Version 1.0, effective as of 02 May 2025
1. Introduction
Welcome to the Simplifier Makers Club. These Terms of Use (“Terms”) govern the purchase and use of extended Simplifier Cloud Services, providing access to advanced product features.
“Cloud-based services” refer to advanced product functionalities such as:
- Automatic translation in multiple languages
- Creation of native mobile applications via cloud-based services
- Utilization of artificial intelligence (AI)
- Document content recognition
- Automated software testing
And other defined services.
The extended cloud services are exclusively available to existing Simplifier licensees.
2. Scope of Application
2.1 These Terms apply in their current version at the time of use (e.g., when accessing the application).
2.2 These Terms are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
2.3 They govern the use of Simplifier Cloud Services and set forth the conditions for customer use. They also apply to the provision of updates, enhancements, and other modifications to the offered content.
2.4 We reserve the right to amend these Terms at any time with future effect, provided there are compelling reasons, including changes in legal regulations or supreme court rulings, technical developments, new organizational requirements, or changes in market conditions.
2.5 By purchasing and using the extended cloud services, you (“Customer,” “you,” or “your”) agree to these Terms.
2.6 If services are provided free of charge, we reserve the right to modify or discontinue them at any time and to adjust the Terms accordingly.
2.7 These Terms are exclusive. Deviating, conflicting, or supplementary terms and conditions of customers or third parties do not become part of the contract unless we have expressly agreed to their applicability.
2.8 Right of Objection: The customer has the right to object to changes to these Terms within 30 days of notification in text form. In the event of an objection, the contract remains under the previous conditions. The objection must be declared in writing or electronically (e.g., by email). If no objection is made within the specified period, the changes are deemed accepted.
3. Conclusion of Contract
3.1 Registration in the Makers Club: The customer must first register for free in the Simplifier Makers Club to create an online account. This registration is required to access the extended Simplifier Cloud Services.
3.2 Login to the Makers Club: After registration, the customer must log in to their Makers Club account using their credentials. Only through successful login is access to the extended functions and services of the Simplifier Makers Club enabled.
3.3 Conclusion of a Usage Agreement: In the next step, the customer must conclude an active usage agreement for each desired extended cloud service. The use of the respective cloud services is only possible with a valid agreement.
3.4 License Update: After concluding the usage agreement, an authorized person of the customer, such as a Simplifier administrator, must update the license once via the “Refresh License” function. Only through this license update is the use of the cloud services activated.
3.5 Activation of Use: Once the license update has been successfully performed, the use of the respective cloud service is activated and can be utilized by the customer.
4. Billing
4.1 Individual usage transactions within the cloud services are billed in euros.
4.2 You pay exclusively per usage transaction after the service has been provided (pay-per-use).
4.3 Before concluding a contract for the use of a service, the corresponding price is displayed and is billed monthly based on consumption. The invoice is due for payment immediately upon receipt without deduction.
4.4 The current prices per usage unit are available at any time in the Makers Club Marketplace. Prices are quoted excluding VAT. Billing is carried out on the invoice with the applicable statutory VAT rate. Invoices are provided to the customer exclusively in electronic form, either by email or via the customer account in the Simplifier Makers Club. There is no entitlement to postal delivery.
4.5 Discounts are non-refundable, non-transferable, and have no cash value outside the platform.
4.6 You agree to provide accurate and up-to-date payment information for each payment. Furthermore, you acknowledge that separate terms of use or business conditions of the payment service providers we use may apply to the payment processing. These must be acknowledged and accepted before using the respective payment method.
4.7 Payment Default: In the event of payment default, we are entitled to charge default interest at a rate of 9 percentage points above the base interest rate of the European Central Bank. The assertion of higher default damages remains reserved. If payment is not made even after a payment reminder or dunning notice, we reserve the right to suspend access to the cloud services until the outstanding payment is fully settled. The costs of reminders and collection, including attorney fees, are borne by the customer.
4.8 Price changes will be announced at least 30 days in advance.
5. Technical Requirements
5.1 Minimum System Requirements: To use the extended Simplifier Cloud Services, the customer must use at least Simplifier version Makers Choice 25-05 or a newer version. This version or higher ensures that all relevant functions and security standards for using the services are available.
