Terms of Service

1. Scope of Application

These General Terms and Conditions apply to all business relationships between Lexbeam Software (hereinafter "Provider" or "we") and customers (hereinafter "Customer" or "you") regarding the use of our software services and products.

These Terms apply to both consumers (individuals acting for purposes outside their trade, business, craft, or profession) and entrepreneurs (individuals or legal entities acting in the exercise of their trade, business, craft, or profession).

Customer terms and conditions that contradict or deviate from these Terms are only valid if we expressly agree to them in writing.

2. Definitions

• "Services" refers to all software products, web applications, APIs, and related services offered by the Provider
• "Account" refers to the user account created to access our Services
• "Subscription" refers to the paid access plan for our Services
• "Content" refers to any data, text, files, information, usernames, images, or other materials uploaded or provided by users

3. Contract Formation

3.1 Registration and Waitlist

By signing up for our waitlist or creating an account, you submit an offer to enter into a contract with us. We accept this offer by granting you access to our Services or by sending a confirmation email.

Registration on the waitlist does not create any contractual obligations. It merely expresses interest in our Services and grants us permission to contact you when the service becomes available.

3.2 Account Creation

To use our Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must:

• Be at least 16 years old to create an account
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account

3.3 Subscription Orders

When you purchase a subscription, the presentation of services on our website does not constitute a binding offer. By clicking the order button, you submit a binding offer to purchase the selected subscription. We will send you an email confirming receipt of your order. The contract is concluded when we send you a separate confirmation email or grant you access to the paid features.

4. Service Description

The specific features, functionalities, and limitations of our Services are described on our website and in the service documentation. We reserve the right to:

• Modify, update, or discontinue features with reasonable notice
• Perform maintenance and updates that may temporarily affect availability
• Implement usage limits and restrictions as specified in your subscription plan

We strive to provide reliable and continuous service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be announced in advance when possible.

5. Prices and Payment

5.1 Pricing

All prices are stated in Euro (EUR) and include applicable German value-added tax (VAT) unless otherwise indicated. For business customers outside Germany, VAT may be subject to the reverse charge mechanism.

Subscription fees are billed in advance for the selected billing period (monthly or annually). Prices are as displayed at the time of purchase and may be changed for future billing periods with at least 30 days' notice.

5.2 Payment Methods

We accept the following payment methods: credit card, debit card, and other payment methods as indicated during checkout. Payment is due immediately upon order placement.

5.3 Payment Processing

By providing payment information, you authorize us (or our payment processor) to charge the applicable fees to your payment method. If automatic payment fails, we will notify you, and you must provide an alternative payment method within 7 days to avoid service interruption.

5.4 Refunds

Refund policies depend on your subscription type and the circumstances. Please refer to our refund policy or contact customer support for specific cases. Generally, no refunds are provided for partial billing periods, except as required by law.

6. Right of Withdrawal (for Consumers)

If you are a consumer (i.e., you are purchasing the Services for purposes that are outside your trade, business, craft, or profession), you have the right to withdraw from this contract within 14 days without giving any reason.

6.1 Withdrawal Period

The withdrawal period is 14 days from the day of contract conclusion (for digital services) or from the day you receive access to the Services.

6.2 Exercise of Withdrawal Right

To exercise your right of withdrawal, you must inform us of your decision by a clear statement (e.g., email). You may use the withdrawal form provided below, but it is not mandatory.

Email: info@lexbeam.com

6.3 Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day we receive notice of your withdrawal.

6.4 Early Commencement

If you request that the service begins during the withdrawal period, you agree to pay a proportionate amount for the services provided until you communicated your withdrawal. The right of withdrawal expires if we have fully performed the service with your prior express consent and acknowledgment that you lose your right of withdrawal upon complete performance.

6.5 Sample Withdrawal Form

7. User Obligations and Prohibited Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services to transmit, distribute, or store material that is unlawful, defamatory, obscene, or otherwise objectionable
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Interfere with or disrupt the Services or servers connected to the Services
• Use automated systems (bots, scrapers) to access the Services without our prior written permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or modify any proprietary notices or labels
• Use the Services to compete with us or to develop a competing product or service

We reserve the right to suspend or terminate your account if you violate these terms or engage in conduct that we deem harmful to the Services or other users.

8. Intellectual Property Rights

8.1 Our Rights

All intellectual property rights in the Services, including software, design, text, graphics, logos, and trademarks, are owned by or licensed to the Provider. You are granted a limited, non-exclusive, non-transferable right to access and use the Services in accordance with these Terms.

8.2 Your Content

You retain all ownership rights to the content you upload or provide through the Services. By uploading content, you grant us a worldwide, royalty-free, non-exclusive license to use, store, process, and display your content solely for the purpose of providing and improving the Services.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without any obligation or compensation to you.

9. Data Protection and Privacy

The protection of your personal data is important to us. Our collection, use, and processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

We process your data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. For details, please refer to our Privacy Policy.

10. Term and Termination

10.1 Contract Duration

Subscriptions run for the selected billing period (monthly or annually) and automatically renew unless canceled before the end of the current period.

10.2 Cancellation by Customer

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will be effective at the end of the current billing period. No refunds will be provided for the remaining period unless required by law.

10.3 Termination by Provider

We may suspend or terminate your account immediately if you violate these Terms, fail to pay applicable fees, or engage in conduct that poses a risk to the Services or other users.

We may also terminate your account or discontinue the Services with 30 days' written notice for other reasons, including business reasons or changes to our service offerings.

10.4 Effects of Termination

Upon termination, your right to access and use the Services will immediately cease. You are responsible for exporting any content or data before termination, as we are not obligated to retain your data after contract termination.

11. Limitation of Liability

11.1 Unlimited Liability

We are fully liable without limitation for:

• Damages resulting from injury to life, body, or health caused by our negligence
• Damages caused by intentional misconduct or gross negligence
• Damages covered by mandatory statutory liability (e.g., Product Liability Act)
• Damages resulting from the absence of guaranteed characteristics

11.2 Limited Liability

For damages caused by slight negligence, we are only liable if a material contractual obligation (cardinal duty) is breached. In such cases, liability is limited to foreseeable, typical damages. Material contractual obligations are those whose fulfillment is essential for proper contract performance and on which the customer may reasonably rely.

11.3 Exclusion of Liability

Any further liability beyond the cases listed above is excluded, regardless of the legal nature of the claim. This applies in particular to tortious claims or claims for reimbursement of futile expenses.

11.4 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, power failures, or interruptions in telecommunications or internet services.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Provider, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you upload or provide through the Services

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a prominent notice on our website at least 30 days before the changes take effect.

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you may terminate your account before the changes take effect.

14. Final Provisions

14.1 Applicable Law

These Terms and any disputes arising from or in connection with them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law only applies to the extent that it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.

14.2 Jurisdiction

If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Düsseldorf, Germany.

For consumers, the statutory provisions on jurisdiction apply. We may also bring proceedings in the courts of the country where you have your habitual residence.

14.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that most closely reflects the intent of the original provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.5 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and the Provider regarding the use of the Services and supersede all prior agreements and understandings.

14.6 Language

These Terms are provided in English. In case of any discrepancies between the English version and a translated version, the English version shall prevail.

15. Contact Information

If you have any questions about these Terms or need to contact us regarding your account or subscription, please reach out:

Lexbeam Software
Owner: Werner Plutat
Speditionstraße 15A
40221 Düsseldorf
Germany

Email: info@lexbeam.com