General Terms and Conditions
Non-binding courtesy translation. This English text is provided for your convenience only. The legally binding version is the German one: Allgemeine Geschäftsbedingungen (AGB). In the event of any discrepancy, the German wording prevails. German law applies (see § 10). See also the privacy policy in English.
§ 1 Scope and provider
(1) These General Terms and Conditions apply to the use of the website squaresmile.de and to the digital products offered there (browser-based tools and audio plugins) as well as to the free tools.
(2) The provider and operator is:
Timothy Schulz
Düsseldorfer Straße 131
51063 Cologne, Germany
Email: support@squaresmile.de
(hereinafter “Squaresmile” or “the provider”).
(3) These Terms apply exclusively. Deviating terms of the user do not become part of the contract unless the provider expressly agrees to their application.
§ 2 Products and services
(1) Paid products: Squaresmile offers digital products for a one-off purchase, in particular browser-based tools (e.g. SoundSense, SetlistForge, Stage Plot Generator) and audio plugins (e.g. SubPress). These are sales of digital content, or the granting of licences to use it — not a subscription.
(2) Free tools: Squaresmile additionally provides free tools (e.g. BPM Forge, FreqSense, RoomSense). There is no entitlement to their continued availability; they may be changed or discontinued at any time.
(3) The specific description of a product and its system requirements follow from the respective product page at the time of purchase.
§ 3 Contract processing via Gumroad (merchant of record)
(1) The sale and payment of the paid products are handled through the platform Gumroad (Gumroad, Inc., 548 Market St, San Francisco, CA 94104, USA).
(2) Gumroad acts as the seller (merchant of record). The purchase contract for the respective product, as well as payment processing and invoicing, are concluded via Gumroad; in that respect Gumroad’s terms apply in addition (gumroad.com/terms). The provider supplies the digital product and is responsible for its content and function.
(3) These Terms govern the remaining relationship between you and Squaresmile, in particular the description of the products, the granting of rights of use (§ 6), and the use of the website and of the free tools.
§ 3a User account
(1) A free user account may be created in order to use certain features of the platform. Registration requires a name, a valid email address and a password of your choosing. The information provided must be truthful and up to date.
(2) Login credentials must be kept confidential and protected against access by third parties. If there are indications that the account is being misused, the provider must be informed without delay.
(3) The user account comes with limited storage of up to 50 MB, used to link and back up content from the apps to your profile. The account also stores the licence keys of premium products you have purchased, in order to unlock their features. The provider may adjust the amount of storage; you remain responsible for keeping your own backups of important content.
(4) You may delete your user account at any time without giving reasons, or request its deletion by email to support@squaresmile.de. The provider may suspend or delete an account after prior notice in the event of serious or repeated breaches of these Terms.
(5) The processing of the data provided in connection with the account is described in the privacy policy.
§ 4 Conclusion of contract
(1) The presentation of products on the website does not constitute a legally binding offer but an invitation to place an order.
(2) Purchases are made via Gumroad’s checkout. By completing the order process there, you submit a binding offer to acquire the product. The contract is concluded upon confirmation or provision of the product.
§ 5 Prices and payment
(1) All prices are final prices and include statutory VAT. No VAT identification number exists (standard taxation).
(2) The prices stated on the product page or the Gumroad page at the time of the order apply.
(3) Payment is made using the payment methods offered by Gumroad. The digital product is provided after successful payment.
§ 6 Rights of use / licence
(1) With your purchase you receive a simple, non-exclusive, perpetual right to use the purchased product for your own purposes (private and professional).
(2) The following are not permitted, in particular: passing on, reselling, reproducing for distribution, renting out or making the product or its licence keys publicly available to third parties, as well as removing copyright or licence notices.
(3) All intellectual property rights in the products remain with the provider.
§ 7 Right of withdrawal for consumers
Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. The following applies:
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Timothy Schulz, Düsseldorfer Straße 131, 51063 Cologne, Germany, support@squaresmile.de) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form attached below, though it is not mandatory.
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 fourteen 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 no event will you be charged any fees as a result of such reimbursement.
Early expiry of the right of withdrawal
In the case of a contract for the supply of digital content not supplied on a tangible medium (download products, browser-based tools, plugins), the right of withdrawal expires once we have begun performance of the contract after you have
- expressly consented to us beginning performance of the contract before the end of the withdrawal period, and
- acknowledged that you thereby lose your right of withdrawal upon the beginning of performance of the contract, and
- we have provided you with confirmation of this.
(Section 356 (5) of the German Civil Code, BGB)
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To: Timothy Schulz, Düsseldorfer Straße 131, 51063 Cologne, Germany, support@squaresmile.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods / the provision of the following service (*):
_______________________________________________
Ordered on (*) / received on (*): _____________
Name of consumer(s): _________________
Address of consumer(s): _____________
Date: _______ Signature (only for notification on paper): _______(*) Delete as appropriate.
Note: Where the purchase is made via Gumroad as merchant of record, the withdrawal or a refund may also be processed through Gumroad.
§ 8 Warranty
(1) The statutory provisions on liability for defects in digital products apply.
(2) The provider endeavours to keep the browser-based tools available as continuously as possible but does not owe any particular level of availability. Maintenance work, technical faults and circumstances outside the provider’s control may lead to temporary restrictions.
§ 9 Liability
(1) The provider is liable without limitation for damage arising from injury to life, body or health, and in cases of intent and gross negligence.
(2) In cases of ordinary negligence, the provider is liable only for the breach of a material contractual obligation (cardinal obligation) — one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user regularly relies. In such cases liability is limited to the foreseeable damage typical for this type of contract.
(3) Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.
(4) The free tools are provided “as is” and without warranty. Liability for the accuracy of their results (e.g. of calculations, frequency or acoustics tools) is excluded to the extent permitted by law; you use them at your own responsibility.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they habitually reside.
(2) Amendments to these Terms: The provider may amend these Terms and the privacy policy to the extent necessary to adapt to changed legal conditions, changed case law or changes to the range of products and services, provided that users are not thereby unreasonably disadvantaged. Registered users will be informed of material changes in good time by email to the address stored in their account. Purchases already concluded remain unaffected by amendments; the terms agreed at the time of purchase continue to apply to them.
(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
(4) I am neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act, VSBG).
Last updated: August 2026 — non-binding translation of the German AGB.