General Terms and Conditions

Scope of Application

These Terms and Conditions apply to contracts between Users and Tobias Haas, Digital Art & Fotografie (hereinafter “Provider”) about the plugin “Bricks2Etch”.

Users can be consumers and entrepreneurs. Additionally, the statutory provisions on digital products (§§ 327 ff BGB) apply to consumers.

Deviating terms and conditions of the User do not apply unless the Provider has expressly agreed to them at least in text form. Agreements made with the User in individual cases take precedence over these General Terms and Conditions.

Subject of the Contract

The subject matter of the contract is the use of the plugin “Bricks2Etch” against payment of a fee.

Bricks2Etch is a WordPress plugin developed specifically for migrating websites from Bricks Builder to Etch. It automatically converts content, styles, components, and data between the two builders. The functionality of Bricks2Etch can be seen in the description on www.bricks2etch.com and in linked videos and documentation.

Bricks2Etch can be installed but cannot function without WordPress and Bricks Builder. Bricks Builder is distributed by another company and is not included in the price or scope of delivery of Bricks2Etch. The use of Bricks2Etch requires the independent purchase of Bricks Builder in a specific version. The required version is stated on the Provider’s website. The Provider is only obligated to support the current version of Bricks Builder.

The Provider is entitled to make changes to Bricks2Etch that go beyond what is necessary to maintain compliance with the contract if these changes enable easier or more efficient use of Bricks2Etch. The User will not incur any additional costs for changes. The User will be informed about changes in a clear and understandable manner.

Conclusion of Contract; Term

The User may purchase Bricks2Etch on the basis of various plans via the website www.bricks2etch.com.

Consumers domiciled in the European Union have a statutory right of withdrawal. This may expire prematurely for digital products. More detailed information can be found in the cancellation policy of the Provider. In addition to the statutory right of withdrawal, the Provider grants a voluntary right of return under certain conditions as part of its “Refund Policy”.

Offers on the website of the Provider do not constitute legally binding offers. Only the User’s order is a legally binding offer, which the Provider can accept. Acceptance takes place through an order confirmation or provision of the plugin.

The contract term results from the individual plans. In the case of Subscription Plans, the User must purchase a new license at the end of the contract term. Subscription plans are automatically extended if they are not terminated before the end of the contract term. Cancellation must be made through the User’s account.

Prices; Terms of Payment

The prices displayed are net prices. The statutory sales tax, if such is levied, is displayed in the checkout.

Bricks2Etch can be purchased as a lifetime-license or as an annual subscription. A lifetime-license is only offered on a transitional basis after the start of the marketing of Bricks2Etch.

A lifetime-license includes periodic updates with further developments of Bricks2Etch. Updates are provided only as long as Bricks2Etch is being further developed. The Provider is entitled to discontinue further development at its discretion, but not before the expiration of two years from the purchase of the lifetime-license. A discontinuation may occur even before that if WordPress or Bricks Builder are no longer being further developed. In case of discontinuation of development, Users are entitled to continue using the last version for an unlimited period of time.

The prices for the offered subscription plans vary depending on the number of websites for which Bricks2Etch may be used. Subscription plans include free updates during the contract period. In case of cancellation of the subscription, the backend of Bricks2Etch will be locked. Content already developed by the User with Bricks2Etch remains intact and can be used further.

In case of renewal of a subscription, the price valid at the time of conclusion of the contract shall also apply to renewal periods.

The User is obliged to pay the fee in advance. The provision of the plugin takes place after the execution of the payment process.

User support is included in the price for Bricks2Etch. Support requests must be submitted via the support area at https://bricks2etch.com/support/. The response time is usually 48 hours on working days. The maximum number of support requests allowed can be limited per User and month.

Rights of Use

The Provider is the owner of all copyrights to the plugin. The User receives the simple and non-transferable right to use the plugin and updates. The plugin may be used for the number of websites specified in the selected subscription plan.

Consumers can use the plugin for their own, but also for customer projects.

Rights of use are limited in time to the term of the contract. This shall not apply to lifetime-licenses. These shall be valid for an unlimited period of time.

Provision

The provision of the plugin takes place via a download link in the User’s account. Prerequisite for the download is the use of a license code provided by the Provider.

Users can download the plugin multiple times within the purchased license. The provided license code is valid for the number of websites purchased under a subscription plan.

If the plugin is not provided even after a request by the User, the User may terminate the contract and assert further statutory claims.

Updates

The Provider will provide the User with updates necessary to maintain the contractual compliance of the Plugin during the relevant period and inform the User about these updates. The required updates include security updates.

For lifetime-licenses, updates will be made for at least two years. For Subscription Plans, updates will be made during the term of the Agreement.

If the User fails to install an update within a reasonable period of time, the Provider shall not be liable for any defect in the Product solely due to the failure to install such update, provided that the Provider has informed the User of the availability of the update and the consequences of failure to install it and the fact that the User has failed to install the update or has installed it improperly is not due to any defective installation instructions provided by the Provider.

Defect Rights

In the event of a defect, the User may demand subsequent performance. If the supplementary performance is impossible or fails, the User may terminate the contract or reduce the price and claim damages or reimbursement of expenses if the legal requirements are met. The Provider assumes no independent warranty in addition to the statutory liability for defects.

If the contract is a commercial transaction for both parties, the User has to test the plugin immediately after provision and, if a defect appears, to notify the Provider immediately. If the User fails to notify the Provider, the plugin is considered approved, unless it is a defect that was not recognizable during testing. If such a defect appears later, the notification must be made immediately after discovery; otherwise, the plugin is considered approved also in view of this defect.

Defect rights of the User are excluded if he knows the defect at the time of conclusion of the contract. If the User remained unaware of a defect due to gross negligence, the User can only assert rights due to this defect if the Provider fraudulently concealed the defect or assumed a guarantee for the quality of the plugin.

Liability

The Provider is liable for damages caused by defects and consequential damages caused by defects according to the legal regulations.

If the User’s fault has contributed to the occurrence of a damage, the obligation of the Provider to pay damages as well as the extent of the damages to be paid depends on the circumstances, in particular on the extent to which the damage was primarily caused by the Provider or the User. This also applies if the fault of the User is limited to the fact that he has omitted to draw the Provider’s attention to the danger of an unusually high damage, which the Provider neither knew nor should have known, or that he has omitted to avert or reduce the damage.

Final Provisions

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. Mandatory consumer protection provisions of an EU member state in which the User has his habitual residence shall not be affected by this choice of law.

The EU Commission provides a platform for online dispute resolution on the Internet at: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online contracts in which a consumer is involved. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

If the User is a merchant according to the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the Provider. However, the Provider is also entitled to bring an action at the general place of jurisdiction of the User.