Preamble
Thank you for using our website. The Terms of Use provided here (including the documents and links therein) set out the terms and conditions to which you, as a guest or registered customer, must agree and adhere to while using our website. Use of our website includes accessing, browsing, purchasing products or registering to use our website.
These Terms of Use are an agreement between you (hereinafter referred to as "you", "user", or "customer") and PSI-Labs Limited and its affiliates, developers and publishers (collectively, "we" or "PSI") for the sale of digital products and use of our website (hereinafter referred to as "Website", "Webpage(s)" or "Websites").
Please read these conditions carefully. By using our website and / or ordering products on our website, you agree to be bound by these terms. From time to time it may be necessary to adjust the terms of use. After each update to the amended terms, you must agree to the updated terms again if you wish to continue using our website.
1. Websites and User Account
1.1 Access to our websites
Access to our websites is free. For the content, services or products on our website and in particular for purchases made there, costs may arise.
You may only use our website if you are 18 years of age or older and are capable of consenting to our terms and conditions. Additionally, you agree that any and all information provided by you, the user, is accurate and true, and further, that you have the authorization and authority to submit the payment information/form of payment of your choice.
We do not grant or guarantee that our webpages or any content on them will always be available or operate without interruption. We reserve the right to suspend, modify or discontinue the operation of our websites in whole or in part without prior notice. Liability to you is also excluded if for any reason at any time or for any period of time our website is unavailable.
You access and use our website at your own risk. We assume no liability for any damages that may result from using our site.
The creation of the conditions for access to our website is up to you as a user. You are responsible for ensuring that all persons accessing our website through your internet connection and / or devices agree to these Terms of Use and accept and comply with all other applicable terms and conditions.
Certain pages and services on our website are only available to registered users. When you register with us, you are agreeing to our privacy policy.
1.2 User Account
When you create a user account, you are confirming that you are an adult of legal age. The transfer or sharing of your customer account’s access data/login information to our websites is prohibited. You are responsible for protecting your access data, the use of your account, and the content created and published under your account, including responses or posts on our forums. Your behavior, contributions and interactions with other users should be guided by common sense and should be marked by polite etiquette and language. Your interactions should abstain from harassment, personal attacks, racism, etc. In case of infringement, we reserve the right to block your customer account and / or related actions wholly or temporarily at our discretion.
We treat the user data you provide in strict confidence and in accordance with our Privacy Policy.
2. Product Availability
Unless otherwise stated, the products available on our websites are digital goods (hereinafter referred to as "products").
All offers on our websites are non-binding and subject to availability. Specified features and product descriptions are not binding. Please check if your computer meets the minimum system requirements shown on the product page before ordering any product.
We only accept purchase orders after the stock has been checked and the products are available for instant delivery.
If a product is not or is no longer available after you placed your order, we will inform you immediately by e-mail. In the event of this rare occurrence, you will then have the opportunity to withdraw from the purchase and demand a refund of the payment. If you do not make use of this option, we will automatically reimburse you the amount paid if the product is unavailable within 14 days from the purchase date. For a refund, we will use the same payment method you chose during the ordering process.
3. Order Process
The products advertised on our websites are to be understood as a purchase offer, which you accept bindingly by completing the order process.
To effectively complete the purchase agreement, you must complete the following steps:
You need to add the products you want to buy to your shopping cart and then proceed to the checkout.
At this point you may be able to decide which type of license key and / or download you would like to purchase.
In our web-shop you have the possibility to place your order as a guest (then continue with number 5) or to create a customer account. In both cases we need your e-mail address to send you a purchase receipt and the license key and / or download links.
If you are a new customer and would like to create a customer account, please enter the required data when requested; if you already have a customer account, please log in with your access data.
Next, you can select your desired payment method.
In the next step, you will receive a summary of your order and you must expressly agree to and accept these Terms of Sale and Use, as well as the instructions on the right of withdrawal. You will also have the opportunity to subscribe to our newsletter, which you can cancel at any time.
If you press the button "Order Now", you will be redirected to the website of your chosen payment service provider.
Once the payment has been successfully completed, you will receive an email from us with your proof of purchase, as well as the license keys and / or download links for the purchased products.
4. Prices and Payment
4.1 Prices
The prices stated in our offers include Value Added Tax or Sales Tax if applicable. Our website collects the IP address of your device to determine your geographic location and display the correct product prices and currency (s) for your region.
Price changes are possible at any time, but have no impact on existing purchases.
4.2 Payment
The delivery of your order will be performed after the receipt of the complete payment and the approval by the payment service provider.
If a payment made by you has been revoked by the payment service provider and / or an unauthorized withdrawal of the same has been caused by you, you are liable for the resulting damages. This also includes any consequential damages (e.g. fees for chargebacks) which arise for us or third parties. In the case of an unjustified payment cancellation, we reserve the right to revoke the purchased license keys or block the download links. You are not entitled to a payment cancellation if we have already fulfilled the purchase contract and have provided you with the purchased license keys and / or download links.
The payment methods offered on our website meet all the conditions necessary for a secure payment. Data integrity is ensured through the exchange procedure and encrypted messages using SSL and SET technologies.
5. Limited right of withdrawal for digital goodst
For customers from the European Union, the Consumer Contracts Regulations 2013 may apply for purchases, and you may have the right to withdraw from your purchase within fourteen days, commencing on the day after the date of purchase (the "Cooling Off Period").
