These Pinchy Pro Subscription Terms (the "Terms") govern the commercial subscription to Pinchy Pro offered by Helmcraft GmbH, a limited liability company registered at the Commercial Court of Vienna under company number FN 588989k, with registered office at Hietzinger Hauptstraße 101/1, 1130 Vienna, Austria, VAT identification number ATU78631027 ("Pinchy", "we", "us"), to the entity named in the applicable order confirmation (the "Customer", "you"). By completing the checkout on buy.heypinchy.com, you accept these Terms on behalf of your organisation.
The Community edition of the Pinchy software remains governed by the GNU Affero General Public License version 3.0 and is not subject to these Terms.
Subject to timely payment of the applicable Fees, Pinchy grants the Customer a non-exclusive, non-transferable, revocable license to activate and use the Pro features of the Pinchy software on one production instance for the duration of the Subscription Term, limited to the number of users specified in the product description (currently up to ten users for Pinchy Pro).
The license is delivered in the form of a cryptographically signed license key transmitted by email to the Customer billing contact within one business day after successful payment. The license key is bound to the Customer's subscription and must not be shared, resold, or used on more than one production instance.
The Customer's use of the Pinchy software shall be limited to internal business purposes. Providing the Pinchy software as a hosted service to third parties is not permitted under this subscription and requires a separate commercial agreement.
Reverse engineering, circumventing, or tampering with the license key mechanism is prohibited.
The Subscription Term begins on the date of successful payment and runs for twelve consecutive months. At the end of the Subscription Term, the subscription shall automatically renew for successive twelve-month terms at the then-current list price, unless the Customer has cancelled the subscription prior to the renewal date.
The Customer may cancel the subscription at any time via the customer portal or by written notice to billing@heypinchy.com. Cancellation becomes effective at the end of the then-current Subscription Term. The license remains valid and fully functional until the end of that term. No prorated refunds are issued for the unused portion of a Subscription Term.
The annual Fee is stated on the checkout page and in the order confirmation. Fees are billed annually in advance and are due upon checkout via the payment methods offered, currently credit card via Stripe, SEPA direct debit, and, for Enterprise customers, bank transfer on invoice.
All Fees are stated exclusive of applicable value-added tax. VAT will be added where required by law. For business customers within the European Union providing a valid VAT identification number, the reverse charge procedure applies in accordance with Council Directive 2006/112/EC.
If payment of a renewal invoice fails or is delayed by more than thirty days after due date, Pinchy may suspend or deactivate the commercial license. A thirty-day grace period applies during which the Customer retains full access to Pro features. After expiry of the grace period, the license is deactivated and the installation continues to operate in Community mode under the AGPL 3.0.
Annual subscription fees are non-refundable except where required by applicable law. If the Customer qualifies as a consumer under Austrian law, the statutory right of withdrawal applies. This right does not apply to business customers.
During the Subscription Term, the Customer is entitled to all updates and security patches released for the Pinchy software, including bug fixes, security updates, and new Pro features.
Email support is provided on a best-effort basis with a target response time of two business days, Monday to Friday, excluding Austrian public holidays. Support is limited to issues concerning the Pro features. Support for the Community edition is provided exclusively via the public GitHub issue tracker.
Pinchy is not obliged to provide support for outdated versions. The Customer is expected to install releases within a reasonable time after their availability.
Pinchy warrants that the Pro features will substantially conform to the functionality described in the product documentation at docs.heypinchy.com under normal operating conditions.
The Pinchy software is provided "as is" and "as available". To the fullest extent permitted by law, Pinchy disclaims all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Pinchy does not warrant uninterrupted or error-free operation. The Customer is responsible for selecting Pinchy as a suitable solution for its needs and for maintaining the infrastructure on which Pinchy is self-hosted.
To the fullest extent permitted by law, Pinchy shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including loss of profits, loss of data, business interruption, or cost of substitute services, even if advised of the possibility of such damages.
Pinchy's total cumulative liability arising from or in connection with the subscription shall not exceed the Fees paid by the Customer in the twelve months immediately preceding the event giving rise to the claim.
The limitations in this section do not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which may not lawfully be excluded.
Pinchy is self-hosted by the Customer on infrastructure of the Customer's choice. Pinchy does not access Customer data processed within the Customer's Pinchy instance.
Pinchy processes Customer personal data, such as billing contact information and communication records, for the purposes of subscription management, invoicing, and communication. Processing is carried out in accordance with the Pinchy Privacy Policy published at heypinchy.com/privacy.
For Enterprise customers requiring a Data Processing Agreement, a separate DPA is available on request at legal@heypinchy.com.
The license key is validated offline. Pinchy does not collect telemetry from Customer instances by default.
Either party may terminate the subscription with immediate effect by written notice if the other party commits a material breach of these Terms and fails to cure the breach within thirty days of written notice.
Upon termination, the Customer shall cease using the Pro features. The Community features remain available to the Customer under the AGPL 3.0 license.
Any provision which by its nature is intended to survive termination shall survive, including the provisions on fees, limitation of liability, and governing law.
The Customer may not assign or transfer these Terms without the prior written consent of Pinchy. Pinchy may assign these Terms in connection with a merger, reorganisation, or sale of substantially all of its assets.
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, acts of government, network outages, or failures of third-party services.
Pinchy may update these Terms from time to time. Material changes will be notified to the Customer at least thirty days in advance by email to the billing contact. Continued use of the subscription after the notice period constitutes acceptance of the updated Terms.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with the order confirmation and the Pinchy Privacy Policy, constitute the entire agreement between the parties with respect to the subscription and supersede all prior agreements and understandings on the subject matter.
These Terms shall be governed by and construed in accordance with the laws of the Republic of Austria, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.
The courts of Vienna, Austria shall have exclusive jurisdiction over any dispute arising from or in connection with these Terms, except where mandatory consumer protection law provides otherwise.
For questions regarding these Terms, please contact legal@heypinchy.com. For billing-related enquiries, please contact billing@heypinchy.com.