App is governed exclusively by these GTC, or, where the App is acquired via the Mac App Store, by Apple’s terms. Insofar as the in-app terms of use contain provisions on acquisition, on the right of withdrawal, on liability for defects or on pricing, these GTC shall prevail.
(5) The Customer may address complaints to support@juergenkoller.software or to the postal address stated in paragraph 1. The Provider confirms receipt of a complaint within five working days and answers it without undue delay.
Section 2 – Subject Matter
(1) The subject matter of contracts concluded via the Store is the provision of digital products within the meaning of Sections 327 et seq. BGB, in particular software applications (hereinafter “Apps”) for the macOS and iOS operating systems.
(2) The Store offers both free and paid Apps. The essential characteristics, the functionality including any applicable technical protection measures, and the system requirements (compatibility and interoperability) of each App are set out in the product description in the Store. Technical protection measures that restrict the use of the App are additionally described in Section 7.
(3) Where an App is acquired via the Apple App Store or the Mac App Store, the contract of sale for the App is concluded not with the Provider but with Apple. That acquisition is governed exclusively by Apple’s terms; Apple handles payment, receipt and refunds. These GTC do not apply to acquisitions via the Apple App Store. The Provider’s obligations as the producer of the digital product remain unaffected.
(4) For paid Apps, the Provider may offer a free trial version. The trial phase is divided into a first stage, which may be used without providing any personal data, and a second stage, for which the Customer requests a trial licence key and provides an email address for that purpose. The duration of both stages is set out in the product description. For FreezeText it is five days without registration and a further 14 days with a trial licence key. These periods form part of the contract; the Provider may not shorten them retroactively for trial phases that have already begun.
Section 3 – Conclusion of Contract
(1) The presentation of Apps in the Store does not constitute a binding offer but an invitation to submit an offer (invitatio ad offerendum).
(2) Paid Apps: The ordering process is completed on an order summary page in the Store. Immediately above the order button, the Customer is shown, in a clear, comprehensible and prominent manner, the essential characteristics of the App, the total price including value-added tax and any further costs. By clicking the “Order with obligation to pay” button, the Customer submits a binding offer to purchase. The contract is concluded when the Provider accepts the offer; acceptance is effected by the collection of the payment. The contract is therefore concluded once the payment process has been completed successfully; the confirmation under paragraph 8 documents the conclusion of the contract and is not itself the acceptance. If the Customer abandons the payment process, no contract is concluded. The processing of the payment by the payment service provider does not form part of the submission of the order.
(3) Free Apps: For free Apps, the usage contract is concluded upon download or redirection to the Apple App Store.
(4) Registration: Where registration for a user account is required, a usage contract for the account functions is concluded upon completion of registration. The Customer is obligated to provide truthful information and to keep their access credentials confidential.
(5) The Provider stores the contract text, including the declarations made by the Customer when placing the order, and transmits it to the Customer without undue delay after conclusion of the contract, together with the statutory mandatory information, by email on a durable medium. The contract text consists of the order data, these GTC in the version applicable when the contract was concluded, the withdrawal policy and the separate declarations made by the Customer during the ordering process. Customers with a user account may additionally retrieve the contract text at any time in their account under “My Orders”. Customers who have ordered as a guest may request the contract text again by quoting the order number stated in the confirmation email. The Customer may also print or electronically save the contract content before submitting the order.
(6) Technical steps for contract conclusion: The Customer may order paid Apps in two ways.
a) Direct order: 1. clicking “Buy Now” on the product page; 2. logging in, registering or continuing as a guest; 3. order summary with the information and declarations under letter c; 4. binding order by clicking “Order with obligation to pay”; 5. payment via the payment service provider under Section 4(2).
b) Order via the shopping cart: 1. clicking “Add to Cart”; 2. review of the shopping cart with the option to modify or remove products; 3. clicking “Proceed to Checkout” and logging in, registering or continuing as a guest; 4. order summary with the information and declarations under letter c; 5. binding order by clicking “Order with obligation to pay”; 6. payment via the payment service provider under Section 4(2).
c) The order summary states the essential characteristics of the App, the total price including value-added tax and the email address to which the licence key will be sent. There the Customer submits, by way of separate check boxes that are not pre-ticked, the confirmation relating to these GTC and the withdrawal policy, the declarations under Section 8(3) and the separate agreement under Section 7(1).
(7) Correction options: The Customer may review and correct their entries at any time before submitting the binding order. All details are summarised on the order summary page; individual details may be changed there and the order may be cancelled. Data entered may be corrected using standard keyboard and mouse functions until the ordering process is completed by clicking the “Order with obligation to pay” button.
