Terms and Conditions

§ 1 Scope, provider

(1) These General Terms and Conditions (Terms) apply to all contracts for the use of the online platform FRAMEBUDDY at framebuddy.de between SENSUENA, owner Dennis Rohr, Höferstraße 15, 47447 Moers, Germany (“we”) and our customers (“you”).

(2) FRAMEBUDDY is aimed at consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). A business is anyone who acts in the exercise of their trade, business or profession when concluding the contract (§ 14 BGB).

(3) Deviating terms of the customer do not apply, even if we do not expressly object to them.

§ 2 Services

(1) FRAMEBUDDY provides web-based generators with which you can create and download personalised vector files (SVG) for processing with a laser. The scope depends on the chosen plan:

• SINGLE: 1 generator of your choice, 1 active device
• MULTI: 2 generators of your choice, 1 active device
• PRO: all published generators, 3 active devices
• ALL YOU CAN CUT: all published generators, 5 active devices, new generators up to 30 days before all other plans (early access)

(2) We are continuously expanding the generator library. There is no entitlement to specific future generators. We may further develop and adapt generators as long as the agreed core functions are retained; for consumers, the statutory rules on changes to digital products (§ 327r BGB) also apply.

(3) To use the service you need an internet-enabled device with an up-to-date browser as well as your own software and hardware for further processing (e.g. laser software and a laser). These are not part of our service. The laser settings, the choice of material and checking the files before production are your responsibility.

(4) We strive for availability that is as uninterrupted as possible. Brief restrictions due to maintenance, security measures or disruptions beyond our control are possible.

§ 3 Customer account

(1) A customer account is required for use. You must be of legal age, have full legal capacity and provide truthful information.

(2) Your access data must be kept secret. The account is not transferable and may not be shared with third parties. If you suspect misuse, please inform us immediately.

§ 4 Conclusion of contract

(1) The presentation of the plans on our website is not a binding offer. By clicking “Order with obligation to pay” (“Zahlungspflichtig bestellen”) you submit a binding offer to conclude the chosen plan. Before sending, you can check and correct your details.

(2) The contract is concluded when the payment has been processed successfully and your plan is unlocked. You then receive a contract confirmation by email containing these Terms and the cancellation policy.

(3) The contract language is German. We store the contract text; you can view the current Terms on this page at any time.

§ 5 Prices and payment

(1) The prices shown on the pricing page at the time of the order apply. No VAT is charged pursuant to § 19 UStG (small business rule).

(2) Payment is made in advance for the respective billing period via our payment service provider Stripe using the payment methods offered during checkout.

(3) If a payment fails, our payment service provider will try to collect it again. Until payment is received, we may temporarily block access to the generators. If payments due are finally not made, the contract ends.

§ 6 Term and cancellation

(1) Monthly plan: The term is one month and is extended by a further month each time unless cancelled. You can cancel at any time with effect from the end of the current billing period.

(2) Yearly plan: The term is twelve months. The yearly plan ends automatically when the twelve months expire, without any need to cancel; it is not renewed. Early regular cancellation is not possible. Before it expires we remind you by email; you can then take out a new plan.

(3) You can cancel via the customer area (customer portal), via the “Cancel contracts here” button on our website or in text form (e.g. by email to info@framebuddy.de). The right to extraordinary cancellation for good cause remains unaffected.

(4) Amounts already paid for the current billing period are not refunded pro rata upon cancellation unless otherwise provided by law. You can continue to use FRAMEBUDDY until the end of the period.

(5) Access to the generators ends when the contract ends. You may continue to use the files you created until then in accordance with § 9.

§ 7 Plan changes and generator selection

(1) You can switch to a higher plan (upgrade) at any time – immediately or at the end of the current billing period. With an immediate switch the price is settled pro rata: the unused part of the previous plan is credited and only the difference is charged. Credit from switching to a cheaper plan is offset against future payments and not paid out.

