Legal

VibeMS Business Terms

1. Provider and scope

These Business Terms apply between Robin Ringl, trading as rZWEI media under the product brand VibeMS, Berliner Str. 7, 63533 Mainhausen, Germany ("VibeMS", "we", "us"), and the business purchasing or using VibeMS ("Customer").

VibeMS is offered exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code, companies, public-law entities and self-employed professionals acting in the course of their trade, business or profession. We do not conclude VibeMS contracts with consumers. By ordering, the person acting for the Customer confirms this business status and authority to bind the Customer.

2. Contract documents and order process

The contract governing use of the product consists of the order confirmation, these Business Terms, the VibeMS EULA and any individual written agreement. In case of conflict, an individual agreement takes priority, followed by the order confirmation, the EULA for licence-specific matters and these Business Terms.

Product pages and prices are invitations to place an order. The licence contract is formed when payment is confirmed and the corresponding VibeMS licence is issued, unless an individual written offer states otherwise.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Paddle is the authorised reseller and contracting seller for the purchase transaction, collects payment, calculates applicable transaction taxes and issues invoices. VibeMS remains the developer, supplier, technical product support provider and licensor of the software. Paddle's Buyer Terms and Refund Policy additionally govern the transaction with Paddle.

3. Business information and electronic communication

The Customer must provide accurate legal name, business address, contact, billing and tax information and keep account information current. Notices, invoices, receipts, licence delivery and contractual communication may be provided electronically. The Customer must maintain a working business email address and monitor spam filtering.

4. Plans and activation limits

The purchased plan determines production, local and staging activation limits, update entitlement and permitted client handoff.

  • Single: one production website and the stated non-production activations. The licensed website may be delivered to one client with a client editor account, but the licence key remains controlled by the purchasing Customer.
  • Unlimited: unlimited production websites for the licensed Customer and its client projects while activation entitlement is active, plus the stated non-production activations.
  • Lifetime: unlimited production websites for the licensed Customer and its client projects, plus the stated non-production activations and lifetime update access as described at purchase.

Activations may not be shared with unrelated businesses, pooled between separate Customers, rented as standalone licences or used to operate a general licence-resale service. Agencies may provide websites created with VibeMS to their clients only within the handoff rights of the purchased plan.

5. Prices, payment and taxes

Prices shown by VibeMS exclude applicable taxes unless expressly stated otherwise. The final amount, currency and tax treatment are shown by Paddle before payment. Paddle collects the payment and provides the transaction invoice. Customers must not send card or payment credentials to VibeMS.

The Customer remains responsible for its own accounting, tax declarations and any taxes not collected by Paddle. Tax identification supplied after purchase may be subject to Paddle's process and time limits.

6. Subscriptions and cancellation

One-time plans do not renew. The Unlimited plan is a monthly subscription that renews automatically for successive monthly periods until cancelled. It can be cancelled through the Paddle buyer portal or Paddle buyer support. Cancellation takes effect at the end of the then-current paid period and stops future renewals.

Cancellation or expiry ends access to new updates and new activations where the plan requires an active entitlement. It does not intentionally disable websites, editors or local backups already installed and activated during a valid entitlement. Compatibility with future hosting or PHP changes may require an update entitlement.

7. Delivery, updates and support

The licence and download access are normally delivered electronically after confirmed payment. The Customer must notify support promptly if delivery fails.

Commercial update access follows the purchased plan: Single includes twelve months, Unlimited includes feature and compatibility releases while the subscription entitlement is active, and Lifetime includes lifetime access to generally released VibeMS updates covered by that plan. Updates may contain security fixes, compatibility work, patches, features or major releases.

Commercial update entitlement does not reduce vulnerability handling, corrective measures or access to security updates that VibeMS must provide under mandatory law during an applicable security-support period. A security update made available on that basis does not extend feature, compatibility or general support entitlement.

Standard support covers account access, billing routing, licence activation and documented product behaviour. It does not include custom website development, third-party code debugging, hosting administration, data entry, migration from undocumented systems or recovery from Customer changes unless agreed separately.

8. Customer obligations

The Customer must:

  • protect credentials, licence keys, recovery codes and signing or API secrets;
  • maintain verified backups before installation and updates;
  • use supported hosting, PHP and database versions;
  • install relevant security updates within a reasonable period;
  • test material changes before production deployment;
  • keep administrator accounts limited to authorized persons and use appropriately strong, unique authentication;
  • preserve the product's security controls, file protections and signature checks;
  • ensure website content, forms, tracking, third-party assets and imported code are lawful;
  • assess and maintain custom code, scripts, integrations and files imported into or added alongside VibeMS;
  • obtain all required notices, consents and data-processing arrangements for websites operated with VibeMS;
  • monitor security and end-of-support notices sent to the account contact;
  • report suspected account or licence compromise promptly.

The Customer controls and is responsible for websites and data hosted in its own environment. VibeMS does not inspect or moderate locally hosted website content as part of ordinary licensing. Customer operation of the CMS does not transfer responsibility for a defect in the unmodified VibeMS core, but the Customer remains responsible for risks caused by its hosting, credentials, configuration, content, imported or third-party code, core modifications or failure to install an available security update after reasonable notice.

