Terms of Use

1. Scope and acceptance

These Terms of Use ("Terms") are between you and Kontackt.org GmbH ("Kontackt", "we", "us", or "our"). They apply when you access or use kontackt.org, a Kontackt support account, software, plugin, application, digital product, download, custom development service, or related documentation that links to these Terms (together, the "Services").

By using a Service, creating an account, submitting a support request, or placing an order directly with us, you agree to these Terms. If you do not agree, do not use the Service. If you use a Service for a company or other organisation, you confirm that you have authority to bind that organisation, and "you" includes that organisation.

2. Eligibility and accounts

You must be at least 18 years old and legally capable of entering a contract, or use the Service with the involvement and permission of a parent, guardian, or authorised organisation.

You must provide accurate information, keep account details current, protect your credentials and multi-factor authentication codes, and notify us promptly if you suspect unauthorised access. You are responsible for activity under your account to the extent permitted by law. We may contact you at the email address associated with your account or order about security, support, transactions, and changes affecting the Service.

3. Orders and contract priority

An "Order" means an accepted proposal, statement of work, invoice, checkout confirmation, marketplace order, licence certificate, or other written agreement describing a product or service. An Order becomes binding when accepted in the manner stated in that Order, including payment where payment constitutes acceptance.

If documents conflict, the following order of priority applies unless a signed agreement says otherwise:

1. a signed agreement, proposal, or statement of work;
2. the applicable marketplace purchase and licence terms;
3. product-specific terms or licence information supplied with the product;
4. these Terms; and
5. general website descriptions.

Product descriptions, compatibility information, scope, delivery dates, and prices are those shown at the time of the Order. We may correct an obvious pricing or description error before fulfilment and will offer a refund if you do not accept the correction.

4. Software and digital-product licences

Kontackt software and digital products are licensed, not sold, unless an Order expressly transfers ownership. The applicable Order or marketplace licence defines the number of users, installations, projects, domains, environments, term, and permitted purpose.

If no more specific licence is provided, after full payment we grant you a limited, non-exclusive, non-transferable licence to install and use the product for one lawful internal project. You may make reasonable backup copies. You may not:

• redistribute, sublicense, rent, lease, resell, or make the product available as a competing standalone product;
• remove copyright, licence, attribution, or proprietary notices;
• bypass licence controls or use the product beyond the purchased scope;
• use source code, documentation, or assets to create a substantially similar product for resale; or
• reverse engineer or decompile the product except where applicable law expressly permits it and does not allow that right to be waived.

Open-source and third-party components remain subject to their own licences. Nothing in these Terms limits rights granted under an applicable open-source licence.

5. Custom development and professional services

Custom work is governed by the relevant Order. You will provide timely access, information, content, credentials, approvals, and decisions reasonably needed for delivery. A delay or inaccurate dependency from you may affect the schedule and cost.

Changes outside the agreed scope require written agreement and may change fees or delivery dates. Unless the Order provides another acceptance process, you should report a material failure to meet the agreed specifications within 14 days after delivery, with enough detail for us to reproduce it. We will use reasonable efforts to correct a verified non-conformity.

Ownership or licence rights in custom deliverables pass only as stated in the Order and after all applicable fees are paid. Kontackt retains ownership of pre-existing software, tools, libraries, methods, know-how, templates, and general improvements. Where those materials are included in a deliverable, we grant the licence reasonably necessary for you to use that deliverable as agreed.

6. Acceptable use

You must use the Services lawfully and in accordance with the applicable licence. You must not use a Service to:

• infringe intellectual property, privacy, confidentiality, publicity, or other rights;
• upload malware, exploit vulnerabilities, interfere with availability, or attempt unauthorised access;
• send spam, facilitate fraud, impersonate another person, or distribute unlawful or deceptive content;
• collect personal data without a lawful basis or required notice and consent;
• circumvent technical limits, rate limits, security controls, or account restrictions; or
• use the Service in a way that creates material risk for Kontackt, its providers, customers, or the public.

You are responsible for configuring and operating your own implementation lawfully, including providing end-user notices, obtaining consents, securing credentials, maintaining backups, and complying with laws applicable to your content and users.

7. Customer content and confidentiality

You retain ownership of messages, files, code, data, and other materials you submit ("Customer Content"). You grant Kontackt and its service providers a limited right to host, copy, transmit, inspect, and otherwise use Customer Content only as needed to provide support, perform the Order, maintain security, comply with law, and enforce these Terms.

You confirm that you have the rights and permissions needed to provide Customer Content. Do not send production credentials, full payment-card data, government identifiers, health information, or other sensitive data through a support ticket unless we specifically request it through an appropriate secure channel.

Each party will protect non-public information received from the other that a reasonable person would understand to be confidential and will use it only for the relevant business relationship. This duty does not cover information that is public without breach, independently developed, lawfully received from another source, or required to be disclosed by law.

8. Fees, payment, and taxes

Fees, currency, milestones, payment dates, and included expenses are stated in the Order. Unless the Order says otherwise, fees are due before digital-product delivery and invoices for services are due by the date shown. You are responsible for applicable taxes other than taxes on Kontackt's net income.

Payments may be processed by a marketplace or payment provider such as Stripe. That provider's payment terms and privacy notice also apply. We do not store full payment-card details. If an undisputed amount is overdue, we may pause affected work or access after giving reasonable notice, without waiving the amount due.