(8) Confirmation: Without undue delay after conclusion of the contract, and in any event before the provision of the digital content begins, the Provider transmits to the Customer an email on a durable medium. That single message is both the acknowledgement of receipt of the order and the confirmation of the contract; no separate acknowledgement of receipt is sent before payment, because until then no contract has been concluded. It reproduces the content of the contract. It also records that the Customer, before performance of the contract, expressly consented to the Provider beginning performance of the contract before expiry of the withdrawal period and confirmed their awareness that they thereby lose their right of withdrawal. The separate agreement under Section 7(1) is likewise recorded.
Section 4 – Prices and Payment
(1) All prices stated in the Store are total prices in euros. They include the applicable value-added tax and all other price components. The total price stated applies uniformly to all orders placed by consumers resident in the European Union. It does not change because the rate of value-added tax depends on the Customer’s residence or habitual abode; a higher or lower tax rate affects the Provider’s share of the total price only. No further costs arise. Costs charged to the Customer by the Customer’s own payment service provider, in particular fees for currency conversion or cross-border payments, do not form part of the total price and are borne by the Customer.
(2) Payment is processed via the payment service provider Stripe. The available payment methods are displayed to the Customer at the latest at the beginning of the ordering process. The Provider delivers worldwide; no delivery restrictions exist. The payment page of the payment service provider serves exclusively to process the payment; the contract with the Provider is already concluded in accordance with Section 3(2).
(3) The purchase price is due immediately upon placing the order.
(4) The Provider reserves the right to change prices for products not yet ordered at any time. For orders already placed, the price displayed at the time of the order applies.
(5) The Provider makes available to the Customer a receipt in text form for every order and transmits it by email together with the contract confirmation under Section 3(8). Customers who are traders and who stated a VAT identification number during the ordering process receive an invoice on request.
Section 5 – Provision of Digital Products
(1) The provision of digital products takes place via one of the following methods, depending on the App:
- Direct download: Via a download link in the Store.
- Apple App Store: Via redirection to the Apple App Store (iOS) or Mac App Store (macOS).
(2) Provision takes place without undue delay after conclusion of the contract, for paid Apps after receipt of payment, as a rule within a few minutes and no later than within 24 hours. If provision does not take place, the Customer may assert the rights under Section 327c of the German Civil Code (BGB).
(3) For Apps provided via the Apple App Store, the Provider assumes no responsibility for the availability or technical functionality of the Apple App Store.
(4) Paid Apps are provided with a licence key. The Provider transmits the licence key without undue delay after conclusion of the contract and receipt of payment by email to the address given by the Customer during the ordering process. An internet connection is required for the initial activation of the licence key on a device. The details of activation and of the recurring licence check are governed by Section 7.
Section 6 – Usage Rights and Licence
(1) Upon provision of the App, the Provider grants the Customer a simple (non-exclusive), perpetual right to use the software.
(2) The right of use includes the installation and use of the App for private and commercial purposes. For licences acquired via the Store, the Customer may activate the App simultaneously on at least ten (10) devices used by the Customer. The Customer may release an activation from a device at any time and transfer it to another device; such transfer is free of charge and unlimited in number. The figure of ten devices is a minimum; the Provider may not reduce it for licences already granted. A higher number of devices that may be used simultaneously applies if it is stated expressly, separately and prominently in the product description of the App concerned; in all other respects sentence 2 applies. For licences acquired via the Mac App Store, sentence 2 does not apply; there the number of devices that may be used simultaneously is governed by Apple’s terms (Section 2(3)).
(3) The Customer is not entitled to reproduce the App (beyond its intended use), decompile, disassemble, or otherwise reverse-engineer the source code, unless expressly permitted by law (Sections 69d, 69e of the German Copyright Act).
(4) Transfer of the software to third parties is only permitted together with the complete transfer of all usage rights and the complete cessation of the Customer’s own use.
Section 7 – Licence Verification and Device Activation
(1) Separate agreement under Section 327h of the German Civil Code (BGB). Four characteristics deviate from the objective requirements that a digital product must meet under Section 327e(3) BGB: the number of devices that may be activated simultaneously under Section 6(2), the check over the internet under paragraph 4, the minimum version under paragraph 5 and the discontinuation of the product under paragraph 6. These characteristics apply only if the Customer was specifically informed of them before submitting their contractual declaration and if the deviation was expressly and separately agreed in the contract. Section 327h BGB permits a deviation from the objective requirements only where both of these conditions are met. This clause does not replace that separate agreement. The Provider obtains it during the ordering process by way of a separate check box that is not pre-ticked and records it in the contract confirmation under Section 3(8). If that confirmation is absent, the objective requirements apply without the restrictions referred to. Paragraph 3 does not describe a deviation but the data processing; it is not the subject matter of the separate agreement.
