Terms and Conditions
Terms and Conditions for Vextrify Online, the local desktop app, accounts, payments, digital products, premium features, exports and support.
1. Provider and Scope
These Terms and Conditions apply to contracts between SMART Marketing UG, Gebrüder-Meyer-Str. 6, 32758 Detmold, Germany, and its customers concerning the use of Vextrify. Vextrify includes in particular the online application, the local desktop app, accounts, profiles, projects, artboards, photo and vector tools, 3D relief functions, batch processing, export functions, premium features, updates and support services. In addition, the License Terms, the Privacy Policy and the offer details displayed at the time of the respective purchase apply.
2. Customers
Vextrify is aimed at consumers, business customers, creatives, makers, studios, workshops and industrial users who prepare files for laser engraving, laser marking, laser cutting or related production processes. Where individual provisions apply only to consumers or only to business customers, this is expressly stated. A consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their self-employed professional activity. A business customer (Unternehmer) is a natural person, legal entity or partnership with legal capacity that, when entering into the contract, acts in the exercise of its commercial or self-employed professional activity.
3. Conclusion of Contract
The presentation of Vextrify, plans, features and prices on the website does not yet constitute a legally binding offer. A contract is concluded when the customer orders a paid plan, a license, an extension or another service and Vextrify accepts the order, activates access, or the payment is confirmed. The specific scope of services, prices, terms, renewals, notice periods and payment terms follow from the offer displayed at the time of purchase, the checkout, the account area, or the individually agreed order.
4. Services of Vextrify
Vextrify provides a software suite for laser engraving, laser marking and laser cutting production. The scope of functions differs depending on the plan booked: Studio (browser plan): preparation, optimization and export of production data. Depending on the plan, this includes in particular photo preparation, dithering, material profiles, artboards, text and QR functions, vectorization, 3D relief preparation, batch processing and export packages for laser software. In this plan, machine control is carried out by the customer's separate software. Studio Pro / Lifetime Pro (desktop plan with machine control): In addition to all preparation functions, the desktop app enables a direct connection to and control of compatible laser devices. This includes in particular: camera-assisted positioning and alignment of designs on the workpiece, framing to preview the processing area, dry run without laser power, material recipes and power/speed profiles, and live job control (start, pause, resume, emergency stop) for diode and CO2 lasers. Several laser devices can be managed, each with its own profile, its own calibration and its own job; only one device at a time is actively connected and controlled. Safety responsibility lies with the customer: Software control replaces neither the safety equipment of the machine nor the duties of the operator. The following responsibilities remain exclusively with the customer: - Operation and maintenance of the machine in accordance with the manufacturer's manual and applicable safety regulations (e.g. DGUV, CE marking, OStrV, local fire protection and occupational safety regulations). - Ensuring suitable mechanical and electrical protective devices (enclosure, interlocks, emergency stop, safety glass) — these hardware protective devices are not controlled by Vextrify and cannot be monitored by Vextrify. - Ventilation and extraction appropriate to the material being processed. - Fire protection measures: a suitable fire extinguisher, supervision during operation, no unattended operation. - Material testing and approval before production: focus, power, speed, travel path and work area must be checked and approved by the customer on their own responsibility before every job. - Ensuring that the device is correctly set up before the start is activated and that no persons or objects are in the danger zone. Software displays, time estimates and previews serve planning purposes and are not assurances of the physical result. For job parameters that appear safety-critical, Vextrify may display warnings, require confirmation or — in defined cases — refuse to start a job. These measures do not relieve the customer of the obligation to check on their own responsibility.
5. Account and Access Credentials
An account may be required for certain functions. The customer is obliged to provide correct and complete information, to keep access credentials confidential and to protect the account from unauthorized access. The customer is responsible for all actions taken via their account, insofar as the customer is responsible for them. In case of suspected misuse, loss of access credentials or unauthorized access, Vextrify must be informed without undue delay.
6. Prices, Payment Terms and Invoices
The prices, payment methods, terms and billing conditions displayed at the time of purchase, in the checkout, in the account area or in an individual agreement apply. Prices may vary depending on the plan, region, tax status, promotional offer or contract model. Payments are processed via the payment methods offered in each case. These may include in particular credit card, direct debit, bank-based methods, PayPal or other hosted payment flows. Vextrify does not store complete credit card data or payment access credentials in the client. Invoices are provided electronically unless another form has been agreed. The customer is obliged to provide invoicing and tax data correctly.
7. Term, Renewal and Termination
Term, renewal and notice period are governed by the plan displayed at the time of purchase or the individually agreed order. Subscriptions may renew automatically if this was stated at the time of purchase and the customer does not cancel in time. Termination may be made via the account area, via payment provider flows made available, or by another means expressly offered. The right to extraordinary termination for good cause remains unaffected.