(2) In the SINGLE and MULTI plans you choose your generators when you sign up. Changing the chosen generators during the term is not provided for. If you want to use other or additional generators, an upgrade to a higher plan is possible; after the term ends you can choose again with a new plan. In justified individual cases you can contact our support; there is no entitlement to a change.

§ 8 Devices

You can use the generators on the number of active devices included in your plan. A device is registered as soon as you open a generator on it. In the customer area you can remove devices and free up slots. Circumventing this limit is not permitted.

§ 8a Free trial licence

(1) After your customer account has been confirmed, you receive a free trial licence once. It is valid for 14 days from activation for all published generators on 1 active device and includes a total of 3 SVG exports. Files you export in the same generator within 10 minutes (e.g. front and back sheet of one design) count as one export. The trial licence ends automatically; it does not renew and does not turn into a paid plan. No payment details are required.

(2) Exports from the trial licence may only be used for private, non-commercial purposes, in particular not for selling products. They contain a small note “framebuddy.de Test”, which must not be removed. § 9 (2) does not apply to these exports.

(3) One trial licence is intended per person. Creating multiple accounts to obtain further trial licences is not permitted. There is no entitlement to a trial licence; we may change or end the offer at any time with effect for the future.

§ 8b Wish Box

(1) In the Wish Box you can submit ideas for new generators with your customer account. Participation is free of charge and does not depend on a purchase.

(2) As a rule, once a month we choose, at our own discretion, one wish that we build as a generator. The criteria are in particular the benefit for many customers, technical feasibility and legal admissibility. There is no entitlement to a wish being chosen or built, or to a publication date. If the same idea is submitted several times, the first wish received counts. Generators from the Wish Box are excluded from early access (§ 2 (1)): they are released for the PRO and ALL YOU CAN CUT plans at the same time.

(3) Whoever submitted the chosen wish receives 1 month of ALL YOU CAN CUT free of charge, once. Access is credited to the customer account automatically, ends by itself after one month and does not renew. Cash payment or transfer is excluded. Current paid plans are not affected.

(4) By submitting, you grant us the free, non-exclusive right, unlimited in time and territory, to use and modify your idea and to build and publish it as a generator or in another form. You assure that your submission does not infringe any third-party rights (e.g. trademarks, logos, protected characters or designs). We cannot build wishes like that. We may build an idea that we had already planned or developed independently of your submission without compensation.

(5) We may remove wishes with unlawful, offensive or promotional content without giving reasons. FRAMEBUDDY staff are excluded from winning.

§ 9 Rights of use

(1) The generators, the underlying software, designs, motifs and font arrangements remain our intellectual property or that of our licensors. During the term of the contract you receive a simple, non-transferable right to use the generators within the scope of your plan.

(2) For the files created with the generators (exports) you receive – subject to § 8a (2) for exports from the trial licence – a simple right, unlimited in time, to use them to make products and to sell the products made with them privately or commercially – even after your contract ends.

(3) It is not permitted to copy the generators or how they work, to make them available to third parties or to pass on or sell the exports as editable templates, design packs or comparable file collections.

(4) You are responsible for the content you enter into the generators (e.g. names, texts). It must not infringe any third-party rights (e.g. trademark, name or personality rights).

§ 10 Prohibited use

In particular, sharing access data, automated access (e.g. scripts or crawlers), circumventing technical protection measures and use for unlawful purposes are prohibited. In the event of violations we may temporarily block access and, in serious cases, terminate the contract for good cause.

§ 11 Warranty

The statutory rights in the event of defects apply; for consumers in particular the provisions on contracts for digital products (§§ 327 et seq. BGB).

§ 12 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely), our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

(3) For damage to material, devices or products caused by further processing of the files (e.g. by laser settings), we are only liable in accordance with paragraphs 1 and 2. Please check every file before production.

§ 13 Right of withdrawal

Consumers have a statutory right of withdrawal. You can find details in our cancellation policy.

§ 14 Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have 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 for all disputes is our registered office.

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