5.2 License Update: The customer agrees to use the “Refresh License” function after each update of the Simplifier platform to ensure that their license is up to date and the necessary updates for using the services are integrated.
5.3 Active Usage Agreement: The customer must have concluded an active usage agreement for the extended cloud services. Without such an agreement, the respective services cannot be used.
6. Account Responsibility
6.1 Online Account in the Simplifier Makers Club: To conclude a usage agreement for the extended Simplifier Cloud Services, the creation of an online account in the Simplifier Makers Club is required. This account is managed via the authentication service MyID, which is responsible for login, verification, and management of your user data as well as for authentication when using the services.
6.2 You agree to keep your login credentials (username and password) and all other authentication data managed by MyID confidential and not to disclose them to third parties. You are responsible for all activities that occur under your account.
6.3 You are responsible for the security of your account and for protecting it against unauthorized access.
6.4 The authorization to use the cloud services resulting from the online account in the Simplifier Makers Club is not transferable to third parties. The online account must not be made available to another person or used on behalf of another person. As a customer, you are generally liable for all activities carried out using your online account. If you are not responsible for the misuse of your online account because there is no breach of existing duties of care, you are not liable.
7. Termination and Suspension
7.1 We reserve the right to suspend or terminate your access if fraudulent activities, payment default, or violations of these Terms are detected.
7.2 You have the right to terminate your online account in the Simplifier Makers Club at any time without notice. Termination can be carried out online via the Simplifier Makers Club and immediately ends access to the terminated service.
8. Limitation of Liability
8.1 We do not guarantee uninterrupted availability of the services and are not liable for losses due to service interruptions.
8.2 We are only liable for slight negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations that we are required to fulfill according to the content and purpose of this contract and its supplements, whose fulfillment enables the proper execution of this contract and on whose compliance you as a customer regularly rely and may rely. The liability is limited, except in cases of injury to life, body, or health, to the typically foreseeable damage that we had to expect at the time of contract conclusion based on the circumstances known at that time.
8.3 The customer indemnifies us against all claims of third parties arising from unlawful use of the cloud services by the customer or with their approval, especially in cases of violations of legal regulations, third-party rights (e.g., copyright, data protection, or trademark rights), or these Terms of Use. This includes the reasonable costs of legal defense. The customer is obliged to inform us immediately, truthfully, and fully about all information required for defense in such a case.
9. Applicable Law and Jurisdiction
9.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.2 The place of jurisdiction for all disputes arising from or in connection with these Terms is Würzburg. However, we reserve the right to bring an action at the customer’s general place of jurisdiction.
9.3 The place of performance for all contractual services, including payments and delivery of digital content, is Würzburg.
10. Data Protection
10.1 The protection of your personal data is of utmost importance to us. The processing of your data is carried out in compliance with applicable data protection laws, particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
10.2 In the context of using the extended Simplifier Cloud Services, we process personal data to the extent necessary for contract performance (Art. 6(1)(b) GDPR), for the protection of legitimate interests (Art. 6(1)(f) GDPR), or based on your consent (Art. 6(1)(a) GDPR).
10.3 The personal data processed includes, in particular, login data (e.g., username, email address), usage data (e.g., logins, access to cloud functions), and payment information. These data are processed exclusively for the purposes of contract execution, technical provision of the services, and billing.
10.4 Your personal data is only disclosed to third parties within the framework of legal provisions, such as to payment service providers or IT service providers commissioned by us who process the data on our behalf in accordance with Art. 28 GDPR (data processing agreement).
10.5 You have the right at any time to access, rectify, erase, restrict processing, and data portability of your personal data in accordance with legal requirements. Furthermore, you have the right to object to certain processing and the right to lodge a complaint with a supervisory authority.
10.6 Further information on the processing of personal data, the service providers used, and your rights can be found in our Privacy Policy, which is available at any time on our website and in the Simplifier Makers Club.
11. Contact Information
For questions or support, please contact us via our support portal.
