Terms of service

§ 1 Scope and provider

These terms apply to all services provided by Cyrellian Studios, owner Cedric Schmitt, Gabelsbergerstraße 13, 63069 Offenbach am Main, Germany (“we”), in particular for the Plazello and Docsello software, plugins, licences, updates, the customer account on account.cyrellian.com and related online services. They apply to consumers (Section 13 BGB) and businesses (Section 14 BGB). Conflicting terms of the customer only apply if we expressly agree to them.

§ 2 Purchases through Link (Stripe)

Paid licences, subscriptions and plugins are sold through Stripe Managed Payments. The seller and contracting party for the purchase and payment (merchant of record) is Link, a Stripe service. Link charges the VAT applicable in the customer's country, issues the invoice and receipt and handles payment questions. The purchase is additionally subject to Link's terms, which are shown during checkout.

We provide the software, the rights to use it, updates and the customer account; these terms apply to them. By completing checkout the customer makes a binding offer; the contract is concluded when the payment is confirmed. The licence is usually unlocked in the customer account immediately afterwards.

§ 3 Customer account

The customer account is free of charge. The customer provides truthful information, keeps their credentials secret and informs us immediately of any misuse. We may block an account if it is used abusively or unlawfully; we inform the customer of a block and its reasons.

§ 4 Rights of use

For the term of the respective licence we grant the customer a simple, non-transferable right to install and use the software to the extent purchased (plan, number of installations, unlocked plugins) on infrastructure owned or commissioned by the customer. Licences can be reassigned to another of the customer's own installations in the customer account.

Free editions may also be used commercially unless the product description says otherwise. Included open-source components are subject to their own licences, which take precedence over these terms. Acts permitted by law (in particular under Sections 69d and 69e UrhG) remain unaffected; otherwise it is not permitted to circumvent licence checks or to pass on the software without a licence.

§ 5 Subscriptions and term

Subscriptions run for one month or one year as chosen and renew automatically for the same period unless cancelled. The customer can cancel at any time effective at the end of the current period: in the customer account, via Link (link.com) or in text form to us. The licence stays active until the end of the period; afterwards the product's free plan applies.

If a renewal payment fails, the licence remains usable for a grace period of 14 days. If payment is not made by then, the subscription ends.

Plugins and licences bought once are valid indefinitely for the version purchased; which updates are included follows from the product description at the time of purchase.

§ 6 Prices and price changes

The prices shown at the time of ordering apply. VAT for the customer's country is shown and charged by Link during checkout. We announce price changes for running subscriptions in text form at least six weeks before the next renewal; they only apply from that renewal, and the customer can cancel free of charge until then.

§ 7 Updates and online services

For active licences we provide updates through our update service; every update is cryptographically signed. Towards consumers we fulfil the statutory obligation to update digital products (Section 327f BGB). We operate the licence and update services with the care of a prudent businessperson but without guaranteed availability unless expressly agreed. Self-hosted installations keep working while these services are temporarily unreachable.

§ 8 Customer obligations

The customer is responsible for operating, securing and backing up their installations, applies provided security updates promptly and uses the software only in accordance with applicable law. The customer alone is responsible for content they publish or process with the software (e.g. shop or documentation content).

§ 9 Warranty

Statutory warranty rights apply; for consumers in particular the rules on digital products (Sections 327 et seq. BGB). Towards businesses the limitation period for warranty claims is one year; this does not apply to claims under § 10(1). We provide free editions free of charge; for these we are only liable for defects we fraudulently conceal.

§ 10 Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee we have given.
2. In cases of slight negligence we are only liable for breach of an essential contractual obligation (one whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), limited to the foreseeable damage typical for the contract.
3. Otherwise liability is excluded. For data loss we are only liable to the extent that would have arisen had the customer backed up their data properly.

§ 11 Data protection

How we process personal data is described in our privacy policy. The customer processes data in self-hosted installations under their own responsibility. Where we host data for the customer, we conclude a data processing agreement.

§ 12 Changes to these terms

We notify changes to these terms for running contracts in text form at least six weeks before they take effect. If the customer does not object within this period, they are deemed accepted; we point out this consequence in the notice. If the customer objects, either party may terminate the contract as of the date the change takes effect. We do not change essential elements of performance and price this way.

§ 13 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law only applies insofar as it does not deprive them of mandatory protection under the law of their country of habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Offenbach am Main.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. Should any provision be invalid, the validity of the remaining provisions is unaffected.