Terms

1. Scope and provider

These terms apply to the purchase and use of a license for FeedbackOwl for Laravel (the “Software”), a package for Laravel applications. The provider is

(“we”). The contracting party is the person or company that buys a license (the “customer”).

The customer’s own terms do not apply, even if we do not expressly object to them. Individual agreements take precedence over these terms.

2. Businesses and consumers

FeedbackOwl is aimed at businesses: developers, companies and agencies who build Laravel applications. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), their mandatory statutory rights remain unaffected. Any statutory right of withdrawal on a purchase is governed by Polar’s buyer terms, because Polar is the seller (section 4). Provisions that expressly apply only to businesses do not apply to consumers.

3. The Software and the licenses

The Software is installed with Composer in the customer’s own Laravel applications and runs on the customer’s servers. It is not a hosted service; we do not operate it for the customer and have no access to the customer’s data in it. The live demo at demo.feedbackowl.dev shows the Software and is free of charge.

There are two licenses, Developer and Agency. Both are one-time purchases, perpetual, non-exclusive and non-transferable. What each of them allows, and what neither allows, is set out in section 8.

4. Purchase through Polar, prices and payment

Licenses are sold through Polar, a merchant of record: Polar Software, Inc., 3500 South DuPont Highway, Dover, DE 19901, USA. For the purchase, Polar acts as seller and reseller: Polar enters into the purchase contract with the customer in its own name, processes the payment, issues the invoice and remits sales tax. The purchase is additionally governed by Polar’s buyer terms. In case of conflict, Polar’s buyer terms prevail for the purchase. We grant the license and provide the Software under these terms.

Prices are in US dollars, or in euros for customers in the euro area, plus VAT or other taxes where they apply, and are paid once at checkout. There is no subscription and no recurring charge.

5. Delivery and access

After payment, the customer connects their GitHub account in Polar’s customer portal, and Polar invites that account to the private repository of the Software. The customer installs the Software from there with Composer, using a GitHub token of their own. Access stays in place for as long as the license does and the Software is offered in that repository.

The customer keeps their access to themselves: they may not give anyone without a license of their own access to the repository or their token, except as section 8 allows for client applications.

6. Money back

We voluntarily offer a money-back guarantee: if the customer contacts support@feedbackowl.dev within 14 days of the purchase, we refund the full amount, no reason required. The refund is made through Polar to the original payment method. With the refund, the license ends and access to the repository is removed; the customer stops using the Software and deletes their copies of it. Statutory rights, such as a right of withdrawal under section 2, remain unaffected.

7. Updates and support

The license includes all updates we publish in the Software’s repository, for as long as it is offered there, with no further payment. We do not owe that updates are released at a particular time or with particular features. Before version 1.0, a minor version may contain breaking changes; each one is listed in the changelog.

Questions about the Software can be sent to support@feedbackowl.dev or raised as an issue in the repository. We answer them as far as we can, without a guaranteed response time. Support does not include adapting the Software to the customer’s application or setting it up for them.

8. Rights of use

With the purchase, the customer receives the rights of use of the license they bought. The license text in the Software’s repository (LICENSE.md) states the same rights.

Developer license

The customer may

• install and use the Software in any number of applications that they, or the company they buy it for, own and run themselves;
• run those applications for anyone, including as a hosted service for their users;
• change the Software for use in those applications.

Building applications for clients needs the Agency license.

Agency license

Everything the Developer license allows, and also:

• install and use the Software in any number of applications the customer builds for their clients;
• hand such an application over to the client with the Software inside it, for example in a folder of the application installed as a Composer path repository, so the client can run, deploy and maintain that application without a license of their own. The client may use the Software only in that application.

Who a license is for

• A license is for one person or one company, the one named on the purchase. Anyone working for a company buys it in the company’s name. Every company needs its own license; parent companies, subsidiaries and other companies of the same group are not covered by each other’s. The one exception is a client using an application handed over to them under the Agency license.
• An application built for, or on behalf of, someone else is a client application, also if the customer hosts it, runs it or shares in it. As a freelancer or contractor, that needs the Agency license.

Not allowed under either license

The customer may not

• distribute, sell, sublicense or publish the Software, or a changed version of it, in source code or any other form, on its own or as part of something others can install, such as a package, plugin, theme, template or starter kit;
• give anyone without a license of their own access to the Software’s repository, to their GitHub token, or to the Software other than as allowed above;
• use the Software, or its code, to offer a feedback, roadmap or changelog product or service to others, whether installed or hosted, for example boards that other businesses sign up for to collect their own users’ feedback (software as a service). Running the Software in the customer’s own application, for that application’s users, stays allowed;
• pass the license on to someone else or split it between several people or companies.

Other rights and breaches

All other rights in the Software and the FeedbackOwl brand remain with us. Open-source components bundled with the Software keep their own licenses, which are listed in the repository.

If the customer materially breaches these rights of use, in particular by passing the Software on, the license ends and we may remove their access to the repository; the customer then stops using the Software and deletes their copies of it. We inform the customer beforehand and take their legitimate interests into account.

9. Defects

The statutory provisions on defects apply. For businesses, the limitation period for claims for defects is one year from delivery; this does not apply to claims for damages under section 10. The “No warranty” section of the license text does not limit these rights.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have given.

For slight negligence, we are liable only for breach of material contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case, liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

The customer runs the Software in their own applications and on their own servers. They are responsible for testing updates before using them in production and for backing up their data. For the free live demo, we are liable, except in the cases of the first paragraph, only for intent and gross negligence.

11. Data protection

How we process personal data is described in our privacy policy. The Software runs on the customer’s servers; we do not process the personal data of the customer’s users in it.

12. Changes to these terms

We may change these terms with effect for the future where there is an objective reason, such as a change in the law. Changes apply to purchases made after they take effect. For licenses bought before, the terms in force at the time of purchase continue to apply, unless the customer agrees to the new ones.

13. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of fdmedia GmbH, provided the customer is a merchant, a legal entity under public law or a special fund under public law. We may also sue the customer at their general place of jurisdiction.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

If any provision is invalid, the validity of the remaining provisions is not affected.