Terms of Service
Last updated: 2026-04-23
1. Scope and Provider
These Terms of Service govern the use of software products, websites, and digital services provided by: Agata Hexe Studio Nicolas Lipko c/o COCENTER, Koppoldstr. 1 86551 Aichach, Germany Phone: +49 251 37984013 Email: [email protected] VAT ID: DE460388382 By purchasing, downloading, or using any of our products, you agree to these terms.
2. Products and Licenses
Agata Hexe® Studio offers mobile and desktop software applications distributed through the Apple App Store, Google Play Store, and our website. All purchases grant a personal, non-exclusive, non-transferable license to use the software. You may not copy, modify, distribute, sell, or reverse-engineer our software unless explicitly permitted. Licenses may be offered as subscriptions, one-time purchases, or lifetime licenses depending on the product.
3. Pricing and Payments
We don't publish fixed prices: the price of each app depends on your country and is calculated for you at checkout. It is displayed in your local currency where supported, includes applicable taxes, and nothing is charged until you confirm the purchase on the Buy button. Payments are processed by Paddle (Paddle.com Market Limited) acting as our Merchant of Record, or by Apple and Google for in-app purchases on their respective platforms. By completing a purchase through Paddle, you also agree to Paddle's terms of service and privacy policy. Paddle handles all payment processing, invoicing, and sales tax compliance on our behalf.
4. Right of Withdrawal (EU Consumers)
If you are a consumer in the European Union, you have 14 days to withdraw from a purchase without providing a reason, in accordance with Directive 2011/83/EU and §§ 355-356 BGB. An unequivocal statement (by email to [email protected] or by post) is sufficient — no specific form is required. For step-by-step instructions and the model withdrawal form, see our Refund page. Waiver for digital content: if you have downloaded and started using the product after giving prior express consent and acknowledgement, the withdrawal right may be waived in accordance with Art. 16(m) of Directive 2011/83/EU. This applies to purchases where access to the digital content was provided immediately at your request.
5. Refund Policy
Beyond the statutory right of withdrawal described above, the following refund policy applies: • Subscriptions: You may cancel at any time. Access continues until the end of the current billing period. No partial refunds for unused time. • One-time purchases and lifetime licenses: Eligible for a full refund within 14 days if the product does not function as described. Contact us with a description of the issue. • In-app purchases made through the Apple App Store or Google Play Store are subject to the refund policies of those platforms. All refund requests should be sent to [email protected].
6. Subscriptions and Cancellation
Some products are offered on a subscription basis (monthly or annual). Subscriptions renew automatically unless cancelled before the renewal date. • For subscriptions purchased via our website (Paddle): you can manage or cancel through the link in your confirmation email or by contacting us. • For subscriptions purchased via the App Store or Google Play: manage or cancel through your device's subscription settings. Cancellation takes effect at the end of the current billing period. No refund is issued for the remaining period after cancellation.
7. Availability and Updates
We strive to maintain the availability of our products but do not guarantee uninterrupted access. We may release updates, modify features, or discontinue products at our discretion. Where possible, we will provide reasonable advance notice of significant changes.
8. Intellectual Property
All software, content, designs, trademarks, and other intellectual property associated with Agata Hexe® Studio and its products remain our exclusive property. Your license to use the software does not transfer any intellectual property rights. Agata Hexe® is a trademark of Nicolás Lipko, filed with the European Union Intellectual Property Office (EUIPO) under application number 019341972. The mark is currently published and pending registration. All uses of Agata Hexe, Agata Hexe®, or derivative marks (e.g. "by Agata Hexe") in association with software, SaaS, AI platforms, or related services are claimed under this application (Nice classes 9 and 42).
9. Limitation of Liability
Our liability follows the tripartite structure established by German law (§ 309 Nr. 7 BGB): (a) Unlimited liability. We accept unlimited liability for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and for the breach of any express guarantee we have given. (b) Simple negligence — cardinal duties only. For simple negligence (einfache Fahrlässigkeit) in the breach of cardinal contractual duties (wesentliche Vertragspflichten — duties whose fulfillment is essential for the proper performance of the contract and on whose observance you may regularly rely), our liability is limited to damage that is foreseeable and typical for this type of contract. For purposes of this clause, the foreseeable typical damage shall be deemed not to exceed the amount you paid for the product in question during the 12 months preceding the claim. (c) All other cases. Liability for simple negligence in the breach of non-cardinal duties is excluded. Your mandatory statutory rights as a consumer under EU or German law remain unaffected.
10. Privacy
Your privacy is important to us. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal data.
11. Governing Law and Dispute Resolution
These terms are governed by the laws of the Federal Republic of Germany. If you are a consumer in the EU, you also benefit from mandatory consumer protection provisions of your country of residence. The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and currently not willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Changes to These Terms
We may update these Terms of Service from time to time. Material changes will be communicated through our website. Continued use of our products after changes constitutes acceptance of the updated terms.