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Applicability and contracting party
a.) These general terms and conditions govern the entire contractual relationship between ProjectWizards GmbH and Clients who obtain software-products („software“) from ProjectWizards or via an authorized sales channel (in particular the Apple App Store or Setapp). The software is provided for a limited period of time, either under a subscription or a fixed-term license (continuing obligation); it is not provided for an unlimited period.
The offer is mainly directed at businesses as defined in Section 14 German Civil Code (BGB). Where, by way of exception, a consumer within the meaning of Section 13 German Civil Code (BGB) becomes the contracting party, the mandatory statutory provisions protecting consumers remain unaffected.
b.) Contracting Party is:
ProjectWizards GmbH
Lichtenrader Straße 11
49324 Melle
GermanyProjectWizards GmbH is in short referred to as “ProjectWizards” in the following.
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Granting of Rights of Use
a.) Subject to the condition of contractual payment of the respective due license or subscription fee, ProjectWizards grants the Client a non-exclusive (basic), restricted, non-transferable, non-sublicensable right, which is unlimited in geographical reach and limited in time to the duration of the subscription or the fixed-term license, to install and use the software in the form it was delivered by ProjectWizards for the contractually intended use on the number of devices provided for the respective sales channel. In direct sales via the PW Store version, use in a single subscription is limited to up to two of the Client's devices, unless specified otherwise in the product description; simultaneous editing of documents on both devices is not possible, as active use of the license on one device places the other device in read-only mode. Simultaneous use requires an additional license. When acquired via the Apple App Store, the number of usable devices is governed by Apple's Usage Rules; when acquired via Setapp, by its terms. Upon termination of the subscription or expiry of the fixed-term license, the right of use ends.
b.) Subject to Sections 69c Nr. 3 Sentence 2 and 69d para. 2 and 3 German Copyright Act (UrhG), the Client is granted no further or additional rights. Where this would exceed the contractually intended use, the Client is especially not entitled to duplicate, rent, lease, translate, edit or otherwise alter the software in whole or in part, to grant a sublicense or otherwise make such software available to third parties without authority.
c.) Moreover, the Client is not permitted to reverse engineer, decompile or disassemble the software, except were this is permitted by Section 69e German Copyright Act.
d.) ProjectWizards exclusively holds all rights to the source code. The Client is not entitled whatsoever to access the source code.
e.) As long as and as far as the Client uses the software during the free trial period, the rights granted by ProjectWizards under Sec. 2.a are restricted to such trial use as an independent type of use. The Client unlocks the entire range of functions by concluding a subscription or a fixed-term license. The unlock is effected via the login (email and password) defined upon conclusion of the contract. In direct sales via the PW Store version (download via https://www.projectwizards.net/en, billing via Paddle), a license code is additionally provided, which serves in particular to unlock further devices or team workplaces; such license code may only be transferred within the scope of Section 69c Nr. 3 Sentence 2 German Copyright Act. When acquired via the Apple App Store or Setapp, the entire range of functions is unlocked through the subscription concluded there; a license code is not used in that case.
f.) The Client grants ProjectWizards the non-exclusive, worldwide and perpetual right, revocable at any time, to name the Client as a reference customer and to use the Client's name and logo for marketing and promotional purposes, in particular on the ProjectWizards website as well as in presentations and other business materials. Such use will be made solely in a factual manner and must not impair the Client's legitimate reputation. The Client may object to such use at any time with effect for the future, in text form (e.g. by email) addressed to ProjectWizards. Upon receipt of the objection, ProjectWizards will remove the reference from its website within a reasonable period and will not use it for new materials.
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Updates and Improvements
Where ProjectWizards provides the Client with updates and improvements to the software during the term of the subscription or the fixed-term license, the granting of rights pursuant to Sec. 2, including all its restrictions, also applies to these.
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Consequences of Reversal
If the Client makes use of a “Money Back Guarantee” or another right to reverse the contract for the software, the rights of use granted under this contract end when the reversal takes effect. Termination by expiry, cancellation or non-renewal is governed by Sec. 10.
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Obligations of the Client
a.) The Client will pay the remuneration for the licensing of the software and the granting of rights as stipulated by Sec. 6.
b.) The Client will inform and familiarize himself with the essential functional characteristics and system requirements of the software prior to the conclusion of the contract and will examine the software for usability and potential defects in the configuration of hard- and software prior to its productive use. Section 377 German Commercial Code (HGB) remains unaffected.
c.) The Client adheres to the instructions for the installation and operation of the software given by ProjectWizards. ProjectWizards makes up-to-date instructions available on www.projectwizards.net.
d.) The Client takes adequate measures in case the software does not operate properly, in whole or in part, especially by creating regular and risk-appropriate security backups, to ensure reconstruction in case of data loss.
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Remuneration
a.) For the licensing and use of the software, the Client will pay the remuneration stipulated upon conclusion of the contract. The prices specified in direct sales to businesses are, unless otherwise agreed, net prices plus the applicable statutory value added tax (VAT). When acquired via Apple or Setapp, the respective end prices displayed there apply.
b.) The remuneration is due without deductions upon conclusion of the contract, unless deviating payment terms apply pursuant to Sec. 7.
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Settlement
Depending on the sales channel, the online order process is handled by Paddle.com Market Limited, Apple or Setapp Limited. In direct sales, Paddle is Merchant of Record and thus takes over the responsibility for the payment processing and the relations to the financial institutions; this includes ensuring compliance with tax, compliance and banking regulations as well as handling fraud and payment defaults. When acquired via the Apple App Store or Setapp, the process is handled by the respective provider in accordance with its terms.
