Terms of service

1. Scope and seller

1.1 These Terms of Service apply to all orders placed in the online shop at carvinci.com.

1.2 The seller is:
Kevin Lehrmann, trading as CarVinci Resolve
Rheinauer Ring 81, 76437 Rastatt, Germany
Phone: +49 177 2801367
Email: support@carvinci.com
VAT ID: DE462527953

1.3 These Terms apply to consumers and business customers. A consumer is any natural person who places an order for purposes that are mainly outside their trade, business or profession (Section 13 German Civil Code, BGB). A business customer is any natural or legal person or partnership acting in its trade, business or profession (Section 14 BGB). Clauses that apply only to business customers are marked as such.

1.4 Terms of business customers that differ from these Terms do not apply unless we expressly agree to them in writing.

2. Products

2.1 We sell digital products: desktop apps and plugins for DaVinci Resolve, extensions for our apps, LUT packs, presets and bundles of these products. We also offer free presets and free trials.

2.2 The features, system requirements and compatibility of each product (for example, the supported DaVinci Resolve versions and operating systems) are stated on its product page. The product page description defines the agreed quality of the product.

2.3 Some products, for example Speedramp Engine, need a license key, which you activate in the app. Activation, license checks and updates need an internet connection. Without a connection, the app keeps working for up to 14 days in a row. After that, it needs to connect once to keep working.

2.4 Pro Extensions, for example Motion Blur and AI-Flow, add functions to Speedramp Engine. You can buy them together with Speedramp Engine, or alone if you already own a paid Speedramp Engine license. They are added to that license and work only with it.

3. Conclusion of the contract

3.1 The presentation of products in the shop is not a binding offer, but an invitation to place an order.

3.2 The order process works as follows:

1. You add products to the cart, using "Add to cart" or "Buy now".
2. In the cart, you tick the checkbox. With it, you agree that we begin performance before the end of the withdrawal period, and you acknowledge that your right of withdrawal expires once the download is made available to you.
3. You go to checkout and enter your email address and billing details.
4. You choose a payment method.
5. You review all details of your order on the checkout page. You can correct any input errors at any time before placing the order, using the input fields or your browser's back button.
6. You place a binding order by clicking the order button.

3.3 We confirm the receipt of your order by email immediately after you place it. The contract is concluded when we accept your order, either by sending the order confirmation or by making the download available, whichever happens first.

3.4 The contract language is English.

3.5 We store the contract text. You receive the order details and our Right of Withdrawal policy by email, with a link to these Terms. These Terms are available at any time at carvinci.com/policies/terms-of-service, where you can save or print them.

4. Prices and payment

4.1 All prices are final prices in euros and include statutory VAT. There are no shipping costs.

4.2 The available payment methods are shown in the shop and at checkout. Payment is due when you place the order.

4.3 If you use a payment service provider (for example, PayPal or Klarna), its own terms also apply to the payment.

5. Delivery

5.1 All products are delivered digitally. After your payment is confirmed, you receive access to your download on the order confirmation page and by email. For products that need a license key, you find the key in your customer account.

5.2 If a payment is confirmed later (for example, with some PayPal or Klarna methods), the download is made available as soon as the payment is confirmed.

5.3 We deliver worldwide.

6. Right of withdrawal

Consumers have a statutory right of withdrawal. The details, including the early expiry of the right for digital content, are set out in our Right of Withdrawal policy.

7. Updates

7.1 We provide updates for each paid product, including functional and security updates, for at least 24 months from the date of your purchase (minimum update period).

7.2 Where a product page promises "lifetime updates", this means: beyond the minimum update period, we provide all future versions of that product free of charge for as long as we sell or maintain the product. It does not include new or separate products.

7.3 We inform you about available updates by email or in the app. You download updates from your download page or, for apps such as Speedramp Engine, in the app.

7.4 Your statutory rights regarding updates under Sections 327f and 327r BGB remain unaffected.

8. License

8.1 All products remain our intellectual property. With your purchase, you receive a non-exclusive, perpetual license to use the product, subject to the terms below.

8.2 The license is granted to one person. You may use the product in personal and commercial projects, including client work, without limitation. You may install products without a license key on all computers that you personally use. A product with a license key, for example Speedramp Engine, may be active on up to two of your computers at the same time. To use it on another computer, first remove one of them in the app.

8.3 You may not share, copy for others, resell, sublicense or publish the product files, including as part of your own templates, presets or products.

8.4 You may transfer your license as a whole to another person if you delete all of your copies and inform us by email.

8.5 These license terms also apply to free products.

8.6 Some products, for example Speedramp Engine, can be tried for free. You start the trial in the app. It needs no payment and no account. It runs for 14 days from the start, whether or not you use the app, and includes the features stated on the product page. Each computer can have one free trial. You may not get another trial for the same computer. When the trial ends, the app locks until you enter a license key. The trial never turns into a paid license by itself, and nothing is charged. The license terms in this section apply to the trial. For liability, the trial counts as a free product (Section 10.3).

9. Warranty

9.1 The statutory warranty rights apply. For digital products, these are set out in Sections 327 et seq. BGB.

9.2 Business customers only: the limitation period for claims due to defects is one year from delivery. This does not apply to claims for damages under Section 10.

10. Liability

10.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and as far as we have given a guarantee.

10.2 For slight negligence, we are liable only if we breach an essential contractual obligation. An essential contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In this case, our liability is limited to the damage that is foreseeable and typical for this type of contract.

10.3 For free products, we are liable only for intent and gross negligence, and for defects that we fraudulently concealed. Section 10.1 remains unaffected.

10.4 Any further liability for slight negligence is excluded. The limitations in this section also apply in favour of our representatives and vicarious agents.

11. Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

12. Governing law and place of jurisdiction

12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law applies only to the extent that it does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence.

12.2 Business customers only: if you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.