Upon completion of the order process, you have entrusted PSI with the immediate execution of the purchase agreement and PSI has granted you immediate access to the ordered digital content and that therefore any possibility of a withdrawal from this purchase ended before the end of the Cooling Off Period.
6. Returns and Refunds
Digital goods are excluded from exchange, unless a license key or download link is not functional. In this situation, PSI will provide a replacement within 14 days.
Refunds and / or credits will be made at the sole discretion of PSI and only under the following conditions:
The product has not been activated or downloaded and / or the license key has not been redeemed.
Less than 14 days have passed since the purchase.
We consider your request to be appropriate due to special circumstances.
For exchange or refund requests, please contact support@PSI.net or use our contact form.
An exchange or a purchase price refund due to dissatisfaction is excluded.
7. Intellectual Property Rights
7.1 Website Content
All content, products, graphics, texts and assets on our websites are our property and / or the property of our partners. Therefore, they are protected by international regulations and contracts on intellectual property as well as copyright and trademark rights.
Our website and in particular its contents may not be copied, reproduced, modified, adapted, decompiled, distributed (either paid or unpaid) or used in any other way without our written consent.
By downloading a product, you will be granted a license to use directly from the publisher; all other rights of use of the product will be governed exclusively by the publisher's license terms.
7.2 Purchased licenses
Under no circumstances will the license granted for the purchased products entitle you to duplicate, display or redistribute a product. No product may be copied, modified, adapted, translated, made available (either paid or unpaid), distributed, decompiled or reverse engineered, unless the license agreement of the publisher expressly grants you such rights or any applicable law regards this act as a right, which cannot be revoked by contract.
Please note that you will need access to the relevant platform for downloading, installing or activating the product (e.g. Steam, Origin, U-Play, PSI, etc.).
All products purchased through our website and redeemed on third-party platforms are subject to the terms of use and license of their respective operators. By downloading, installing or activating the Products you agree to their license terms.
7.3 Assignment
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
8. Limited liability and links to third party websites
8.1 Limited liability
In the case of defects in delivered products, the buyer is entitled to the statutory rights.
PSI is not liable for defects in products that have been changed, overhauled or modified by third parties during the warranty period. This also applies to changes to the operating system (e.g. Windows, Mac OSX) and / or the provider platform (e.g. Steam, UPlay, Origin, etc.).
We and our affiliates shall not be liable to you or any other person for any indirect, incidental, consequential, special, or other loss or damage arising from the use of our websites, our services, the products offered, and / or these Terms of Use associated with it. The aforementioned above also applies to loss of data, income, reputation, goodwill or similar situations or circumstances.
8.2 Links to Third Party Websites
Our websites may link to websites of other providers, developers and / or publishers. The fact that we link to a website does not constitute an endorsement, approval, or opinion regarding our relationship with said third parties. We assume no responsibility for the content of external websites to which we link. The content of the linked pages are the sole responsibility of their operators.
The present terms of use apply exclusively to the websites of PSI.net. We have neither influence on the adherence to the conditions of use of external third party web pages nor do we have any control over them. We recommend that our users carefully read the terms of use on any and all third party websites.
9. Brands and Trademarks
PSI.net and its associated logos are trademarks and / or registered trademarks of PSI.net Enterprises UG (hb. | Ltd.) in the EU and / or other countries. All rights reserved. Any use of our trademarks without our prior written permission is prohibited.
All other brands and trademarks used on our websites are the property of their respective owners.
10. General Provisions
10.1 Change of Terms of Use
PSI reserves the right to change and/or update these Terms of Use from time to time. However, the terms and conditions that were valid at the time of your order on our website will remain in full effect. An amendment to these Terms of Use cannot be applied to an order that was placed prior to the change going into effect. Each time you place a new order, you agree to the Terms and Conditions of Use applicable at that time of purchase.
Failure or action by PSI to assert any of the terms and conditions set forth herein shall not violate this provision, even on repeated occasions.
10.2 Changes of Provisions; Waiver
If the provisions of this Agreement are not legally effective either wholly or in part, and/or lose their legal effectiveness at a later date, this shall not affect the validity of the remaining provisions of the Agreement, and the applicable court or arbitrator shall construe the remaining provisions to most closely effect the intent of the parties expressed in such invalid or ineffective term. No delay or failure in exercising any right hereunder and no partial or single exercise thereof shall be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of this Agreement shall constitute consent to any subsequent breach.
10.3 Headings
The headings used within this Agreement are for the purpose of clarification only, and are therefore not part of said agreement.
10.4 Force Majeure
Neither party shall be deemed in default if its performance or obligations hereunder are delayed or become impossible or impractical by reason of any act of God, war, fire, unusual flood, storm, earthquake, labor dispute, accident, civil commotion, asteroid strike, epidemic, strikes, works to rule or go-slows, explosions, act of government or government agency or officers, or any other cause beyond such party's control.
10.5 Choice of Law; Forum and Jurisdiction
The validity, construction, interpretation and legal effects of this Agreement will be governed by the laws and judicial decisions of the Federal Republic of Germany and the European Community, excluding the UN purchase right, unless rules of foreign jurisdictions apply. The Parties agree that any action to enforce any provision of this Agreement or arising out of or based upon this Agreement shall be brought in a state or federal court of competent jurisdiction in Karlsruhe, Germany.
Version 1.01, May 28th 2019