Fixed-term licenses, in particular for larger numbers of workplaces (seats), may alternatively be invoiced directly by ProjectWizards; in this case the remuneration is payable in advance (prepayment) without deduction prior to provision of the licenses. The licenses are unlocked after receipt of full payment.
When acquired via the Apple App Store or Setapp, the respective provider's terms of use and contract additionally apply; conclusion of the contract, payment processing and refunds are governed by the terms of the respective provider. Any money-back guarantee is granted exclusively in direct sales via Paddle.
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Warranty
a.) ProjectWizards warrants the software in accordance with the applicable statutory rules and the following provisions.
b.) The Client shall document any potentially arising material defects in a manner that is comprehensible and, if possible, reproducible by ProjectWizards and notify ProjectWizards immediately after discovery of such defects. To a reasonable extent, the Client will provide ProjectWizards with all information needed by ProjectWizards to evaluate and remedy the defect. The Client is also obliged to contribute to the restriction and/or containment of defects.
c.) ProjectWizards will initially assume warranty by granting supplementary performance and, on its own discretion, either rectifies the defect or licenses the client a new software version which is free of defects. Provision of a workaround, which enables the Client to reasonably avoid the defect and use the software as contractually intended, is also considered rectification of the defect. The Client is obliged to take over a new software version, provided the contractually agreed condition is maintained.
d.) In the event the Client sets a time period for ProjectWizards to remedy defects, the Client is to immediately explain, after any effectless expiration of such time period, how to deal with the contract henceforth. If the Client does not render such explanation immediately, ProjectWizards will and is entitled to assume that the contract is to continue unchanged.
e.) If ProjectWizards renders services during troubleshooting without being legally required to, ProjectWizards may demand remuneration for the work performed on the basis of an hourly rate of EUR 175 plus statutory VAT. This shall apply in particular if a defect is either not verifiable or not attributable to ProjectWizards. The additional expenditure on part of ProjectWizards, which results from a breach of the Client’s duties as stipulated in Sec. 5, is also to be compensated.
f.) Where third parties allege claims preventing the Client from exercising his contractual Rights of Use, the Client immediately and in writing informs ProjectWizards and authorizes ProjectWizards to take actions against such third parties in and out of court on its own responsibility. In the event the Client gets sued, he will not acknowledge the claim brought against him and will make no declarations nor take any legal actions prior to or without consulting with ProjectWizards.
g.) The Client may only derive rights from any other breach of duty where he has alleged such breach towards ProjectWizards in writing and set a grace period for remedy. This does not apply as far as no remedy is available for reason of the nature of the breach of duty.
h.) The limitation period for warranty claims is 1 Year starting with the provision of the software. Insofar as the software is provided on an ongoing basis under a subscription or a fixed-term license, the statutory liability for defects remains unaffected for the duration of the provision. The same time period is applicable for all other claims against ProjectWizards. The statutory period of limitation applies for intent, gross negligence, fraudulent or malicious non-disclosure of a defect, personal injury, legal defects pursuant to Section 438 para. 1 Nr. 1a German Civil Code, guarantees which are expressly declared as such, or claims pursuant to the German Product Liability Act (ProdHaftG).
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Liability
a.) ProjectWizards shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
b.) In an event of slight negligence, ProjectWizards shall be liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely.
c.) In a case according to Sec. 9.b, ProjectWizards shall not be liable for any lack of commercial success, lost profits and indirect damages.
d.) Liability in accordance with the above Sec. 9.b shall be limited to the typical and foreseeable damages at the time this Agreement was concluded.
e.) The foreseeable damage is limited to the amount of the remuneration paid by the Client in the twelve months prior to the damaging event.
f.) Notwithstanding the other provisions of this Sec. 9, ProjectWizards is only liable for costs in connection with the recovery of lost data to the extent that such costs would also have incurred or been necessary in the event of correct data backup by the Client (Sec. 5.d).
g.) The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of ProjectWizards.
h.) Any potential liability on the part of ProjectWizards for any warranties and for claims based on the German Product Liability Act shall not be affected.
i.) In deviation from the foregoing provisions of this Sec. 9, ProjectWizards is only liable for errors or legal defects to updates and improvements to the software that do not constitute a rectification and were provided voluntarily and free of charge, if ProjectWizards maliciously withheld such error or defect.
j.) Any further liability is excluded.
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Term and Termination
a.) Unless otherwise specified, the subscription is automatically renewed for a further billing period after expiry of the respective billing period, unless it is terminated in due time. The Client may terminate the subscription at any time with effect from the end of the current billing period.
b.) Fixed-term licenses end upon expiry of the agreed term without the need for termination and must be concluded anew for any further use.
c.) Upon termination of the subscription or expiry of the fixed-term license, the right to use the full range of functions ends. The project data created by the Client is retained; the software switches to a read-only mode. The right to extraordinary termination for good cause remains unaffected.
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Final Provisions
a.) Exclusive place of jurisdiction for all disputes arising from this contract is Osnabrück, Germany.
b.) This contract is subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
c.) Amendments and subsidiary agreements to these Terms and Conditions have to be in writing. This also applies to this provision concerning the written form.
d.) The official language of these Terms and Conditions and of all documents in connection with the software is German. Translations into other languages are not legally binding.
e.) Should individual provisions of these Terms and Conditions be or become invalid and/or inconsistent with statutory regulations, the validity of the remaining provisions of these Terms and Conditions shall remain unaffected. The contracting parties shall jointly replace the invalid provision with a legally valid provision which comes closest to the commercial purpose of the invalid term. The foregoing rule shall apply correspondingly for regulatory gaps.
As of: June 17, 2026
