Terms and Conditions
General Terms and Conditions of Business for Politepix UG (haftungsbeschränkt) for the Sale of Products from the Politepix Shop

1. Scope of Application and Rejection Clause
1. The General Terms and Conditions of Business below as most recently revised at the point in time of the specific order apply solely and exclusively to any and all legal relationships established between Politepix UG (haftungsbeschränkt) and its customers via the Politepix Shop.
2. The application of deviating general terms and conditions of business of the customer is hereby rejected.

2. Offers, Conclusion of Contract, and Order Process
1. The presentation of the merchandise on this Web site does not represent a legally binding offer; it is merely an invitation to place an order unless a binding assurance is expressly stated.
2. The placement of an order by a customer is the submission of a binding offer to Politepix UG (haftungsbeschränkt) to conclude a contract with the former. Politepix UG (haftungsbeschränkt) can accept this offer by sending an E-Mail order confirmation to the customer or by delivering the ordered merchandise. The confirmation of receipt of the customer’s order by the sending of an E-Mail to the E-Mail address designated by the customer (receipt confirmation) documents the receipt of his order and does not represent the acceptance of his offer. The contract is not effectively concluded until Politepix UG (haftungsbeschränkt) sends an E-Mail order confirmation to the customer or delivers the ordered merchandise. Politepix UG (haftungsbeschränkt) archives electronically the contract text of the order. It can no longer be viewed after the order; however, the receipt confirmation contains all of the details of the contract.
3. Give that all products will be provided exclusively in English and that they will not be usable by the purchaser without the ability to understand English, the authoritative language for the conclusion of the contract is English.

3. Performance and Delivery Obligation
1. If and when Politepix UG (haftungsbeschränkt) accepts the customer’s order, the delivery of the merchandise will be initiated within 48 hours.
2. Compliance with a delivery date is at all times subject to presence in the office and email access, i.e. delivery is not guaranteed over weekends or during holidays and may require as much as 48 hours during non-holiday weekdays. If it is not possible to deliver your product in this timeframe, Politepix UG (haftungsbeschränkt) is entitled to rescind the contract. The customer is not entitled to any damage compensation pursuant to such rescission.
3. The above provision applies mutatis mutandis in the event that force majeure or other events cause the delivery to become significantly more difficult or impossible and Politepix UG (haftungsbeschränkt) is not accountable for the events. Such events include, but are not limited to, fire, flooding, industrial action, operational disruptions, strike, and official orders which are unrelated to our operating risk. In the above-mentioned cases, the customer will be notified that the delivery is not possible, and any consideration which has already been submitted will be reimbursed immediately.

4. Prices and Terms and Conditions of Payment
1. The prices offered at the point in time of the offer as displayed on the Online Shop site are authoritative.
2. All of the prices are final prices and include the statutory German value-added tax (currently 19%), excluding costs for shipping, for shipments within Europe.
3. Politepix UG (haftungsbeschränkt) does not levy any value-added tax for shipments outside of Europe.
4. Insofar as Politepix UG (haftungsbeschrankt) does not ship any physical products, there are no shipping costs.
5. Politepix UG (haftungsbeschränkt) accepts payment by PayPal, including credit card payments via Paypal. Instructions for the debiting of PayPal accounts will be taken into account when the invoice is issued.

5. Right of Revocation

Given that the product is in the form of digital software projects or information and that the customer is not a consumer but another business, there is no right of revocation because the information or digital data cannot be forgotten at will by the business that has received it. By making a purchase at the Politepix Shop, The customer agrees that there is no Right of Revocation for information or data that has already been transferred and that such a purchase consequently cannot be returned for a refund.

6. Warranty and Liability
• POLITEPIX UG (HAFTUNGSBESCHRAENKT) HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES OFFERED AND MATERIALS/DELIVERABLES PROVIDED HEREUNDER. POLITEPIX UG (HAFTUNGSBESCHRAENKT) SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND TITLE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT POLITEPIX UG (HAFTUNGSBESCHRAENKT) IS NOT A LEGAL FIRM AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE FREEDOM TO USE/OPERATE THE MATERIALS/DELIVERABLES HEREUNDER FREE FROM ALLEGATIONS OF INFRINGEMENT OR INFRINGEMENT. CUSTOMER MUST SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL FOR SUCH ANALYSES. ALL SERVICES AND MATERIALS/DELIVERABLES ARE PROVIDED “AS IS.” POLITEPIX UG (HAFTUNGSBESCHRAENKT) SHALL NOT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY AND ALL LOST PROFITS, LOSS OF BUSINESS AND OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. IN NO EVENT SHALL POLITEPIX UG (HAFTUNGSBESCHRAENKT)’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION GIVEN FREE OF COST OR FOR PAYMENT VIA THIS WEBSITE, PRODUCTS PURCHASED OR DOWNLOADED FREE OF COST FROM THIS WEBSITE, THE SUBJECT MATTER HEREOF, OR THE PROVISION OF SERVICES HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY CUSTOMER TO POLITEPIX UG (HAFTUNGSBESCHRAENKT) HEREUNDER.
• CUSTOMER AGREES, AT ITS SOLE EXPENSE, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND POLITEPIX UG (HAFTUNGSBESCHRAENKT) FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES (INCLUDING ATTORNEY’S FEES AND COURT COSTS), CLAIMS AND/OR LAWSUITS BY THIRD PARTIES AGAINST POLITEPIX UG (HAFTUNGSBESCHRAENKT), DIRECTLY OR INDIRECTLY SUFFERED BY POLITEPIX UG (HAFTUNGSBESCHRAENKT), ARISING FROM THE PERFORMANCE OF SERVICES OR THE MATERIALS/DELIVERABLES PROVIDED HEREUNDER.

