Distance Sales Agreement
These contract terms govern the rights and obligations of the contracting parties in connection with the purchase of software subscriptions, digital services and optionally bookable, separately ordered setup services offered electronically through the CXR App platform.
CONTRACTING PARTIES
One contracting party is Visual Memory Works GmbH (“VMW”), Elbestraße 10, 45768 Marl, Germany (Local Court of Gelsenkirchen, HRB 18062), which offers and operates CXR App. The other contracting party is you, as the user who purchases a paid service through the platform (hereinafter “you”).
Displaying the website in a particular language does not change the contracting party of an existing account. Before each new purchase, the relevant provider is shown expressly.
The offering is aimed primarily at businesses and self-employed persons who use the services for their commercial or self-employed professional activity (business within the meaning of § 14 BGB). Technically, purchasing is not restricted to businesses. If you act as a consumer within the meaning of § 13 BGB, the following provisions on withdrawal and consumer protection apply in addition.
The contract terms and the pre-contractual information are made available to you before purchase. The contracting party, the selected service, the total price, the term, any automatic renewal and the cancellation conditions are displayed before you confirm payment. Your consent is logged.
SUBJECT MATTER OF THE CONTRACT
The subject matter of the contract is the use of the digital software services and the associated subscription packages offered through the CXR App platform. The software subscription is a digital service.
These services may include digital catalogs, tools for creating quotes and links, CRM modules, content management tools and other online software services.
OPTIONAL SETUP
In addition to the software subscription, a paid setup may be offered, in which the application is prepared for you. The setup is optional and separate from the subscription: it is selected and priced separately, its fee is charged once, whereas the subscription fee is charged for the respective subscription period. The subscription can also be used without the setup; you can also set up your application yourself. The price and scope of a setup service are displayed before you order.
This text does not fix a delivery time, a number of rounds of revisions or any special refund conditions for the setup; such details are, where provided, communicated separately before the respective setup service is ordered.
DELIMITATION: SALES TO YOUR END CUSTOMERS
This contract concerns solely the services between VMW and you, that is, the software subscription and, where applicable, a separately ordered setup. If you sell your own products or services to your end customers through the platform, for example photos via Momento or orders via Menux, you conclude those contracts in your own name. VMW is not a party to these contracts; in this respect you are yourself responsible for price information, information obligations, rights of withdrawal and performance of the contract.
NATURE OF THE SERVICE
The services offered are software services that are provided without physical delivery and exclusively in digital form. They are assigned to your account and provided over the internet.
FEES AND SUBSCRIPTION STRUCTURE
The fees for the services may vary depending on subscription term, package scope or usage volume. Current prices are shown on the platform.
Subscriptions may be concluded for a fixed term and may renew automatically at the end of the term. The renewal conditions, the cancellation procedure and the details of billing are governed separately in the documents “Payment and Billing Policy” and “Subscription, Renewal, Cancellation and Refund Policy”. These also contain the information on the free 7-day trial, which applies separately to each app and for which no credit card is required.
CONCLUSION OF THE CONTRACT
The contract is concluded when you select the desired service on the platform and complete the payment process. Upon receipt of the payment confirmation, the service is assigned to your account for the selected subscription term.
RIGHT OF WITHDRAWAL
A statutory right of withdrawal exists only for consumers. Businesses have no statutory right of withdrawal.
If you act as a consumer, you may, subject to the statutory exceptions, withdraw from the service contract within 14 days of conclusion of the contract without giving any reason (§§ 312g, 355 BGB). For services that are provided immediately in electronic form, and for services whose performance begins at your request before the withdrawal period has expired, the statutory exceptions or grounds for expiry of the right may apply. Not every software subscription automatically falls under an exception. Before performance begins, the applicable exception is explained and the required consent is obtained.
You may declare your withdrawal in text form to support@cxr.app or to info@visualmemoryworks.de; other means of declaration provided for by law remain unaffected. In the event of an effective withdrawal, payments made will be refunded within 14 days of receipt of the withdrawal declaration, using the means of payment used for the payment.
SUSPENSION AND TERMINATION OF THE SERVICE
If the subscription term ends, the subscription is canceled, a payment is not made or the contract is terminated, your access to the paid services may be suspended or end completely. After the service ends, the storage and deletion of your data are governed by the relevant documents on data processing, in particular “Data Retention, Deletion and Anonymization Policy”. Statutory rights of cancellation and withdrawal remain unaffected.
DISPUTES
Statutory provisions apply to disputes arising from this contract. For customers who are consumers, mandatory consumer protection provisions remain unaffected.
CHANGES
These contract terms may be amended due to changes in the law or updates to the scope of services. The current text applies to newly concluded contracts from the day of publication. Changes to existing contracts are made only within the framework of statutory requirements.