(2) Device activation. The licence key is activated on the Customer’s device. For activation, the App transmits the licence key, a device identifier, a designation of the device, the device type and the program version to the Provider’s licence server. The number of devices that may be activated simultaneously follows from Section 6(2).
(3) Recurring licence check and product status. After activation, the App checks the licence status at recurring intervals, as a rule when the program is started. In doing so it transmits the product identifier, the licence key and the device identifier. In addition, the App retrieves the status of the product on launch, at most once every 24 hours. Which data are transmitted in detail, and for how long they are stored, is set out in the Privacy Policy.
(4) Check over the internet. FreezeText has to check your licence regularly. For that it needs an internet connection at least every 21 days. If that connection is missing for longer — for whatever reason, including our server being unreachable — the capture function switches off until the check succeeds again. During that time your history remains readable and exportable and your licence remains in existence; it revives with the next successful check without any action on your part. If the licence server is unreachable over a longer period for reasons for which the Provider is responsible, the digital product is defective to that extent; the Customer’s rights under Sections 327d et seq. BGB remain unaffected. The agreement under paragraph 1 covers the way the check works, not a failure in performance by the Provider.
(5) Minimum version. The Provider may specify a minimum version for the operation of the App in order to close security vulnerabilities. Against a licence purchased and activated by the Customer, such a specification takes effect at the earliest 30 days after the App has learned of it; within that period the App notifies the Customer of the forthcoming effect and of the successor version available. The Provider makes the successor version available free of charge; it runs on the minimum system requirement stated when the contract was concluded. In the free trial phase under Section 2(4) the specification takes effect at once.
(6) Discontinuation of the product. The Provider may discontinue the distribution and further development of the App and deactivate the product on the server side. Against a licence purchased and activated, a server-side deactivation takes effect at the earliest 30 days after the App has learned of it; paragraph 5 sentence 2 applies accordingly. The Provider informs the Customer of the discontinuation on a durable medium. If the Provider discontinues operation permanently, the Customer receives, in good time and free of charge, a version whose use no longer requires the check under paragraph 4.
(7) Updates are free of charge. Updates to the App, including the successor versions, are free of charge for the Customer. The Provider does not make continued use dependent on the acquisition of a further licence.
(8) Mac App Store. Paragraphs 3 to 6 do not apply to licences acquired through the Mac App Store. As against the holder of such a licence, the App retrieves no product status; a check under paragraph 4, a minimum version under paragraph 5 and a server-side deactivation under paragraph 6 do not take place as against them. During the free trial phase under Section 2(4), by contrast, paragraphs 3 to 6 do apply in the Mac App Store as well.
Section 8 – Right of Withdrawal
Withdrawal Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us
Jürgen Koller Software GmbH
Wilhelmstr. 5
74072 Heilbronn
Germany
Phone: +49 7131 9244166
Email: support@juergenkoller.software
by means of an unequivocal statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Premature Expiry of the Right of Withdrawal for Digital Content
(3) In the case of contracts for the supply of digital content not supplied on a tangible medium which oblige the Customer to pay a price, the right of withdrawal expires if
- a) the Provider has begun to perform the contract,
- b) the Customer has expressly consented to the Provider beginning performance of the contract before the expiry of the withdrawal period,
- c) the Customer has confirmed their awareness that, by consenting under letter b, their right of withdrawal expires once performance of the contract begins, and
- d) the Provider has provided the Customer with a confirmation of the contract in accordance with Section 312f of the German Civil Code (BGB) (Section 3(8) sentences 3 and 4)
(Section 356(6) no. 2 BGB, which sets out these four cumulative conditions for digital content). The Customer submits the declarations under letters b and c during the ordering process by way of separate check boxes that are not pre-ticked; they are recorded in the contract confirmation under Section 3(8). If any of the conditions under letters a to d is not met, the right of withdrawal does not expire prematurely.
(4) Free Apps and trial versions. If the Customer undertakes neither to pay a price nor to provide personal data, there is no right of withdrawal. If, on the other hand, the Customer provides personal data or undertakes to do so – for instance by giving an email address in order to receive a trial licence key under Section 2(4) – the Customer has a right of withdrawal. That right expires as soon as the Provider has begun to perform the contract (Section 356(6) no. 1 BGB, which governs contracts without an obligation to pay a price). The section “Withdrawal Policy” applies accordingly, with the proviso that a price is not to be reimbursed.
Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To:
Jürgen Koller Software GmbH
Wilhelmstr. 5
74072 Heilbronn
Germany
Email: support@juergenkoller.software
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following digital content:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Section 9 – Warranty and Updates
(1) The statutory warranty rights pursuant to Sections 327d et seq. BGB for contracts on digital products apply.
(2) The Provider warrants that, at the time of provision, the App meets the subjective (contractually agreed) and objective (usually expected) requirements and is free from product defects. The usual characteristics also include requirements that the Customer may expect on the basis of public statements made by the Provider, in particular in advertising (Section 327e(3) sentence 2 of the German Civil Code (BGB)).
(3) Reversal of the burden of proof: If, within one year of its provision, the App shows a state that deviates from the requirements under Section 327e BGB, it is presumed that the App was already defective at the time of provision (Section 327k(1) BGB, which governs the reversal of the burden of proof; subsequent performance is governed by Section 327l BGB). The presumption does not apply if the Customer’s digital environment was not compatible with the technical requirements of the App at the relevant time; those technical requirements are set out in the product description in the Store (Section 327k(3) no. 1, (4) no. 1 BGB).
(4) Update obligation (Section 327f BGB): The Provider provides the Customer with the updates that are necessary to maintain the conformity of the App with the contract, including security updates, and informs the Customer about those updates. The relevant period is at least 36 months from provision; a longer period that the Customer may expect on the basis of the type and purpose of the App and taking into account the circumstances and the nature of the contract remains unaffected (Section 327f(1) sentence 3 no. 2 BGB). Updates within that period are free of charge for the Customer. If the Customer fails to install an update provided within a reasonable period, the Provider is not liable for a product defect that is attributable solely to the absence of that update, provided that the Provider informed the Customer of the availability of the update and of the consequences of failing to install it, and provided that the failure to install it, or its incorrect installation, is not attributable to defective installation instructions (Section 327f(2) BGB).
(5) The warranty rights of the Customer cannot be restricted vis-à-vis consumers by GTC (Section 327s BGB).
(6) The App is provided on a single occasion. Continuous provision over a period of time is neither owed nor agreed. After activation, the usability of the App does not depend on the continued availability of the Provider’s servers (Section 7(4)).
(7) Changes to the App that go beyond what is necessary to maintain conformity with the contract and that adversely affect the Customer’s access to the App or its usability are made by the Provider – even where Section 327r BGB does not apply directly to the contract – only if the Provider informs the Customer, on a durable medium and within a reasonable period before the time of the change, of the features and the time of the change. If such a change adversely affects access or usability more than merely insignificantly, the Customer may terminate the contract free of charge within 30 days of receipt of that information, unless access to, and usability of, the unchanged App remain available to the Customer at no additional cost.
Section 10 – Limitation of Liability
(1) The Provider shall be liable without limitation for damages arising from injury to life, body, or health based on an intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents.
(2) The Provider shall be liable without limitation for other damages based on an intentional or grossly negligent breach of duty by the Provider or its legal representatives or vicarious agents.
(3) In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the Provider’s liability is limited to the foreseeable, contract-typical damage. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.
(4) Otherwise, the Provider’s liability for damages caused by slight negligence is excluded.
(5) The above limitations of liability do not apply to claims under the Product Liability Act or in the case of an assumed guarantee.
(6) The Customer’s rights in the event of product defects under Sections 327i et seq. BGB, in particular to subsequent performance, price reduction and termination of the contract, remain unaffected by the above limitations of liability. The Customer’s rights in the event of a failure to provide the App under Section 327c BGB likewise remain unaffected.
Section 11 – Data Protection
(1) For information on the processing of personal data, please refer to our Privacy Policy.
(2) The Privacy Policy provides information in particular on the processing carried out in connection with the handling of payments by the payment service provider, on the processing carried out in connection with requesting a trial version, with licence activation and with the recurring licence check under Section 7, and on the storage of information on the Customer’s terminal equipment.
Section 12 – Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer, the mandatory consumer protection provisions of the state in which the Customer has their habitual residence shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Heilbronn.
(3) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The online dispute resolution platform operated by the European Commission was discontinued on 20 July 2025. The European Commission provides a directory of the consumer dispute resolution bodies in the Member States of the European Union at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.
(4) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
(5) The contract may be concluded in German or in English. The language version in which the Customer completed the ordering process is authoritative. The Provider keeps these GTC available in both language versions at juergenkoller.software/agb.html and juergenkoller.software/en/terms.html. Where the language versions diverge, the German version is authoritative for the interpretation of the withdrawal policy, because that version corresponds to the statutory model; in all other respects the language version in which the contract was concluded applies.