(1) The Trufflepig IT-Forensics GmbH, Derbystraße 12, 85276 Pfaffenhofen an der Ilm, Germany, registered in the trade register of the district court of Ingolstadt under HRB 9524 and its affiliated entities (hereinafter referred to as "Service Provider") sells software products (hereinafter referred to as "the Software") under https://trufflepig-forensics.com (hereinafter referred to as "the Website") which enables users to properly purchase further software or services currently provided on the Website to the extent of the respective availability. More details about the Software and the Service Provider's description of services are listed in section 8.
(2) The present Terms and Conditions define the provision of services through the Service Provider and the use of these services through you as a properly registered purchaser.
(3) See here for information on the Service Provider.
(4) You can contact the customer service of the Service Provider via e-mail firstname.lastname@example.org.
The Service Provider reserves the right to change these Terms and Conditions at any time with effect for the existing contractual relationships as well. The Service Provider will inform you of such changes at least 14 calendar days before the planned changes come into effect. Should you not object to the changes within 14 days upon receiving the notification and continue to use the services even after the objection period has ended, the changes are considered to be effectively agreed upon. In case of objection the contract will persist under the previous conditions. The Service Provider will inform you of your right of objection and of the consequences in the notification on the upcoming changes.
(1) The use of the services provided on the Website requires no prior registration. There is no right to purchase. The Service Provider has the right to refuse requests for purchasing Software without stating any reasons.
(2) Only purchasers who are of age and have unlimited legal and economic capacity are permitted to purchase Software on the Website. Underage persons are not allowed to use the Software.
(1) The purchase of Software requires the completion of the sales process including the completion of all data necessary for the sales process. Your contact details inquired by the Service Provider during the sales process and other data you enter must be complete and accurate.
(2) The Service Provider offers you a choice of three subscriptions of the Software that is currently Trufflepig Nexus: Monthly subscription, annual subscription with upfront payment and annual subscription with monthly installments. The payable fee for the use of the respective subscription will be displayed during the registration process. For more details on the respective range of services see section 8. The requested subscription must be selected during the registration process. You will receive a refund of the payable fee from the Service Provider, if you withdraw from the contract within the legal withdrawal period of 14 days for consumers and no earlier than on the 15th day after registration.
(3) A Software Contract is concluded as follows: The details presented on the Website by the Service Provider are non-binding requests for the interested party to submit an offer. The future purchaser selects the required subscription and sends off his or her offer. The future purchaser is bound to this offer for three working days. The future purchaser receives an e-mail containing an order confirmation including the order details. During this time the Service Provider can accept the offer by providing the purchaser a link to download the software. The Software contract is concluded with the activation of the link. The purchaser is then entitled to use the Software within the scope of these Terms and Conditions.
(4) The Service Provider offers consumers a 14 day withdrawal period according to European consumer law. For the specific details and conditions, see the separate instructions on your right of withdrawal.
(5) If the right of withdrawal specified in subsection 4 is not exercised, the contract is concluded for the originally selected term of contract and may be cancelled in accordance with section 7. If the right of withdrawal is exercised within the deadline of the withdrawal period and in accordance with the regulations, the contract is dissolved with immediate effect and the right of using our services lapses. The account will be deleted.
(6) After the contract term of the chosen subscription has ended, you can change from one subscription to another.
(7) During the ordering process you can change or correct your submitted data or cancel the order completely by closing the browser tab. You will receive more information on the correction of input errors during the ordering process.
(8) The Service Provider stores the wording of the contract on their systems. For safety reasons, purchasers have no access to these. Purchasers will receive the wording of the contract with activation of their download link via the e-mail address provided to us.
(1) In the course of the registration process you will be asked from the Service Provider or its service partners to enter your data. You can use these details to log on to the Website after your purchased Software has been activated and you have received an order confirmation as specified in section 4 subsection 3. It is your responsibility to choose a user name which does not infringe the rights of third parties, especially name or trademark rights, and which is not contrary to public policy or morality.
(2) You must keep your login data including your password secret and safe from unauthorised third parties.
