Terms of Service

General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions apply to contracts concerning digital content, Minecraft plugins, software licences, bespoke development, custom plugins, modifications, maintenance and other related services supplied by

Sandra Glassl
Doktorberg 22, House 4
2391 Kaltenleutgeben, Austria
shop@pluginsmc.com

(hereinafter “PluginsMC”) to its customers.

Individually agreed services are additionally governed by the relevant quotation, order confirmation, requirements specification or comparable service description and, where applicable, a separate licence agreement.

Individual written agreements take precedence over conflicting provisions of these GTC. An agreement clearly confirmed by both parties by email or through the ticketing system also constitutes a written agreement for these purposes, unless the law requires a stricter form.

2. Subject matter and contractual documents

Depending on the agreement, the contract covers the supply of digital content, the grant of software usage rights or the provision of bespoke development, modification, maintenance or support services. Physical goods are supplied only where expressly agreed.

The nature and scope of the agreed performance are determined in the following order of precedence:

1. the individual written agreement;
2. the quotation and order confirmation;
3. a requirements specification or another expressly confirmed service description;
4. for shop products, the product description valid when the order was placed; and
5. these GTC.

3. Formation of the contract

The presentation of products and services on the website is not a legally binding offer. It is an invitation to submit an order or enquiry.

By completing checkout, the customer submits a binding offer to purchase. The contract is formed when PluginsMC expressly confirms the order, makes the product available or activates the licence.

For bespoke services, the contract is formed when the individual quotation is accepted or an equivalent order confirmation is issued. At minimum, the agreed functional scope and remuneration will be recorded in writing before work begins.

4. Prices, payment and invoices

All prices are final prices in euros. VAT is not shown under the Austrian small-business exemption pursuant to section 6(1)(27) UStG for as long as its statutory requirements are met.

Payment may be processed by the external payment service providers shown at checkout, in particular Stripe or PayPal. Their terms additionally apply to payment processing. PluginsMC does not store complete card, bank-account or PayPal login details.

The payment terms in the quotation apply to bespoke work. Unless agreed otherwise, the agreed remuneration becomes due upon acceptance or provision of the service.

If a payment fails, is returned or charged back, or otherwise remains outstanding, PluginsMC may withhold delivery until payment has been made in full and may temporarily suspend an existing licence, to the extent permitted by law and proportionate. Mandatory statutory customer rights remain unaffected.

The invoice is made available through a durable download facility in the customer dashboard. The customer may additionally be notified of its availability by email.

5. Supply of digital content

Following successful payment, shop plugins are generally supplied as a compiled JAR file together with the corresponding licence key in the customer dashboard. Supply may additionally be confirmed by email.

Customers should retain a local backup of supplied files. Mandatory statutory duties to supply or re-supply content remain unaffected.

6. Standard licence for shop plugins

Once the purchase price has been received in full, the customer is granted a simple, non-exclusive and non-transferable right to use the compiled version of the purchased plugin in accordance with the licence terms stated at the time of purchase.

Use is permitted only on Minecraft servers owned by the customer or operated on the customer's behalf, and only within the server or IP limit specified for the product.

The purchase of a licence does not normally include any right to receive the source code.

All copyright, exploitation and usage rights not expressly granted remain with PluginsMC.

PluginsMC may temporarily suspend a licence for good cause or terminate it in accordance with the applicable statutory requirements. Good cause may include, in particular:

• a material or repeated breach of the licence terms;
• unauthorised disclosure or publication of the plugin, source code or licence key;
• circumvention of or interference with the licensing system;
• resale or sublicensing without permission; or
• a chargeback or failure to make a payment when due.

Where the nature and severity of the breach permit, the customer will be given a reasonable opportunity to remedy it before a permanent suspension. A permanent suspension or termination will be imposed only where it is lawful and proportionate. Mandatory statutory customer claims remain unaffected.

7. Licensing system and server/IP limit

Shop plugins and custom plugins where this has been agreed may be protected by a technical licensing system. Its purposes include preventing unauthorised sharing or multiple use.

The number of servers or public server IP addresses that may be used simultaneously is specified in the product description, checkout, customer dashboard, quotation or order confirmation. Where they differ, the individually agreed licence prevails. There is no single IP limit that applies to every product.

For example, if an IP limit of two has been agreed, the plugin may be operated simultaneously on no more than two different public server IP addresses.

