Terms and Conditions

Deutsch

Terms and Conditions

for software and digital products, in particular Proshot Studio

This is a translation. In case of any discrepancy, the German version prevails.

1. Provider and scope

The provider is Florin Schmid, Rehweg 2, 9472 Grabs SG, Switzerland, contact (the «Provider»). These terms apply to all purchases and subscriptions in the shop on florinschmid.com and to the use of the software Proshot Studio (the «Software»). By placing an order you accept these terms. Deviating terms of the customer do not apply.

2. Conclusion of contract

The contract is concluded as soon as you complete the order in the shop and the payment is successful. You receive a confirmation by email with your licence key and access to your customer account.

3. Scope of service and licence

  • For the duration of your subscription you receive a simple, non-transferable and non-exclusive licence to use the Software on up to two of your own computers.
  • Updates are included during the subscription. The Provider freely decides on the content and timing of updates and on changing, extending or removing features.
  • The Software regularly checks the licence online with the shop. Without a connection it keeps working for up to 7 days.
  • The features of the current version are decisive. Descriptions, sample images and before/after comparisons on the website are examples and not guaranteed properties.
  • The Software, its code, design and documentation remain the intellectual property of the Provider. Reselling, sharing, renting, circumventing the licence check, decompiling or copying the Software are not permitted unless expressly allowed by law.

4. AI editing and OpenAI

  • AI editing requires your own API key and credit with OpenAI. You have a separate contract with OpenAI, and OpenAI’s terms apply.
  • OpenAI bills the cost of AI editing directly to you. It is not included in the subscription price. You are responsible for your API key, your credit and any spending limits. Cost indications in the Software are estimates.
  • The Provider has no influence on the availability, prices, quality, content policies or changes of OpenAI’s services and accepts no responsibility for them.
  • AI results are not predictable. They may contain errors, distortions or unwanted changes, including to people, faces, logos or products. You check every result yourself before using or publishing it.

5. Your obligations

  • You only edit images for which you hold the necessary rights, and you obtain the consent of people shown where required.
  • You do not use the Software for unlawful, deceptive or infringing content.
  • You back up your originals and projects yourself. The Software is a desktop app with local project management; the Provider has no access to your projects and cannot restore them. AI edits are processed via the OpenAI API: every image you edit with AI is transmitted to OpenAI for this purpose.
  • You keep your licence key and your API key confidential.

6. Prices, payment and term

  • The prices shown in the shop in Swiss francs apply. The subscription is paid in advance (e.g. via Stripe or PayPal) and renews automatically for one month at a time. With the founder offer (subscribed by 31 December 2026) the founder price applies to six monthly payments; the subscription then ends and can be renewed at the regular price valid at that time.
  • You can cancel at any time in your customer account. Cancellation takes effect at the end of the period already paid; until then you can keep using the Software. Periods already paid are not refunded pro rata.
  • If a payment fails, the licence may be suspended until payment has been made.
  • Price changes are announced by email at least 30 days in advance and apply from the next renewal. You may cancel before then.

7. Digital content and withdrawal

The Software is made available immediately after purchase. By placing your order you expressly request that performance begins immediately. Where you have a statutory right of withdrawal (for example as a consumer in the EU), you acknowledge that it expires once provision has begun. Under Swiss law there is no right of withdrawal for online purchases.

8. Warranty

The Software is provided «as is». The Provider strives for reliable software but does not warrant that it is free of errors or runs without interruption, is compatible with all hardware and software, or is fit for a particular purpose. This also applies to the licence and update server. Any further warranty is excluded to the extent permitted by law. If you have problems, the Provider will help as far as possible via the contact form.

9. Liability

  • The Provider’s liability is excluded to the extent permitted by law.
  • In particular, liability is excluded for data loss (including original images), faulty or unwanted AI results, costs at OpenAI or other third parties (even if caused by errors in the Software), outages of third-party services, lost profit, missed jobs, claims by your clients or other third parties, and indirect or consequential damage.
  • Where liability cannot be excluded, it is limited to the amounts you paid for the subscription in the twelve months before the event causing the damage.
  • Liability for damage caused intentionally or by gross negligence, and any other liability that cannot be limited by law, remains unaffected. Liability for auxiliary persons is excluded to the extent permitted by law.
  • You indemnify the Provider against third-party claims arising from editing images without the necessary rights or from unlawful use of the Software.

10. Suspension and discontinuation

In case of misuse, such as sharing the licence key or circumventing the licence check, the Provider may suspend the licence without refund. The Provider may discontinue the product with 30 days‘ notice; in that case, periods already paid but not used are refunded pro rata.

11. Changes to these terms

The Provider may amend these terms. Changes are announced by email at least 30 days before they take effect. If you do not agree, you may cancel before then; otherwise the new terms apply from the next renewal.

12. Privacy

How personal data is processed is described in the privacy policy.

13. Governing law and jurisdiction

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Grabs SG, Switzerland. Mandatory places of jurisdiction and consumer protection rules, in particular at your place of residence, remain reserved.

14. Final provisions

Should any provision of these terms be invalid, the remaining provisions remain valid. The invalid provision is replaced by one that comes as close as possible to its purpose.

Last updated: September 2026