7. Data Protection
1. Customer data is collected solely within the scope of the processing of the contract. Legal provisions, in particular the German Telemedia Act (TMG) and the German Federal Data Protection Act (BDSG), are observed. The customer’s master and utilization data are collected, processed, or used solely to the extent required for the processing of the contractual relationship.
2. The customer’s data are not used for marketing, market research, or opinion survey purposes without the customer’s consent.
3. Customers can find additional information about the type, scope, location, and purpose of the collection, processing, and utilization of the personal data required for the execution of orders in the data protection statement at http://www.politepix.com/about

8. Prohibition of Assignments and Pledging
The assignment or pledging of the customer’s claims or rights against Politepix UG (haftungsbeschränkt) without Politepix UG (haftungsbeschränkt)’s consent is prohibited unless the customer can prove a legitimate interest in the assignment or pledging.

9. Proper Law and Venue

1. Proper law governing the contractual relationships between Politepix UG (haftungsbeschränkt) and the customer is the law of Germany. The mandatory consumer protection laws of the country in which the customer has his regular domicile are excepted from this stipulation of proper law. The application of the UN CISG is excluded.
2. Venue for any and all disputes arising from the contractual relationship between the customer and Politepix UG (haftungsbeschränkt) is Politepix UG (haftungsbeschränkt)’s registered office to the extent that the customer is a merchant, a legal entity under public law, or a special fund under public law.

10. Severance
If any provision of these General Terms and Conditions of Business should be invalid, the other Terms and Conditions shall not be affected.

All contact, tax and registration data for Politepix UG, as well as the data protection statement, can always be seen in its most up-to-date form at the Politepix UG Impressum at http://www.politepix.com/about

Specific terms and conditions for products available at the shop:

Product terms for support incidents (single and multiple):

This payment allows the purchase of a single OpenEars support incident via private email. After making the payment you can submit a question via the contact form and we’ll discuss your question via email within 48 hours.

Q: What do I get for this purchase?

A: The ability to have a private email discussion about a single support question.

Q: Do I get a guaranteed answer?

A: Sorry, there’s no way of knowing in advance whether there is an answer, or a good answer, or if Politepix would be the source of the most ideal answer. The charge is for the time involved in discussing it, brief or involved. It’s based on an average of the opportunity cost to Politepix UG of giving private email support without the outcome becoming part of the OpenEars public knowledge base.

Q: Will Politepix alter the code of OpenEars in order to help me with my support issue?

A: Only if it’s a very trivial change, subject to Politepix UG’s sole discretion. The cost to write and test substantially new code would be much higher than the amount being requested.

Q: Can I get a refund if I don’t like the answer?

A: Sorry, the payment is for the email access and time. If you solve your issue before getting an email contact from us you can let us know, and if we haven’t spent any time researching or testing your issue we’ll cancel your order and refund your money at our discretion. If for some reason we’d prefer not to answer your question, we’ll refund your order when we first receive the question. Any other refunds are exclusively at the discretion of Politepix UG.

Q: Will you keep my request private? Will you sign an NDA to discuss it? Will you sign a non-compete to discuss it? A consultant agreement?

A: Politepix UG will keep your request and our discussion private. We will not tell anyone outside of Politepix UG what you are working on and when the incident is closed we will destroy any code and/or documents of yours that we have. We can’t sign NDAs or noncompetes or consultant agreements because the odds are too great that your project has elements in common with other clients’ projects and current or planned internal Politepix projects, and that your question touches on things that we need to be able to answer for other customers and/or OpenEars developers who are using the forums, or produce ourselves. Most NDAs and noncompetes are too broad to allow OSS projects to continue to offer support to developers other than the party the contract is with, and negotiating them is too time-consuming. You can be confident that we will not be telling your competitors what you are doing or using your code. By purchasing this support incident you assert that you understand that the presence of elements in the products of your peers, competitors, or Politepix UG that were discussed in the course of your support incident does not mean that those concepts were first discovered or learned of by Politepix UG in the course of your support incident, or shared with others, but are a reflection of the fact that many speech recognition and TTS projects have elements in common with each other.

Q: What is the end of a support incident?

A: When an answer has been provided. We will always make best effort to give you an awesome answer, but the payment is for the time involved and the privacy. It is possible that after researching your request the only answer available is “you can’t do that with OpenEars” and that would constitute an ended support incident if we believe that is the bottom line. In the absence of an ideal answer, Politepix UG reserves the right to conclude a support incident, or identify a new support incident, at its sole discretion.

Product terms for pre-configured apps and adding OpenEars to your app:

Given that the library can be installed and used free of cost, there is absolutely no refund if the customer is not happy with the standard OpenEars performance or capabilities. The product being purchased is not the library or the app, it is the consultation time spent on the preparation of the project. The app installation or pre-configuration will not remove any issues or limits which are inherent to the library, and Politepix UG (haftungsbeschränkt) is not offering different performance or features than the standard library as part of the purchased product.  The version being installed is the standard version and its license applies to the installation without exception. The terms in the paragraph 7 above entitled Warranty and Liability apply especially to the new app or existing app that is created or modified, as well as to the OpenEars library.