Terms of Use

1. Scope and Applicability

These Terms of Use (“Terms”) govern the access to and use of all digital products made available by Ultimate.digital, owned and operated by Thomas Mirnig (hereinafter “Provider”, “we” or “us”).

These Terms apply to all users and customers, whether acting as private individuals or on behalf of a business or organization, who access, download, or otherwise use any digital products offered by the Provider (“Digital Products”).

Digital Products include, without limitation, design assets, icon sets, templates, UI kits, downloadable files, demo versions, free assets, updates, license keys, and any related digital content.

These Terms apply independently of whether a Digital Product is provided free of charge or against payment.

2. Relationship to Other Agreements

These Terms govern the general use of Digital Products and the related access mechanisms.

Certain Digital Products are subject to additional, product-specific license agreements (“License Agreements”), which regulate the scope of permitted use, intellectual property rights, and licensing restrictions.

In the event of any conflict between these Terms and a License Agreement, the respective License Agreement shall prevail with regard to the licensed use of the Digital Product.

Services provided by the Provider (e.g. product design, web design, consulting) are governed exclusively by separate Terms of Service and are not subject to these Terms.

3. Access, Delivery and Merchant of Record

All purchases of Digital Products are processed through a third-party platform acting as Merchant of Record, currently Lemon Squeezy (or a comparable provider).

Delivery of Digital Products is performed digitally, typically via:

• download links provided by email, and/or

• access through the customer’s account or order overview on the Merchant of Record’s platform (e.g. “My Orders”).

The Provider does not operate user accounts on its own websites and does not control the authentication, availability, or functionality of the Merchant of Record’s systems.

Access to Digital Products may require compliance with the Merchant of Record’s terms and technical requirements.

4. No Transfer of Ownership

Digital Products are licensed, not sold.

No ownership rights in any Digital Product, underlying files, or intellectual property are transferred to the user. All rights not expressly granted remain with the Provider or the respective rights holder, as defined in the applicable License Agreement.

5. Right of Withdrawal and Refund Policy

Where users qualify as consumers under applicable EU consumer protection laws, statutory withdrawal rights may apply.

However, for digital content delivered immediately after purchase, the right of withdrawal expires once performance has begun, provided that the consumer:

1. expressly agrees to the immediate delivery of the digital content, and

2. acknowledges that they thereby lose their right of withdrawal.

By completing a purchase of Digital Products, users expressly provide such consent during the checkout process operated by the Merchant of Record.

Accordingly, all sales of Digital Products are final, and no refunds or cancellations are granted once access to the Digital Product has been provided.

6. License Keys and Future Functionality

Certain Digital Products may include license keys or similar identifiers.

Unless expressly stated otherwise, such license keys:

• do not provide additional functionality at the time of purchase, and

• are intended solely for potential future features (e.g. plugins, software integrations).

The Provider makes no guarantee that such future functionality will be developed, released, or maintained.

7. Updates, Changes and Availability

The Provider may, at its sole discretion, provide updates, improvements, or modifications to Digital Products.

There is no entitlement to updates, upgrades, continued availability, or compatibility with future software versions, platforms, or third-party services.

The Provider reserves the right to discontinue, modify, or remove Digital Products at any time. Where technically possible, previously purchased Digital Products may remain accessible through the Merchant of Record’s platform, but this is not guaranteed by the Provider.

8. Free and Demo Products

Free or demo versions of Digital Products are provided “as is” and may be modified, restricted, or discontinued at any time without notice.

The Provider does not guarantee the continued availability, completeness, or accuracy of free Digital Products.

Unless otherwise stated, free Digital Products are also subject to these Terms and any applicable License Agreement.

9. Acceptable Use

Users may not:

• circumvent technical protection measures or license restrictions,

• share access credentials or download links with unauthorized parties,

• use Digital Products in violation of applicable laws or third-party rights,

• misuse the Digital Products or related platforms in a manner that interferes with their operation or security.

Specific usage rights and prohibitions are governed by the applicable License Agreement.

10. References and Customer Attribution

Unless expressly objected to in writing, the Provider may list business customers (company name and logo) as references for marketing and portfolio purposes.

This does not apply to private individuals and does not include confidential or non-public projects.

The customer may object to such reference use at any time with effect for the future.

11. Export Control and Sanctions Compliance

Users represent and warrant that they are not located in, under the control of, or a national or resident of any country subject to applicable EU or international trade sanctions, and that they are not listed on any applicable sanctions or denied-party lists.

Digital Products may not be used, exported, re-exported, or transferred in violation of applicable export control or sanctions laws.

12. Disclaimer of Warranties

Digital Products are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, the Provider disclaims all warranties, whether express or implied, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.

The Provider does not warrant that Digital Products will be error-free, uninterrupted, or compatible with all systems or future software versions.

13. Limitation of Liability

To the extent permitted by law, the Provider shall be liable only for damages caused by intent or gross negligence.

Liability for slight negligence is excluded.

In any event, the Provider’s total liability shall be limited to the amount paid for the respective Digital Product.

Liability for indirect damages, loss of profit, data loss, or consequential damages is excluded.

14. Assignment

Users may not assign, transfer, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of the Provider.

The Provider may assign these Terms, in whole or in part, to a successor or affiliate, in particular in the context of a business transfer or restructuring.

15. Termination

The Provider reserves the right to suspend or terminate access to Digital Products if the user violates these Terms or any applicable License Agreement.

Termination does not entitle the user to any refund.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the substantive laws of Austria, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the competent court in Graz, Austria.

17. Language

These Terms are provided in English as the primary and legally binding version.

Translations into other languages may be provided for convenience only. In the event of any discrepancies, the English version shall prevail.

18. Final Provisions

Should any provision of these Terms be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

The Provider reserves the right to amend these Terms from time to time. Updated versions will apply to future use of Digital Products.

Contact

Thomas from Ultimate.digital
hello[at]thomasmirnig.com