These terms and conditions regulate the use of software and services of Matthias Kittsteiner, Breitschwertstraße 21, 70378 Stuttgart („Epiphyt“). Epiphyt offers software and services, which can be used on a webspace or server. Their usage need the agreement to the following terms and conditions.

Contractual Language

The contractual language is English.


This conditions apply for every business relation between Epiphyt and its customer, who takes demand on the services of Epiphyt in its internet shop or an order.

Unless otherwise agreed in writing,different conditions are not applicable. Oral deviations are disagreed.

License and Access

Epiphyt grants the download of a purchased product in its internet shop by the customer in the customer area after receiving the complete amount of the product and the usage of the product under the accepted licensing terms.

The customer receives one license for his requested product if it was an order, which will be sent him by email address or via private conversation on the website of Epiphyt. For losing the product after a successful transfer only the customer is liable.

In case the customer violates the license of a product or attract negative attention by disturbance or defiance the terms of use on the website of Epiphyt, Epiphyt reserves the right to to withdraw the usage rights and the whole license and ban the customer.

Customer Account

The sales over the Epiphyt internet shop are only possible if the customer has previously created an account on the website. The account will be provided by Epiphyt for an unlimited period of time. For the successful purchase, it is necessary that the customer fills in the personal data in the account for the conclusion of a contract (first and last name, full address and email address).

Every customer is allowed to have exactly one customer account. For verifying the personal data will be used anonymously.

The customer commits himself to keep his login data (username and password) secret and to inform Epiphyt in case of misusage, even if it is only a suspicion. If Epiphyt was not informed, Epiphyt is allowed to disable the customer account and to refuse the use of any previously supplied products by the customer.

The customer is responsible for all activities with his customer account, unless there is no violation of on the duties of care. In the event of a breach of the duty of care or breach of the license terms of a product, Epiphyt has the right to disable or delete the customer account.

The account is cancelable at any time free of charge. For this, the corresponding function can be used in your own profile. That goes under: „click on the username -> Settings -> Management“ and must be used by the customer himself. The cancellation can be revoked within 14 days, only after then is the account permanently deleted.

Allocation of the Service

All products available in the internet shop can be downloaded in form as a digital download from each customer in his customer account. Also any documents, which may exist, can be viewed there. Should exist an update for a product, it will be provided in the same form.

When ordered, the allocation takes place per email address from the customer.

A physical form of dispatch does not exist. The same goes for any documents, which may exist.


Unless otherwise agreed, the customer is responsible from services by Epiphyt for data loss, for used hard- and software and any communication costs. A warranty for the services will only be given, when the required hard- and software is demonstrably suited for the respective service.

The customer has to tell Epiphyt all information, that could simplify the process of service and handed the necessary access to the server.

Should the hard- and software for the respective service not be suitable, then the customer is committed to ensure a suitable hard- and software and has to carry cost and liability for this. Is the execution from a service after that not possible, then Epiphyt is acquitted from a service supply and can step back from the contract.

Rights of Use

The respective license of terms apply for all products.

Epiphyt grants the customer a non-exclusive spatially unlimited right to use or change the adjustment for adaptions grants. A passing of the adaption is excluded at all times. All rights remain by Epiphyt.


Epiphyt is liable in cases of intent, or gross negligence in accordance with the legal provisions. Liability for guarantees occurs independently.

Epiphyt guarantees the customer a time period of minimum 2 years from the date of purchase to download the products from the internet shop.

Epiphyt is not liability for errors in soft- and hardware , which are not related to Epiphyt or intentionally violence, which could prevent the correct usage of the products, likewise by adaptions from the customer or others.


The customer is entitled to all and any statutory warranty rights if they apply to the current version of the product without any modification.These statutory warranty rights lapse, unless the law stipulates otherwise, 24 months after delivery/acceptance. The warranty period shall be extended by any period during which the delivery/service cannot be used due to nonconformity.

Conclusion of the Contract

It is necessary for the accomplishment of a contract that the customer submits an offer. The display of products and services from Epiphyt is not a legally firm offer.

The customer can submit an offer by pushing the button “add to cart” on one or more products. He can remove the products in the cart at all time by clicking the delete symbol. Furthermore it is possible to freeze or cancel the order process. Only by clicking the button “chargeable order” submits the Customer a firm offer.

Every firm order is changeable or cancelable from the customer before activation at all time. To do this he has to call up the order in the customer area.

he contract between the customer and Epiphyt is accomplished with the activation of the order by Epiphyt and the resulting access to the respective products. A confirmation will be send to the stored email address in the customer area.

Orders, which are not carried out via the internet shop, takes place solely in writing instead. The customer receives the respective confirmation and possible additional existing documents after a written agreement on the conditions of the order.


The customer is committed to pay the whole bill, which he will receive after he made an order, within 14 days. No VAT will be reported in terms of our prices. All costs and fees for a successful transaction are carried by the customer.

Should a partial payment be overdue, thus Epiphyt has the right to stop the work or use it otherwise and reclaim all copies of a product and if that should not be possible, to demand the deletion of those copies. Until the full payment Epiphyt owns all rights to the products and their adaptations. In addition, Epiphyt is entitled to cancel the order and make claims under this conditions asserted. By delay of payment the customary bank rates will be charged.

The customer has no right to withhold payment because of incomplete delivery, guarantee or warranty claims or defects.


The customer can hire Epiphyt to create a product or to perform a service for him. By placing an order, the customer enters into a legally binding contract with Epiphyt, which lasts until the successful delivery of the product or providing the service.

The customer has to notify Epiphyt all the information that lead to the simplification of the work or improvement of the commissioned product or providing the service. For delivery delays or additional costs which are due to insufficient information from the customer, are carried by him.

If the product after the handover may be defective which do not exclude a usage, thus is the product after the handover by Epiphyt until and including the 7th day Repaired free of charge. This only applies to previous proper use by the customer.

Both partners have the option to cancel the order under certain circumstances. Cancellation by the customer is possible if either delivery delays occur, caused by the sole negligence or wrongful act of Epiphyt, or delivered a product or a service has been performed, which is outside of the written concept of the customer.

A withdrawal by the customer entitled Epiphyt, to calculate all services supplied so far including an allowance of 25 % of the fixed contract value.

Epiphyt is entitled to cancel the order if a reason exists, which prevents the successful delivery of a product or performing a service.

Right of Withdrawal

All information regarding your right of withdrawal can be found in our revocation policy.

Data Protection

All information provided by the customer will be treated in accordance with our privacy policy.

Final Provisions

All changes to these terms or the contract between the customer and Epiphyt must be made in writing.

The European Commission provides a platform for online dispute resolution (ODR):

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.