General Terms and Conditions — Setup Foundry

Provider: Steidl IT GmbH, Hervicusgasse 19/2/15, 1120 Wien, Austria
Last updated: October 15, 2026

1. Scope

1.1. These Terms apply to all contracts for the paid provision of the software Setup Foundry by subscription (currently the Home and Pro editions) and for the free-of-charge provision of the Free edition, concluded between the Provider named above and the customer.

1.2. The customer may be a consumer or a business user. Provisions applying to only one of these groups are marked accordingly. Mandatory consumer protection law of the customer's habitual residence remains unaffected.

1.3. Deviating or supplementary terms of the customer do not become part of the contract unless the Provider expressly agrees to them in text form.

1.4. Use of the Software is additionally governed by the End User Licence Agreement (EULA). In case of conflict, these Terms prevail for the purchase and the EULA prevails for the use.

2. Conclusion of Contract

2.1. The presentation of the Software on the website or in other media does not constitute a binding offer but an invitation to place an order.

2.2. The customer orders on the order page in their customer account (account.setupfoundry.com). Before submitting, the order page shows the edition, term and total price in an overview; until then, the customer can change their details at any time. By clicking the "Order with obligation to pay" button, the customer makes a binding offer and then makes the payment (Section 4.2). The contract is concluded upon the Provider's confirmation by e-mail or upon provision of the licence, whichever occurs first.

2.3. The contract is concluded in German. This English version of the Terms is a translation provided for information; in the event of any discrepancy, the German version prevails. This does not affect the mandatory consumer protection provisions of the state in which the consumer is habitually resident (Art. 6 Rome I Regulation). The Provider gives the customer a confirmation of the contract on a durable medium (e-mail). The Provider stores the contract text, namely the order data, the customer's declarations made when ordering with their time, and the wording of this confirmation. The customer receives it with the confirmation by e-mail; they can also see their orders in their customer account. The customer can access, save and print these Terms on the website before ordering.

2.4. If the customer enters a VAT identification number when ordering, the Provider accepts the order only once the number has been confirmed as valid. If it is not confirmed, the Provider rejects the order and refunds any amounts already paid in full.

3. Provision, Scope of Services

3.1. The Provider makes the Software available for download; no physical media are owed. The functional scope depends on the ordered edition as described in the product description.

3.2. Licence keys or activation data are delivered by e-mail or via the customer account after full payment.

3.3. System requirements: a Windows operating system as specified in the product description. The Software itself runs without administrator rights. Administrator rights are requested through Windows User Account Control when needed, in particular for operations on disks, system images and policies; those functions require them. Certain features require an internet connection.

3.4. Updates: The Provider supplies consumers with the updates (including security updates) necessary to maintain conformity for the period required by law, and for a subscription for its entire term, and informs the customer accordingly. There is no claim that new features will be developed, nor to a higher edition.

3.5. Further development: The Provider develops the Software continuously, before and after version 1.0. Beyond the updates under Section 3.4, it changes the Software only to add or improve functions, to adapt it to changes in Windows, in third-party services it uses or in the law, or to fix errors and security vulnerabilities; this costs the customer nothing. The Provider informs about changes in the Software or in the release notes. Where a change impairs access to the Software or its use more than only slightly, the Provider notifies the customer by email in good time beforehand of the nature and date of the change and points out that the customer may then terminate the contract free of charge within 30 days of this notice or of the change, whichever is later; the Provider then refunds, pro rata, any fee already paid for the period after that.

4. Prices and Payment

4.1. The prices stated at the time of the order apply. The prices stated are final prices and include all applicable taxes, such as VAT. If a business user enters a valid VAT identification number when ordering and the supply is therefore invoiced without VAT, the amount payable remains unchanged.

4.2. Payment, invoicing and VAT are handled for the Provider by Sold through Link, LLC (a Stripe group company); Link collects the price and issues the invoice in its own name. The customer's contracting party for the Software and for all rights and obligations under this contract remains the Provider. Payment is made using the payment methods shown during the ordering process. The price is payable in advance at the start of each billing period.

4.3. In the event of default in payment, statutory default interest applies.

4a. Term, Renewal, Cancellation (Subscriptions)

4a.1. The Home and Pro editions are provided as a subscription with monthly payment (monthly subscription) or annual prepayment (annual subscription). During the term, all published versions of the customer's edition are available to the customer at no extra cost.

4a.2. The monthly subscription runs for an indefinite period and renews automatically for one further billing month at a time; the customer can cancel it at any time to the end of the current billing month. The annual subscription initially runs for one year; if it is not cancelled by the end of that year, it renews automatically for an indefinite period. The customer can cancel the renewed annual subscription at any time with one month's notice to the end of a month; the Provider then refunds pro rata the part of the price already paid that relates to the time after the end of the contract.

4a.3. Before each annual charge, at least 30 days in advance, the Provider informs the customer by e-mail, separately and clearly, of the upcoming renewal and charge, the amount and the date, and of how and by when they can cancel. In the first year, the annual subscription renews only if the customer does not cancel by the end of the year after this notice.

4a.4. The price stays the same for the entire duration of the subscription, including every renewal. If the Provider changes its prices later, this applies to newly concluded subscriptions only.

