>_License Terms / EULA for Simsala Desktop

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: eula-de.html 1. Scope These License Terms (EULA) govern use of the software Simsala Desktop and the granting of usage rights by the licensor. 2. Relationship with Polar as Merchant of Record Polar Software, Inc. acts as Merchant of Record for the purchase. 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. This EULA governs software usage independently of checkout handling. For purchase, payment, invoicing, taxes, and refunds, terms shown in Polar checkout may apply additionally or with priority. 3. Contract Documents and Priority The following documents may apply to Simsala Desktop: - individual written agreements, - checkout terms (especially where Polar acts as Merchant of Record), - Terms and Conditions (GTC), - this EULA, - Privacy Policy, - System Requirements, - Open-source and third-party license notices, - further product documentation. More specific provisions take precedence in case of conflict. For software use, this EULA prevails over the GTC where more specific. For payment/invoicing/refunds, Polar checkout terms may prevail where Polar acts as Merchant of Record. 4. Licensed Subject Matter This EULA applies to Simsala Desktop, including software files, user interfaces, documentation, sample content, presets, connectors, updates, and other digital components provided by us. Simsala Desktop is local desktop software for visual AI workflows, including local project/vault management, visual canvases, management of references/prompts/presets/outputs, use of own AI providers, image/upscale/video workflows where available, connectors/import functions, licensing features, and related tools. The concrete feature scope results from purchased license, product description, documentation, and software version provided. 5. No Sale of the Software Simsala Desktop is licensed, not sold. You receive usage rights only within the acquired license scope. All rights to the software (including code, UI, architecture, design, marks, logos, and text) remain with the licensor or respective rights holders. 6. Grant of License Upon proper license provision, you receive a non-exclusive, non-transferable, non-sublicensable right to install and use Simsala Desktop within the acquired license model. Unless expressly stated otherwise, the license is perpetual for the provided software version. Included updates are governed by Section 14. Use is permitted only under this EULA, the GTC, the acquired license scope, and applicable law. 7. Commercial Use Unless explicitly stated otherwise, commercial use is permitted within acquired license scope. This includes use by architects, designers, interior designers, freelancers, visualization studios, agencies, and companies. Commercial use does not release you from obligations regarding third-party rights, customer contracts, confidentiality duties, privacy law, and external AI provider terms. 8. License Models and Seats Simsala Desktop may be offered in different models. 8.1 Solo: one individual user. 8.2 Studio: up to five individual users. 8.3 Office: up to ten individual users. 8.4 Enterprise: as individually agreed. 8.5 Activations and devices may be technically limited. A seat is tied to one authorized user unless otherwise agreed. We may limit activations or request clarification in cases of suspicious usage. 9. License Activation and Validation Use of Simsala Desktop may require online activation and recurring validation. We currently use Polar as external licensing server. Data may include license key, activation ID, organization ID, benefit/product ID, device label, and technical connection data (IP, timestamp, user-agent). License-related data may be stored locally to enable repeated validation. Bypassing, manipulating, disabling, or abusing licensing mechanisms is prohibited. 10. Deactivation and Device Change Where technically supported, you may deactivate a license to activate it on another permitted device. Deactivation may be available in-app, via a license portal, or via support. We may apply limits or checks where unusual activation/deactivation patterns indicate possible abuse. 11. Permitted Use Within license scope you may use Simsala Desktop for local AI workflows, visual iterations, media workflows, presets, connectors, and related features. You may install and run the software, create necessary backup copies, use the software as intended, create local project files/vaults/outputs, connect your own providers, import own project content, and use generated results subject to applicable rights. Mandatory statutory rights remain unaffected. 12. Prohibited Use You may not: - use beyond acquired license scope, - share/sell/rent/publish license keys without authorization, - bypass or manipulate licensing or protection mechanisms, - distribute, lease, sublicense, or publicly provide the software unless explicitly allowed, - provide Simsala as hosting/SaaS/service bureau without separate permission, - reverse engineer/decompile/disassemble except where legally mandatory, - use internal mechanics to build competing products or bypass protections, - generate/distribute malware or unlawful content, - send content to providers without authorization, - infringe third-party rights, - use Simsala for illegal or abusive purposes, - abuse support/licensing/update/download infrastructure. Legally mandatory exceptions remain unaffected. 