Terms and Conditions

§ 1 Provider and scope

These Terms and Conditions apply to the use of the NexPulse software and the associated customer portal at nexpulse.de.

Provider: Christian Hamann, Hermann-Ehlers-Straße 12a, 27578 Bremerhaven, Germany (hereinafter "NexPulse" or "we").

These Terms apply to all contracts concluded between NexPulse and the customer (hereinafter "you" or "customer") for the purchase of software licenses. Deviating terms proposed by the customer are not recognized.

§ 2 Service description

NexPulse is a proprietary desktop software application for Windows operating systems that supports streaming workflows (chat management, OBS integration, overlays, analytics, and more). The software is licensed as a subscription (monthly or yearly).

The exact feature scope of each tier (Starter, Pro, Ultimate) is described on the pricing page at nexpulse.de/#pricing.

We reserve the right to continuously expand the software's feature scope. Any reduction of essential core features will be announced by email with 30 days' notice.

§ 3 Conclusion of contract

The contract is concluded when you book a license in the customer portal and the payment is successfully completed. You will receive a confirmation email with your license key.

§ 4 Prices and payment

Prices are stated on the website. Payment is processed via Lemon Squeezy as merchant of record. Lemon Squeezy is responsible for processing, tax calculation and invoicing.

For monthly plans, the amount is charged on the same day of the following month. For yearly plans, annually on the same date. You will receive the invoice by email from Lemon Squeezy.

Price increases will be announced by email with 30 days' notice and take effect at the start of the next billing period.

§ 5 Right of withdrawal

Since this involves digital content that becomes usable immediately after activation of the license key, your right of withdrawal expires once performance of the contract begins, provided that you have expressly agreed before the purchase that we begin performance and have acknowledged that you thereby lose your right of withdrawal (§ 356(5) BGB, German Civil Code).

You agree to this by completing the purchase process.

§ 6 Cancellation

You can cancel your subscription at any time, effective at the end of the current billing period, in the customer portal. After cancellation, the license remains active until the end of the paid period.

NexPulse may terminate the subscription without notice if you violate these Terms, in particular through unauthorized sharing of license keys or reverse engineering of the software.

§ 7 Usage rights

Purchasing a license grants you a non-exclusive, non-transferable right to use the software on the number of devices specified for your tier (Starter: 1 device, Pro: 3 devices, Ultimate: 5 devices).

In particular, the following are prohibited: sharing, selling or sublicensing the license key; decompiling, reverse engineering or modifying the software; commercial redistribution without written permission.

§ 8 Availability and updates

We aim for 99% average annual availability of our server services (license validation, customer portal). Planned maintenance will be announced where possible.

The desktop app has an offline mode (7-day grace period), so maintenance work does not cause an immediate restriction of use.

Updates are delivered automatically via the built-in update mechanism. Installing security updates may be required to continue using the software.

§ 9 Liability

NexPulse is liable without limitation for damages arising from injury to life, body or health, and for damages caused intentionally or through gross negligence.

Otherwise, liability is limited to damages typically foreseeable for this type of contract. NexPulse is not liable for data loss if the customer has failed to make reasonable data backups.

NexPulse assumes no liability for outages or changes to third-party APIs (Twitch, YouTube, OBS WebSocket, etc.) that limit the software's feature scope.

§ 10 Privacy

Information on the processing of personal data can be found in our privacy policy.

§ 11 Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

To the extent legally permitted, the place of jurisdiction for all disputes arising from or in connection with this contract is Bremerhaven.

Should individual provisions of these Terms be or become invalid, this does not affect the validity of the remaining provisions.