General Terms and Conditions

(1)These General Terms and Conditions (GTC) apply to all business relationships between beAlien and the customer in connection with the sale of digital products (e.g. setups, data packages) via the online shop, as well as the download and use of our app.

(1)The business name beAlien serves to identify and market the online store and the products and services offered. It is expressly clarified that Niklas Houben, Johannesstr. 32, 52525 Waldfeucht stands behind the business name. All rights and obligations arising from business relationships conducted under the business name are held by the aforementioned person.

(2)The above address is only for postal accessibility and not as a physical business location with fixed opening hours.

(3)If you have any queries or concerns, beAlien can be contacted by e-mail at [email protected]. Telephone contact is only possible on express request; for further information on availability, please contact us by e-mail.

(1)The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog.

(2)By clicking on the button “Buy Now” and selecting the payment method, you place a binding order for the goods contained in the shopping cart.

(3)The contract between the customer and beAlien is concluded as soon as the payment process is completed via our payment provider Paddle.com Market Limited (Paddle). The confirmation of your order and the details of your order will be provided by Paddle immediately afterwards.

(1)All prices are final prices in euros and include VAT.

(2)Payments are processed via our payment provider Paddle.com Market Limited (Paddle), who acts as Merchant of Record for the payment transaction.

(3)If a digital payment method is selected, access to the digital products will be activated immediately after receipt of payment.

(1)Digital products are made available to the customer in the customer area of the website immediately after receipt of payment.

(2)With the purchase, the customer receives access to updates for a period of one year.

(3)For products explicitly advertised with "unlimited" access or "unlimited" updates, this refers exclusively to the period during which the beAlien platform is operated and the relevant simulation continues to be actively supported by beAlien; beAlien does not guarantee updates, access, or support beyond the point at which the platform ceases operation or support for the relevant simulation is discontinued. Details on specific "unlimited" products (e.g. the Car Pass) are set out in § 7.

(1)The customer has the option, upon payment of a subscription fee, to unlock a specific number of data packages per month ("Claim"). A data package consists of all available setups for the relevant simulation for the selected vehicle/track combination. Unlocked data packages are available in the user account and can be downloaded from there. The number of "Claims" per month depends on the subscription model selected.

(2)The subscription has a fixed term for the relevant billing period and is automatically renewed for the same duration unless it is cancelled before the end of the billing period. Cancellation must be made in writing or may be declared at any time via the function provided for this purpose in the user account, effective at the end of the current billing period. Depending on the selected subscription model, the billing period is 1 month or 1 year. If the subscription is terminated, access to not downloaded content and future updates will cease upon expiry of the relevant billing period.

(3)The subscription fee is payable in advance for the relevant billing period. Payment is made via the payment method stored in the user account.

(4)Unlocked data packages may be downloaded in unlimited quantities during the subscription period. Any additional downloads of data packages that have already been unlocked are free of charge for the customer. Should updates for unlocked data packages be released, these will also be made available to the customer free of charge during the subscription period.

(1)The customer has the option, upon payment of a one-time Car Pass fee, to unlock lifetime access to all track data packages for a specific vehicle, including data packages for tracks added for that vehicle in the future. Unlocked data packages are available in the user account and can be downloaded from there.

(2)"Lifetime" access refers exclusively to the period during which the beAlien platform is operated and the relevant simulation continues to be actively supported by beAlien. beAlien does not guarantee updates, access, or support beyond the point at which platform operation or support for the relevant simulation ends.

(3)Data packages unlocked via a Car Pass may be downloaded in unlimited quantities. Any updates released for these data packages are provided free of charge for as long as the platform and the relevant simulation continue to be supported.

(4)The entitlement to updates is limited solely to the provision of updates that we make available from time to time; it does not include any obligation to develop or provide new updates should circumstances change (e.g. a new game version) and such updates become desirable or necessary.

(1)In principle, the statutory right of cancellation applies. Accordingly, the customer has the right to cancel his contractual declaration within 14 days of concluding the contract without giving reasons.

(2)To exercise the right of cancellation, the customer must inform us of his decision to cancel this contract by means of a clear declaration (e.g. by post, telephone, e-mail). To comply with the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the expiry of the cancellation period.

