Terms and Conditions

Draft · Version 1.0 · 2026-10-03 · Not legal advice – have it reviewed by a lawyer before publishing. The German version is binding.

1. Scope and provider

The provider is Ozan Polat, Buschkrugallee 208, 12359 Berlin, Germany ("provider"). These terms apply to all contracts for the software "Photography Workbench" (a Windows desktop application, "software") and the website photographyworkbench.com – with consumers (§ 13 BGB) and businesses (§ 14 BGB).

Classification: photographers who use the software for their self-employed or commercial activity generally act as businesses – even if they start as sole traders or small businesses (§ 19 UStG). A consumer is only a person acting predominantly for private purposes. The concrete purpose of use is decisive. Conflicting terms of the customer do not become part of the contract unless the provider expressly agrees in text form.

2. Subject matter and scope of licence

The software is provided as a one-time purchase download. The scope of functions follows the product description and the chosen tier (Basic, Pro, Ultra). There is no subscription and – without a separate agreement – no ongoing maintenance.

The provider grants the customer a simple, non-exclusive, perpetual and non-transferable right to use the software for their own purposes. The licence scope follows the tier (usually one natural person on one device). Passing on, renting, making publicly available or reselling the licence is not permitted. Decompilation, reverse engineering and modification are permitted only within §§ 69d, 69e UrhG.

Provision of licence keys and activation: to be added once sales are enabled.

3. Provision and system requirements

Provision takes place by making the download and, if applicable, a licence key available. The customer is responsible for the required hardware, a suitable operating system and an internet connection for the one-time download. The system requirements (incl. Windows 10/11, 64-bit; RAM; free disk space for the application and the one-time AI model download) are set out in the product description. No specific availability of the website or third-party downloads is promised.

4. Prices and payment

The prices stated at the time of the order apply, in euros, including statutory VAT unless otherwise stated. If the small-business rule (§ 19 UStG) is applied, no VAT is shown. Payment is processed via the payment provider named in the checkout (placeholder – to be specified later). For digital products, provision begins once payment has been received.

5. Updates, upgrades and further development

At the time of provision, the software has the functional scope documented in the product description. Without a separate maintenance or support contract, the provider does not owe any updates, upgrades, new features or bug fixes after provision. A one-time purchase does not create any ongoing obligation to maintain the software, adapt it to new operating systems or provide new versions free of charge.

The provider may release updates at its own discretion; there is no entitlement to them. Statutory rights of the customer – in particular warranty under section 6 – remain unaffected.

6. Warranty and liability for defects

Consumers: Statutory warranty applies (§§ 327 ff., §§ 434, 437 BGB). The software must be provided free of defects affecting its agreed quality. The limitation period for defect claims is two years from provision. For digital products, the statutory update obligation applies only within § 327 f. BGB.

Businesses (B2B): The provider warrants that, at the time of provision, the software substantially corresponds to the product description. The business must notify defects without undue delay after discovery in text form and grant the provider a reasonable period for subsequent performance. The limitation period for defect claims is shortened – to the extent legally permissible – to twelve (12) months from provision. No warranty is given for fitness for a particular purpose or for achieving a particular result unless expressly warranted in text form.

There is no quality guarantee within the meaning of § 443 BGB unless expressly declared in writing. Mandatory statutory rights remain unaffected.

7. Liability

The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act. For slight negligence in the breach of essential contractual duties, liability is limited to the foreseeable, contract-typical damage and capped at the purchase price paid for the software.

Except for intent and gross negligence, liability is excluded for indirect damage, consequential damage, lost profit, business or schedule interruption and data loss.

Data backup: The software processes only local files (incl. photos, catalogues, XMP sidecars and databases) on the customer's device. The customer is responsible for regularly backing up their data. The provider is not liable for data loss or damage caused by missing backups, improper use or changes to the system environment. Mandatory consumer rights (§§ 327 ff. BGB) and liability under the Product Liability Act remain unaffected.

8. Right of withdrawal (consumers)

Withdrawal instructions

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Ozan Polat, Buschkrugallee 208, 12359 Berlin, email: [email]) of your decision to withdraw from this contract by an unambiguous statement (e.g. a letter sent by post or an email). You may use the model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal: If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we received your communication of withdrawal. We will use the same means of payment as you used for the original transaction unless expressly agreed otherwise.

Special rule for digital content (§ 356(5) BGB): The right of withdrawal expires once we have begun performance of the contract after you have expressly consented and at the same time confirmed that you lose your right of withdrawal once performance begins. By completing the order and receiving the immediate download, you expressly consent to the start of performance and the loss of the right of withdrawal. (This consent and confirmation must be obtained in the checkout process.)

Model withdrawal form: "I/We hereby withdraw from the contract concluded by me/us for the purchase of the following software: Photography Workbench (tier: ______). Ordered on: ______. Name/address of the consumer: ______. Date and signature (only for communication on paper): ______."

Businesses (B2B): There is no statutory right of withdrawal for businesses.

9. Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory consumer-protection provisions of their country of habitual residence remain unaffected. Jurisdiction is Berlin, to the extent legally permissible. For consumers in the EU, the statutory place of jurisdiction remains. The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10. Final provisions

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected (§ 306 BGB). Changes to these terms are made only with active consent; silence is not consent. The German version is legally binding. Version dated 2026-10-03.