Terms & License Conditions

Section 1 — Scope and contracting parties

These Terms and Conditions and License Terms ("Terms") govern the purchase and use of the "Shopfloor Management Kit" — a personalised digital download package consisting of Excel workbooks, a PDF guide and print templates — via the website factorytoolkit.com, operated by Melanie Beck factorytoolkit, Wiesneckstr. 21, 79256 Buchenbach ("we"). Contact: info@factorytoolkit.com.

Payment is processed by Stripe ("Stripe Managed Payments") as payment provider and merchant of record; Stripe handles invoicing and tax and provides its own purchase terms during checkout. These Terms apply in addition and, for all product-related matters, with priority — in particular to the licence, the use of the kit and the permanent regeneration via the kit key. In the event of a conflict between Stripe's purchase terms and these Terms, these Terms prevail with respect to the usage rights in the kit.

The kit is aimed at manufacturing companies (B2B) but may also be purchased by consumers. Provisions applying exclusively to business customers (Section 14 of the German Civil Code, BGB) are marked accordingly. Mandatory consumer protection rights remain unaffected.

Section 2 — Subject matter

The subject matter of the contract is the one-off provision, against payment, of personalised digital content: the kit is generated individually for you based on the data you enter in the configurator (in particular company name, workstations, shift model, KPIs) (one-time purchase, no subscription).

The scope of functionality follows from the product description on the website at the time of purchase. The kit is designed for Microsoft Excel (desktop); its use requires your own valid Excel licence, which is not part of the kit.

Section 3 — Licence (company-bound use)

Upon full payment you receive a perpetual, non-exclusive, non-transferable right to use the kit for internal purposes of the company named at purchase. The licence is company-bound: the company name provided at purchase is embedded in the generated files and used for every regeneration.

Within the same company or site, use by an unlimited number of internal users and at an unlimited number of workstations is permitted (including copying, printing and distributing the files within the company).

You may edit the files for internal purposes and adapt them to your operational processes (e.g. values, areas, thresholds, layout adjustments in Excel).

Section 4 — Prohibited uses

The following are not permitted in particular: (a) passing on, selling, renting out or otherwise making the kit or substantial parts of it available to third parties outside the licensed company — including in edited form; (b) making it publicly available or publishing it (e.g. uploading it to publicly accessible platforms); (c) removing or altering the company binding with the aim of use by another company; (d) providing the kit key to third parties or its use by third parties; (e) using the kit as the basis for your own competing product offering.

Consultants and service providers may use the kit on behalf of and for the purposes of the licensed company; use for further clients or their own purposes requires a separate purchase per company.

Section 5 — Kit key and free regeneration

With your purchase you receive a kit key. It permanently entitles you to regenerate the purchased product free of charge — including with a changed configuration (e.g. new workstations, changed shift model, different KPIs). Every regeneration uses the company name provided at purchase (Section 3).

The entitlement covers the purchased product in the version we make available from time to time. There is no entitlement to new product versions, additional features or new products; however, if we do provide improvements to the purchased product, you benefit from them at no extra charge when regenerating. Statutory update obligations (Section 9) remain unaffected.

Treat the kit key like a licence key and protect it from unauthorised access. If you lose it, contact support (Section 11); we can reissue the key and block the old one.

We are entitled to block the kit key if (a) it is passed on to or used by third parties contrary to Section 4, (b) the purchase price is refunded, or (c) a chargeback occurs. Files you have already downloaded remain technically unaffected by a block; however, in case (a) the right of use of the unlicensed third party ends, and in cases (b) and (c) the right of use ends altogether.

Section 6 — Price and payment

The price shown on the product page or in the checkout at the time of purchase applies. All prices are final prices and include the applicable statutory VAT; on the German-language website, the net amount (German VAT rate as a reference) is additionally shown for the orientation of business customers.

Payment is made using the payment methods offered in the Stripe checkout. You receive the invoice from Stripe as merchant of record.

Section 7 — Provision and download

After payment confirmation your kit is generated automatically and provided to you as a ZIP package via a download link. For data protection reasons the download link is time-limited (the provided package is deleted no later than 48 hours after creation); after that you can regenerate the kit free of charge at any time using your kit key (Section 5).

In addition to the product files, the ZIP package contains your kit key (Kit-Schluessel.txt) and your configuration (config.json).

Section 8 — Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. For details — in particular the early expiry of the right of withdrawal where the personalised digital content is supplied immediately (Section 356 (6) BGB) and the online withdrawal function (Section 356a BGB) — please see our withdrawal policy at /widerruf.

Section 9 — Warranty (digital products)

The statutory warranty rights for digital products apply (Sections 327 et seq. BGB); for business customers, the general statutory rights in respect of defects apply. The kit owes the characteristics stated in the product description at the time of purchase; no individual consulting or success commitments are associated with it.

To the extent we are legally obliged towards consumers to provide updates necessary to keep the kit in conformity with the contract (Section 327f BGB), we provide them via the free regeneration using the kit key (Section 5) and will inform you of available necessary updates in an appropriate manner.

Please report defects to support (Section 11) — with a short description and, if possible, your order identifier.

Section 10 — Liability

We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and under mandatory statutory provisions (e.g. the German Product Liability Act).

In cases of simple negligence, we are liable only for the breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely (cardinal obligations); in this case liability is limited to the foreseeable damage typical for this type of contract at the time of conclusion.

The kit is a tool for visualising and organising operational key figures. The professional assessment of the key figures and the business decisions based on them rest solely with you; we accept no liability in this respect. The above limitations do not apply where mandatory law (in particular Sections 327 et seq. BGB towards consumers) provides otherwise.

Section 11 — Support

We provide support by email at support@factorytoolkit.com. We endeavour to respond promptly; the purchase does not include a guaranteed response or resolution time.

Section 12 — Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Towards consumers this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the operator's registered seat.

Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.

These Terms are available in German and English; the German version is authoritative.