Terms and Conditions for DMXDesktop

General provisions

These Terms and Conditions ("Terms") govern:

• your access to and use of DMXDesktop software and services ("Services") provided by DMXDesktop, operated by Michael Lines;
• the rules of use of the DMXDesktop, including the rules of registration and use of a User account within the DMXDesktop;
• terms and conditions for placing Electronic Orders within the DMXDesktop;
• principles of concluding Contracts within the DMXDesktop;
• the User's right to withdraw from the Contract;
• rules for filing and processing of User complaints

and are binding under Polish and European Union law.

Service Provider Information

Company: Michael Lines doing business under the name of: DMXDesktop – Michael Lines
Registered Address: Ekologiczna 41, 72-006 Mierzyn, Poland
NIP: PL8513317812
REGON: 529577980
Telephone number: +48 512 464 764
Registration Authority: CEIDG (Central Register and Information on Economic Activity kept by minister in charge of economy)
Contact Email: [email protected]
Online Contact: https://www.dmxdesktop.com/contact

Legal Basis and Definitions

These Terms comply with:

• The Act of 30 May 2014 on Consumer Rights
• The Act of 18 July 2002 on the Provision of Electronic Services
• The Civil Code of 23 April 1964
• The Omnibus Directive (EU 2019/2161)

Definitions:

• User – a natural person with full legal capacity, a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, who, in particular, makes Orders at the DMXDesktop and uses Services
• DMXDesktop – internet service available at: https://www.dmxdesktop.com, through which the User may, in particular, browse the Goods and Services presented by the Company, download DMXDesktop application
• DMXDesktop application – free downloadable software available at DMXDesktop – through which the User may, in particular, browse the Goods and Services presented by the Company, place Orders for them and conclude Contracts
• User Account – functionality of the DMXDesktop and DMXDesktop application, giving the possibility to make Orders without re-entering the User's identification data, as well as presenting the history and statuses of Orders, subscription management and active login licenses
• Consumer – User who is a natural person and who makes legal transactions with the Company that are not directly related to his or her economic or professional activity
• Entrepreneur on the rights of the consumer – User who is a natural person, who makes the legal transaction with the Company directly related to his business activity, when the content of this transaction shows that it does not have a professional character for this person, resulting in particular from the subject of its business activity
• Goods – Digital Content i.e. software licenses or downloadable applications presented in the DMXDesktop and DMXDesktop application
• Services – Digital Services presented in the DMXDesktop and DMXDesktop application
• Products – Goods or Services provided by Company
• Digital Content – Data provided digitally (e.g., lighting profiles)
• Digital Service – Functionality enabling access, processing, sharing or storage of digital data
• Contract – a legally binding agreement concerning the conclusion of a license agreement for Goods or provision of Services made between Company and User via DMXDesktop application
• Order – a statement of intent by the User, aimed directly at concluding a Contract, specifying in particular the type and number of Goods or Services selected from the DMXDesktop application
• Distance Contract – A contract concluded without simultaneous physical presence via electronic means
• Price – The monetary value or digital equivalent payable for Goods or Services
• Subscription Plan – contract under which the User obtains access to Digital Content or Digital Services on a continuous or recurring basis for a predetermined period of time in exchange for regular payments. Individual subscription plans are described at DMXDesktop and DMXDesktop application

Account Creation and Access

To use DMXDesktop Users can use the website without logging in.

To use DMXDesktop application and create the Account, Users must download the application from DMXDesktop and then log in using:

• Google Sign-In
• Facebook Login
• Sign in with Apple (where available)

To log in the User provides: Name (Forename, Surname), email address, a link to a publicly available profile photo if the User has set one in their profile in Google, Facebook, etc.

No separate password is stored or required. Users are responsible for securing their credentials.

At the moment of creating a User Account, a contract for the provision of electronic services concerning the User Account is concluded between the Company and the User. This agreement is concluded for an indefinite period of time.

The User has the option to delete the User Account at any time, without giving any reason and without incurring any fees for doing so, by sending an e-mail to: [email protected] with the request. Deletion of the User Account shall take place immediately and shall mean termination by the User of the agreement on provision of electronic services concerning the User Account.

Electronic Services and Technical Requirements

The contract for the provision of services by electronic means is concluded between the User and the Company for an indefinite period of time through the User's entry to the DMXDesktop website or DMXDesktop application. This contract is terminated each time by ending the User's browsing of the DMXDesktop website or DMXDesktop application.