13. Local Vaults, Project Files, and Backups Simsala Desktop is local-first. Project files, vaults, canvas files, references, prompts, imported assets, presets, metadata, and outputs are generally stored locally on your device or chosen location. We have no automatic access to local vaults/files. You are responsible for backups, versioning, secure storage, access controls, and recovery of local files. To the extent permitted by law, we are not responsible for data loss caused by missing backups, local storage failure, user error, third-party software, OS issues, or external storage solutions. 14. Updates, Update Term, and Major Versions Unless otherwise stated at purchase, licenses include 12 months of updates from purchase date. Updates may include fixes, security updates, improvements, compatibility changes, new features, provider integrations, connector updates, and model/engine catalog changes. After update term expiry, you may generally continue using the last provided version, unless technical/legal/security reasons prevent it. New major versions, update passes, or extension terms may be offered separately. Mandatory statutory updates for consumers remain unaffected. 15. Changes to the Software We may evolve, modify, and improve Simsala Desktop for security, stability, bug fixes, technical development, external API/interface changes, legal reasons, abuse prevention, and product improvement. Material restrictions of feature scope will not be made without objective reason. Statutory consumer rights regarding changes to digital products remain unaffected. 16. External AI Providers Simsala is not an AI provider and does not sell own AI credits. You may connect your own accounts with providers such as Replicate, fal.ai, and Runware. Use of external providers is governed by your separate contracts with those providers. You are responsible for provider account setup, API keys, available balance/payment method, provider pricing checks, and compliance with provider terms. Simsala is not responsible for provider availability, speed, model quality, price changes, outages, model changes/shutdowns, provider suspensions, or provider billing. External AI provider costs are not included in Simsala purchase prices. 17. API Keys and Secrets You may store provider API keys/credentials in Simsala. Where supported, secrets are stored locally in OS keyring or equivalent local secure storage. We do not store your provider API keys on Simsala servers. You must protect credentials and rotate/revoke compromised keys. 18. Connectors and External Design Tools Simsala may provide connectors/bridges/import functions for external design/CAD/DCC tools (e.g., Archicad, Rhino, SketchUp, Vectorworks). Compatibility may depend on third-party versions, OS, interfaces, plugin rules, security models, and licensing terms. We aim for stable integration but cannot guarantee permanent support for all third-party versions where providers change interfaces/platform rules/technical requirements. Third-party marks remain property of their owners. 19. Rights in Inputs You retain rights in your own inputs and project content, including local files, prompts, references, input images, masks, annotations, imported assets, and other materials. You warrant that you are authorized to use/process/transfer these contents, including to external providers where applicable. You are responsible for avoiding infringement of rights, privacy law, customer contracts, competition rules, or confidentiality obligations. 20. Rights in Outputs Simsala claims no ownership rights in outputs generated by you. Legal usability of AI-generated outputs may depend on provider/model terms, inputs, third-party rights, contracts, and applicable law. You are responsible for checking whether outputs may be used for your intended purpose. Simsala does not guarantee copyright protectability, exclusivity, freedom from third-party rights, or fitness for specific commercial use. 21. Confidential Content and Customer Data If you use Simsala for customer projects, competitions, unpublished designs, trade secrets, or confidential material, you are responsible for checking whether processing and transfers to external providers are legally and contractually permitted. Local storage in Simsala does not mean that provider-based generation is fully local. 22. Privacy Information about our processing of personal data is available in our Privacy Policy. When external providers are used, their privacy terms additionally apply. You are responsible for any personal data you import/process/transfer via Simsala. 23. Open Source and Third-Party Software Simsala Desktop may include open-source components and third-party software. Relevant license notices are provided in the software, documentation, or website. Use of such components is governed by respective open-source/third-party licenses. This EULA does not limit rights granted under mandatory open-source licenses. 