General Terms and Conditions (AGB)

for the temporary transfer (rental) of software

§ 1 - Scope of application, definitions

These GTC apply to all contracts between Better Living UG (haftungsbeschränkt), Greifswalder Str. 87, 10409 Berlin ("Provider") and customers for the temporary provision of software for use in return for payment. Deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity.

The customer is an entrepreneur within the meaning of Section 14 (1) BGB.

§ 2 - Conclusion of contract

The contract is concluded with Better Living UG. The software products presented on the website do not constitute a binding offer, but an invitation to submit an offer. The customer submits a binding offer by placing an order. The contract is concluded upon order confirmation or provision of the software.

§ 3 - Prices, due date, payment

All prices are net prices plus statutory VAT. There are no shipping costs. The payment methods specified in the online shop apply.

Payment is made via PayPal or Stripe in accordance with their terms and conditions. Payment is due upon conclusion of the contract. Offsetting is only permitted with undisputed or legally established claims.

§ 4 - Subject matter of the contract and provision of services

The provider makes software available to the customer for use on a temporary basis. No ownership of the software is expressly transferred.

Provision shall take place within the period specified in the online shop after receipt of payment. The customer receives a simple, non-transferable, non-sublicensable right of use for the term of the contract. Updates and maintenance are included, unless otherwise agreed. Support services for extensions and/or customisations must be booked separately.

The period of use and the activation of the software are logged. Access is only possible if the system requirements and Internet connection (for cloud models) are met.

§ 5 - Obligations of the customer

The customer may only use the software to the extent agreed in the contract. Reverse engineering, transfer to third parties or modifications are prohibited.

The customer is responsible for compliance with legal requirements and industrial property rights when using the software. The provider does not undertake any legal examination.

The customer shall indemnify the provider against all third-party claims that are attributable to unlawful use of the software by the customer.

§ 6 - Liability for defects / Warranty

The software is provided in the current version. The provider accepts no liability for incompatibilities with customer systems, unless these have been expressly guaranteed.

Defects must be reported immediately in writing. The provider has the right to rectify the defect. If two attempts at rectification fail, the customer may reduce the fee or withdraw from the contract.

§ 7 - Liability

The liability of the provider is excluded, unless there is intent, gross negligence or a breach of essential contractual obligations. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract.

The provider is only liable for data loss if the customer has fulfilled his obligation to back up data.

§ 8 - Term and cancellation

The contract is concluded for the duration specified in the online shop. It will be automatically renewed if it is not cancelled in due time. Cancellation periods are 14 days to the end of the term. The right to cancel without notice for good cause remains unaffected.

The right of use ends automatically at the end of the contract. The customer is then no longer authorised to use the software.

§ 9 - Right of cancellation

There is no right of cancellation, as only entrepreneurs are contractual partners.

§ 10 - Data protection

The provider's privacy policy applies. The provider processes personal data only for contract processing.

§ 11 - Applicable law and place of jurisdiction

The law of the Federal Republic of Germany shall apply. The place of jurisdiction is the registered office of the provider if the customer is a merchant.

Should individual provisions of these GTC be invalid, the remainder of the contract shall remain valid.

 

Further General Terms and Conditions

for sales partners in structural sales (multi-level marketing) - IT software products

1. scope of application

These GTC govern the cooperation between Better Living UG (haftungsbeschränkt) (hereinafter "Provider") and the independent sales partner (hereinafter "Partner") within the framework of the sales structure model for IT software solutions. B2B law applies exclusively. Consumers according to § 13 BGB are excluded from participation.

2. subject matter of the contract

• The provider operates a sales system for software solutions based on multi-level referral marketing.
• The partner is authorised to actively sell the provider's software products and to recruit new sales partners.
• The partner is self-employed and is neither a commercial agent nor an employee.
• The software is provided to the end customer for use in return for payment. This is not a purchase, but a temporary licence for use.
• The sales partner has no right to licence the software itself or to make technical changes, but only to act as an intermediary.
• All rights to the software remain with the provider.
• The end customer may only use the software to the extent agreed in the contract.
• The software is provided "as is". The provider is only liable for technical defects to the extent permitted by law.
• The sales partner is not liable for software errors - only the provider is responsible.
• The Partner is obliged to make only truthful and verifiable statements about functions, prices, licences and licence models.

3. participation requirements

• Only entrepreneurs within the meaning of §14 BGB are eligible to participate.
• The partner must be at least 18 years old and present a valid business registration.
• The provider may reject applications without giving reasons.
• Participation on the basis of fictitious data, false company information or on behalf of third parties is prohibited.

