1. Scope and Provider

These Terms of Service ("Terms") apply to the use of the website qubicast.com and to all software subscriptions and related services (together, the "Services") offered by:

QubiCast GmbH, Am alten Sportplatz 32, 52511 Geilenkirchen, Germany. Registered with the commercial register of the Local Court (Amtsgericht) of Aachen, HRB 27630. VAT ID: DE 367638113. Managing directors: Philipp Haller, Mitja Schmakeit. Email: contact@qubicast.com ("QubiCast", "we", "us").

These Terms apply to both consumers and business customers. A "Consumer" (Verbraucher, Section 13 of the German Civil Code, BGB) is any natural person who enters into the contract for purposes that are predominantly outside their trade, business, or profession. A "Business Customer" (Unternehmer, Section 14 BGB) is a natural or legal person or a partnership with legal capacity acting in exercise of their trade, business, or profession.

Deviating, conflicting, or supplementary terms of a Business Customer do not become part of the contract unless we have expressly agreed to them in writing.

2. Subject of the Contract

QubiCast provides subscription-based software products, currently including:

• QubiSet (paid plans "Freelance" and "Freelance Pro") — a lighting-control software product for professional users;
• QubiResponder — a companion software product;
• free-of-charge access tiers (such as free plans and time-limited "Early Access" offers) provided for evaluation purposes.

The scope of features of each product and plan is described on the respective product pages at the time of ordering. During the subscription term, we provide the contracted software and its online services for use in their current version. Claims to specific future features that we have not expressly promised do not exist.

Free tiers are provided free of charge. We may modify, limit, or discontinue free tiers with reasonable advance notice. Statutory rights that apply to contracts for digital products remain unaffected.

3. Contract Conclusion

The presentation of the Services on our website is not a binding offer. By completing the checkout process (operated by our payment provider Stripe) and clicking the order button, you make a binding offer to subscribe. The contract is concluded when we confirm the subscription by email or activate the Services for your account, whichever occurs first.

The contract language is English. We store the text of the contract; you receive the essential contract terms with the order confirmation email. These Terms can be accessed, saved, and printed at any time at qubicast.com/terms.

4. Prices and Payment

All prices shown to consumers include German statutory VAT. For Business Customers in other EU member states with a valid VAT ID, the reverse-charge mechanism may apply; applicable taxes are calculated at checkout.

Payment is processed by Stripe. Subscription fees are due in advance for the respective billing period (monthly or yearly, as selected). You can update your payment method at any time via the customer portal ("Manage subscription").

If a payment fails, we will notify you and may suspend access to the paid Services after a reasonable grace period and an unsuccessful reminder. Your obligation to pay for the period until an effective cancellation remains unaffected. We reserve the right to claim further damages for default; you are free to demonstrate that no damage or significantly lower damage occurred.

5. Term, Renewal, and Cancellation

Subscriptions run for the billing period selected at checkout (one month or twelve months) beginning on the date of activation.

Monthly plans continue month by month for an indefinite period. You can cancel at any time with effect from the end of the current billing month.

Yearly plans: after the initial twelve-month term, the subscription continues for an indefinite period. If you are a Consumer, you can cancel at any time after the initial term with a notice period of one month. If a renewal payment covering a period beyond the effective cancellation date has already been collected, we will refund the unused portion pro rata. For Business Customers, yearly plans renew for successive twelve-month periods unless cancelled with at least one month's notice before the end of the current term.

Cancellation requires no particular form: you can cancel via the customer portal ("Manage subscription" in your account), or in text form, for example by email to contact@qubicast.com. Upon an effective cancellation, the subscription ends at the close of the respective period; access to paid features ends at that time.

The right of both parties to terminate for good cause (Section 314 BGB) remains unaffected.

6. Plan Changes

You can switch between the plans of a product via the customer portal. Upgrades take effect immediately; the price difference for the remainder of the current billing period is charged pro rata. Downgrades and switches to a cheaper plan take effect as prorated under the same mechanism shown to you in the portal before you confirm the change.

