General terms and conditions

Translation for information only. This English text is a convenience translation. Only the German version (AGB) is legally binding.

1. Scope and contracting party

These general terms and conditions (terms) apply to all contracts for the purchase of licences for the software “Planago” via the website planago.de. If the customer books Planago together with operation by us (“Planago with hosting”), the hosting terms apply in addition.

The contracting party and provider of the software is:

• Hölter Digital
• Patrick Hölter
• Osteroder Str. 21
• 42277 Wuppertal, Germany

These terms apply both to consumers (§ 13 German Civil Code, BGB) and to entrepreneurs (§ 14 BGB), unless otherwise specified in individual cases. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

2. Subject of the contract (software licence)

The subject of the contract is a perpetual licence for the software “Planago” for installation on the customer's web hosting (on-premise).

The customer receives:

• a personal licence key,
• a personal setup file with which the software is installed on the web hosting in its current version,
• the non-exclusive right, unlimited in time, to use the software for exactly one (1) domain/website (single-domain licence).

Domain binding and change of domain: On first activation, the licence is bound to the domain under which the software is installed. If the customer wishes to operate the software under a different domain or with a different web host, we release the licence on request in text form; it is then bound to the new domain on the next installation. We charge a flat fee of €79.00 for each release. Simultaneous operation under several domains is not permitted.

Operation by service providers: The customer may have the software installed and operated by a service provider commissioned by them (e.g. web host or web designer), provided this is done exclusively for the customer's own website.

Modifications: The customer may adapt the software for their own purposes. The licence check must not be removed or circumvented. There is no entitlement to support for modified files; updates may overwrite the customer's own adaptations.

Reselling, renting, sublicensing or any other transfer of the software to third parties for their own use is expressly prohibited.

3. Conclusion of the contract and delivery

The presentation of the software on the website does not constitute a legally binding offer but an invitation to order. The customer submits a binding offer by completing the order form, confirming the required declarations and completing payment via the payment service provider Stripe. The contract is concluded upon receipt of our confirmation email, which we send automatically after successful payment.

Delivery is entirely digital: the confirmation email contains the personal licence key, a link to the installation guide with the setup file, and the invoice.

4. Prices and terms of payment

The prices stated on the website at the time of the order apply. All prices are final prices. In accordance with § 19 of the German VAT Act (UStG, small business scheme), no VAT is charged and therefore none is shown. The purchase price of the perpetual licence is a one-time payment.

Payment is made using the payment methods offered by our payment service provider Stripe during the order process (e.g. credit card). Delivery takes place after successful payment.

5. Updates and support

The purchase price includes functional and security updates for a period of 24 months from the date of purchase. After these 24 months, the software continues to work without time limit, but there is no entitlement to further updates or technical support. The customer is free to extend the update entitlement afterwards for a fee (currently €29.00 per year).

Support is provided by email and is limited to the basic functionality of the software. It does not include individual CSS adjustments, design services or the administration of the customer's servers or third-party systems (such as WordPress, Wix or the web host's systems).

6. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have assumed.

In the case of slight negligence, we are only liable for the breach of an essential contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

Within these principles, the following applies in particular:

• Operation by the customer: If the software is operated on web hosting of the customer or their service provider, responsibility for the server, its availability and security as well as for regular data backups (appointments and customer data) lies with the customer.
• Data loss: We are only liable for the loss of data to the extent that would have been necessary for its recovery had the customer made regular backups appropriate to the risk.
• Sending emails: The software sends emails via the email account set up by the customer. We are not liable for delivery, for example in the case of incorrect credentials, spam filters or disruptions at the email provider.
• Misconfiguration and modifications: We are not liable for damage caused by incorrect settings or modifications to the software by the customer or third parties.
• Third-party providers and force majeure: We are not liable for disruptions caused by services of third parties (e.g. web hosts, data centres, payment service providers, email providers) or by force majeure that are outside our area of responsibility.

The GDPR-compliant privacy policy and the legal notice on the customer's website are the customer's responsibility.

7. Right of withdrawal and early expiry

Consumers are generally entitled to a 14-day right of withdrawal; entrepreneurs have no statutory right of withdrawal. For details, in particular on the conditions for early expiry in the case of digital content, and a model withdrawal form, please refer to our separate information on the right of withdrawal.

In brief: as the software is digital content that is not supplied on a physical data carrier, the right of withdrawal expires early if we have begun performing the contract (providing the download/licence key) after the customer, in the order process and via a separate checkbox, has expressly agreed that we begin performing the contract before the withdrawal period expires, and has confirmed their knowledge that by giving this consent they lose their right of withdrawal once performance of the contract has begun.

8. Final provisions

The law of the Federal Republic of Germany applies. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and us is Wuppertal.

Version of the terms: 30 September 2026