Terms and conditions
Within the scope of bioprogramming, Softmark develops Medicodes for the elimination of informational disorders in the human organism. Both miasmatic and karmic disorders can be reprogrammed by knowing the respective causalities through inversions. Corresponding successes are to be verified both in an improvement of the clinical symptoms as well as the results in the analysis of so-called non-linear systems.
Type and scope of services
Softmark provides the customer with a personalized Medicode that can be printed by the customer via a printer. The QR code includes electronic instruction documentation.
The buyer of a Medicode is entitled to print out the code as often as desired and to apply it according to instructions. Transfers to third parties are not permitted and also not useful, since it is a personalized Medicode.
Delivery and notification of defects
The Medicode is provided to the customer for download and additionally as an email in the attachment.
The billing of Medicodes is done by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg
Softmark is also entitled to copyrights for the QR coding. A legal defect exists if the customer could not be granted the rights required for the contractual use.
Warranty claims due to defects in quality and title expire one year after delivery.
Softmark makes no promise of healing and does not replace any medical treatment. The use of QR Medicodes should, if possible, be carried out in consultation with the attending physician and possibly in addition to a medical treatment.
Softmark is liable for intent and gross negligence on the part of its legal representatives and executives as well as for personal injury, serious organizational negligence and according to the Product Liability Act in accordance with the statutory provisions.
Incidentally, irrespective of the legal grounds, Softmark is only liable for slight negligence and only if an obligation is violated whose observance is of particular importance for the achievement of the purpose of the contract (cardinal obligation) and only for foreseeable damages, typically must be expected with their emergence.
In individual cases, liability is limited in terms of sum to the amount of the license fee. The customer will inform Softmark if the foreseeable damage exceeds this sum.
The above provisions also apply in favor of the employees or vicarious agents of Softmark. The limitations of liability do not apply in the absence of a warranted quality, willful misconduct, gross negligence or injury to life, limb or health. Claims of the customer for compensation for loss of profit are excluded.
Rights of third parties
Softmark warrants that the services provided as part of this contractual relationship as well as submitted materials and data do not violate the rights of third parties.
Assignment, set-off and retention ban
The assignment of rights from this contract and the transfer of this contract by the customer as a whole require the prior written consent of Softmark.
Set-off or retention by the customer of claims by Softmark arising from this contract or any related non-contractual claims is only permitted if the due counterclaim has been legally established or is undisputed.
The parties shall mark as confidential all information which they or third parties used by them for the purpose of fulfilling the contract within the framework of the contractual cooperation and which as such are recognizably received directly or indirectly, kept secret and not disclosed to third parties. This also applies after termination of the contractual relationship.
The obligation to secrecy does not apply if this information was already known or becomes known in public or in breach of secrecy. This also does not affect statutory or statutory disclosure requirements by authorities or courts; in appropriate cases, the contracting party must be informed and the procedure to be agreed with him.
The parties shall similarly oblige their vicarious agents, who are aware of the contract or are involved in the negotiations, to keep the knowledge and information they have acquired secret even after the departure of these employees from their respective employment relationships. The parties mutually undertake to store all mutually exchanged written information and knowledge in a closed manner and to return it to the other contracting party without delay on request without the production of copies and / or other records.
Changes, additions and cancellation of the contract must be made in writing or in electronic form. The telecommunication investigation is not enough for this. This also applies to the cancellation of this clause.
German law shall apply. The exclusive place of jurisdiction for legal disputes is Munich.
Should any of these terms be totally or partially invalid and / or unenforceable, the validity and practicability of all other provisions shall remain unaffected. The ineffective and / or unenforceable provision shall in this case be deemed replaced by the effective and / or enforceable provision which comes closest to the economic purpose pursued by the parties. The above applies accordingly if the contract contains gaps.