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Terms and Conditions

Last updated: March 31, 2025

Please read these terms and conditions carefully before using Our Service.

§ 1 Scope and General Regulations

ELLUME GmbH, a limited liability company organized under the laws of the Federal Republic of Germany with its corporate headquarters at Marktplatz 1, 71334 Waiblingen (hereinafter "ELLUME"), offers merchants as defined by the German Commercial Code (hereinafter "Users") the opportunity to optimize their entrepreneurial activity through the all-in-one solution from ELLUME using the ellume app.

These General Terms and Conditions apply between ELLUME and the Users and apply exclusively. Deviating or conflicting conditions are not recognized by ELLUME unless ELLUME expressly agrees to them in writing. General Terms and Conditions of the Users do not apply even if ELLUME does not separately object to their validity in individual cases.

Changes to these Terms of Use will be communicated to the User by ELLUME in writing, by e-mail. If the User does not object to such changes within six weeks after receipt of the notification, the changes are deemed agreed. The User will be separately informed of the right to object and the legal consequences of silence in the event of changes to the Terms of Use.

§ 2 Account Registration and Use, Contract Conclusion

Registration in the app is required for the use of ELLUME's services. The User commits to providing truthful and complete information during registration.

The contract between the User and ELLUME is concluded with the chargeable booking of the corresponding subscription. After selecting the appropriate subscription (cf. § 3 (1)), the User is provided with a free seven-day trial version. During the seven-day trial period, the User has the right to terminate at the end of the seven-day trial period. If the user does not terminate the subscription within these seven days, the concluded contract will continue until the end of the subscription period (cf. § 9).

§ 3 Services of ELLUME

ELLUME's services are offered within the framework of various subscription models. The respective scope of services and the respective duration of the individual subscriptions are displayed to the User before the conclusion of the contract and depend on the selected subscription (https://www.ellume.studio/pricing).

ELLUME commits to providing the services of the booked subscription and granting access to the User.

ELLUME reserves the right to change, expand or restrict the offered services of the app if this is necessary for important reasons. Excluded from this right are the essential contractual obligations of ELLUME. Important reasons can be technical advancements, changes in legal framework conditions or other operational requirements.

ELLUME will inform the Users about significant changes to the services in a timely manner and in an appropriate way.

Should a change in services be unreasonable for the User, the User has the right to terminate the usage relationship extraordinarily.

§ 4 License

ELLUME grants the User a non-exclusive, non-transferable and time-limited license for the duration of the contract to use the provided software and services.

§ 5 Obligations of the Users

The User is obliged to use ELLUME's system and services properly and to comply with all legal provisions.

The User commits to obtaining the necessary consents from their customers for the processing of personal data in accordance with the General Data Protection Regulation (GDPR) and to immediately inform ELLUME if data protection issues arise.

The User must clearly and comprehensibly inform their customers about the nature, scope and purpose of data processing and document their consent.

The User must ensure that the consent obtained by them meets the requirements of the General Data Protection Regulation (GDPR).

The User must ensure that the data entered by them is correct and up-to-date. This particularly applies to contact details necessary for contract processing.

§ 6 Remuneration

The remuneration (subscription fee) depends on the respective subscription (cf. § 3 (1) and the associated link).

The subscription fees are to be paid in advance for the respective subscription period. The individual payment options are shown in the app.

ELLUME is entitled to increase the subscription fees accordingly in the event of cost increases. Examples of cost elements that influence the price of the subscription offers are production costs, costs for the technical provision and distribution of the service, customer service and other overheads (e.g. rent, interest and other financing costs, costs for personnel, service providers and services, IT systems, energy). All price changes shall apply at the earliest 30 days after notification to the user. The user may cancel at any time during the cancellation period in order to avoid future charges.

§ 7 Liability of ELLUME

ELLUME is liable without limitation for intent and gross negligence, injury to life, body or health of the Users and for mandatory liability elements, but for slight negligence only in case of breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the seller may regularly rely. The liability for breach of such an essential contractual obligation is limited to the typical contractual damage, the occurrence of which ELLUME had to expect at the conclusion of the contract based on the circumstances known at that time.

The above liability limitations apply mutatis mutandis in favor of ELLUME's vicarious agents.

ELLUME is not liable for violations of data protection provisions or other legal regulations by the User.

§ 8 Assignments and Offsetting

A partial or complete transfer of the User's rights from the contract with ELLUME to third parties is excluded.

The User is only entitled to offset against ELLUME with undisputed or legally established counterclaims.

§ 9 Contract Duration

The respective subscription contracts are concluded for the duration specified in the respective subscription.

At the end of each billing period, the subscription automatically renews under the same conditions unless the User or ELLUME cancels the subscription beforehand.

Each party has the right to terminate the contract for good cause without observing a notice period. A good cause for ELLUME is in particular:

  • the User's breach of these Terms and Conditions, which is not remedied even after setting a deadline;
  • the tortious act of a User or the attempt of such, e.g., fraud;
  • persistent operational disruptions due to force majeure beyond ELLUME's control, such as natural disasters, fire, unintentional breakdown of line networks.

If the User has concluded a subscription directly with ELLUME, they can cancel or change their payment method via the payment settings in their profile. For a subscription acquired through a third-party store (such as the Apple App Store or Google Play Store), the User must visit their account at that third-party store and follow the instructions there to change or cancel the subscription. In case of cancellation:

  • The User can use their subscription until the end of the last paid period.
  • The User is not entitled to a pro-rata refund.
  • The subscription will not be renewed after the expiry of the paid period.
  • Access to premium services and in-app purchases enabled by the subscription expires at the end of the paid period.
  • The cancellation becomes effective at the end of the current billing period.

§ 10 Limitation Period

The limitation period for claims and rights of the Users, regardless of the legal basis, is one year.

However, the limitation period according to paragraph 1 applies with the following provision:

The limitation period does not apply to damages resulting from injury to life, body or health that are based on a negligent breach of duty by ELLUME or an intentional or negligent breach of duty by a legal representative or vicarious agent of ELLUME. The statutory periods apply in their place.

The limitation period does not apply to other damages based on a grossly negligent breach of duty by ELLUME or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ELLUME. The statutory periods apply in their place.

Unless expressly stated otherwise, the statutory provisions on the commencement of the limitation period, the suspension of expiry, the suspension and the recommencement of periods remain unaffected.

§ 11 Applicable Law, Jurisdiction and Other Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all legal disputes is Stuttgart. ELLUME is additionally entitled to sue at the User's general place of jurisdiction.

Should individual provisions of these Terms and Conditions be or become invalid and/or contradict legal regulations, this shall not affect the validity of the Terms of Use in other respects. The invalid provision shall be replaced by mutual agreement between the contracting parties by such a provision which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above regulation applies accordingly in case of regulatory gaps.