Terms & Conditions for Pausitive Software
Last updated: October 2025
These Terms & Conditions apply to the purchase and use of Pausitive Software through license keys. By purchasing a license, you fully accept these terms.
1.1 These Terms & Conditions apply to all contracts for the purchase of Pausitive Software licenses.
1.2 Contracting party:
Matthias Siano
Weizenkamp 2
22081 Hamburg
Germany
Email: support@pausitive.app
1.3 These terms apply exclusively. Deviating or supplementary terms of the customer will not be recognized unless expressly agreed to in writing.
2.1 The subject of the contract is the granting of a simple, non-transferable license to use the Pausitive Software.
2.2 The software is provided as a desktop application for Windows and macOS operating systems.
2.3 The license includes the right to install and use the software on the number of devices specified in the license type.
3.1 Lifetime License Definition: If you have purchased a "lifetime" license, this grants you the right to use the software in its current state and form as of the date of purchase. The term "lifetime" refers to the continued availability of the software for use by the licensee while the licensor actively maintains and provides access to it. It does not imply perpetual provision of updates, support, or future compatibility.
3.2 Update Scope: Lifetime licenses include minor updates, bug fixes, and security patches only. Major feature additions, new software versions, or significant architectural changes are not guaranteed and may require separate licensing.
3.3 Service Discontinuation: We reserve the right to discontinue, modify, or cease operation of the software at any time. In the event of discontinuation, your license will remain valid for the last available version of the software, but we will not be obligated to provide further updates, compatibility patches, or support. No refunds or compensation will be provided.
3.4 The customer receives the right to use the software for personal or commercial purposes within the scope of this license.
3.5 Prohibited actions include:
4.1 Prices are displayed during the purchase process and may vary by region. Applicable taxes (including VAT where required) will be calculated and added during checkout.
4.2 Payment is processed through secure third-party payment providers.
4.3 The license key will be provided immediately after successful payment verification.
4.4 All sales are final unless otherwise specified in these terms or required by applicable consumer protection laws.
5.1 The license key will be delivered electronically via email.
5.2 The customer is responsible for providing a valid email address.
5.3 Software downloads are available at pausitive.app/download.
6.1 A 3-day free trial is available before purchase.
6.2 Due to the nature of digital products, returns are generally not possible after license delivery.
6.3 In case of technical issues, please contact support first for assistance.
6.4 EU Consumer Notice: If you are a consumer within the meaning of the EU Consumer Rights Directive, you expressly consent to the immediate delivery of the digital content and acknowledge that your right of withdrawal expires once the license key has been delivered.
The software is provided "as is" and "as available" without warranty of any kind. We disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the software will meet your requirements, be error-free, or operate without interruption. We may provide updates on a best-effort basis but are not obligated to do so. Some jurisdictions do not allow warranty exclusions, so these limitations may not fully apply to you.
To the maximum extent permitted by applicable law, our total liability for any claims arising from these terms or your use of the software is limited to the amount you actually paid for the software license. We are not liable for any special, incidental, indirect, consequential, or punitive damages, including loss of profits, data, business opportunities, or privacy. Our liability for data loss is limited to typical data recovery costs and does not include the value of lost data or business impacts. These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow liability limitations, so these restrictions may not fully apply to you.
9.1 Right to Modify: We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
9.2 Notice of Material Changes: If we make material changes, we will provide you with at least 30 days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9.3 Acceptance of Changes: Your continued use of the software after the changes become effective constitutes your acceptance of the new Terms. If you do not agree to the new terms, you must stop using the software.
9.4 Notification Method: Notice of changes will be provided via email to the address associated with your license or through prominent notice within the software.
10.1 Personal data is processed in accordance with our Privacy Policy.
10.2 The software operates locally and does not transmit personal data without consent.
10.3 Your email address is used solely for license management and support communications.
11.1 Termination by Us: We may terminate or suspend your license immediately, without prior notice, for any reason, including if you breach these Terms.
11.2 Effect of Termination: Upon termination, your right to use the software will cease immediately, and you must stop all use and delete all copies of the software.
11.3 Survival: Sections relating to limitation of liability, warranty disclaimers, and governing law will survive termination.
12.1 Age Restrictions: You must be at least 13 years old to use this software. If you are under 18, you must have parental consent to purchase a license.
12.2 Export Control: The software is subject to German and international export control laws. You agree not to export or re-export the software to any prohibited country, entity, or person.
12.3 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, or governmental actions.
12.4 Independent Contractors: The parties are independent contractors. These Terms do not create any partnership, joint venture, or agency relationship.
13.1 Governing Law: German law applies exclusively, excluding its conflicts of law rules and the UN Convention on Contracts for the International Sale of Goods.
13.2 Jurisdiction: Place of jurisdiction is Hamburg, Germany. For consumers, this applies only to claims against the consumer.
13.3 Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
13.4 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the software and supersede all prior or contemporaneous understandings.
13.5 No Waiver: Our failure to exercise any right or enforce any provision of these Terms will not constitute a waiver of such right or provision.