The licensing system may automatically detect and adopt a change to a registered server IP. If this is not possible, the customer can generally reset the registered IP addresses in the customer dashboard once per calendar month. Different terms in the specific licence remain possible.

The licensing system must not be circumvented, manipulated, removed or disabled unless PluginsMC has given express written permission. Acts permitted by mandatory law remain unaffected.

8. Use on commercial Minecraft servers

The plugin may be used on the customer's own Minecraft servers, including commercially operated servers, within the purchased licence unless the relevant quotation or product description states otherwise. This includes servers generating revenue through ranks, cosmetic content, advertising, donations or comparable offerings.

Without PluginsMC's express written permission, the following are prohibited in particular:

• selling or reselling the plugin;
• supplying it to third parties, whether for payment or free of charge;
• renting or sublicensing it;
• publishing the plugin or source code;
• uploading it to download or sales platforms;
• distributing it under the customer's own name;
• using it as part of the customer's own commercial software product; or
• selling modified or derivative versions.

Commercial operation of a Minecraft server is therefore distinct from commercial exploitation of the plugin itself.

9. Custom plugins

The agreed functionality of a custom plugin is set out in the individual quotation, order confirmation, requirements specification or comparable service description.

Unless expressly agreed otherwise, once payment has been made in full the customer receives a simple, non-exclusive and non-transferable right to use the compiled version of the custom plugin for the agreed customer server project.

Delivery of source code, removal of the licensing system, the grant of exclusive rights or permission to resell are not part of the standard service. They must be agreed and paid for separately.

Payment of the development costs alone therefore does not authorise the customer to resell, disclose, publish, sublicense or otherwise commercially exploit the custom plugin itself.

10. Exclusivity of custom plugins

A custom plugin developed individually for a customer will not be sold by PluginsMC to another customer in identical form or published unchanged in the online shop.

This exclusivity applies only to the specific customer implementation. General ideas, concepts, development methods, libraries, frameworks, interfaces and non-customer-specific reusable code may continue to be used in other projects. In particular, PluginsMC may independently develop another product based on a similar underlying idea, provided that the specific customer implementation is not copied or exploited unchanged.

Any broader exclusivity or grant of exclusive rights requires an express written agreement and additional remuneration.

11. Source-code licence

Source code is supplied only where this has been expressly agreed in writing. An additional fee may be charged for supplying source code.

Acquiring or receiving source code does not automatically transfer exclusive rights and does not automatically authorise publication, disclosure, sublicensing or resale.

Partially rewriting, restructuring, adapting or reprogramming the source code does not automatically turn it into a wholly new project that may be exploited without restriction. Where protected elements of the original plugin are retained, modified or reused, the resulting version will generally remain an adaptation. Its commercial exploitation, publication, disclosure or sale continues to be governed by the rights expressly granted and is not permitted without PluginsMC's corresponding written authorisation.

This does not apply to a genuinely independent new development that incorporates no protected code elements from the original plugin. General ideas, functions and unprotected concepts may be developed independently. Merely restructuring, adapting or partially reprogramming the existing source code does not by itself satisfy this requirement.

Unless agreed otherwise, the customer may use and modify supplied source code solely for the customer's own agreed server project.

The customer may instruct a developer to make changes if that developer keeps the source code confidential, receives it only for the specific assignment, acquires no independent rights in it and does not use it for other projects or disclose it to anyone else. The customer is responsible for imposing corresponding obligations on that developer.

All rights not expressly granted remain with PluginsMC. Third-party rights in incorporated libraries, frameworks or other components continue to be governed by their respective licence terms.

12. Distribution and commercialisation licence

Any right to exploit commercially, resell, sublicense or supply the plugin or source code requires a separate written distribution or commercialisation agreement.

Such an agreement may cover, in particular, the number of permitted sales, authorised distribution channels, use of the PluginsMC licensing system, remuneration, revenue sharing and support or update obligations.

Without such an agreement, selling or otherwise supplying the plugin or source code to third parties is prohibited. A source-code licence under section 11 does not by itself include any distribution or commercialisation rights.

13. Defect correction for custom plugins

Defects within the originally agreed written functional scope of a custom plugin will be corrected without additional charge if the defect is reproducible in the agreed Minecraft, Java, server and plugin versions and existed when the plugin was delivered.

The following do not constitute free defect correction in particular:

• new functions;
• subsequent change requests;
• extensions to the functional scope;
• updates for new Minecraft, Java or server versions;
• adaptations required by changed APIs or third-party plugins;
• problems caused by incorrect configuration;
• problems involving unsupported software versions;
• general consulting, installation or setup work; or
• defects caused by changes made by the customer or another developer.

