This page contains the terms and conditions for the purchase in our online shop and together with the respective License conditions (EULAs) and the specifications in the purchasing process these terms and conditions form the contractual basis for the purchase of our Fonts.

The Fonts, the Font Software and the names of the Fonts are protected intellectual property of Kilotype GmbH.

1. Definitions

1.1. Kilotype or Provider means Kilotype GmbH, [Neckarstr. 26, 55296, Harxheim, Germany].

1.2. Customer means the purchaser of the Font Software, regardless of whether it is a legal entity or a natural person.

1.3. Websites refers to all websites operated by Kilotype (www.kilotype.de, www.kiloty.pe).

1.4. Font Software (also “Fonts”) mean the Fonts, Font Software, and the design of the Fonts embodied therein, as well as any media, printed materials, electronic documentation, Font updates, add-ons, artwork, web services and other material associated with the Fonts.

1.5. A License refers to the options offered in the online shop to purchase a License to use the Font Software, as well as custom purchasing options that are available on request.

1.6. The End User License Agreement (also “EULA”, “EULAs”) defines the extent of the purchased License for each usage option.

1.7. The User Contract consists of these Terms & Conditions, the applicable EULAs for the respective Font Software and the specifications in the ordering process.

2. Subject of the Contract

2.1. Kilotype develops and distributes Fonts which are delivered to the Customer with a Font Software. With this Font Software, the Customer is able to use their purchased Fonts with their selected properties on the operating systems MAC OS X, Windows Vista, 7, 8, NT, 2000 and XP.

2.2. The Font Software is provided in the following formats: TTF, WOFF and WOFF2. The EULA it determines which format is delivered for the respective type of use.

2.3. In return for payment of a one-time fee, the Customer shall receive a non-exclusive and non-sub-licensable right to use the Font Software perpetually as determined by the applicable EULAs.

3. Conclusion of the Contract

3.1. Kilotype enables the conclusion of the User Contract via the websites operated by Kilotype. The customer must register or log in before concluding the User Contract.

3.2. The Customer can select the desired Fonts on the Websites and select the appropriate usage options according to the planned scope and environment of use. The selected Fonts and corresponding Licenses are placed in the shopping cart. The Customer must continue the ordering process by clicking the “Checkout” button.

3.3. In order to complete the purchasing process, the Customer must create a user account or log in. After the Customer has entered the master and payment data, if applicable, and these Terms & Conditions as well as all relevant EULAs have been accepted, the order can be placed. This is an offer by the Customer to Kilotype to conclude the corresponding User Contract. This offer is made by clicking the button “Place Order”. The Customer will then receive a notification of acceptance of the User Contract and an e-mail with the invoice, order overview and a download link to the licensed Fonts.

3.4. These Terms & Conditions and the EULAs may be viewed and downloaded from the Websites at any time.

4. Rights of Use

4.1. Kilotype grants the Customer all rights of use necessary for the fulfilment of the contractual purpose. The details of the License conditions are regulated in the respective EULAs.

4.2. Before the Customer can complete the purchasing process on the Websites, they will be asked to confirm all applicable EULAs. The selection of these EULAs is automated by Kilotype.

4.3. Any reproduction, alteration, modification, removal, or other use not expressly permitted within the EULAs requires the written permission of Kilotype.

5. Transfer of the Software

The Customer may not rent, lease, sublicense, loan or otherwise distribute the Font Software or any copy thereof, except as expressly permitted by the User Contract. The Customer may transfer all of its rights to use the Font Software to another person or entity provided that (i) the purchaser accepts and agrees to be bound by the terms and conditions of the User Contract and (ii) the Customer destroys all copies of the Font Software, including all copies stored in the memory of a hardware device. The Customer’s compliance with these requirements shall be documented by Customer and such documentation shall be provided to Kilotype upon request.

6. Pricing and Payment Methods

6.1. The prices currently quoted for the Fonts and scope of use apply. An overview of the composition of the purchase price is displayed before completion of the ordering process. The stated total price is binding.

6.2. The Customer shall pay all duties and taxes imposed by any national, federal, state or local authority in connection with this User Contract (including, without limitation, any export of the Font Software or its total or partial use outside the original country of purchase), excluding all taxes on Kilotype’s sales, revenue or profits.

6.3. As means of payment the means of payment indicated on the Websites are accepted. Kilotype currently allows Customers to pay by credit card and Paypal. Further payment transactions (e.g. direct debit) can be agreed upon separately and Kilotype reserves the right to amend or reduce the list of means of payment.

6.4. The invoice amounts are due 14 days after receipt of the invoice.

6.5. If the agreed scope of services is permanently exceeded, an upgrade fee is due in accordance with the respective EULA. If the subsequent scope of services is also permanently exceeded, a new upgrade fee shall be due in each case.

7. Warranty and Liability

7.1. Statutory warranty rights of the state in which the respective consumer has their habitual residence apply to consumers.

7.2. The following applies to companies: The Customer must inform Kilotype in writing within 14 days after conclusion of the User Contract about all recognizable material defects. The Customer must inform Kilotype immediately in writing of any material defects discovered after this period despite thorough examination (§ 377 HGB). Kilotype is entitled to choose the type of supplementary performance. The limitation period for claims arising from legal and material defects is 12 months, except in the case of claims for damages. If Kilotype is not able to remedy the defect or to renew the product without errors, Kilotype will show the customer possibilities to avoid errors. As far as these are reasonable for the Customer, they are considered as supplementary performance. If necessary, the user documentation will also be adapted in the event of subsequent improvement.

7.3. Claims for damages due to material defects with the exception of claims due to intentional or grossly negligent conduct as well as claims due to damage to life, limb and health shall also become statute-barred after 12 months. Claims under the Product Liability Act shall remain unaffected by this provision.

7.4. The liability of Kilotype for slightly negligent breaches of duty is excluded with the exception of product liability and injury to life and health as well as the violation of essential contractual obligations (so-called cardinal obligations, i.e. such obligations whose fulfilment makes the proper execution of the contract possible in the first place and on the observance of which the other party may regularly rely). In case of violation of essential contractual obligations, the liability of Kilotype is limited to the compensation of the foreseeable, contract-typical and direct damage according to the type of the respective service.

8. Restriction of Use & Indemnification

8.1. The Font Software was not developed for use in production control, navigation devices, or for any other circumstance that may cause injury to life, limb, or health, property, or the environment through the installation and/or use of the Font Software.

8.2. The Customer indemnifies and holds Kilotype harmless from and against any and all losses, costs, damages, expenses and fees (including attorneys’ fees) arising out of the Customer’s failure to comply with any insurance, warranty, term, condition, duty or obligation under the User Contract (including, but not limited to, infringement of intellectual property rights) or unlawful acts or otherwise in connection with the unauthorized use of the Font Software.

9. Final Provisions

9.1. The User Contract is subject to the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

9.2. Should individual provisions of these Terms & Conditions, or parts thereof, be invalid or unenforceable, this shall not affect the validity of the remaining provisions. An invalid or unenforceable provision shall be replaced by a valid provision which comes as close as possible to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision.

9.3. If the Customer is a merchant, a legal entity under public law or a public special asset, the place of jurisdiction shall be the local competent court at the registered office of Kilotype GmbH.