Terms and Conditions

Last updated 5 June 2020

1. General
   1. The below contract provisions (GTCs) are applicable for all contracts concluded via the internet site www.antetype.com (hereinafter: “antetype.com”), an COTYPE internet site (hereinafter: “COTYPE”) or via in-app purchase of the Antetype software between natural and legal persons, who licence Antetype software (hereinafter: “Customers”), and COTYPE.
   2. Deviating general terms and conditions of the Customer are not recognised by COTYPE, unless COTYPE had expressly consented to these in writing.
2. Conclusion of contract
   1. 2.1 COTYPE offers the licencing of ANTETYPE software (hereinafter: ANTETYPE) on antetype.com or via in-app purchase.
   2. After pressing the “Buy Now” button, the Customer will be brought, within the order process, to the domain www.paddle.com of the company, 15 Briery Close, Great Oakley, Corby, Northamptonshire, NN18 8JG, United Kingdom (hereinafter: Paddle).
   3. The item descriptions on antetype.com represent an unbinding invitation for the Customers to order. The Customer makes a binding offer to conclude the contract by ordering.
   4. The Customer can input the required number of ANTETYPE licences during the order process in the corresponding field and can thus purchase the desired quantity of ANTETYPE licences after he has entered his delivery information in a form and selected the payment method by clicking on the “Pay Now” button. In the case of ordering by means of clicking on the “Pay Now” button, the Customer makes a binding order regarding the selected number of licences. The receipt of the order is then confirmed by email.
   5. COTYPE has the right to accept the contractual offer from the Customer within five working days following receipt of the order. The contract, however, is concluded at the latest when the selected number of ANTETYPE licences has been delivered.
   6. The purchase agreement is concluded with: COTYPE Technologies GmbH, Europa-Allee 20a, 66113 Saarbrücken, Germany.
   7. The contract language is English.
3. Contract text storage
   1. 3.1 The contract information will be stored by COTYPE. The order data will be sent to the Customer separately in text form (email).
   2. These GTCs can also be accessed and printed via the internet site www.antetype.com.
4. Right to cancel
   1. Consumers fundamentally have a statutory right to cancel. The legal regulations regarding a possible existing right to cancel are exclusively contained in the cancellation instructions, which are available to the CUSTOMERS as part of the order process.
5. Termination of the right to cancel
   1. The right to cancel of a consumer is terminated in the case of contracts regarding the delivery of digital content not located on a physical data carrier according to § 356 Section 5 BGB [German Civil Code], if the entrepreneur has commenced the execution of the contract after the consumer has expressly consented to the entrepreneur commencing the execution of the contract prior to the expiry of the cancellation deadline and has confirmed that he is aware that he loses his right to cancel by consenting to the commencement of the execution of the contract.
6. Delivery date
   1. The delivery takes place through an email to the delivery email address indicated in the order form, which email contains a link to download ANTETYPE (hereinafter: Download Link).
   2. The delivery time will be indicated separately for the respective item or by the product description on the item page.
   3. The delivery time indicated on the item page commences on the working day following the day of the conclusion of the contract.
   4. In the case of purchasing rights of use through an ANTETYPE licence, COTYPE also makes a software licence key available to the Customer for activating ANTETYPE.
   5. The installation of ANTETYPE by COTYPE is not subject matter of the contract.
   6. In the case of delays to deliveries, COTYPE will immediately inform the CUSTOMERS.
7. Payment and invoicing
   1. The prices valid on the day of the order are applicable, as they are displayed in the online shop. The indicated end prices are applicable in each case plus statutory VAT.
   2. In individual cases, further taxes for international deliveries (e.g. in the case of an intra-Community purchase) and/or charges (e.g. duties) must be paid by the Customer.
   3. COTYPE only accepts the payment methods offered during the order process on the domain of Paddle. The Customer independently selects his preferred payment method from the payment methods available.
   4. If a delivery is carried out with payment by credit card, the Customer authorises the charging of the full invoice amount including any delivery and shipping costs when due via the credit card company concerned by disclosing his credit card data. The charging will take place in this case with the order confirmation.
   5. If a payment takes place via PayPal, the Customer must have a PayPal account and authenticate himself using his access data. The Customer must thus go through the PayPal payment process and confirm the payment to Paddle.
   6. If a payment takes place via Apple Pay, the Customer must have an Apple Pay account and authenticate himself using his access data. The Customer must thus go through the Apple Pay payment process and confirm the payment to Paddle.
   7. If a payment takes place via Amazon Payments, the Customer must have an Amazon account and authenticate himself using his Amazon access data, go through the Amazon payment process and confirm the payment to FastSpring. Amazon accepts bank debits and credit card as payment methods:
      • • In the case of payment by credit card, the Customer authorises Amazon to charge the full invoice amount including any delivery and shipping costs when due via the credit card company concerned by disclosing his credit card data. The charging will take place in this case with the order confirmation.
      • • In the case of payment by bank debit, the Customer discloses to Amazon his IBAN and BIC numbers. Amazon debits the invoice amount according to the invoice from the indicated account of the CUSTOMER. In the case of a debit return, the Customer must bear the costs of this debit return. The Customer is reserved the right to furnish proof that no or only a reduced loss is caused by the debit return.
   8. Invoicing takes place electronically according to the statutory provisions under § 14 Section 3 UStG [German Turnover Tax Act].
   9. Rights of setoff are only available to CUSTOMERS if the counter claims are legally established, undisputed or recognised by COTYPE. For exercising a right of retention – even due to complaints – the CUSTOMER is only authorised if his counter claim is based on the same contractual relationship.
8. Reservation of title
   1. 7.1 Up to complete payment, COTYPE retains the ownership and all further rights to ANTETYPE. COTYPE is, in particular, entitled to prohibit the Customer the further use of ANTETYPE and to request the surrendering of all copies or – insofar as surrendering is not possible – the deletion thereof if the Customer has not fulfilled his payment obligations or otherwise behaves in a manner contrary to the contract.
   2. If a third party accesses ANTETYPE prior to complete payment of the licence, the Customer is obliged to inform this third party regarding the reservation of title of COTYPE and to notify the seller immediately by email regarding the access of the third party.
9. Liability for material and statutory defects/Warranty
   1. Rights in the case of defects of ANTETYPE are determined according to the statutory provisions.
   2. If the Customer is not acting as a consumer, obvious defects must be presented to COTYPE within a period of two weeks from receipt of ANTETYPE, otherwise the assertion of a warranty claim is ruled out. In order to respect the deadline, timely sending of the notice of defects is sufficient by email, fax or in written form.
   3. A material defect is present if ANTETYPE is not fit for the use described in the documentation. The documentation can be retrieved on antetpye.com.