(3)If the customer cancels this contract, we must refund all payments that we have received from him, including delivery costs, immediately and at the latest within fourteen days from the day on which beAlien receives notification of the cancellation of this contract. For this repayment, beAlien shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; under no circumstances shall fees be charged for this repayment.

(4)Notwithstanding the above, the right of cancellation shall expire as soon as the consumer started downloading, using or benefiting from the prodoct, when during your transaction the consumer agreed for beAlien to begin to fulfil the contract before the expiry of the cancellation period.

(1)No liability is assumed for the accuracy, completeness and up-to-dateness of the content. The same applies to the software provided by us and to any other services rendered by us. The statutory rights of the consumer in the event of defects shall remain unaffected.

(2)beAlien shall not be liable for damage caused by simple negligence, unless it concerns damage resulting from injury to life, limb or health or damage caused by the breach of essential contractual obligations.

(3)Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. However, in the event of a breach of material contractual obligations, beAlien shall only be liable for foreseeable damage typical of the contract if this was caused by simple negligence.

(4)The liability of beAlien is not excluded in cases of gross negligence and intent.

(1)All personal data is treated confidentially. The data will not be passed on to third parties unless this is necessary for the fulfilment of the contract.

(2)Further information on data protection can be found in our Privacy Policy.

(1)The customer expressly recognises that all intellectual property rights relating to the products, services (including software) and/or the website belong to beAlien, its suppliers or other claimants. Intellectual property rights shall be understood to mean patent, copyright, trade mark, trade name and model rights and/or other (intellectual) property rights, including sui generis rights in databases or other products as well as technical and/or commercial know-how, methods, concepts and trade secrets, whether patentable or not.

(2)With regard to products and/or services that beAlien uses or has used or has developed or developed in connection with the contract and for which beAlien owns or can assert the copyrights or other intellectual property rights, it reserves all intellectual property rights.

(3)Without the express written consent of beAlien, the customer is not permitted to pass on, reproduce and/or utilise products and/or services, regardless of whether this is done with the involvement of third parties or not. These products include setups, telemetry, data packages, working methods, (model) contracts, brands and logos and other intellectual products of beAlien, in the broadest sense of the word. The customer may only reproduce the documents for his own use if this is reasonable in the context of the purpose of the contract.

(4)BeAlien declares to the best of its knowledge and belief that the products and/or services supplied by it do not infringe any intellectual property rights of third parties applicable in Germany. If proceedings for infringement of such rights have been instituted or there is a possibility thereof, beAlien may, at its own discretion, inter alia, replace or modify the brand or product in question or acquire the right to continue using that brand or product or terminate the contract in whole or in part, in which case the price paid by the customer for the product and/or service in question shall be refunded to the customer, if necessary with the retention of an appropriate reduction in value.

(5)The customer shall notify beAlien in writing as soon as possible of any liability claim or action brought against it based on an allegation that the goods sold by beAlien infringe valid intellectual property rights. BeAlien accepts no liability for infringement if the infringement is related to the customer having adapted or modified a product and/or service in breach of the above provisions without the express written consent of beAlien.

(1)The customer may only use the products and/or services provided by beAlien for its own, non-commercial purposes. The customer may not encumber, sell, resell, dispose of or otherwise encumber the products and/or services.

(2)Furthermore, the customer is not permitted to offer products and/or services similar to beAlien's without beAlien's prior express written consent, let alone to use the information obtained from beAlien in the course of (the performance of) the services to compete directly or indirectly with beAlien.

(3)Professional participation in competitions and racing events is excluded from the above paragraphs.

(1)If the customer violates the above §§ 11 and 12 of these terms and conditions, beAlien reserves the right to block the customer's account on the website and to block it for any future registration.

(2)Furthermore, beAlien reserves the right to assert a lump-sum claim for damages in the amount of EUR 200.00 against the customer, if he violates the above §§ 11 and 12 of these terms and conditions. The customer shall be permitted to prove that no damage or a reduction in value has occurred at all or that it is significantly lower than the agreed lump sum.

(1)The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The conflict of laws is expressly excluded, unless mandatory statutory provisions provide otherwise.

(2)Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

(3)The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.