Terms & Conditions

This document does not replace a legal review. Before relying on it, have it checked by a lawyer specializing in e-commerce/SaaS terms — in particular Section 6 (withdrawal right for digital content) and Section 10 (liability) should be verified against current German law.

1. Scope and Provider

These Terms and Conditions ("Terms") govern the use of the SmartSoulDesigns platform, including the SmartUpload desktop application and the DesignBatch browser tool (together, the "Services"), operated by Uwe Büscher, Kiesauer Trift 38, 26524 Berumbur, Germany ("we", "us", "Provider"). By creating an account or using the Services, you ("you", "Customer") agree to these Terms.

2. Description of Services

Free tier: account registration, access to DesignBatch (browser-based; you supply your own AI provider API key), and other free tools as made available.

Pro tier (paid subscription): additionally unlocks the SmartUpload desktop application via a personal license key valid for one device.

We may add, change, or discontinue individual features at any time; core paid functionality will not be removed without reasonable notice to active subscribers.

3. Registration and Account

You must provide a valid email address and confirm it via the verification link before your account is activated. You are responsible for keeping your login credentials confidential and for all activity under your account.

4. Subscriptions, Pricing and Payment

Pro plans are billed monthly ($12.99) or annually ($129.99) as shown at checkout. All payments are processed by Paddle.com Market Ltd, our payment processor and merchant of record — Paddle bills you, issues invoices/receipts, handles applicable VAT/sales tax, and is the contracting party for the payment transaction itself. We only receive confirmation that a payment was completed. Prices may change for future billing periods; you will be notified in advance of any increase.

5. Term and Cancellation

Subscriptions run until cancelled — there is no minimum term. You can cancel at any time from your Dashboard; cancellation takes effect immediately, and your account reverts to the Free tier with no further charges. Amounts already paid for the current billing period are not refunded on cancellation, except as required by law or set out in Section 6.

6. Right of Withdrawal (Digital Content)

As a consumer in the EU/EEA, you generally have a 14-day right of withdrawal from a distance contract. Because a Pro subscription grants immediate access to digital content/services, this right expires early once performance has begun, provided you have expressly consented to immediate performance and acknowledged the resulting loss of your withdrawal right (this consent is requested during the Paddle checkout process). If you did not give this consent, your statutory 14-day withdrawal right applies — contact support@smartsouldesigns.de to withdraw.

7. Your Responsibilities / Acceptable Use

You may only use the Services for lawful purposes and in compliance with Amazon's own Merch on Demand policies and applicable trademark/copyright law when creating and uploading designs. You are solely responsible for the content you generate, upload, and publish through the Services.

8. Third-Party AI Providers

Where a Service requires an AI provider API key (e.g. Anthropic Claude, Google Gemini, Kie.ai) that you supply yourself, your use of that provider is governed by the provider's own terms. We are not a party to that relationship and are not responsible for the provider's availability, pricing, or output.

9. Availability and Changes

We aim for high availability but do not guarantee uninterrupted access to the Services. We may perform maintenance, updates, or modifications to the Services at any time.

10. Liability

We are liable without limitation for intent and gross negligence, and for damages arising from injury to life, body, or health. For ordinary negligence, we are liable only for breach of a material contractual obligation, limited to foreseeable, typical damage. Liability under the Product Liability Act remains unaffected.

11. Data Protection

Please see our Privacy Policy for details on how we process personal data.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or via a notice in your Dashboard before they take effect.

13. Governing Law and Jurisdiction

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, mandatory consumer-protection provisions of your country of residence remain unaffected. For merchants, the place of jurisdiction is Berumbur, Germany.

14. Contact

Uwe Büscher, Kiesauer Trift 38, 26524 Berumbur, Germany

Email: support@smartsouldesigns.de