Terms of use
§ 1 Scope, provider, payment processing
(1) These terms apply to the use of the LayerSpan platform and its design tools by consumers and businesses: to the free account (Free) and to the paid memberships Plus and Plus Commercial.
(2) The provider of the service and your contracting party for the use of LayerSpan is Sebastian Kokel, acting under the business name sebGE Prints, Höchste Straße 18, 45883 Gelsenkirchen, Germany ("we"). You can reach us by email at info@layerspan.app, through the contact form, by letter to the address given and by telephone at +49 178 5819904.
(3) Paid memberships are sold through Stripe Managed Payments. Stripe acts as the merchant of record of the transaction: Stripe collects the price, calculates and remits VAT and other indirect taxes, sends receipts and invoices, handles questions about the payment and chargebacks, and may itself issue refunds in individual cases. For the payment process, the terms that Stripe names on its payment page apply in addition. The service itself, that is access to LayerSpan and its tools, the rights of use and licences, warranty, cancellation and withdrawal, is provided by us and is our responsibility.
(4) Deviating terms of businesses do not become part of the contract.
(5) You can take out a paid membership from every country and territory from which Stripe Managed Payments accepts purchases. Currently excluded are China, Cuba, Iran, Kosovo, North Korea, Russia, Syria, Ascension Island and Tristan da Cunha. You state the country of your residence in the review step before payment. The website and the free functions are accessible everywhere.
§ 2 Account
(1) You need an account for the export functions and for a membership. You register with your name and email address and choose the password through the link in the email we send you.
(2) You give correct details and keep your password secret.
(3) You can stop using the platform at any time and ask us to delete your account (privacy policy, section 2.10). Deleting the account does not cancel a running membership; cancel first (§ 6).
(4) The account is free of charge. The contract for it ends when the account is deleted or when we terminate it (§ 17).
§ 3 Plans and services
(1) Free costs nothing. Free includes the free functions of the design tools, including the export for 3D printing (3MF or STL, depending on the tool) where the tool offers it; you need an account for the export.
(2) Plus costs €9.99 per month. Plus unlocks the premium functions of the tools that we expressly identify as included; today these are TCG Frame, Shadow Maker, Image to SVG and Image Upscaler. We do not currently offer Map Art Studio. A future tool never automatically becomes part of Plus, only once we expressly identify it as such.
(3) Plus Commercial costs €18.99 per month. It unlocks the same functions as Plus and in addition includes a licence to sell physical prints of the designs released for this purpose commercially (§ 12 and the licence terms). Like Plus, Plus Commercial is access to software (a digital product) with a licence of use.
(4) Founder. For members with an original founder subscription the founder terms also apply (§ 12a).
(5) What Free, Plus and Plus Commercial include in detail is described in the overview of memberships on the platform; the description at the time of your order is decisive. Later changes are governed by § 13 and § 16.
(6) The twelve Signature designs of TCG Frame belong to the premium functions of Plus. § 11 applies to them as to the other patterns; you may sell prints commercially only with a licence under § 12.
§ 4 Prices and billing
(1) Prices apply per month, are stated in euros and include VAT or the comparable indirect taxes that Stripe calculates as merchant of record. Stripe may show you the price in your local currency on the payment page; the amount the payment page states before your order is decisive.
(2) Stripe collects the price at the beginning of each billing period with the means of payment you chose and sends you the receipt and invoice.
(3) If a payment fails, § 9 applies.
§ 5 Conclusion of the contract, term, start of the service
(1) You order in two steps. First, the platform shows the page "Review your order" with the plan, the price per month, monthly billing, automatic renewal until cancellation, cancellation at any time, access until the end of the paid period, no minimum term and no cancellation fee. There you choose the country of your residence; the page refers to these terms, the withdrawal information and the privacy policy. You confirm with two boxes that are not pre-ticked: (a) that you accept these terms (for Plus Commercial also the licence terms) and have taken note of the withdrawal information; (b) that you expressly request that your access be unlocked immediately after payment, even before the withdrawal period ends, and that you understand that proportionate compensation may be due upon withdrawal where the law requires it. The exact wording of the order page in the version shown is decisive. Then Stripe's payment page opens. There you enter your payment details and place your binding order with an obligation to pay using the button on that page.
(2) Until you press that button, you can check and correct your entries on both pages or abandon the order by going back or closing the page.
(3) The contract is concluded when Stripe confirms the payment. The membership runs for one month and renews automatically for a further month at the same price as long as you do not cancel. There is no minimum term and no cancellation fee; you can cancel at any time with effect from the end of the paid period (§ 6).
