Terms of Service:
Our Agreement

Welcome to prosemaker.com ("Service"), a web application provided by Markus Schmidt, a business entity registered in Germany with its principal place of business at Tilsiter Straße 2, 66292 Riegelsberg ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Definitions

• "Account" means a unique account created for you to access our Service.
• "Subscription" refers to the paid access to premium features of our Service according to the plan you selected.
• "User" means an individual who accesses or uses the Service.
• "Content" means any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Service.

2. Account Registration

To use certain features of the Service, you must register for an Account. You must provide accurate, current, and complete information during the registration process and keep your Account information updated.

You are responsible for safeguarding your Account and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized access to your Account.

3. Termination

We may terminate or suspend your Account if you materially breach these Terms, engage in conduct that violates applicable laws, or use the Service in a manner that harms other users or our systems.

Except in cases of immediate safety concerns or legal violations, we will provide reasonable notice before termination.

Upon termination, your right to use the Service will cease immediately.

4. Subscriptions and Payments

4.1 Subscription Plans

The Service offers subscription plans as outlined on our website https://prosemaker.com. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.

4.2 Payment Terms

All payments are processed through Stripe, Inc.. By subscribing, you authorize us to charge the payment method you provide for the subscription plan you select.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.

4.3 Subscription Term and Renewal

Subscriptions will automatically renew for the same period unless you cancel your subscription at least 14 days before the end of the current billing period.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your Account settings. Cancellations will take effect at the end of the current billing period.

Refunds may be provided in the following circumstances:

• Technical issues that prevent you from using the Service for more than 7 consecutive days
• Billing errors or unauthorized charges
• As required by applicable consumer protection laws
• At our sole discretion for exceptional circumstances

Refund requests must be submitted within 30 days of the billing date. Refunds, when approved, will be processed within 14 business days.

EU consumers may have additional cancellation and refund rights under applicable consumer protection directives.

5. User Responsibilities

5.1 Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To transmit any material that is defamatory, offensive, or otherwise objectionable
• To attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
• To collect or track the personal information of others
• For any unauthorized commercial purposes

5.2 Content Ownership and License

You retain all rights, title, and ownership to any Content you submit, post, or display on or through the Service. We do not claim any ownership rights in your Content.

By using the Service, you grant us a limited, non-exclusive, royalty-free license to access and use your Content solely for the following purposes:

• To provide and operate the Service to you
• To perform technical operations necessary for the Service (such as backup, storage, and transmission)
• To analyze usage patterns and improve our Service functionality (in aggregated, anonymized form where possible)

This license does not grant us any rights to distribute, publish, share, or otherwise make your Content available to third parties. We will not use your Content for marketing purposes or share it outside our organization without your explicit consent.

The license granted to us will terminate when you delete your Content from the Service or terminate your Account, except to the extent we need to retain anonymized, aggregated data for service improvement purposes.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Markus Schmidt and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries.

7. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which can be found at https://prosemaker.com/en/privacy-policy. By using the Service, you consent to the practices described in the Privacy Policy.

8. Disclaimer of Warranties

We strive to provide a reliable and functional Service. However, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Any defects in the Service will be corrected
• The Service will meet your specific requirements

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Breach of the terms implied by law regarding title and quiet possession
• Defective products under applicable product liability laws
• Any liability that cannot be excluded or limited under applicable law

9. Limitation of Liability

9.1 Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Loss of profits, revenue, or business opportunities
• Loss of data (except where we have failed to implement reasonable backup procedures)
• Indirect, incidental, special, consequential, or punitive damages
• Any damages arising from your inability to use the Service due to technical issues beyond our reasonable control

9.2 Liability Cap

Our total liability to you for all claims arising from your use of the Service in any calendar year shall not exceed the total amount you paid us for the Service in the 12 months preceding the claim.

9.3 Consumer Rights Protection

If you are a consumer under applicable EU consumer protection laws:

• These limitations apply only to the extent permitted by law
• Nothing in these Terms affects your statutory rights as a consumer
• You may have additional rights under applicable consumer protection directives that cannot be excluded or limited

9.4 SaaS-Specific Limitations

Given the nature of software-as-a-service applications, you acknowledge that:

• Temporary service interruptions may occur due to maintenance, updates, or technical issues
• We depend on third-party services and infrastructure that may occasionally fail
• You are responsible for maintaining your own backups of important data where technically feasible

10. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the changes becoming effective.

11. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Federal Republic of Germany. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Saarbrücken, Germany.

12. International Users

The Service is controlled, operated, and administered by Markus Schmidt from its offices in Germany. If you access the Service from a location outside Germany, you are responsible for compliance with all local laws.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Address
prosemaker.com - Markus Schmidt
Tilsiter Straße 2
66292 Riegelsberg
Germany

Email
contact@prosemaker.com