Through the DMXDesktop, the Company provides the following services, electronically, to the extent and on the terms specified in these Terms and Conditions:

• An information service, which consists in providing Users with access to text, graphic, and multimedia materials related to the products offered on the Company website
• A download service, which consists in enabling Users to download fragments of content or entire files made available by the Company within the website
• Contact form service, which consists in enabling Users to contact the Company using an electronic contact form available on the DMXDesktop

Through the DMXDesktop application, Services provided also include:

• Browsing the Products and content presented in the DMXDesktop application
• Registering a User Account
• Placing Orders and concluding Contracts
• Digital downloads and updates
• Cloud sync and profile sharing
• Subscription and licensing management

Technical Requirements:

• Computer, laptop, or other multimedia device
• Modern browser (e.g., Chrome, Firefox, Edge) that accepts cookies
• Internet connection (for cloud access and using the functionality of the DMXDesktop website)
• Active email account
• Compatible OS (Windows/macOS)

The technical requirements that the User's computer or other device must meet in order to use the purchased electronic Product are specified in the description of each Product.

Risks: Standard online risks (interruption, data breach, unauthorized access). Users should use appropriate technical measures to minimize the risks indicated above (i.e., anti-virus software, identity protection software on the Internet).

Prohibited: Users may not post or share unlawful, offensive, or copyrighted content.

Order Process and Contract Conclusion

Order Process:

1. If you don't have one downloaded, download the DMXDesktop application on your device
2. Login via Google/Facebook
3. Choose a plan (Free, Subscription, Lifetime)
4. Provide payment details (Stripe, Inc.) and make an effective payment
5. Receive confirmation email with acceptance of the Order and Contract

All payments are processed by Stripe, Inc. The Company does not allow payment for the Order by traditional bank transfer.

Conclusion of Contract: Confirmed when email receipt is sent. Recording, securing and making available to the User the content of the concluded Contract takes place by sending the User an e-mail message.

Language of the Contract: English.

Terms of Use and License Conditions: The terms of use for Digital Products and Services are further specified by the applicable license terms set out in the End-User License Agreement (EULA), which is sent via e-mail with receipt.

Order correction: Contact us via email before activation of the Goods or Services.

Prices, Billing and Invoicing

Currency:

• PLN (Poland)
• EUR (EU)
• GBP (UK)
• USD (rest of world)

Display: Gross (VAT-inclusive) or net as stated.

Payment Deadline: Immediate.

VAT Invoices: Emailed on request. Acceptance of the Terms constitutes at the same time consent to sending invoices in electronic form. The User has the right to withdraw his/her acceptance.

Automated pricing: Not used.

Discounts: Previous lowest 30-day price shown at information about product price reduction, per Omnibus Directive.

Subscription payments and other purchases are processed securely through Stripe.com. By subscribing or purchasing, you agree to Stripe's terms of service. Your payment details are managed in compliance with their security standards.

Digital Content Delivery and Updates

Digital Content and Services are delivered immediately post-purchase unless specified otherwise. You have the right to withdraw from the Contract if the Goods or Services are not made available immediately.

Version of Digital Content or Service: Unless expressly agreed otherwise in the Order, the Digital Content or Service is provided in the latest version available at the time of the conclusion of the Contract.

We do not offer additional warranty other than that required by law.

Updates for Goods and Services:

• Subscriptions: Include all updates
• Lifetime License: Includes only v1.x updates

Updates needed for compliance and security are free of charge. Users will be informed, and failing to install them may void conformity guarantees.

Detailed terms and conditions regarding upgrades and improvements to the functionality of Products, including availability, frequency, and scope, are governed by the EULA.

Right of Withdrawal

You may withdraw from the Contract within 14 days of its conclusion by sending an email to: [email protected] or submitting the form (the model of which is attached as Appendix to the Act on Consumer Rights). It is recommended that the User provide following information in the withdrawal statement:

Exclusion of the Right of Withdrawal

In accordance with Art. 38 (1) (13) of the Act on Consumer Rights, the right to withdraw from the Contract within 14 days does not apply to the delivery of digital content not supplied on a tangible medium if:

• The performance (provision of access) has begun with the User's express and prior consent;
• The User was informed prior to the start of the performance that they would lose their right to withdraw upon such performance;
• The User acknowledged this information;
• The Company provided confirmation of the concluded contract on a durable medium (email), including the acknowledgment of the loss of the right to withdraw.

