These Terms and Conditions govern the use and purchase of services offered via RAINBOWAPEX. They apply to digital content (e.g., audio downloads), digital services (e.g., software for Windows PCs), and—if offered—goods (e.g., data carriers).
(1) These Terms and Conditions apply to all contracts between RAINBOWAPEX ("we") and customers ("you") concluded via our website or through orders placed by email or other text form, provided that we expressly accept the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person, or a partnership with legal capacity, who acts in the course of their trade, business or independent professional activity when entering into the legal transaction (§ 14 BGB).
(3) Deviating terms and conditions of the customer shall only apply if we expressly agree to their validity in writing.
(4) The contract language is German, unless we expressly agree otherwise.
The service provider/contractual partner is:
RAINBOWAPEX
Owner: Robert Schreiber
Friedrich-Ebert-Straße 102
47229 Duisburg
Germany
Email: [email protected]
Website: www.rainbowapex.com
Note: If there is a register entry, the register court and register number are shown in the legal notice.
VAT ID number: If available, it will be shown in the ordering process or in the legal notice.
(1) The specific scope of services is determined by the respective product/service description on the website at the time of ordering or by an individual offer.
(2) In the case of digital services, we are obliged to provide the agreed functionalities for Windows PCs, but not to achieve a specific economic success.
(3) If different versions/editions of a service are offered via the website, these are independent scopes of services, which are determined exclusively by the respective description in the checkout/offer. Functional or business enhancements (feature updates) are only owed if they are expressly offered as a separate version/edition and have been purchased separately.
(4) Insofar as content on the website is presented under the designation “Apex Eidrix” as a vision, research and development concept, future system generation, or in a comparable manner, such content serves exclusively as general information about possible future developments. Such content is not part of the currently offered RAINBOWAPEX product, does not constitute any owed scope of services, product scope, or functional scope, and shall not become part of the contract unless it is expressly designated as part of the contract in the relevant checkout, in an individual offer, or in a separate agreement in text form.
Despite careful review, linguistic, editorial, technical, or other errors in non-binding information on the website cannot be fully ruled out. Mandatory statutory rights of users and contracts that have already been validly concluded remain unaffected.
(1) The presentation of the products/services on our website does not constitute a binding offer, but rather an invitation to place an order.
(2) You submit a binding offer by completing the order process (e.g., "Buy/Order") or by sending us an order in text form.
(3) The contract is concluded when we confirm the order in writing or – depending on the product – activate the download, send an order confirmation, or ship the goods.
(4) The contract text is provided during the ordering process, as required by law. Order data and essential contract information are provided to you during the ordering process or by email/text.
(1) A user account may be required for certain services. Registration data must be provided completely and truthfully.
(2) Access data must be kept secret. We must be informed immediately if misuse is suspected.
(1) We provide digital content (e.g., music files/MP3s) as a download (e.g., via download link) after receipt of payment or, if specified in the checkout process, immediately after conclusion of the contract.
(2) There are no shipping costs for digital content. There is no physical delivery unless a data carrier (e.g., USB stick) is expressly ordered. Shipping costs and delivery details for data carriers are shown separately at checkout, if offered.
(3) You are responsible for ensuring that your device/software can process the file formats provided.
(4) If a download link is provided, you are obliged to protect it from unauthorized access and not to pass it on to third parties.
(1) For digital content, the license and usage information displayed in the respective checkout/download process applies. If an explicit license text is displayed, it is part of the contract.
(1a) If an explicit license/usage agreement is displayed during the checkout/download process, the contract is only concluded if you actively accept it during the ordering process (e.g., by checking a box), provided that we provide for this in the checkout process.
(1b) From June 19, 2026, we will provide—where required by law—an electronic revocation function (e.g., "revocation button") that consumers can use to declare their revocation online. Further details can be found in the revocation function provided in the ordering process or in the customer area.
(2) In the event of a conflict, the license and usage information in the respective service description or checkout/download process shall take precedence over these GTC.
(3) Unless otherwise specified, you receive a simple, non-transferable right of use for private use. Public reproduction, distribution, duplication, or commercial use is prohibited without prior written consent.
(4) The digital content may have been created in whole or in part by automated, algorithmic, or AI-supported means. No specific subjective, emotional, artistic, therapeutic, or economic effect is guaranteed.
(1) The prices stated in euros at the time of ordering apply.
(2) Prices include statutory sales tax, if applicable. If no sales tax is charged (e.g., application of the small business regulation), this will be indicated separately at checkout.
(3) Unless otherwise specified, payment is due immediately. Only after receipt of payment is there a claim to provision/shipment.