(4) After the confirmed payment we send you by email a confirmation of the contract with the contract information and, as files, the versions of these terms, of the withdrawal information with the model withdrawal form and of the privacy policy (for Plus Commercial also of the licence terms) that applied to your order. We unlock your membership's functions once this confirmation has been sent, usually a few minutes after the payment.
(5) We store the contract text: we keep the versions under which you ordered unchanged and send them to you with the confirmation of the contract. The current versions are on the pages of the platform.
§ 6 Cancellation by you
(1) You can cancel your membership at any time: without signing in via "Cancel contracts here" in the footer of every page, with an account also via "Manage billing" in Stripe's customer portal, and by email, through the contact form or by letter.
(2) An ordinary cancellation ends the membership at the end of the paid period; you keep access until then. A cancellation never shortens the paid period. The right to extraordinary termination for good cause is not affected.
(3) We confirm receipt of a cancellation via "Cancel contracts here" without undue delay by email, with the content of your statement and the date and time of receipt.
(4) Your cancellation takes effect when we receive it. We end the subscription with Stripe without undue delay; amounts collected for periods after the effective end are refunded.
§ 7 Withdrawal
For consumers the withdrawal information with the model withdrawal form applies. You can also declare the withdrawal without signing in via "Withdraw from contract" in the footer of every page: first you enter your details, then you confirm with "Confirm withdrawal".
§ 8 Refunds
(1) We refund what the law requires, in particular after an effective withdrawal and for payments collected after the effective end of a membership.
(2) After a cancellation we do not refund the rest of a paid period unless the law requires it or we promise it to you in an individual case.
(3) If technical problems prevent you from using the service, your statutory rights for defects of digital products apply (§ 14); this may include a refund.
(4) Refunds are made through Stripe to the original means of payment. As merchant of record, Stripe may also issue refunds itself in individual cases, for example to avoid a chargeback.
§ 9 Payment failure
If the payment for a renewal fails, Stripe tries again. Your access to the premium functions continues for up to seven days after the end of the paid period; if the payment has not been made by then, access ends. These seven days are a courtesy for the use of the software and give no licence under § 12.
§ 10 Your content
(1) Images, drawings, SVG files, project files, texts and everything you load into or enter in a tool ("your content") remain yours. We acquire no ownership or copyright in them. To the extent that we process your content, you grant us only the simple, non-transferable right to process it technically in order to produce the result you chose; it ends with the processing.
(2) Processing outside your browser: Shadow Maker (with an image of your own), Image to SVG and Image Upscaler send your image and the settings through our server to dedicated computing services that Railway operates for us in the EU region Amsterdam. The privacy policy gives the details.
(3) Your assurance. You may only load and use content that you are entitled to use and must not infringe the rights of third parties, in particular you must not use protected motifs, trade marks, logos, fonts or photos of third parties without permission. We do not check your content in advance. If we are notified of an infringement, we may block the use concerned (§ 17). If you are responsible for an infringement, you indemnify us against the resulting claims of third parties.
(4) We do not store your drafts and files for you. Back them up yourself; an unsaved draft is lost when you close the page or change the language.
§ 11 Files, print results and rights of use
(1) Tool components. The files you create with LayerSpan (in particular 3MF and STL) contain your content and components from us: patterns, shapes, templates, mechanical parts, presets and calculations of the tools ("tool components"). The tool components are our own designs; you acquire no ownership and no copyright in them, only the rights of use described in this section and in § 12.
(2) Permitted (Free and Plus): you may use the exported files for private, non-commercial purposes, in particular print them for yourself. This applies equally to the premium functions of Plus.
(3) Not permitted, unless § 12 grants you a licence: (a) to sell prints or otherwise exploit them commercially; (b) to sell, give away, pass on, swap or make publicly available for download exported files (3MF, STL) or tool components; (c) to use trade marks, logos or protected motifs of third parties commercially without permission.
(4) Print results. A printed part is the result of the file, the printer, the material, the settings and the post-processing. We owe no particular print success, no accuracy of fit and no fitness for a particular purpose; your statutory rights for defects of the digital service (§ 14) are not affected. Check printed parts yourself before using them for a purpose in which a failure can endanger people or property.
(5) Third-party rights in your print. You are responsible for whether a print infringes third-party rights in your content; a licence under § 12 does not cover your own content.
§ 12 Plus Commercial
(1) Plus Commercial technically unlocks the same as Plus. Its additional content is a licence: the right to sell commercially physical objects that you print yourself with a design released for this purpose. LayerSpan thereby sells no physical goods, prints nothing for you and does not sell your objects; we sell software access and a right of use. You are the seller of the printed objects. The licence terms (annex to these terms) govern the details and take precedence over this section.
(2) Released designs are the own designs named in the licence terms: for TCG Frame the standard patterns (Free and Premium), the Creative Tools and the twelve Signature designs; for Shadow Maker the standard box, the heart frame with stand and the 18 silhouette templates. Not covered are your own content (for example an image of your own in Shadow Maker), Map Art Studio, and tools, versions and designs that the licence terms do not name.
(3) Sales are permitted in any quantity, without a fee per item and without a revenue limit, on marketplaces, in your own shop and at local markets. Still prohibited are selling, passing on, giving away and making publicly available the files (3MF, STL) or the patterns as digital products, and the commercial use of trade marks, logos or protected motifs of third parties without permission.
(4) Duration and stock. You may make new objects for sale only while your Plus Commercial membership is active and paid; a cancellation does not end the licence before the end of the paid period, and the seven days of courtesy under § 9 give no licence. Objects that you lawfully made during a valid Plus Commercial membership may be resold without time limit even after it ends. The time of manufacture is decisive, not the time of the export.
§ 12a Founder (reference)
This section applies only to members with an original founder subscription; the wording is in the founder terms, which take precedence over this section. In brief: (1) The founder price of €9.99 per month applies only while the original founder subscription continues without interruption. (2) A cancellation that has been registered ends the status only at the effective end of the contract; with the effective end of this subscription (expiry of the paid period after cancellation, payment failure after the grace period under § 9 or termination by us) the founder rank, badge and price guarantee lapse. (3) A new subscription after that is subject to the Plus terms and prices then current. (4) The rank is no right, gives no access and is no commercial licence. (5) We do not change existing founder subscriptions on our own initiative.
§ 13 Availability and changes to the service
(1) We operate LayerSpan with care but do not owe uninterrupted availability and give no availability commitment. We announce maintenance where possible. We provide the updates that are necessary for the service to remain in conformity with the contract.
(2) We may change functions if there is a valid reason (in particular technical development, security, legal requirements or changed services of service providers), you incur no additional costs and we inform you clearly and comprehensibly about the change. If a change impairs your use more than only insignificantly, we inform you in good time beforehand in text form; you may then terminate the contract free of charge within 30 days of the information or of the change, whichever is later (§ 327r BGB).
§ 14 Warranty
For defects of the digital service the statutory rights apply (§§ 327d et seq. BGB); these terms do not restrict them.
§ 15 Liability
(1) We are liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act, for fraudulent concealment of a defect, where we have given a guarantee and where the law otherwise makes liability mandatory.
(2) In the case of slight negligence we are liable only for the breach of an essential contractual obligation, that is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely; liability is then limited to the foreseeable damage typical for the contract. Otherwise liability for slight negligence is excluded.
(3) Print results. How a printed part turns out depends on the printer, material and settings. We have not printed and tested every configuration of a tool: for TCG Frame the configuration DOUBLE, the flat lids of revision 3 and all twelve Signature designs have not been test-printed, for Shadow Maker the projects of the assemblies (box and heart) have not. Check the fit before you print many parts.
§ 16 Changes to the terms and prices
(1) No consent by silence. We change existing contracts, in particular the price and scope of a running membership, only with your express consent. We inform you of a change in text form; it takes effect only once you expressly agree to it. Changes to the service under § 13(2) are not affected.
(2) If you do not agree, the contract continues on the previous terms; we may then end it under § 17(2), and you can cancel yourself at any time (§ 6).
(3) For new contracts changes apply from their publication.
§ 17 Blocking and termination by us
(1) We may block an account or a function if it is used for misuse of the service, for infringements of rights or for material breaches of these terms. We notify you beforehand and give you the opportunity to remedy the situation, unless this is unreasonable because of the seriousness of the breach or to avert damage. If we block a paid membership without you being responsible for the reason, we refund the unused part of the paid period proportionately.
(2) We may terminate a paid membership with one month's notice to the end of a billing period, and the free account with one month's notice. The right to terminate for good cause is not affected.
(3) The licence under § 12 ends with the end of the paid Plus Commercial membership; for stock § 12(4) applies.
§ 18 Consumer protection, dispute resolution, final provisions
(1) Mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected. These terms contain no jurisdiction clause and no choice of law.
(2) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer conciliation body. If we cannot settle a dispute with you, we refer you in text form to the competent consumer conciliation body (§ 37 VSBG).
(3) The subscriptions of the operator's earlier website (sebGE) are separate contracts and not subject to these terms.
(4) If a provision of these terms is invalid, the remaining provisions remain valid; the statutory provision takes the place of the invalid one.
(5) These terms exist in German, English, Italian and Spanish. The English, Italian and Spanish versions are translations of the German version.