As of October 29, 2026<\/em><\/p>\n\n\n\n The provider of the \u201efsXmonitor\u201c software (hereinafter \u201eSoftware\u201c) is:<\/p>\n\n\n\n Thomas K\u00f6tzing Pfarrer-Reis-Str. 2, 91077 Hetzles, Germany Email: Thomas@KoetzingIT.de VAT ID No.: DE 22 58 98 722<\/p>\n\n\n\n (hereinafter \u201eProvider\u201c).<\/p>\n\n\n\n These Terms and Conditions apply to the provision, licensing, and use of the software, as well as to all related services. They apply to both consumers and businesses. Any deviating terms and conditions provided by the customer shall only be effective if the provider expressly agrees to them in writing.<\/p>\n\n\n\n Sales, order processing, invoicing, and payment processing are handled by our authorized reseller Paddle.com Market Ltd.<\/strong> as the \u201eMerchant of Record.\u201c Paddle is therefore the customer\u2019s contractual partner for the purchase transaction, issues the invoice, and remits the applicable sales tax.<\/p>\n\n\n\n The current Paddle Buyer\/Checkout Terms and Conditions also apply to the purchase process. These Terms and Conditions govern the right to use the software between the Provider and the Customer.<\/p>\n\n\n\n fsXmonitor is a downloadable Windows software program for IT administrators and consultants designed to monitor the Microsoft FSLogix profile solution with detailed reports.<\/p>\n\n\n\n The specific scope of functionality is set forth in the currently valid product description on the website and in the documentation. The provider continuously develops the software and may modify or add features, provided that such changes do not significantly restrict the use of the software as specified in the contract.<\/p>\n\n\n\n Upon full payment, the customer receives a simple, non-exclusive, non-transferable right to use the software in accordance with the purchased license model (e.g., per user, limited to 250 users).<\/p>\n\n\n\n In particular, the following are not permitted: the transfer, renting, or sublicensing the license key to third parties; circumventing technical protection measures; and decompiling or reverse engineering the software, unless expressly permitted by mandatory law (Section 69e of the German Copyright Act (UrhG)).<\/p>\n\n\n\n All rights to the software, including copyrights, trademarks, and other intellectual property rights, remain with the provider.<\/p>\n\n\n\n The prices displayed at checkout at the time of the order, including applicable sales tax, apply. Payment is processed through Paddle using the payment methods offered there.<\/p>\n\n\n\n The license is renewed not<\/strong> It is automatically renewed and must be purchased anew each year. Details regarding the term (standard: 12 months) and cancellation are specified in the selected plan and the Paddle Terms and Conditions.<\/p>\n\n\n\n Once payment has been successfully processed, the provider will make the software available for download and send the license key via email to the address provided by the customer. The customer is required to keep the license key confidential.<\/p>\n\n\n\n Consumers have a statutory right of withdrawal; the details are set forth in the separate Right of Withdrawal Policy<\/a>. For digital content that is not delivered on a physical medium, the right of withdrawal expires prematurely under the conditions set forth in \u00a7 356(5) of the German Civil Code (BGB) (see Right of Withdrawal Policy<\/a>).<\/p>\n\n\n\n Businesses (purchases made for commercial or self-employed professional purposes) are not entitled to a statutory right of withdrawal.<\/p>\n\n\n\n The statutory warranty provisions apply. The provider warrants that, upon delivery, the software will substantially conform to the applicable product description. The customer acknowledges that, given the current state of technology, software cannot be created without any errors.<\/p>\n\n\n\n The Provider bears unlimited liability in cases of willful misconduct and gross negligence, as well as in cases of injury to life, body, or health. In cases of simple negligence, the Provider is liable only for a breach of a material contractual obligation (cardinal obligation) and only to the extent of foreseeable damages typical for this type of contract. Otherwise, liability is excluded. Liability under the Product Liability Act remains unaffected.<\/p>\n\n\n\n The customer is responsible for regularly backing up their own data.<\/p>\n\n\n\n fsXmonitor does not require a subscription and automatically expires after 12 months. Therefore, cancellation is not necessary.<\/p>\n\n\n\n1. Provider and Scope of Application<\/h2>\n\n\n\n
2. Sales and payment processing via Paddle (Merchant of Record)<\/h2>\n\n\n\n
3. Subject Matter of the Contract \/ Description of Services<\/h2>\n\n\n\n
4. License and Rights of Use<\/h2>\n\n\n\n
5. Prices and Payment<\/h2>\n\n\n\n
6. Provision, Download, and License Key<\/h2>\n\n\n\n
7. Right of Withdrawal<\/h2>\n\n\n\n
8. Warranty \/ Defects<\/h2>\n\n\n\n
9. Liability<\/h2>\n\n\n\n
10. Term and Termination (for Subscriptions)<\/h2>\n\n\n\n
11. Data Protection<\/h2>\n\n\n\n