Prior to placing an Order for our Products, we provide you with clear information regarding the loss of your right to withdraw from the Agreement in such circumstances. A mandatory condition for placing an Order for such Products is your express consent to the commencement of the performance of the service before the expiry of the statutory 14-day withdrawal period, and your acknowledgment of the associated loss of the right to withdraw from the Contract upon such performance.

Refund: In cases where the statutory right of withdrawal applies or has not been effectively waived in accordance with the law; the Company shall reimburse payment received from the User within 14 days to the original payment method. License deactivation is immediate.

Complaints and Non-Conformity

Complaints arising from the violation of the User's rights, as well as those related to the functioning of the DMXDesktop and DMXDesktop application, including the provision of electronic services, should be sent electronically to the e-mail: [email protected].

It is recommended that the User provide in the description of the complaint:

• Information and circumstances regarding the subject of the complaint, in particular the type and date of the defect
• In the case of complaints regarding the Goods or Services – the number of the Order to which the complaint relates, the name of the Goods or Services complained about, a brief description of the defect and optionally images showing the defect, and the preferred method of bringing the Goods or Services into compliance with the Contract
• Contact details of the complainant

The Company undertakes to consider each complaint immediately, no later than 14 days from the date of receipt.

The Company shall be liable for any lack of conformity of Digital Content or Digital Services supplied on a one-off basis or in parts, which existed at the time of supply and became apparent within two years of that time. It is presumed that any lack of conformity which became apparent within one year of delivery existed at the time of delivery.

The Company shall be liable for any lack of conformity of the Digital Content or Digital Service supplied on a continuous basis which existed or became apparent at the time when it was to be supplied in accordance with the Contract.

Digital Content or Digital Service is in conformity with the Contract if:

• Its description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and the availability of technical support and updates match the contract
• It is fit for a particular purpose for which it was needed by the Consumer or the Entrepreneur on the rights of the consumer, and which the Company accepted at the time of conclusion of the Contract

Rights of Consumer or Entrepreneur on the rights of the consumer in case of complaint:

• Request conformity with Contract (costs covered by Company)
• Price reduction
• Withdrawal (may not apply for minor defects)
• Refund within 14 days

The Consumer or Entrepreneur has the right to submit a statement requesting a price reduction or withdrawal if:

• Repair or replacement is impossible or involves excessive costs
• The Company has not brought the product into conformity
• The defect persists despite repair attempts
• The defect is so significant it justifies immediate price reduction or withdrawal
• The Company indicates it will not remedy the defect within a reasonable time or without undue inconvenience

The reduced price shall be in proportion to the value of the non-conforming product versus a conforming one. For continuous services, reductions account for the time the product was non-conforming.

Liability duration: Two years from delivery.

Modifications to Services

We may update services for legal or technical reasons. Users will be notified in advance.

End of Service: We reserve the right to:

• Completely cease providing the services (including Subscription services)
• Discontinue support for specific versions of the subscriptions (including cloud-based features)

In the event of any of the situations described above, the Company will notify Users at least 30 days in advance of the planned cessation of the service, its significant modification, or the termination of operations. The notification will be sent to the User's email address associated with the User's Account.

In such a case, the User has the right to withdraw from the Contract with immediate effect, without notice and without incurring any costs, and with the right to a proportional refund. The statement of terminating the Contract should be submitted by e-mail: [email protected], within 30 days from the date of notification. The Company will issue the refund within 14 days from receiving the withdrawal statement.

After withdrawal, the Company will endeavor to provide Users with the ability to access and export their locally stored data and, where feasible, any cloud-stored content associated with their license.

A free version of the software (Free package) is available on the DMX website. The Company reserves the right to discontinue the free version at any time. Notification will be sent 30 days in advance to the registered email or via a message in the software. After this period, access will be blocked.

Duration, Termination and Refunds

Duration and Termination of Contracts:

• Monthly/Annual plans: fixed-term, auto-renew
• Lifetime License: indefinite, perpetual access to version 1.x only
• Termination by User: anytime via account panel or email - Monthly/Annual plans terminate at the end of the billing period; Lifetime License requires 30-day notice
• Termination by Company: 30-day notice with justification

If service ceases, Users may receive pro-rata refunds for unused time. Lifetime license termination offers a pro-rata refund of the lifetime version's expected lifetime, which ceases at the point of introduction of a superseding version.

After withdrawal, the Company will endeavour to provide Users with access and export options for local and cloud-stored data.

Free Trial Period and Automatic Conversion

The Company may offer a User a free trial period for the Standard or Pro plans (as selected by the User) for a duration of 14 days. To register for a free trial, the User must provide and authorize a valid payment method via the Company's payment processor, Stripe.