9. Cancellation, withdrawal, and refunds

Refund and cancellation rights depend on the type of purchase, the Order, the marketplace used, and mandatory law. Purchases made through a third-party marketplace must normally be requested through that marketplace and are subject to its refund process.

If you are an EU or EEA consumer buying at a distance, you generally have a 14-day right of withdrawal. For digital content supplied immediately, that right may end only after you expressly consent to immediate supply and acknowledge the loss of the withdrawal right. For services started at your express request during the withdrawal period, you may be required to pay for the portion performed before a valid withdrawal. Custom-made or fully performed services may be subject to statutory exceptions.

Nothing in these Terms removes a mandatory legal guarantee or your remedies for digital content, software, or services that are defective or do not conform to the contract. Outside mandatory rights, refunds are available only where the Order, marketplace policy, or a written agreement provides them. To request cancellation or raise a defect, contact us promptly with the order details.

10. Support, maintenance, and updates

Support scope, response targets, update eligibility, and maintenance periods are those stated in the Order or marketplace plan. Unless a service-level agreement applies, response and resolution times are estimates, not guarantees.

You must maintain supported versions and provide information reasonably needed to diagnose an issue. Support may exclude problems caused by unauthorised modifications, unsupported environments, third-party systems, misuse, or failure to follow documentation. Product updates may add, change, or remove functionality where reasonably necessary for security, legal compliance, compatibility, or improvement.

11. Third-party services and integrations

A Service may interoperate with hosting platforms, APIs, marketplaces, payment services, libraries, or other third-party products. Their availability and terms are controlled by their providers. You are responsible for obtaining required third-party accounts and licences and for complying with their terms.

Kontackt is not responsible for a third party's service, content, security, or changes, but this does not limit responsibility we cannot exclude under applicable law. If a third-party change materially affects custom work, any additional integration work may require a change to the Order.

12. Ownership, trademarks, and feedback

Kontackt and its licensors retain all rights in the Services, documentation, branding, designs, and technology except for rights expressly granted in an Order. "Kontackt" and associated logos may not be used in a way that suggests endorsement or affiliation without permission.

If you voluntarily provide suggestions or feedback, you allow us to use it without restriction or payment, provided we do not identify you publicly without permission. This does not transfer ownership of your Customer Content or confidential information.

Our handling of personal data is described in the Privacy Policy.

13. Service standards and warranties

We will perform paid professional services with reasonable skill and care and will provide paid digital products materially in accordance with their applicable description, subject to the Order and mandatory law.

Software and online services can contain defects and can be affected by networks, devices, third-party systems, maintenance, and security events. We do not promise uninterrupted or error-free operation, compatibility with every environment, or that a Service will meet requirements not stated in the Order. Free materials, previews, beta features, and evaluation versions are provided as available without additional warranties to the maximum extent permitted by law.

No statement in this section limits mandatory consumer guarantees or an express warranty in an Order.

14. Limitation of liability

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, breach of a mandatory consumer right, or any liability that cannot lawfully be excluded.

If you use the Services for business purposes, then to the maximum extent permitted by law:

• neither party is liable for indirect, incidental, special, punitive, or consequential loss, or for lost profit, revenue, goodwill, or data, except where such loss cannot lawfully be excluded; and
• Kontackt's total aggregate liability arising from a Service or Order is limited to the fees paid or payable for that Service or Order during the 12 months before the event giving rise to the claim.

For consumers, liability is limited only to the extent permitted by the mandatory law that applies to you. You are responsible for keeping appropriate backups and testing software in a safe environment before production deployment.

15. Suspension and termination

You may stop using the website or close a support account, subject to outstanding Orders and payment duties. Termination of a paid Service follows its Order.

We may suspend or restrict access where reasonably necessary to address a security threat, unlawful use, material breach, non-payment, or risk to other users or systems. Where practical and lawful, we will provide notice and an opportunity to remedy the issue. We may terminate for an uncured material breach or where continued performance would be unlawful.

Terms concerning payment, ownership, confidentiality, disclaimers, liability, disputes, and any provisions that by their nature should continue will survive termination. Termination does not affect rights or obligations already accrued.

16. Changes to Services or these Terms

We may update these Terms to reflect changes in law, security, technology, or our Services. Revised Terms apply from the published effective date. We will provide reasonable additional notice of a material change where required. Changes do not retroactively alter an existing Order unless you agree or the Order permits the change.

If a change materially disadvantages you in an ongoing consumer service, any right to reject the change or end the service provided by mandatory law remains available.

17. Governing law and disputes

These Terms and non-contractual disputes are governed by the laws of the Netherlands, without regard to conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protections available under the law of your country of residence.

Before starting formal proceedings, please contact service@kontackt.net so we can try to resolve the issue. Courts in the Netherlands have jurisdiction, except that a consumer may use any court or dispute process available under mandatory law.

18. General terms

If a provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. A delay in enforcing a right is not a waiver. You may not assign an Order without our consent where the assignment would materially affect our rights or obligations; this restriction does not limit non-waivable consumer rights. We may assign an Order as part of a merger, reorganisation, or transfer of the relevant business, subject to applicable law.

Neither party is responsible for delay caused by events beyond its reasonable control, except for payment obligations, but the affected party will take reasonable steps to reduce the impact. The Order and the documents listed in section 3 form the entire agreement about their subject matter and replace earlier discussions about that subject.

19. Contact details

Questions, notices, complaints, or cancellation requests can be sent to: