1. Scope of Application
These Terms and Conditions (“Terms” or “AGB”) apply to the purchase of Penmarka licenses through LemonSqueezy as merchant of record (see section 2) and to the use of the Penmarka software and related digital products owned by Vawick Consulting UG (haftungsbeschränkt), Liesenfelderstr. 7, 56281 Emmelshausen, Germany (“the Company”).
These Terms apply to both consumers and business customers unless otherwise specified.
2. Contracting Parties
Purchase. You buy Penmarka licenses from LemonSqueezy, which acts as merchant of record: it is the seller, processes the payment, charges applicable taxes, issues the receipt and lets you manage and renew your license in its customer portal.
Software and license. Penmarka is owned by Vawick Consulting UG (haftungsbeschränkt), Liesenfelderstr. 7, 56281 Emmelshausen, Germany (email: support@penmarka.com), which grants the right to use the software under the EULA and provides support.
3. Subject of the Contract
The subject of the contract is the purchase of digital software licenses, subscription plans, Team (multi-seat) licenses, upgrades, and related digital content for the Penmarka Windows software.
Use of the software itself is governed by the End User License Agreement (EULA).
4. Conclusion of Contract
A contract is formed when the Customer completes the purchase through the LemonSqueezy checkout and receives an order confirmation. By completing the purchase, the Customer accepts these Terms.
5. Prices and Payment Terms
All prices displayed include applicable taxes unless otherwise stated. Payments are processed exclusively through LemonSqueezy using the payment methods offered at checkout. The Company may adjust prices for future purchases or subscription renewals.
6. Delivery of Digital Content
Penmarka is delivered exclusively as digital content. Delivery occurs through:
- Download links
- License keys
- Activation credentials
- Access via the LemonSqueezy Customer Portal
Delivery typically occurs immediately after successful payment.
7. Right of Withdrawal for Consumers
Your license is sold by LemonSqueezy as merchant of record (see section 2). As a consumer, you have a statutory right to withdraw from the purchase within 14 days of the contract being concluded (§§ 312g, 355 BGB). LemonSqueezy provides the applicable withdrawal instructions at checkout and with your order confirmation.
During the withdrawal period, you can declare your withdrawal at any time using our Withdraw from contract function (you immediately receive a confirmation of receipt by email), through the channels LemonSqueezy names, or by email to support@penmarka.com. We forward your withdrawal to LemonSqueezy without delay. You do not need to give a reason.
8. Early Expiry of the Withdrawal Right
The right of withdrawal ends before the 14 days are up only if all of the following apply (§ 356(5) BGB):
- at checkout, you expressly agreed that the license would be provided before the withdrawal period ends,
- you confirmed that you know you lose your right of withdrawal by giving this consent, and
- you received a confirmation of this on a durable medium (for example, by email).
Merely downloading, installing or activating the software does not replace this consent.
Independently of this, our voluntary 14-day satisfaction guarantee applies (section 9): within 14 days of purchase, you receive a full refund for Pro and Team licenses on request, even if your right of withdrawal has already expired.
9. Voluntary 14-Day Satisfaction Guarantee (Pro & Team)
In addition to statutory rights, the Company offers a voluntary 14-day satisfaction guarantee for Pro and Team licenses:
- Within 14 days of purchase: full refund upon request, no questions asked.
- After 14 days: subscription charges are non-refundable, but Customers may cancel future renewals at any time.
The free Personal version is excluded from this guarantee.
10. Subscriptions
Penmarka subscriptions are billed annually via LemonSqueezy.
- Subscriptions renew automatically unless cancelled.
- Cancellation prevents future billing but does not refund past charges.
- Access continues until the end of the current billing period.
- Subscription management is available through the LemonSqueezy Customer Portal.
11. Team Licenses
Team licenses permit use by multiple Users within one organization. Seat adjustments during the subscription term may be requested directly from the Company. The organization is responsible for ensuring compliance by all Users.
12. License Keys and Activation
Customers must keep license keys and activation credentials confidential. Unauthorized sharing or distribution may result in license suspension or termination.
13. Updates and Modifications
The Company may update, modify, or improve the software at its discretion. There is no entitlement to specific features or future updates unless required by law or contractually agreed.
14. Technical Requirements
The Customer is responsible for ensuring that their system meets the technical requirements for Penmarka. Compatibility issues caused by third-party software, hardware limitations, or unsupported systems are not the Company’s responsibility.
15. Liability
The Company is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where it has given a guarantee.
In cases of slight negligence, the Company is liable only for breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.
16. Warranty (Digital Content)
Consumers are entitled to statutory warranty rights for digital products under §§ 327 ff. BGB. The Company may remedy defects through updates or technical support.
17. Data Protection
Information on the processing of personal data is provided in the Company’s Privacy Policy, available on the Penmarka website.
18. Business and Enterprise Customers
Business customers and enterprise clients generally do not have statutory withdrawal rights. Refunds, cancellations, and service scope are governed by individually agreed contractual terms.
19. Misuse and Fraud Prevention
The Company reserves the right to:
- Verify orders
- Investigate suspicious activity
- Suspend licenses in cases of suspected fraud
- Take legal action where necessary
20. Dispute Resolution
The Company is not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
21. Governing Law and Jurisdiction
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence. If the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction is the Company’s registered office.
22. Changes to These Terms
The Company may change these terms with effect for the future. Your contract is governed by the version you accepted at the time of purchase. A changed version applies to an existing contract only if you expressly agree to it. If you do not agree, your contract continues under the previous terms. Independently of this, you can cancel your subscription at any time in the LemonSqueezy customer portal, effective at the end of the current billing period.
23. Language Versions
These terms are available in German and English. If the versions differ, the German version prevails.
24. Contact Information
Vawick Consulting UG (haftungsbeschränkt)
Liesenfelderstr. 7
56281 Emmelshausen, Germany
Email: support@penmarka.com
Website: https://www.penmarka.com
Merchant of Record: LemonSqueezy, which processes payments and issues license keys