>_Terms and Conditions (GTC)

Last updated: 05.05.2026

Language Version

These legal texts are provided in German and English. In the event of discrepancies, inconsistencies or questions of interpretation between the German and English version, the German version shall prevail. The English version is provided for convenience only. German master version: agb-de.html.

1. Scope

These Terms and Conditions apply to the website simsala.co, the provision, licensing, and use of the software Simsala Desktop, and related digital content, downloads, license keys, updates, support services, and supplementary services.

Simsala Desktop is local desktop software for visual AI workflows. The software enables local project folder management ("vaults"), canvas workflows, use of own AI providers, and integration of external design, CAD, or DCC tools.

These Terms apply to consumers and entrepreneurs unless explicitly stated otherwise. "Consumer" means any natural person entering into a legal transaction predominantly for private purposes. "Entrepreneur" means any natural or legal person or partnership acting in the exercise of commercial or independent professional activity.

2. Provider, Rights Holder, and Contact

Website provider and rights holder of Simsala Desktop:
David Herrmann, Nymphenburger Straße 139 RGB, 80636 Munich, Germany,
Phone: +49 89 21527579, E-mail: info@simsala.co, Website: https://simsala.co.

Where checkout identifies another seller or Merchant of Record, in particular Polar, purchase flow, payment, invoicing, tax handling, and refunds are additionally or primarily governed by the information shown in checkout.

Grant and exercise of usage rights for Simsala Desktop are governed by these Terms and the supplementary License Terms / EULA.

3. Relationship with Polar as Merchant of Record

Polar Software, Inc. acts as Merchant of Record for the purchase, payment processing, invoicing and tax handling. Simsala remains the provider and licensor of Simsala Desktop.

Refund requests: contact info@simsala.co; payment-related processing is handled by Polar Software, Inc. as Merchant of Record. For purchase, payment, invoice, taxes, and refunds, Polar checkout terms may apply additionally or with priority.

Independently of checkout handling through Polar, use of Simsala Desktop is governed by the Simsala License Terms / EULA.

4. Subject Matter of the Contract

The subject matter is the provision of a digital software license for Simsala Desktop.

The exact scope results from product description, documentation, system requirements, EULA, and the version provided at purchase time. Simsala is not an AI provider.

5. Contract Formation

Presentation of Simsala Desktop on our website does not constitute a legally binding offer; it is an invitation to place an order. Purchases may be processed through Polar.

Where Polar is shown as Merchant of Record, the purchase contract for the digital license is concluded with Polar in accordance with checkout information and terms.

After purchase, the customer receives confirmation by e-mail or through checkout. Use of Simsala Desktop is additionally governed by the Simsala License Terms / EULA.

6. Prices and Payment

Prices shown at the time of order apply. Depending on checkout, country, tax status, and buyer status, prices may be shown inclusive or exclusive of VAT or similar taxes.

Payment is made via the methods offered in checkout. Where Polar handles checkout as Merchant of Record, payment processing is carried out by Polar or payment providers integrated by Polar.

AI provider costs are not included in Simsala purchase prices and are charged directly by the respective provider under that provider's terms.

7. Provision of the Software

Simsala Desktop is provided as digital download / digital license. Provision may occur via download link, license key, activation link, customer portal, Polar checkout, licensing portal, or other electronic means. No delivery on a physical medium takes place.

8. System Requirements and Compatibility

Use of Simsala Desktop requires that customer devices meet published system requirements. The customer is responsible for checking requirements before purchase.

9. License Activation and Validation

Use of Simsala Desktop may require activation and recurring license validation. For licensing management and validation, we use an external licensing server, currently Polar.

Data may include license key, activation ID, organization ID, product/benefit ID, device label, and technical connection data (IP address, timestamp, user-agent).

10. License Models and Seats

Simsala may be offered in different license models (e.g., Solo, Studio, Office, Enterprise). Exact license scope follows the selected package and the EULA.

11. Usage Rights

Upon full payment and license provision, the customer receives a non-exclusive, non-transferable right to use Simsala Desktop within the acquired license scope. The software is licensed, not sold.

12. Updates and New Versions

Unless stated otherwise, a Simsala license includes 12 months of updates from purchase date. Mandatory statutory updates for consumers remain unaffected.

13. Changes to Simsala

We may further develop and modify Simsala for reasons including security, bug fixes, technical development, compatibility, legal requirements, or product improvements.

14. External AI Providers

Simsala allows users to connect own AI provider accounts (e.g., Replicate, fal.ai, Runware). Use of these providers is based on separate contracts between customer and provider.

15. API Keys and Credentials

API keys for external providers are stored locally according to technical design, in the OS keyring or a comparable local secure storage mechanism.

16. Local Project Files and Vaults

Simsala is local-first. Project files, vaults, canvas files, references, prompts, imported assets, and outputs are generally stored locally on the customer's device or chosen storage location.

17. Connectors and External Design Tools

Simsala may provide connectors for external design, CAD, or DCC tools (e.g., Archicad, Rhino, SketchUp, Vectorworks). Availability may depend on third-party interfaces and changes made by third parties.

18. Customer Obligations

The customer must use Simsala lawfully and within acquired license scope. In particular prohibited are bypassing license checks, unauthorized sharing of license keys, use beyond seat limits, and unlawful content.

19. Rights in Inputs and Outputs

The customer retains rights in own project files, prompts, references, images, and other inputs. Simsala claims no ownership in local files or outputs generated by the customer.

20. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal. Details are set out in our separate Withdrawal & Refunds policy and checkout information.

Where Polar is shown as Merchant of Record, withdrawal and refund workflows may be handled via Polar for the relevant purchase.

21. Refunds

Statutory consumer rights remain unaffected. Beyond that, we may support voluntary refunds in individual cases. No entitlement exists unless explicitly granted.

22. Support

Support is generally provided by e-mail: info@simsala.co.

23. Availability of License Server, Website, and Services

We strive for reliable availability of website, licensing server, downloads, and other online services. Continuous uninterrupted availability cannot be guaranteed.

24. Warranty

Statutory warranty rights apply. For entrepreneurs, where legally permissible, the limitation period for defect claims is 12 months from provision.

25. Liability

We are fully liable for intent, gross negligence, injury to life/body/health, and mandatory statutory liability. For slight negligence, we are liable only for breaches of essential contractual obligations and limited to foreseeable damage typical for the contract.

26. Privacy

Information on processing of personal data is available in our Privacy Policy.

27. Open Source Components and Third-Party Software

Simsala may include open source and third-party software. Related notices are available in Open Source Notices.

28. Contract Term and Termination

Unless otherwise specified, Simsala is provided as a perpetual license for the acquired version/scope. The right of extraordinary termination for cause remains unaffected.

29. Export Control and Lawful Use

The customer may use Simsala only in compliance with applicable law, including export controls, sanctions, data protection, copyright, trademark, and personality rights.

30. Document Priority

Multiple documents may apply: individual agreements, order/checkout confirmation, Polar checkout terms, these Terms, EULA / License Terms, Privacy information, System requirements, and other product documentation.

31. Dispute Resolution

We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board unless required by law.

32. Applicable Law

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 it does not deprive them of mandatory protections of their country of habitual residence.

33. Place of Jurisdiction

If the customer is a merchant, legal entity under public law, or special public fund, place of jurisdiction is our registered seat. Statutory jurisdiction rules apply for consumers.

34. Language

Contract language is German. Where translations of these Terms are provided, the German version is authoritative to the extent legally permissible.

35. Final Provisions

If individual provisions of these Terms are or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. Statutory provisions apply in place of invalid provisions.