1. Introduction
These Terms of Sale (“Terms”) govern all purchases of Penmarka software licenses, subscriptions, and related digital products (“Products”) offered by Vawick Consulting UG (haftungsbeschränkt), Liesenfelderstr. 7, 56281 Emmelshausen, Germany (“the Company”). All payments and subscription billing are processed by LemonSqueezy, acting as the Company’s merchant of record.
By purchasing any Product, the Customer agrees to these Terms.
2. Scope of Application
These Terms apply to:
- One-time license purchases
- Annual subscription plans
- Team (multi-seat) licenses
- License upgrades and downgrades
- Purchases made through the Penmarka website or LemonSqueezy checkout
- Business and enterprise purchases
These Terms do not govern the use of the Software itself, which is subject to the Penmarka End User License Agreement (EULA).
3. Digital Product Nature
Penmarka is delivered exclusively as digital content. No physical goods are shipped. Digital content is subject to specific EU and German legal provisions, including the EU Consumer Rights Directive and the Digital Content Directive.
4. Merchant of Record
All payments, invoicing, subscription renewals, and refund processing are handled by LemonSqueezy as merchant of record (see section 6). Customers may manage their subscription and billing details through the LemonSqueezy Customer Portal.
5. Pricing and Taxes
All prices displayed on the Penmarka website or LemonSqueezy checkout include applicable taxes unless otherwise stated. The Company reserves the right to adjust pricing at any time. Price changes do not affect existing subscriptions until the next renewal period.
6. Order Process and Contract Formation
A purchase is completed when the Customer:
- Selects a Product,
- Provides required billing information,
- Confirms the order, and
- Receives an order confirmation from LemonSqueezy.
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.
7. Delivery of Digital Content
Delivery occurs electronically via:
- Download links
- License keys
- Activation credentials
- Access through the LemonSqueezy Customer Portal
Delivery is typically immediate upon successful payment.
8. Consumer Right of Withdrawal (14-Day Withdrawal Right)
Your license is sold by LemonSqueezy as merchant of record (see section 6). 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.
9. 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 10): 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.
10. 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:
- If the Customer is not satisfied within 14 days of purchase, they may request a full refund, no questions asked.
- After 14 days, subscription charges are non-refundable, but Customers may cancel future renewals at any time.
This guarantee does not apply to free Personal licenses.
11. Subscription Terms
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.
12. Team (Multi-Seat) Licenses
Team licenses permit use by multiple Users within one organization. The 14-day satisfaction guarantee applies to the initial purchase. Seat adjustments mid-term may be requested directly from the Company.
13. License Keys and Activation
Customers are responsible for safeguarding license keys and activation credentials. Unauthorized sharing or distribution of license keys is prohibited and may result in license suspension.
14. Upgrades and Downgrades
Upgrades may require additional payment. Refunds for upgrades or downgrades are generally not provided once the upgraded license is activated. Seat changes for Team licenses may require manual adjustment by the Company.
15. Payment Methods
Accepted payment methods are displayed during checkout and processed by LemonSqueezy. The Company does not store or process payment card information.
16. Billing Errors
If a billing error occurs due to LemonSqueezy or the Company, the Customer may request correction or refund. Verified errors will be resolved promptly.
17. Unauthorized Transactions
Customers must report unauthorized transactions immediately. Refunds may be granted if credible evidence is provided. The Company may suspend licenses associated with fraudulent activity.
18. Refunds
Refunds are governed by the Company’s Refund Policy, available on the Penmarka website. Refunds are processed by LemonSqueezy to the original payment method.
19. Chargebacks
Customers are encouraged to contact the Company before initiating a chargeback. Unjustified chargebacks may result in license suspension and additional verification requirements for future purchases.
20. Business and Enterprise Purchases
Business customers and enterprise clients are generally not entitled to statutory withdrawal rights. Refunds and cancellations for business purchases are governed by contractual terms agreed between the parties.
21. Software Updates and Changes
The Company may update or modify the Software at its discretion. Updates do not constitute grounds for refunds unless the Software becomes materially defective and cannot be remedied.
22. Limitation of Liability
Liability is limited in accordance with the EULA and applicable statutory provisions. Mandatory consumer rights under German and EU law remain unaffected.
23. 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.
24. 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.
25. Language Versions
These terms are available in German and English. If the versions differ, the German version prevails.
26. 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