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Gen­eral Terms

Gen­eral Terms and Con­di­tions of Ser­vice and Busi­ness
of Truf­flepig IT-Foren­sics GmbH

I. Sub­ject of the Con­tract, Cus­tomer Ser­vice, Changes

Sec­tion 1 - Sub­ject of the Gen­eral Terms and Con­di­tion

(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 con­tact@truf­flepig-foren­sics.com.

Sec­tion 2 - Changes of the Terms and Con­di­tions

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.

II. Reg­is­tra­tion for Sub­scrip­tion, Han­dling of Lo­gin Data, Can­cel­la­tion of Sub­scrip­tion

Sec­tion 3 - El­i­gi­bil­ity for Reg­is­tra­tion

(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.

Sec­tion 4 - Reg­is­tra­tion on the Web­site, 14 Day Right of With­drawal for con­sumers, Cor­rec­tion of In­put Er­rors, Con­clu­sion of Con­tract, Stor­age of Con­trac­tual Text

(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.

Sec­tion 5 - Re­spon­si­bil­ity for Lo­gin Data

(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.

Sec­tion 6 - Up­date of Pur­chaser 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.

Sec­tion 7 - Term of Sub­scrip­tion, Pause of Sub­scrip­tion, Can­cel­la­tion of Sub­scrip­tion

(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.

III. Ser­vices and Con­tents in the Soft­ware

Sec­tion 8 - Range of Ser­vices and Avail­abil­ity of Ser­vices

(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).

Sec­tion 9 - Change of Ser­vices

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.

Sec­tion 10 - Pro­tec­tion of Con­tent, Re­spon­si­bil­ity for Con­tent of Third Par­ties

(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.

IV. Use of the Ser­vices on the Web­site Through You, Costs

Sec­tion 11 - Ex­tent of Per­mit­ted Use, Mon­i­tor­ing of User Ac­tiv­ity

(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.

Sec­tion 12 Costs, Pay­ment

(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.

Sec­tion 13 - Right of Use for the Soft­ware

(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.

Sec­tion 14 - Pro­hib­ited Ac­tiv­i­ties

(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.

Sec­tion 15 - Block­ing of Ac­cess to the Soft­ware

(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.

V. Pro­cess­ing of Per­sonal Data

Sec­tion 16 - Data Pro­tec­tion

(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.

(2) Please re­fer to our sep­a­rate Pri­vacy Pol­icy, which you can see here.

VI. Lim­i­ta­tion of Li­a­bil­ity

Sec­tion 17 - Lim­i­ta­tion of Li­a­bil­ity for Free Ser­vices

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.

VII. Fur­ther Pro­vi­sions

Sec­tion 18 - Ap­plic­a­ble Law, Venue Clause, Lan­guage of Con­tract

(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.

Sec­tion 19 - Re­quire­ment of text form

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 con­tact@truf­flepig-foren­sics.com.

Sec­tion 20 - Al­ter­na­tive Dis­pute Res­o­lu­tion in Ac­cor­dance with Ar­ti­cle 14 Num­ber 1 of the Reg­u­la­tion on Con­sumer ODR and Sec­tion 36 of the Act on Al­ter­na­tive Dis­pute Res­o­lu­tion in Con­sumer Mat­ters (VSBG)

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.

VIII. Fur­ther Pro­vi­sions on the Pur­chase of Mer­chan­dis­ing Ar­ti­cles

Sec­tion 21 - Prop­erty Reser­va­tions

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.

Sec­tion 22 - Right of With­drawal for Eu­ro­pean Con­sumers

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.

Sec­tion 23 - War­ranty and Li­a­bil­ity

The war­ranty and li­a­bil­ity for de­fects com­ply with the le­gal pro­vi­sions of Ger­many and the Eu­ro­pean Union.

As at 01. June 2021