Table of contents
01Scope & contracting party
By purchasing a subscription or a self-hosted license to the PixAgentur branch software via PixAgentur Shop, the operator (Sven Gauditz, PixAgentur, Ringstr. 3, 24321 Behrensdorf, Germany, hallo@pixagentur.com) grants you the right of use described below. Copyright and other intellectual property rights in the software remain with the operator. You do not acquire ownership of the software, but only the rights of use described here.
02Usage models
Depending on the product page, you can choose between the following usage models:
Subscription (SaaS, hosted)
Simple, non-exclusive, non-transferable right to use the instance hosted by us for the duration of the respective subscription term booked. The right of use is limited to the one agreed instance operated under the customer’s white label and ends automatically upon termination of the subscription.
License for self-hosted operation
With the one-time purchase of a license for self-hosted operation, you receive a perpetual, simple, non-exclusive and non-transferable right to use the purchased instance for operation on your own or independently chosen infrastructure.
In both models, white-label use is permitted, i.e. presenting the software under the customer’s own brand, logo and domain. The activation scope, update period and support period stated on the product page at the time of purchase are always decisive.
03Scope of license & permitted use
You may use the software within the scope of the chosen usage model for your own operation or for a client business you manage, adapt it under white label (brand, logo, colours, domain) and – for a license for self-hosted operation – adapt the source code for your own purposes within the purchased instance. Your mandatory statutory rights – in particular to make a backup copy and to correct errors (§§ 69d, 69e UrhG) – remain unaffected.
Resale, transfer, rental or sublicensing of the software, the instance, the license key or the source code to third parties is not permitted (see “Prohibited use” below).
04License key & activation
A unique, cryptographically signed license key is generated with each purchase. Upon activation, the software checks the key against our license interface and binds the activation to an installation identifier (derived from the domain/URL of the installation). Responses from the interface are cryptographically signed (Ed25519) so that they cannot be forged.
The license key applies to the one agreed installation or operation and is bound to that domain. If you wish to move an installation to a different domain, the previous activation can be released – on request via hallo@pixagentur.com or, where available, in your customer account. The license key must be kept confidential and must not be passed on to third parties. The privacy policy describes which data is transmitted during license verification.
05Updates & update window
Within a subscription, you receive ongoing software updates for as long as the subscription is active. For a license for self-hosted operation, updates are available to you free of charge within the update window stated on the product page via the license interface; updated packages are provided as signed, time-limited download links.
The statutory update obligation towards consumers (§ 327f BGB) remains fully in force: for the period you can reasonably expect given the nature and purpose of the software, we provide the updates required to maintain conformity – including security-relevant updates. After the update window of a purchased license expires, you may continue to use the most recently obtained version permanently; there is then no entitlement to new feature updates.
06Support
Within an active subscription, support is included to the extent described on the product page. For a license for self-hosted operation, the purchase includes – unless stated otherwise on the product page – a support period from the date of purchase of the length stated there. Support covers the correction of errors and questions about the intended use of the software. Individual customisations, third-party software issues or errors resulting from improper modifications are not covered by support.
07Prohibited use
Without the prior written consent of the operator, the following is prohibited in particular:
- reselling, passing on, renting, lending or sublicensing the software, the instance or the license key to third parties;
- passing on or publishing the source code, including as part of another product;
- removing, altering or obscuring copyright notices, license notices or protection mechanisms;
- circumventing, manipulating or disabling the license check for the purpose of use beyond the license purchased, as well as generating or using unauthorised license keys.
If you are interested in transferring the license or the instance to third parties, please contact hallo@pixagentur.com in advance – we will then review a separate, written arrangement on a case-by-case basis.
08Copyright & ownership
All rights to the software, in particular copyright and other intellectual property rights in the source code, texts, graphics and design, remain with the operator or its licensors. These licensing terms grant you only the rights of use expressly mentioned; all rights not expressly granted are reserved.
09Third-party & open-source components
The software may contain third-party components or open-source software that is subject to its own license terms. Insofar as such components are included, we indicate this within the software (e.g. in a license or notice file); their terms take precedence for the components concerned.
10Warranty & liability
The statutory provisions and the rules in the GTC (sections “Warranty for defects” and “Liability”) apply to defects in the software and to liability. We recommend creating a backup before updating a self-hosted installation.
11Suspension on payment default & cancellation
In the event of significant payment default, after prior reminder with a reasonable grace period, we are entitled to temporarily suspend access to a hosted subscription until the outstanding amount has been settled. For a self-hosted license, in this case the activation via the license interface can be blocked, so that updates and further activation are no longer possible; the version already installed is technically unaffected by this.
Upon termination of a subscription (cancellation, non-renewal or extraordinary termination), the associated right of use also ends; access to the hosted instance is discontinued. Retention of instance data beyond any data export after the end of the contract only takes place insofar as legally required or separately agreed.
12Termination of the license
The right of use ends automatically if you materially breach these licensing terms – in particular in the event of unauthorised distribution or circumvention of the license check. In this case, you must cease further use of the software and delete existing copies. Statutory rights and claims, e.g. for damages, remain unaffected.
13Changes
For licenses already purchased and ongoing subscriptions, the terms agreed at the time of purchase or conclusion of the contract continue to apply. We may adjust these licensing terms for future purchases; the version published at the time of purchase is decisive.