   4. A statutory defect is present if the rights required for the contractually provided use are not granted as effective by COTYPE following the delivery of ANTETYPE.
   5. Claims due to material and/or statutory defects against ANTETYPE regularly lapses in two years. Insofar as the Customer is not a consumer in the context of § 13 BGB, these claims lapse in one year.
   6. The limitation period commences with the receipt of the licence key required to activate ANTETYPE.
   7. The Customer is obliged to report emerging defects immediately following discovery thereof to COTYPE, providing the specific defect characteristics.
   8. If defects are reported to COTYPE, the latter can choose to rectify or redeliver.
   9. COTYPE will either provide the Customer with a corrected complete version of ANTETYPE or with a program to remove the defect (update) via a download. A specific defect analysis and removal on the system of the Customer is not owed by COTYPE.
   10. Even in the context of rectification, the Customer is himself responsible for the installation of ANTETYPE.
   11. The duty of guarantee is not applicable if the Customer makes changes to ANTETYPE without express written approval from COTYPE or if the defect characteristics emerge in a software environment different to that specified, unless the Customer proves that these facts have no connection with the defect.
   12. COTYPE guarantees that the contractual use of ANTETYPE by the Customers does not conflict with the rights of third parties.
10. Rights of use /Licence conditions
    1. ANTETYPE is a software which basically gives the Customer new possibilities for designing user interfaces and supports him in each step when creating user interfaces using practical tools. ANTETYPE facilitates the design of dynamic layouts and widgets and enables the creation of interactive software prototypes.
    2. COTYPE ensures the Customer a right of use of ANTETYPE when an ANTETYPE licence is purchased according to the following conditions:
11. Scope of licence
    1. COTYPE ensures the Customer, in the context of this licence, a simple, non-transferable, non-exclusive, local and time-limited right of use to the version of ANTETYPE, which is current at the time of the licencing, for private or commercial purposes. COTYPE will provide the Customer with a licence file following the conclusion of the contract.
       • The right of use comprises the activation for three times (hereinafter: Activations) and the use of updates for the respectively licenced full versions of ANTETYPE for one year from the purchase date on (hereinafter: Update Period).
       • COTYPE has the right to technically monitor the maximum permitted number of 3 activations per licence by verifying the licence key used in the context of an online activation.
       • COTYPE has the right to technically monitor the if the CUSTOMER is eligible for updates, i.e. for one year after purchase.
       • If the Update Period has expired, ANTETYPE can still be used without any linitis, except that updates via the in-app update or are via download of newer versions is no longer possible.
       • A trial installation of ANTETYPE is possible for a period of 30 days. The save functionality of ANTETYPE is automatically deactivated following expiry of this period if no valid licence file key been activated by this time. A re-activation is possible at any time by incorporating a valid licence key.
12. Copyrights – intellectual property
    1. COTYPE reserves all rights to ANTETYPE. ANTETYPE contains code which has been created by third parties and which may be distributed under different licences (e.g.). All rights to this code are held by the respective author. ANTETYPE has been programmed using the following listed tools:
       • CocoaScript
       • Cowboy
       • CTGradient
       • Erlang
       • F-Script
       • GCDWebServer
       • Gun
       • ITSwitch
       • NetNewsWire Crash Reporter
       • OCMoock
       • Paddle
       • Paper.js
       • Sfnt2woff
       • Sparkle
    2. Code which is not explicitly identified and named in the documentation of ANTETYPE is the sole copyright of COTYPE and is protected by copyright laws, international contracts or other national laws. The Customer receives no further rights to ANTETYPE beyond those indicated in point 9 through the licencing and use of ANTETYPE. The term, “ANTETYPE” is trademark protected in Germany, the European Union Member States, the USA and Switzerland.
    3. The Customer does not have the right to rent or lease, to share with third parties, or to distribute or publish in any form, versions of COTYPE. The Customer does not have the to adapt by reverse engineering or in any other manner, in particular to decompile or disassemble, unless this is permitted according to applicable law.
13. Third party property rights – warranty rights
    1. COTYPE ensures that ANTETYPE does not infringe the rights of third parties.
    2. The warranty for material defects is not applicable for defects which are based on the fact that ANTETYPE is used in a hardware or software environment which does not meet the requirements indicated on the internet site of ANTETYPE. COTYPE rejects any further warranty, in particular the implied warranty for a certain purpose.
14. Liability/Limitation of liability
    1. COTYPE only assumes liability for all legal relationships arising from the licencing of ANTETYPE according to the following provisions:
    2. The claims of the Customer against the licensor for damages or compensation for futile expenditure are determined irrespective of the legal nature of the claim according to these provisions.
    3. The liability of COTYPE is – for any reason whatsoever – ruled out, unless the cause of the damage is based on the wilful intent and/or gross negligence of COTYPE, its employees, its representatives or its agents. Insofar as the liability of COTYPE is ruled out or limited, this also applies to the personal liability of employees, representatives or agents of COTYPE.
    4. For damages arising from injury to life, body or health based on wilful or at least negligent breach of duty by the licensor or by an agent of COTYPE, COTYPE assumes unlimited liability.
    5. For other damages based on other breaches of duty by the licensor, COTYPE only assumes unlimited liability if a guaranteed quality characteristic is not present or there is wilful intent or gross negligence by COTYPE.
    6. For damages caused by slight negligence of COTYPE, COTYPE only assumes liability, provided a duty has been breached by the licensor, the fulfilment of which is of particular significance for achieving an essential contractual duty (also called cardinal duty).In the case of breach of an essential contractual duty, the liability is limited to the extent of such damage, the development of which is typically to be expected within the context of the contract. An essential contractual or cardinal duty in the aforementioned sense is such that the fulfilment of which generally enables the orderly execution of this contract and on the fulfilment of which the CUSTOMER regularly relies and may rely.
    7. The liability of COTYPE for culpable losses of data is limited to the extent of the typical expense for recovery, which would occur with regularly making backup copies. This is also applicable in particular for the case where contents may be rendered unreadable due to an error of ANTETYPE.
    8. The liability of COTYPE remains unaffected according to the Product Liability Act (§ 14 Product Liability Act).
15. Miscellaneous
    1. The use of these licence conditions by the licensor is known to the Customer. He had the opportunity to make himself aware of their content in a reasonable manner. Inasmuch as the Customer uses general terms and conditions regarding the licencing of the software, these are rejected. All agreements containing an amendment, addition or substantiation of these licence conditions, as well as special guarantees and arrangements are to be put into writing. If they are stated by representatives or agents of COTYPE, they are only binding if COTYPE has hereby granted its written consent.
16. Provider identification