9. No consumer withdrawal right; refunds

VibeMS is not offered to consumers, and the statutory consumer withdrawal regime does not apply to these business contracts. This is a restriction of the intended customer group, not a waiver of mandatory rights that may apply where a buyer was in fact legally acting as a consumer.

Business transactions are non-refundable unless mandatory law, Paddle's applicable Buyer Terms or Refund Policy, or an individual written agreement requires otherwise. All payment refunds must be requested and processed through Paddle; VibeMS does not refund Paddle transactions directly. Details appear in the VibeMS Refund Policy.

10. Defects and availability

The statutory rules on defects apply subject to these Business Terms. The Customer must inspect the product within a reasonable period and report reproducible defects with sufficient information. Where section 377 of the German Commercial Code applies, its inspection and notification duties remain unaffected. We may remedy a defect by correction, workaround or replacement update. Documentation, supported environment and the agreed product description determine the expected characteristics.

No software can be guaranteed to be entirely free from vulnerabilities, defects or attempted attacks. VibeMS therefore does not promise absolute security, uninterrupted operation or compatibility with every hosting environment, modification or third-party component. This statement does not reduce an expressly agreed characteristic, an expressly assumed guarantee, statutory defect rights or liability that cannot lawfully be excluded.

The self-hosted CMS is designed to operate independently after activation. Online account, activation, checkout, support and update services may be temporarily unavailable for maintenance, security work or circumstances outside reasonable control. We do not promise uninterrupted availability unless a separate service-level agreement expressly says so.

11. Liability

Liability is unlimited for intent, gross negligence, fraudulent concealment, guarantees expressly assumed, injury to life, body or health and liability that cannot lawfully be limited, including mandatory product liability.

For slight negligence, we are liable only for breach of an essential contractual obligation whose performance is necessary for the proper execution of the contract and on which the Customer may regularly rely. In that case, liability is limited to foreseeable damage typical for this contract. In all other cases, liability for slight negligence is excluded to the extent permitted by law.

VibeMS is not liable to the extent that damage was caused by Customer-controlled circumstances, including unsupported or insecure hosting, disclosed or insufficiently protected credentials, disabled security controls, modified core files, imported or third-party code, failure to install an available security update after reasonable notice, or failure to maintain a recoverable backup. This allocation does not apply where a defect in the unmodified VibeMS core materially contributed to the damage.

Where data loss was caused by slight negligence and liability exists under the preceding paragraphs, liability is limited to the reasonable restoration cost that would have arisen if the Customer had maintained backups in accordance with these Terms. The above limitations also apply for the benefit of our employees and agents.

Where a third party asserts a claim because Customer content, imported or third-party code, Customer instructions or Customer use infringes that third party's rights or applicable law, the Customer must indemnify VibeMS against the claim and reasonable defence costs to the extent the claim results from the Customer's culpable breach of these Terms. VibeMS will inform the Customer promptly, reasonably cooperate and not admit or settle the claim at the Customer's expense without the Customer's consent. This obligation does not apply to the extent VibeMS caused the claim.

12. Confidentiality and security

Each party must protect non-public business, technical and security information received from the other party using at least reasonable care and use it only for the contract. This does not cover information lawfully public, independently developed or lawfully received without a confidentiality duty. Mandatory disclosure obligations remain unaffected.

VibeMS operates a coordinated vulnerability-reporting channel and publishes the security-support period and supported versions on the Security page. Security corrections required by mandatory law during that period are made available without an additional security-update fee. Customers must not publicly disclose an unremediated vulnerability before allowing a reasonable coordinated remediation period, except where mandatory law requires disclosure.

13. Suspension and termination for cause

We may restrict account access, new activations or downloads where reasonably necessary following confirmed fraud, a full refund, chargeback abuse, material key sharing, security compromise or material breach. Where the breach can be remedied, we will normally provide notice and a reasonable opportunity to cure. Existing local websites are not intentionally remotely disabled solely because an update entitlement expires.

Either party may terminate for material cause under applicable law. Ownership, confidentiality, accrued payment obligations, liability provisions and restrictions that by their nature survive remain effective.

14. Changes

Changes affecting existing contracts will be communicated in text form with reasonable notice where required. Material reductions of already purchased perpetual rights require the Customer's agreement unless necessary to comply with law or address an urgent security risk. The version accepted at purchase remains available in the account records.

15. Governing law and venue

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules, to the extent legally permitted. If the Customer is a merchant, public-law entity or has no general place of jurisdiction in Germany, the exclusive venue is the court having jurisdiction for Mainhausen, Germany. Mandatory jurisdiction rules remain unaffected.

16. Contact

Product and licence support: support@vibems.io
Order, invoice, cancellation and refund support: Paddle Buyer Support

If an individual provision is invalid, the remaining provisions remain effective. The statutory rule applies in place of the invalid provision.