4. obligations of the partner

• The partner acts at its own risk and in its own name.
• No misleading or unrealistic statements may be made about products, income or the remuneration system.
• The partner undertakes to comply with the legal and ethical standards in direct sales.
• Advertising may only be carried out using materials and channels authorised by the provider.
• The partner undertakes to actively cooperate in the clarification of internal investigations in the event of suspected system misuse.

5. remuneration and commission system

• The partner receives commissions for directly brokered product sales as well as for sales of recruited partners in accordance with the current remuneration plan.
• An entitlement to commission only arises in the case of fully paid, effective contracts with end customers.
• There is no entitlement to fixed remuneration or minimum turnover.
• Billing is monthly, payment is made once a minimum limit of €100 is reached.
• Chargebacks, cancellations or terminations lead to the subsequent reduction or reclaiming of commissions already paid out.
• The partner is responsible for the proper taxation of his/her income.

6. structure building & downline

• The partner may recruit new partners and integrate them into his downline.
• The provider may make structural changes if manipulation, duplicate accounts or system misuse are detected.
• The entitlement to commission from the downline expires upon termination of the partner contract.
• The transfer or sale of structures is prohibited without the express authorisation of the provider.

7. rules of conduct & contractual penalties for improper use

In particular, the following are prohibited:

• Snowball systems, obligation to purchase own turnover to maximise commission
• Exertion of pressure, false promises (e.g. "guaranteed passive income")
• Recruiting consumers as sales partners
• Misleading or aggressive sales methods

Other prohibited practices:

• Creating or managing dummy or multiple accounts
• Inventory loading without real customer demand
• Push purchases to artificially increase rank (rank stuffing)
• Cross-sponsoring or unauthorised re-placements
• Manipulation through fictitious orders or chargebacks
• Bypassing IP/region locks with third-party data
• Participation in pyramid or chain letter-like models without real product sales

Sanctions:

• Blocking or reclaiming commissions
• Termination of cooperation without notice
• Initiation of legal steps including compensation for damages

The Partner expressly recognises these rules as a basic requirement for participation in the sales system.

8. contract term & cancellation

• The contract term is unlimited and can be cancelled with 30 days' notice to the end of the month.
• In the event of serious violations, the provider may terminate the contract without notice.
• All rights to commission from downlines expire at the end of the contract.
• Reinstatement as a partner after cancellation without notice is permanently excluded.

9. liability

• The provider is only liable in cases of intent or gross negligence.
• There is no liability for indirect damage, loss of profit or system failures.
• The partner is responsible for the fulfilment of tax and social security obligations.
• The provider accepts no liability for legal consequences arising from advertising campaigns carried out independently by the partner.

10. data protection

• The partner undertakes to comply with the GDPR vis-à-vis its own customers and acquired partners.
• Personal data is processed exclusively for the fulfilment of the contract.
• The provider reserves the right to carry out random checks of data protection-compliant implementation.

11. final provisions

• German law shall apply exclusively. The place of jurisdiction is the registered office of the provider.
• The partner shall be notified of changes to the GTC in text form. If the partner does not object within 14 days, these shall be deemed accepted.
• Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

 

Remuneration plan - structured sales of software rental (MLM model)

Valid for acquisition and lifetime commissions across 4 levels

Acquisition commission (one-off on initial sales per customer)

The partner receives a one-off commission on the irrevocably concluded and paid initial salesstaggered over four downline levels.

Example calculation: 300 € initial turnover

Level	Base	Set	Calculation	Commission (€)
1st level	Direct sales	50 %	300 € × 50 %	150,00 €
2nd level	1st level commission	30 %	150 € × 30 %	45,00 €
3rd level	1st level commission	10 %	150 € × 10 %	15,00 €
4th level	1st level commission	5 %	150 € × 5 %	7,50 €

Lifetime commission (recurring monthly on subsequent sales)

The partner receives a Recurring commission on paid follow-up sales (e.g. monthly software rental).

Level	Calculation basis	Set	Calculation	Commission (€)
1st level	300 € turnover	30 %	300 € × 30 %	90,00 €
2nd level	1st level commission	30 %	90 € × 30 %	27,00 €
3rd level	1st level commission	10 %	90 € × 10 %	9,00 €
4th level	1st level commission	5 %	90 € × 5 %	4,50 €

The partner receives no commission on any fees for setup, service and expansion work.