1. Scope of Application

These Terms and Conditions (hereinafter "Terms") apply to all legal transactions between SmarterWaysProductions (hereinafter "Provider", "we", "us") and customers (hereinafter "you") regarding the acquisition of digital AI software licenses through our website.

We do not accept deviating conditions from the customer unless we have expressly agreed to their validity in writing.

2. Contracting Party and Contact Details

The contracting party for all purchases is:

Further contact details can be found in our Legal Notice.

3. Product Description and Scope of Services

We offer the following products:

• AI Software Licenses: Authorization to use local AI software (Andromeda with integrated models: Gemma 2B, Phi-3, Llama 3 8B, Mixtral Q2_K, Mixtral Q3_K_M, Mixtral Q4_K_M, Mixtral latest Q5_K_M)
• One-time Purchase: No recurring subscriptions or fees
• Local Execution: Software runs offline on your computer after license activation
• License Verification: Online verification at each program start (when internet connection available)
• Offline Usage: No internet connection required during execution
• Download Authorization: Access to installation files after purchase
• Personal Use License: Authorization for private and professional use

The detailed features and system requirements are listed in the respective product description on our website.

4. Prices, Taxes and Payment Terms

All stated prices are final prices and include statutory VAT where applicable.

Payment Processing:

• Payments are processed through our payment service provider Paddle
• Available payment methods: Credit card, PayPal, bank transfer (depending on Paddle's offer)
• Payment is due immediately upon ordering
• The contract is only concluded after successful payment

5. Ordering Process and Contract Formation

1. You select the desired product and click "Buy"
2. You are redirected to Paddle's checkout process
3. You enter your payment and billing information
4. You receive a summary of your order
5. By clicking "Buy now" you submit a binding offer
6. After successful payment, you receive a confirmation email with download links
7. The contract is concluded upon receipt of the confirmation email

6. Delivery and Provision

Delivery is exclusively digital:

• Download links are sent via email to the provided email address
• Delivery usually occurs within 15 minutes after payment confirmation
• Download links are valid for 30 days from delivery
• For technical problems, please contact our support

7. Right of Withdrawal and Withdrawal Instructions

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

Withdrawal Period:

The withdrawal period is fourteen days from the day of contract conclusion.

Exception for Digital Content:

The right of withdrawal expires for contracts for the delivery of digital content that is not delivered on a physical data carrier if you have expressly agreed to the contract performance and simultaneously confirmed your knowledge that you lose your right of withdrawal by giving your consent to the start of contract performance.

To exercise your right of withdrawal, you must inform us by means of a clear statement of your decision. You can use our contact form or send an email to sales@smarterwaysproductions.com.

8. Usage Rights and License Conditions

With your purchase, you acquire a non-exclusive, non-transferable usage license for the software:

• Permitted Use: Installation and use on your private and professional computers
• Number of Installations: Usage is tied to your user profile and allows installation on a reasonable number of the licensee's devices. Simultaneous use on multiple devices with the same license may be restricted.
• Commercial Use: Explicitly permitted for your own projects, your company, and professional use
• Prohibited: Resale, rental, public provision of the software
• Reverse Engineering: Not permitted, except as legally allowed

• Updates: Free updates for the purchased version (if available)

9. Contest Terms (Beta Start Giveaway) - Temporary

Special terms for our Beta Start Contest:

• Eligibility: Users 18 years and older who create a user account
• Participation: Automatic participation by creating an account - no further steps required
• Prize: 10 free Andromeda licenses (full version) will be raffled. Each user can win a maximum of one license.
• Winner Notification: Winners will be notified by email and find their license in their user account
• Data Usage: Contest participation data (email, account creation date) used solely for contest purposes
• Legal Recourse: Legal recourse is excluded to the extent permitted by law

Each participant can only win one license. This contest section will be removed after completion of the Beta Start Giveaway.

10. Warranty and Defect Liability

For digital content, the statutory warranty provisions apply:

• The software must correspond to the product description
• Defects must be reported immediately
• In case of defects: Repair or replacement delivery
• If subsequent performance fails: Reduction or withdrawal

For problems, contact our support: support@smarterwaysproductions.com

11. Limitation of Liability

We are only liable:

• For intent and gross negligence without limitation
• For breach of essential contractual obligations (limited to foreseeable damages)
• For personal injury according to statutory provisions
• Within the scope of an assumed guarantee
• According to the Product Liability Act

Any further liability is excluded.

12. Data Protection

The protection of your personal data is important to us. Detailed information can be found in our Privacy Policy.

Data required for contract processing is processed by us and our payment service provider Paddle.

13. Dispute Resolution

The European Commission has created an internet platform for online dispute resolution: ec.europa.eu/consumers/odr

We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but are generally willing to do so.

14. Applicable Law and Jurisdiction

All legal relationships arising from this contractual relationship are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes is Bingen am Rhein, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.

15. Severability Clause

Should individual provisions of these Terms and Conditions be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision.

16. Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions. You will be informed of changes by email. Changes are deemed approved if you do not object within one month of receiving the change notification.