24. Feedback If you provide feedback, ideas, bug reports, or suggestions, we may use them to improve and market Simsala. You grant us a non-exclusive, worldwide, perpetual, royalty-free right to use such feedback for Simsala and related products. This does not apply to your local project files, customer data, prompts, references, or outputs. 25. Beta / Preview / Early Access Features Simsala may include features marked beta/preview/experimental/early access. Such features may be incomplete or unstable. We may change, restrict, remove, or commercialize such features. Statutory rights remain unaffected. 26. Support Support is generally provided by e-mail at info@simsala.co. Support scope depends on license model and any individual agreement. Support may include assistance with installation, activation, licensing questions, core functionality, known issues, and documentation. Unless separately agreed, there is no claim for individualized project consulting, prompt consulting, training, custom workflow setup, support for unsupported third-party environments, data recovery of lost local files, or fixes in third-party systems. 27. Warranty Statutory defect rights apply. For consumers, statutory rules for digital products apply. For entrepreneurs, to the extent legally permissible, defect claims may be time-barred after 12 months from provision. This does not apply in cases of intent, gross negligence, injury to life/body/health, fraudulent concealment, or mandatory liability. No guarantee is given that every desired output can be generated, that external providers remain continuously available, or that all future third-party versions remain supported. 28. Liability We are fully liable for intent, gross negligence, injury to life/body/health, mandatory statutory liability, explicit guarantees, and fraudulent concealment. For slight negligence, liability exists only for breaches of essential contractual obligations and is limited to foreseeable contract-typical damage. To the extent legally permissible, liability for indirect damages, lost profits, production downtime, data loss, lost project files/vaults, external AI provider costs, and other third-party costs is excluded. You are responsible for regular backups of local project data. 29. Term and Termination Unless otherwise agreed, the license is granted on a perpetual basis for the respective software version. Included update term is generally 12 months from purchase date. Right to extraordinary termination for cause remains unaffected. Cause exists in particular for material license breaches, bypass/manipulation of license controls, unauthorized sharing of keys, misuse, or major breaches of this EULA or the GTC. In case of justified extraordinary termination, we may deactivate licenses and block further activations. 30. Effects of Termination After termination or justified deactivation, you must stop using Simsala Desktop and remove it from devices unless mandatory statutory rights continue. Termination does not affect your rights in local project files or lawfully generated outputs created before termination. Provisions intended to survive termination remain effective, including rights in software, use restrictions, liability, privacy, third-party cost allocation, output responsibility, and dispute handling. 31. Export Controls, Sanctions, and Lawful Use You may use Simsala only in compliance with applicable law. You are responsible for compliance with export controls, sanctions, privacy law, IP and personality rights, customer contracts, confidentiality duties, and provider terms. 32. Transfer of License License transfer to third parties is permitted only with our prior consent or where mandatory law requires it. Sharing license keys, activation data, or credentials with third parties is not permitted without authorization. Different rules may be agreed in writing for enterprise or restructuring scenarios. 33. Audit and Proof for Team Licenses For Studio, Office, or Enterprise licenses, you must ensure seat limit compliance. Where there is justified suspicion of misuse, we may request proportionate proof of compliant usage. Such proof should not require disclosure of confidential project content. 34. Language The contract language is German. Where translated versions are provided, the German version is authoritative to the extent legally permissible. 35. Applicable Law The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. For consumers, this choice of law applies only to the extent it does not remove mandatory protections of the country of habitual residence. 36. Place of Jurisdiction If the user is a merchant, legal entity under public law, or public special fund, jurisdiction is at the licensor's seat. Statutory jurisdiction rules apply for consumers. 37. Changes to this EULA We may amend this EULA where objectively required, especially due to legal or technical changes, new features, changes in license models, security requirements, abuse prevention, or external provider/service changes. For already acquired licenses, changes apply only where legally permissible, where you consent, or where objective reason exists and legitimate interests are reasonably considered. Material changes will be communicated clearly. 38. Final Provisions If any provision of this EULA is or becomes invalid in whole or in part, validity of remaining provisions remains unaffected. Statutory provisions apply in place of invalid provisions.