4a.5. Cancellation is possible without giving a reason and without signing in, using the "Cancel contracts here" button at https://account.setupfoundry.com/cancel or by e-mail to office@setupfoundry.com. What counts for timeliness is receipt by the Provider; a cancellation using the button is received when "Cancel now" is clicked. The right of either party to cancel for good cause remains unaffected.

4a.6. After the subscription ends, the Software remains usable; its feature set then corresponds to the Free edition, and nothing more is charged. Installation media already created remain unchanged and may continue to be used within Section 2.3 of the EULA.

4a.7. Changing edition or billing interval. The customer may move to a higher edition (from Home to Pro) at any time; the change takes effect immediately. For the rest of the current billing period the customer pays the difference between the price of the new edition and their previous fee, calculated pro rata for the remaining time and rounded to the cent; the amount is shown before the change and is due with the change. The renewal date stays the same. The customer may move to a lower edition or a different billing interval with effect from the end of the current billing period; until then edition and fee remain unchanged, and nothing is refunded for the current period. From the first billing period after the change, the customer pays the price that applies to the new edition and billing interval on the day of the change and that is shown before the change; section 4a.4 applies to that fee. The right to cancel under section 4a.2 remains unaffected.

5. Right of Withdrawal for Consumers

5.1. Consumers in the EU have a statutory right to withdraw from distance contracts within fourteen days without giving a reason. Details and the model withdrawal form are provided in the separate Withdrawal Notice. Withdrawal can also be declared online using the "Withdraw from contract" function at https://account.setupfoundry.com/withdraw. For a subscription, the period starts when the subscription is concluded; the automatic renewal is not a new contract.

5.2. Early expiry for digital content: For the supply of digital content not delivered on a tangible medium against payment of a price, the right of withdrawal expires if the Provider has begun performance after the consumer (1) has expressly consented to performance beginning before the end of the withdrawal period, (2) has acknowledged that the right of withdrawal is thereby lost, and (3) the Provider has given the consumer a confirmation of the contract on a durable medium.

6. Conformity and Remedies

6.1. For consumers, the statutory remedies for lack of conformity of digital content apply (bringing into conformity, price reduction, termination; obligation to provide updates) under the law of the consumer's habitual residence implementing Directive (EU) 2019/770.

6.2. For business users, Section 7 of the EULA applies (limitation period of twelve months).

6.3. Pre-release versions (early access): Until version 1.0 is released, the Provider supplies pre-release versions. They are unfinished and may contain errors. The points in which they differ from finished software are agreed separately when ordering; otherwise Sections 6.1 and 6.2 apply.

7. Liability

Section 8 of the EULA applies (unlimited liability for intent, gross negligence, personal injury and under mandatory product liability law; for slight negligence only for essential contractual obligations, limited to foreseeable, contract-typical damage; data-loss liability limited to the recovery effort assuming proper backups).

Special notice: The Software erases storage devices as part of its intended operation (see EULA Section 6). The customer is solely responsible for complete backups before every use.

8. Reservation of Rights

Until full payment, the granted usage rights are subject to a condition subsequent; in the event of default in payment, the Provider may revoke the usage rights after setting a grace period. This does not affect the Provider's right to suspend the use of a paid edition after the payment has been charged back (EULA Section 11.3).

9. Dispute Resolution, Governing Law, Jurisdiction

9.1. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Complaints may be addressed to office@setupfoundry.com.

9.2. These Terms are governed by the law of Austria, excluding the UN Sales Convention. For consumers habitually resident in another state, the mandatory protective provisions of that state remain unaffected (Art. 6 Rome I Regulation).

9.3. For business users, the exclusive place of jurisdiction is the Provider's registered seat.

10. Final Provisions, Changes to These Terms

10.1. Should individual provisions of these Terms be invalid, the remainder of the contract remains valid.

10.2. The Provider may change these Terms with effect for existing contracts only where the change (a) is required by a change in legislation, case law or regulatory requirements, (b) removes an ambiguity or a clerical error without changing the substance to the customer's detriment, (c) concerns a change of the service provider for payment or invoicing without creating costs or new obligations for the customer, or (d) is exclusively to the customer's advantage. The following are not changed in this way: the price, term and termination, the scope of the edition and its functions to the customer's detriment, warranty and liability, governing law and place of jurisdiction, and this provision; no new obligations of the customer arise in this way. Changes to the Software itself are governed by Section 3.5.

10.3. The Provider gives notice of a change under Section 10.2 in the Software at the next start and, where the customer has a customer account, additionally by email. The notice lists the changed provisions and the date the change takes effect and refers to the full new text. The change takes effect no earlier than six weeks after the notice is received. If the customer does not object by then, the change is deemed accepted; the notice specifically points out this meaning of the customer's silence, the right to object and the right to terminate. An objection requires no particular form, for example an email to office@setupfoundry.com. If the customer objects, the previous version continues to apply to them. Irrespective of this, the customer may terminate a subscription free of charge up to the date the change takes effect; the Provider refunds, pro rata, any fee already paid for the period after that date.

10.4. Other changes apply to existing contracts only if the customer expressly agrees to them.

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Provider: Steidl IT GmbH · Hervicusgasse 19/2/15 · 1120 Wien, Austria · Commercial register: FN 688302 i (Handelsgericht Wien)