    Cotype GmbH
    Europa-Allee 20a
    66113 Saarbrücken
    Germany
    
    Managing director: Dr. Marcus Plach und Prof. Dr. Dieter Wallach
    Email: [email protected]
    Telephone: +49 (0)681 95 98 20 0
    
    Commercial register number: HRB 11850
    Commercial register: Amtsgericht Saarbrücken
    VAT number: DE232766076

17. Data storage and privacy
    1. Reference is made to the privacy statement on the website, www.antetype.com
18. Final provisions
    1. These GTCs and licence conditions are available in English only
    2. The law of the Federal Republic of Germany is applicable for all legal relationships, excluding the UN Sales Convention.
    3. In the case of Customers who do not conclude the contract for professional or commercial purposes, thus who are classified as consumers, the aforementioned choice of law is only applicable insofar as the protection granted by compulsory provisions under the law of the state in which the consumer has his habitual abode is not taken away.
    4. If the Customer is a merchant in the sense of the commercial code, legal person under public law or special fund under public law, the place of jurisdiction for all disputes arising from this contract and these licence conditions is exclusively – and also internationally – the business location of COTYPE in Saarbrücken.
    5. The same applies if the Customer is an entrepreneur and does not have any general place of jurisdiction in Germany or the residence or habitual abode at the time the action is filed is not known. The authority of COTYPE to also invoke the court in a different legal jurisdiction hereby remains unaffected.