(4) In the event of late payment, we may block access to digital services after prior notification in writing. Statutory default interest remains unaffected.
(1) Consumers residing in the European Union are generally entitled to a statutory right of withdrawal. Details can be found in the withdrawal policy, which is provided to you during the ordering process and forms part of the contract.
(1a) The cancellation policy (including a sample cancellation form, if required by law) is provided to you in text form during the ordering process.
(2) Digital content (download): The right of withdrawal expires prematurely if we have only begun with the execution (provision/download) after you have expressly agreed that we may begin with the execution before the expiry of the withdrawal period and you have confirmed your knowledge that you will thereby lose your right of withdrawal.
(3) Digital services: The right of withdrawal expires prematurely if we have fully performed the service after you have expressly agreed that we may begin performance before the expiry of the withdrawal period and you have confirmed your knowledge that you will lose your right of withdrawal upon complete performance of the contract.
(4) For consumers residing outside the European Union, a right of withdrawal only exists if this is provided for by mandatory law of the respective country of residence or is voluntarily granted by us.
(1) The statutory rights in respect of defects apply.
(2) Digital products (digital content and digital services): For consumers, the statutory provisions on digital products (in particular §§ 327 ff. BGB) also apply. It is essential that the digital product has the agreed and legally required characteristics (in particular functionality, compatibility, interoperability, security) at the time of provision/transfer or during the provision period.
(3) Updates (security, stability, and bug fixes): We provide updates that are necessary to maintain the agreed and legally required quality of the digital product, insofar as this is required by law and contractually owed.
Function, feature, or business updates (new functions/enhancements) are only owed if they have been expressly agreed as part of the scope of services or are offered and purchased as a standalone version/edition.
(4) Obligations to cooperate: You are obliged to install any updates provided within a reasonable period of time, if this is necessary to maintain contractual compliance. If the installation is not carried out despite proper notification, we shall not be liable for any resulting defects, to the extent permitted by law.
(5) Notification of defects: Defects must be described to us as specifically as possible (error description, system/version used, reproduction steps). This facilitates rapid testing and subsequent performance.
(6) Claims for defects against entrepreneurs shall become time-barred one year after the start of the statutory period, to the extent permitted by law. Mandatory liability and limitation provisions remain unaffected.
(7) Insofar as mandatory law outside the European Union does not provide for warranty rights, digital content and digital services for customers outside the EU are provided "as is" and "as available," insofar as this is permissible under the applicable law. Mandatory consumer rights at the place of habitual residence remain unaffected.
(1) We shall be liable without limitation in cases of intent and gross negligence, for damages resulting from injury to life, limb, or health, under the Product Liability Act, and to the extent of any warranty assumed.
(2) In cases of simple negligence, we shall only be liable for breaches of essential contractual obligations (cardinal obligations) and the amount of liability shall be limited to the foreseeable damage typical for this type of contract. Otherwise, liability for simple negligence is excluded to the extent permitted by law.
(3) Liability for decisions, actions, or omissions made by the customer based on the use of digital content or digital services is excluded to the extent permitted by law.
(1) If digital services are offered, we generally provide them 24/7. A specific minimum availability is only owed if it has been expressly agreed in a separate SLA or in the checkout/offer.
(2) Maintenance work, security measures, and stability and bug fixes are permitted to the extent that they are necessary and reasonable. Where possible, maintenance will be carried out outside of normal peak usage times; notification will be given if this is reasonable and technically possible given the nature and scope of the measure.
(3) Changes to digital services: We may change the digital service if (a) there is a valid reason (in particular security, legal situation, technical development, prevention of misuse), (b) this does not result in additional costs for you, and (c) the change is reasonable for you. Where required by law, we will inform you in advance in writing about changes, their effects, and your rights.
(4) System requirements: Use may require current operating system or security updates. Details can be found in the respective service description.
(1) Prices, payment method, scope of services and other contractual details are determined by the respective product description, offer or checkout.
(2) Statutory withdrawal, consumer protection and mandatory refund rights remain unaffected.
The use of the digital content and digital services offered is not permitted if it violates applicable export, sanction, or embargo regulations of the European Union, the United States of America, or other applicable legal systems.
In particular, use in countries, organizations, or by persons listed on sanctions lists is prohibited.
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. With regard to consumers, this only applies insofar as it does not affect mandatory consumer protection regulations of the country in which the consumer has their habitual residence.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the registered office of the provider, insofar as this is permissible.
(3) In the event of culpable violations of the agreed terms of use and license conditions, we reserve the right to assert claims for injunctive relief, information, and damages. Further legal claims remain unaffected.
(4) Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.
(5) Consumer dispute resolution: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.