Terms and conditions
As of 12 October 2026. This is a translation; the German version (AGB) is binding.
1. Scope
These terms apply to the purchase and use of licences for the software “Provomatic” (the “software”) between Timo Kessel, Dülkener Straße 2, 41068 Mönchengladbach, Germany (the “provider”) and the customer. Conflicting terms of the customer do not apply, even if the provider does not expressly object to them.
The software is aimed at businesses within the meaning of § 14 BGB that offer hosting services. If a consumer buys, the rules on the right of withdrawal in section 9 apply in addition.
2. Contract
The presentation of the software on this website is not a binding offer. By completing the order the customer makes a binding offer. The contract is concluded when the provider confirms the order by email or provides the licence.
3. Prices and payment
The prices stated at the time of ordering apply, in euros. No VAT is charged under § 19 UStG (small business). Payment is made with the methods offered when ordering and is due immediately.
4. Licence
The customer receives a simple, perpetual, non-transferable right to use the software for one installation under exactly one domain. Every domain and every subdomain counts as its own installation. The licence can be moved to another domain in the customer account.
The number of customers, products, invoices and staff members in the installation is not limited. The customer may use the software for their own hosting business and may adapt or create themes and modules for it.
Sharing, reselling, renting or publishing the software and bypassing or removing the licence check are not allowed. In case of a breach the provider may suspend the licence.
5. Delivery and updates
The software and the licence key are available in the customer account after payment. The purchase price includes updates (new versions) for one year from purchase. The update period can be extended for a fee. After it ends, the customer may keep using the last version obtained without time limit.
6. Requirements and licence check
The technical requirements are listed in the installation guide. The software regularly confirms the licence with the provider’s licence server, which requires an outgoing HTTPS connection. If the licence server is temporarily unreachable, the software keeps running.
Payment providers, panels and other connected services have their own terms; the customer concludes those contracts themselves.
7. Beta versions
Before version 1.0 the provider makes beta versions available to selected customers. Beta versions are for trial, may contain errors and may still change until the final version. For beta versions provided free of charge the provider is only liable for intent, gross negligence and fraudulently concealed defects.
8. Customer obligations
The customer is responsible for operating their installation, in particular for regular backups, installing updates, the security of their server and keeping their invoices. The software supports the legal requirements for invoices and taxes technically; the customer remains responsible for the tax and legal assessment of their business and for their own legal texts.
9. Right of withdrawal for consumers
Consumers generally have a right of withdrawal of 14 days from the conclusion of a distance contract. Withdrawal is possible by email to support@texus-addons.de with a clear statement.
For digital content the right of withdrawal ends when the provider has started delivery after the customer expressly agreed to delivery before the end of the withdrawal period and confirmed their knowledge that they thereby lose the right of withdrawal (§ 356 (5) BGB). This consent is asked for before payment.
10. Warranty and liability
Statutory warranty rights apply. The provider is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. For slight negligence the provider is only liable for breaches of essential contractual obligations, limited to the foreseeable, typical damage. For loss of data the provider is only liable to the extent that would have occurred with regular backups by the customer.
11. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this applies only insofar as they are not deprived of the protection of mandatory provisions of the country of their habitual residence. If the customer is a merchant, the place of jurisdiction is the provider’s place of business. Should a provision be invalid, the remaining provisions remain in force.