(3) It is also your responsibility to ensure that your access to the Website, the Software and the provided services are only used by you or by the persons authorised by you. Should there be reason to believe that unauthorised third parties have gained or will gain knowledge of your login data, the Service Provider has to be informed immediately. In accordance with legal provisions, you are liable for any use or other activity conducted under your login data.
You are obligated to keep your data (including your contact details) up to date. Should your initially submitted data change in the course of the use of the Software, you must inform the Service Provider via e-mail immediately.
(1) The term of the subscription is one (1) month or one year and is extended for one (1) further month or one further year if the subscription is not canceled using the Portal before the end of the subscription term.
(2) The right to extraordinary termination due to good cause remains unaffected.
(3) As soon as the cancellation becomes effective, you may no longer use the Software.
(4) The Service Provider has the right to definitively delete all data generated in relation to your purchase after a period of 30 calendar days upon effective cancellation of the contract or upon termination of the contract according to section 7 subsection 4 and after the end of legal retention periods.
(1) The Software Trufflepig Nexus currently supports:
Analysis of x86-64 Windows 10 RAM images
Extraction of all usual artifacts like processes, network connections, registry and possibility to cross-correlate these artifacts with artifacts of the hard disk
Visualisation oft the results in an intuitive and smart frontend
Access to continuous updates and improvements
The entitlement to use the Software provided on the Website is only given within the scope of the technical and operational capacities of the Service Provider. The Service Provider makes every effort to provide a constant usability of services. However, temporary limitations or interruptions may occur due to technical faults (e.g. interruption of power supply, hardware or software bugs, technical problems in the data lines).
The Service Provider is entitled to change free services available on the Website, to provide new free or paid services, and to stop the provision of free services at any time. The Service Provider will consider your legitimate interests, respectively.
(1) The content provided on the Website and the Software is largely protected by copyright or comparable rights or other protection rights and is the property of the Service Provider, the other participants or other third parties who have provided the content, respectively. The composition of the content as such is possibly protected as a data base or a sui generis database right according to German and European Law. You may only use this content in compliance with these Terms and Conditions and within the scope provided on the Website.
(2) The content available on the Website and the Software is partly provided by the Service Provider and partly by other participants or other third parties. Content of participants or other third parties is hereinafter collectively referred to as "third-party content". The Service Provider does not check third-party content for completeness, accuracy or legality and therefore assumes no responsibility or liability for the completeness, accuracy, legality or up-to-date nature of third-party content.
All content provided on the Website or the Software or the payment process is third-party content, except content labelled with a copyright notice of the Service Provider.
(1) Your right of use is limited to the access to the Website and the use of the Software within the scope of the regulations specified in these Terms and Conditions.
(2) You are personally responsible for providing the technical conditions necessary for the contractual use of the Software. The Service Provider does not owe you any advisory services in this regard.
(3) The Service Provider informs you that user activities may be monitored to the extent permitted by law. This may also include logging and analysing IP connection data and conversations if there are specific reasons to suspect a violation of the present Terms and Conditions and/or to suspect another illegal activity or crime.
(1) The respective costs per Monthly subscription, annual subscription with upfront payment and annual subscription with monthly installments are calculated using the current price list of the Service Provider.
(2) The complete checkout and payment process is handled by a third party. Their terms and conditions apply.
(1) Unless extensive use is explicitly granted in these Terms and Conditions or on the Website or enabled through an according feature on the Software,
You may only access the Software or the Website online for personal purposes. This right of use is limited to the duration of your contractual subscription
You are prohibited to edit, change, translate, present, publish, exhibit, reproduce or distribute the content provided on this website or Software in its entirety or in parts. You are also prohibited to remove or change copyright notices, logos or other labels or proprietary notices.
You are required to install a provided software known as “the updater”. For offline installations you are required to run the updater on an online system and transfer the updates manually to the offline system. On online systems the updater automatically updates the licensed software. You are required to perform at least one update within three weeks after each subscription renewal to allow the license to be updated.
