Terms of sale
Draft. These terms have not been reviewed by a lawyer yet.
1. Scope
These terms apply to the use of the Pulse app and to every unlock of a mode or pack from the Pulse Mode Store (“store products”) between Dendree, represented by Lars Gerigk, Kipperweg 10, 70569 Stuttgart, Germany (“we”) and you.
They apply to consumers and businesses alike. Where mandatory consumer law gives you more rights, those rights take precedence.
2. The Pulse app
The Pulse app and its 60 built-in modes are free. You may use them under the Pulse Non-Commercial License: https://github.com/byGamsa/pulse-audio-visualizer/blob/main/LICENSE
3. Dendree account
You need a Dendree account to unlock store products. Keep your sign-in details to yourself. Store products are tied to the account they were unlocked with.
4. Codes and contract
Store products are unlocked with a code. You receive codes from us or from sellers we name. The price shown next to a product is the price of its code.
The contract for a store product is concluded when you redeem its code in the app with your Dendree account. A code can be redeemed once, has no cash value and cannot be exchanged for money.
We may block codes that were obtained unlawfully or are offered for resale. Products already unlocked with a properly obtained code stay unlocked.
5. License for store products
With the unlock you receive a simple, non-transferable right to use the store product for your own, non-commercial purposes on any computer you sign in on with your account.
You may not copy, extract, modify, resell or otherwise pass on store products or the files they consist of, and you may not use them for public performances against payment or other commercial purposes without a separate license from us.
6. Availability
Installed store products keep working through app updates. A product may need a newer version of Pulse; the store tells you so.
We keep store products available for download for as long as we run the Mode Store. If we ever shut it down, modes you already installed keep working.
7. Right of withdrawal
Consumers have a right of withdrawal. You can withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded.
To exercise the right of withdrawal, inform us (Dendree, Lars Gerigk, Kipperweg 10, 70569 Stuttgart, Germany, info@dendree.de) of your decision by a clear statement, for example an email. You can use the model form below, but you do not have to. To meet the deadline, it is enough to send the notice before the period ends.
If you withdraw, we refund all payments received from you without undue delay and within 14 days at the latest, using the same means of payment you used, unless expressly agreed otherwise.
Early expiry: for digital content not supplied on a physical medium, the right of withdrawal expires when we have begun performance after you expressly agreed that we begin before the end of the withdrawal period and confirmed that you know you lose your right of withdrawal by doing so (§ 356 (5) BGB). You give this consent with the checkbox below the code field, in Pulse or on this website; a code cannot be redeemed without it. We store when you gave it.
Model withdrawal form: “To Dendree, Lars Gerigk, Kipperweg 10, 70569 Stuttgart, Germany, info@dendree.de: I hereby withdraw from my contract for the following digital content: … / Ordered on … / Name of consumer … / Address of consumer … / Date …”
8. Warranty
The statutory rules on defects in digital products apply (§§ 327 ff. BGB). If a store product does not work as described, write to info@dendree.de.
9. Liability
We are liable without limitation for intent and gross negligence, under the Product Liability Act and for injury to life, body or health.
For slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for this kind of contract. Otherwise, liability for slight negligence is excluded.
10. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law only applies insofar as it does not take away the protection of mandatory law of the country they live in.
Should individual provisions be invalid, the rest of these terms remain valid.