7. Right of Withdrawal for Consumers

If you are a Consumer, you have the following statutory right of withdrawal:

Withdrawal Instruction (Widerrufsbelehrung)

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us — QubiCast GmbH, Am alten Sportplatz 32, 52511 Geilenkirchen, Germany, email: contact@qubicast.com — of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested that the performance of the Services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To QubiCast GmbH, Am alten Sportplatz 32, 52511 Geilenkirchen, Germany, email: contact@qubicast.com:

• I/We () hereby give notice that I/we () withdraw from my/our (*) contract for the provision of the following service: ______
• Ordered on: ______
• Name of the consumer(s): ______
• Address of the consumer(s): ______
• Signature of the consumer(s) (only if this form is notified on paper): ______
• Date: ______

(*) Delete as appropriate.

End of the Withdrawal Instruction

If, at checkout, you expressly request that we begin providing the Services before the end of the withdrawal period, your right of withdrawal remains, but in the event of withdrawal you owe pro-rata compensation for the Services provided up to your withdrawal, as described above.

8. Your Obligations

You must keep your account credentials confidential and inform us without undue delay of any suspected unauthorized use of your account. You may use the Services only in compliance with applicable law and not attempt to disrupt, overload, reverse engineer (beyond what mandatory statutory law permits), or gain unauthorized access to the Services or their infrastructure.

9. Availability, Support, and Updates

We provide the online components of the Services with the care customary in the industry, but continuous, uninterrupted availability cannot be guaranteed; maintenance windows and disturbances outside our control (e.g. network failures) may temporarily limit availability. We will carry out maintenance, where feasible, at times of typically low usage.

For the duration of the subscription, we provide updates — including security updates — that are necessary to keep the Services in conformity with the contract (Section 327f BGB), and will inform you about them in an appropriate manner.

10. Warranty

For Consumers, the statutory rights for contracts on digital products (Sections 327 et seq. BGB) apply to the Services without restriction, including the remedies of subsequent performance, price reduction, termination of the contract, and damages.

For Business Customers, the statutory warranty rules for lease-type contracts apply with the following modification: strict liability for defects that existed at the time of contract conclusion regardless of fault (Section 536a (1), 1st alternative BGB) is excluded; our liability for defects otherwise follows Section 11 of these Terms.

11. Liability

We are liable without limitation:

• for intent and gross negligence;
• for injury to life, body, or health;
• under the German Product Liability Act (Produkthaftungsgesetz);
• to the extent we have assumed a guarantee or fraudulently concealed a defect.

For slight negligence, we are liable only for the breach of essential contractual obligations — obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance you regularly rely — and in that case our liability is limited to the damage that is foreseeable and typical for contracts of this kind. In all other respects, our liability for slight negligence is excluded.

The above limitations also apply in favour of our legal representatives and vicarious agents. They do not change the statutory allocation of the burden of proof.

12. Data Protection

Information on how we process personal data in connection with the website and the Services is provided in our Privacy Policy.

13. Changes to these Terms

We may amend these Terms with effect for the future where this is necessary for good reason — in particular changes in the law or case law, changes to our Services within the agreed scope, or closing gaps in these Terms — and where the amendment is reasonable for you, taking into account our mutual interests. We will notify you of proposed amendments in text form (e.g. by email) at least six weeks before they take effect. If you do not object within six weeks of receipt of the notification, the amended Terms are deemed accepted; in the notification, we will specifically point out your right to object, the deadline, and the consequences of not objecting. Amendments that would change the contractual relationship as a whole in favour of us in a way equivalent to a new contract (in particular the nature of the Services or the price structure of a running subscription) require your express consent. If you object, we may terminate the contract with effect from the end of the current billing period.

14. Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).

15. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a Consumer and have your habitual residence in another country, this choice of law does not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country of your habitual residence.

If you are a merchant (Kaufmann), a legal person under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Aachen, Germany. Statutory places of jurisdiction for Consumers remain unaffected.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.