§ 1 Scope

(1) These Terms and Conditions (“Terms”) apply to all business relationships between Brainwerk e.U. (commercial register entry pending), Weißdornweg 1/4/3, 2442 Unterwaltersdorf, Austria (“Brainwerk”, “we”, “us”) and its customers (“Customer”).

(2) These Terms apply equally to consumers (within the meaning of the Austrian Consumer Protection Act, KSchG) and business customers (within the meaning of the Austrian Commercial Code, UGB), unless explicitly indicated otherwise.

(3) Conflicting terms of the Customer do not become part of the contract unless we expressly agree to them in writing.

§ 2 Services

(1) We develop and distribute software products, in particular the WordPress plugins SEOForge and ShieldForge (each available as a “Free” version under GPLv2-or-later and as a commercial “Pro” version with extended functionality).

(2) Specific features, tiers (1 Site, 5 Sites, Unlimited Sites) and prices of the Pro version are displayed on the respective product website or during the checkout process of our distribution partner.

§ 3 Contracting party (Merchant of Record)

(1) Pro plugin sales are processed by external distribution partners acting as Merchant of Record (in particular Freemius Inc. and/or Lemon Squeezy LLC). The contracting party for the paid licence purchase is therefore the respective Merchant of Record, not Brainwerk e.U.

(2) The Merchant of Record’s own terms govern payment, invoicing, VAT, withdrawal and refunds in addition to these Terms.

(3) The subject of this contract between Customer and Brainwerk is the grant of usage rights to the software (End-User Licence Agreement, “EULA”), not the sales transaction itself. The EULA is available at /eula and forms part of these Terms.

§ 4 Conclusion of contract

(1) The display of products does not constitute a binding offer but an invitation to make an offer (invitatio ad offerendum).

(2) By completing the checkout process at the Merchant of Record, the Customer submits a binding offer to purchase a licence. The contract is concluded upon confirmation by the Merchant of Record or delivery of the licence key.

§ 5 Prices and payment

(1) Prices displayed at checkout at the time of ordering apply. All prices include statutory VAT, which the Merchant of Record itemises on the invoice.

(2) Payment is processed exclusively by the Merchant of Record according to its payment terms.

§ 6 Licence model, term, termination

(1) Pro licences are issued exclusively as annual subscriptions. The term is 12 months from activation.

(2) The subscription renews automatically for additional 12-month terms unless cancelled by the last day of the current period via the Customer’s account at the Merchant of Record or by emailing office@brainwerk.at.

(3) During an active licence the Customer receives software updates (feature and security updates) and technical support.

(4) After the licence expires the last installed version remains functional; no further updates or support will be provided. Without updates, discovered security vulnerabilities may remain unpatched.

§ 7 Statutory right of withdrawal (consumers)

(1) Consumers have a statutory right of withdrawal of 14 days from conclusion of the contract (§ 11 FAGG). The withdrawal instructions and consequences are provided by the Merchant of Record at checkout.

(2) For digital content the right of withdrawal lapses once the Customer has expressly consented to performance beginning before the withdrawal period ends and has confirmed this (§ 18(1)(11) FAGG). The licence download typically constitutes such an early start.

§ 8 Voluntary 30-day money-back guarantee

In addition to the statutory right of withdrawal we offer – to both consumers and business customers – a voluntary 30-day money-back guarantee. Within 30 days of purchase, the Customer may request a refund of the purchase price by an informal email to office@brainwerk.at. The refund is processed by the Merchant of Record via the original payment method. Upon refund the licence terminates; further use of the Pro version is prohibited.

§ 9 Support

(1) During an active Pro licence we provide support via email and, where offered, via the respective plugin forum. Support is delivered on a best-effort basis; no specific response time or resolution is guaranteed.

(2) Support requires an active licence and a supported environment (currently supported WordPress, PHP and server versions as documented in the plugin documentation).

§ 10 Availability, force majeure

(1) Cloud services (e.g. licence activation, threat-intelligence feed, update server) are operated with industry-standard care. No specific service level (SLA) is guaranteed.

(2) We are not liable for events of force majeure (in particular third-party cyber-attacks, outages of sub-processors, governmental orders).

§ 11 Liability

(1) We are liable without limitation for intent, gross negligence, personal injury and claims under the Product Liability Act.

(2) For slight negligence our liability towards business customers – to the extent permitted by law – is limited to the amount actually paid by the Customer for the affected licence in the last 12 months. Indirect damages, consequential damages, lost profits, data loss and damages from business interruption are excluded in this case.

(3) Mandatory statutory liability rules towards consumers remain unaffected.

§ 12 Data protection

Processing of personal data is governed by our privacy policy. Where Pro features process personal data of the Customer’s end users (e.g. ShieldForge threat intel, SEOForge Search Console proxy), a data processing agreement (DPA) under Art. 28 GDPR is concluded additionally (/avv).

§ 13 Final provisions

(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws provisions of private international law.

(2) For disputes with business customers, the competent court for Vienna has exclusive jurisdiction. Mandatory jurisdiction rules for consumers (in particular § 14 KSchG) remain unaffected; consumers may also bring claims before the court at their place of residence.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

Last updated: 2026-05-19