(2) You are entitled to download or print content only if the possibility to download or print certain content is provided through a corresponding feature (e. g. a download button). You will receive an indefinite and non-exclusive right to use the Software you have properly downloaded for non-commercial purposes. An additional prerequisite for receiving these rights is the full payment of the subscription. All rights to the content remain with the original copyright holder (i.e. the Service Provider or the respective third party).
(3) Your mandatory legal rights remain unaffected.
(1) The Software provided on the Website is destined solely for non-commercial and commercial use within the scope of your normal business activities. Any use related to or for commercial purposes like reselling or distributing the Software to third parties is prohibited, unless the Service Provider has explicitly granted you use of that kind in written form.
(2) Any activities on or related to the Website or the Software violating current law, the rights of third parties or the Intellectual Property of the Service Provider or any Third Party are prohibited.
(3) Irrespective of a possible violation of law, the following activities are also prohibited:
spreading viruses, Trojans or other malware
sending junk mails, spam mails or chain letters;
(4) Any activity that could impair the smooth operation of the Website and the Software, in particular that could overload the systems of the Service Provider, is also prohibited.
(5) If there are reasons to suspect any illegal or criminal activity, the Service Provider is entitled and possibly also obligated to check your activities and to take appropriate legal action if necessary. This may involve delegating facts to the law enforcement authorities.
(1) The Service Provider can block your access to the Software temporarily or permanently if there are specific reasons to assume you are breaching or have breached these Terms and Conditions and/or current law, or if the Service Provider has another legitimate interest in blocking your access. In the decision process of whether to block your access to the Software, the Service Provider will justly consider your legitimate interests.
(2) In case the decision is made to block your access to the Software temporarily or permanently, the Service Provider will pause your subscription and will inform you via e-mail.
(3) In case your access to the Software is blocked temporarily, the Service Provider will reactivate your subscription after the blocking period has ended and will inform you via e-mail. A permanently blocked subscription cannot be reinstated. Persons whose access is permanently blocked may not repurchase the Software.
(1) The quality standards of the Service Provider include the responsible handling of the personal data of purchasers. Therefore, the data generated due to your registration on the website and the use of the available Software will only be gathered, stored and processed by the Service Provider if this is necessary in order to provide the services specified in the contract and if it is permitted by legal provisions or prescribed by the legislators. The Service Provider will handle your personal data confidentially and in compliance with the provisions of current data protection law and will not pass it on to third parties.
Should you have suffered damage from using the Website or the Software, the Service Provider is only liable if the damage occurred due to the contractual use of free content and/or services and only in case of intent (including malice) and gross negligence of the Service Provider.
(1) For all legal relations of the parties, German Law applies, with the exception of the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that they are not deprived of the protection granted to them by the mandatory legal provisions of the countries in which they have their habitual residence.
(2) If the customer is an entrepreneur, legal person of public law or special fund under public law, the exclusive venue for all disputes resulting from this contract is Munich/Germany. This also applies if the customer has no place of general jurisdiction in Germany or the EU or if the place of residence or habitual residence is unknown at the time when legal action is taken. The right to also appeal to a court at a different place of jurisdiction remains unaffected.
(3) The language of contract is German or English. If both languages are available the German version shall prevail.
All declarations made on the Website have to be made in text form (e.g. e-mail), unless explicitly specified otherwise in these Terms and Conditions. The e-mail address of the Service Provider is email@example.com.
The European Commission provides a platform for online dispute resolution (ODR), which you can find under http://ec.europa.eu/consumers/odr/. We are not obligated and generally not willing to participate in a dispute resolution procedure before such a consumer arbitration body.
The intellectual property remains the property of the Service Provider. The software is licensed, not sold. Under this agreement, we grant one person per purchased license at a time (“the licensed user”) the right to use the software, so long as you comply with all the terms of this agreement. The software may be installed on multiple devices but only used on one ( “the licensed device”) per purchased license at a time.
Consumers residing in a member state of the European Union have a right of withdrawal. See here for our accessible instructions on your right of withdrawal.
The warranty and liability for defects comply with the legal provisions of Germany and the European Union.
As at 01. June 2021