8. Digital Products, Provision and Updates
Vextrify provides digital products and digital services. Provision is regularly effected by activating the account, activating a license, providing a download, access to the online app or activating certain functions. Updates, security updates, new features, compatibility adjustments and premium integrations are provided depending on the plan booked, the type of license and the update conditions displayed at the time of purchase. Statutory consumer rights concerning digital products remain unaffected.
9. Withdrawal for Consumers
Consumers are in principle entitled to a statutory right of withdrawal. The details follow from the separate withdrawal instructions, which are provided at the latest in the checkout or before the contract is concluded. In the case of digital content or digital services, the right of withdrawal may expire prematurely under the statutory conditions if the consumer expressly consents to Vextrify beginning performance before the withdrawal period has expired and confirms their acknowledgment that the right of withdrawal may thereby be lost. The declarations required for this are obtained separately in the ordering process, where relevant.
10. Customer Obligations
The customer is obliged: - to use Vextrify only within the scope of the plan booked and the License Terms. - to own the rights to uploaded images, logos, fonts, designs, trademarks, artwork and other content or to obtain the necessary usage rights. - not to process unlawful, infringing, misleading or dangerous content. - to check material tests, machine parameters, focus, power, speed, air, safety and production approval on their own responsibility. - not to pass on access credentials, license keys and local device activations. - not to circumvent any protection, license, limit or safety mechanisms.
11. Customer Data, Projects and Exports
The customer retains the rights to their content, projects, profiles and exports. Vextrify may process customer data only insofar as this is necessary for providing the functions, storage, synchronization, support, security or legal obligations. The customer is themselves responsible for backing up important local files, profiles, exports and production data. Vextrify accepts no responsibility for data loss caused by loss of a device, local deletion, deletion of browser data, missing backups or improper use, insofar as Vextrify is not responsible for the loss.
12. Third-Party Providers, Payment Providers and Export Software
Vextrify may work with third-party providers, in particular hosting services, payment service providers, AI tools, email services, analytics or error diagnostics services, as well as laser software workflows such as LightBurn, EZCAD or comparable programs. Third-party providers may have their own terms and privacy information. Vextrify strives for high export quality, but does not guarantee that every third-party software version, every machine model, every controller or every material will permanently process all exported parameters identically.
13. Availability and Maintenance
Vextrify strives for reliable availability of the online services. However, uninterrupted availability at all times cannot be guaranteed. Maintenance, updates, security measures, technical faults, third-party outages or force majeure may lead to restrictions. The local desktop app reduces dependence on online services, but may temporarily require an internet connection for activation, updates, premium features, license verification or support.
14. Misuse, Suspension and Security
Vextrify may temporarily restrict or suspend accounts, license keys, device activations or individual functions if there is a justified suspicion of misuse, payment default, security risk, breach of these Terms and Conditions, breach of the License Terms, unauthorized disclosure, manipulation or unlawful use. Before a permanent suspension, the customer will be heard, where possible and reasonable. Statutory rights and claims remain unaffected.
15. Warranty
The statutory warranty rights apply. For consumers, the statutory provisions on digital products additionally apply. Vextrify does not owe any particular engraving results on every material, every machine or every software environment. Laser results depend on many factors, in particular material, optics, laser source, focus, power, speed, air, controller, software version, DPI, line interval and production environment.
16. Liability
Vextrify is liable without limitation in cases of intent and gross negligence, in cases of injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and in all other cases of mandatory statutory liability. In cases of simple negligence, Vextrify is liable only for breach of essential contractual obligations. In this case, liability is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are obligations the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. Vextrify is not liable for damage arising from unchecked laser parameters, improper machine operation, missing material tests, faulty third-party software, content provided by the customer, or production conditions for which Vextrify is not responsible.
17. Changes to Services and Terms and Conditions
Vextrify may further develop, improve or adapt services to technical, legal, security-related or economic requirements. Material contract changes will be communicated to the customer in a suitable manner. Changes to these Terms and Conditions will only be made if there is an objective reason for them, in particular changes in the legal situation, product functions, security requirements, payment processes or technical infrastructure. For existing contracts, changes apply only in accordance with the statutory requirements.
18. Governing Law and Jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as no mandatory consumer protection provisions conflict with this. If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Vextrify. For consumers, the statutory places of jurisdiction apply.
19. Final Provisions
Should a provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, the statutory provisions apply. The contract language is German, unless another language is expressly agreed. The version of these Terms and Conditions available at the time of conclusion of the contract is decisive.