Please note: The free trial is limited to once per product per customer. If a User has previously used or cancelled a trial for a specific product, any subsequent order for the same product will not include a free trial period. In such cases, the User will be charged the full subscription fee immediately upon buying.

Payment Authorization

Although the User will not be charged during the free trial, providing payment details is required to ensure the continuity of the service after the trial period ends.

Automatic Renewal

The free trial begins immediately upon the successful completion of the Order Process and the Contract Conclusion. See "Order Process and Contract Conclusion" above for more details on how the Agreement is finalized.

Unless the User cancels the subscription before the end of the free trial period, it will automatically convert into a recurring paid subscription. The Company will charge the User's authorized payment method the full subscription fee immediately upon expiration of the free trial period.

Right of Withdrawal

The User has the legal right to withdraw from the Agreement within 14 days of its conclusion (starting from the first day of the free trial) without providing any reason. If the User cancels during the 14-day free trial, no charges will be applied. To avoid being charged for the next billing cycle, the User must cancel before the trial period expires or before the 14-day statutory withdrawal period ends, whichever occurs first.

Method of Withdrawal: To exercise this right, the User must send an email to: [email protected] or submit the form (the model of which is attached as Appendix to the Act on Consumer Rights).

It is recommended that the User provide the following information in the withdrawal statement:

Please note that if the User cancels the subscription during the trial, the User will retain access to the service content until the end of the current free trial period.

Notwithstanding the above, if the User explicitly requests to both cancel the subscription and terminate User Account immediately, access to the service content will be revoked at the time of User Account closure.

Feature Licensing & Ancillary Bolt-ons

The DMXDesktop offers two primary methods of feature access based on base License:

• Pro License (All-Inclusive): The Pro License (whether Subscription-based or Version Lifetime) is an all-in-one solution. All current and future Ancillary Bolt-ons and premium features released for the current major version are included at no additional cost for the duration of the license.
• Free & Standard Licenses (Modular): These plans provide core functionality as defined in the Plans & Pricing comparison (https://www.dmxdesktop.com/pricing). Premium features ("Bolt-ons") that are natively part of the Pro License may be unlocked individually via a One-time Purchase (Add-on).

Rules for Ancillary Bolt-on:

• The User acknowledges that an Ancillary Bolt-on grants access to a specific toolset, but does not modify the capacity of the base License;
• A Bolt-on purchased for a Free or Standard License is strictly governed by the technical constraints of that license;
• The purchase of an individual Bolt-on does not constitute an upgrade to a higher base License;
• Access to a purchased Ancillary Bolt-on is granted for the duration of the User's active Account, provided the User maintains any valid base License;

Entrepreneurs and Warranty

If you are a business acting outside your professional scope, you are protected as a consumer. Otherwise, the Company is liable in accordance with the general rules of the Civil Code.

Use of Consumer-Generated Content

After withdrawal, we:

• Cannot use your non-personal data
• Will return such content on request (excluding embedded/inseparable content)

Code of Good Practice and Dispute Resolution

We comply with the principles set forth by the Act on Counteracting Unfair Market Practices.

Out-of-court complaint handling is possible via: ODR Platform

Change of the Price

The price quoted at the time the User places the Order is binding for both parties.

The Company reserves the right to change the price of the offered Products and subscription plans during the subscription period. The subscription price may be changed only for valid reasons, e.g.:

• Significant new features or improvements
• Increased development/maintenance costs
• Change in VAT rates

The Company will notify the User of a planned change at least 30 days before the new price takes effect, via email, in-app notification, and on the website.

If the User does not accept the new price, they may terminate the Subscription within 30 days of notification, effective at the end of the current paid period. Failure to terminate within that period means acceptance of the new price.

The revised price will not apply to already-paid billing periods and will take effect from the next billing period. For new orders, the new prices take effect as soon as they are announced on the DMXDesktop website.

Final Provisions

These Terms are governed by Polish law. In matters not regulated herein, the provisions of the Polish Civil Code, the Act on Consumer Rights, the Act on Providing Services by Electronic Means, and other relevant laws shall apply.

We may revise these Terms. For each change, the Company will notify registered Users by e-mail (with a link to the updated Terms) and allow contract termination within 14 days. Changes take effect after the notice period. Orders placed before the effective date of changes are subject to the Terms in force at the time of ordering. Information about changes will also appear in the DMXDesktop application and on the website.

For privacy practices, see our Privacy Policy.