If the source code is changed by the customer or by a third party not instructed by PluginsMC, free defect correction remains available only for the last unchanged version supplied by PluginsMC. Mandatory statutory warranty rights remain unaffected.

Unlimited or “lifetime” free defect correction is owed only where expressly agreed on an individual basis.

14. Subsequent changes

Subsequent changes, extensions or new functions that were not part of the originally agreed functional scope are paid additional services.

Depending on the agreement, they may be charged at a fixed price or on an hourly basis. The relevant quotation governs.

Previous purchases or an existing customer relationship do not create any entitlement to a particular price, discount or priority treatment.

15. Updates, support and discontinuation

15.1 Shop plugins

Updates for shop plugins are supplied in accordance with the relevant product description and licence. Where updates are advertised as included while a licence is active, updates actually published by PluginsMC are available to the customer without additional payment.

This is not a guarantee of unlimited or permanent development, does not create a right to publication of any particular update and does not create a right to specific new functions. Mandatory statutory warranty and update obligations remain unaffected.

15.2 Custom plugins

Updates of a custom plugin for new Minecraft, Java, Paper, Spigot, proxy or third-party versions are included only if expressly stated in the individual quotation. Otherwise, they are paid additional services.

15.3 Support

The scope, communication channel and availability of support are stated in the product description or individual agreement. Unless stated otherwise, support can be requested through the official Discord server or by email to shop@pluginsmc.com. A particular response or resolution time is owed only where a service level has been expressly agreed.

15.4 Source code following discontinuation of maintenance or support

If PluginsMC permanently discontinues maintenance, support or further development of a plugin, the customer may be offered the opportunity to purchase its source code on separately agreed terms.

Discontinuation of support or development does not create an automatic or free right to receive source code unless the individual contract states otherwise.

Even after a later purchase of source code, no rights of publication, disclosure or commercial exploitation arise unless they have been expressly granted in writing.

16. Right of withdrawal

Consumers have the statutory right of withdrawal in accordance with the separate withdrawal policy.

For digital content not supplied on a tangible medium, the right of withdrawal may expire early if the consumer expressly consents to performance beginning before the end of the withdrawal period, acknowledges that this results in loss of the right of withdrawal and PluginsMC supplies the contract copy or confirmation required by law (section 18(1)(11) FAGG).

Services and bespoke development are governed by the applicable statutory rules and the information supplied in the relevant ordering or quotation process. Consent to immediate supply of digital content is obtained separately from acceptance of these GTC.

17. Warranty

The agreed functional scope is determined by the product description valid at the time of purchase, the individual quotation and any other expressly confirmed service description.

The plugin is supplied for the Minecraft, Java, server and dependency versions expressly stated there. Compatibility with versions that are not listed or are released later is owed only where expressly agreed or required by mandatory statutory update obligations.

Screenshots, videos and examples are illustrative unless they expressly promise a specific function.

Customers should report a defect with a comprehensible description, the software environment used and, where reasonably possible, suitable log files. This is not a prerequisite for mandatory statutory claims.

Statutory warranty rights remain unaffected. In particular, claims relating to bugs, malfunctions or departures from the agreed functional scope are not excluded as a class.

18. Liability

PluginsMC is liable in accordance with the applicable statutory provisions. In particular, liability remains unlimited for damage caused intentionally or through gross negligence, for personal injury and wherever a limitation of liability is prohibited by law.

To the extent permitted by law, liability for slight negligence is limited to breach of material contractual obligations and to loss that was foreseeable and typical for the contract when it was made. For consumers, this limitation applies only to the extent permitted by law.

Liability and warranty for functions expressly agreed or warranted, fraudulently concealed defects and mandatory product-liability claims are not excluded.

Any contributory fault on the customer's part, including a failure to keep reasonable backups, demonstrably incorrect configuration or use of expressly unsupported versions, will be taken into account in accordance with the applicable law.

19. Mandatory law and final provisions

Mandatory statutory warranty, consumer-protection and copyright provisions remain unaffected by these GTC. Restrictions and exclusions apply to consumers only to the extent permitted by law.

Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law does not deprive them of protection afforded by mandatory provisions of the state of their habitual residence.

Exclusive jurisdiction at the registered place of business of PluginsMC is agreed only for business customers and only to the extent permitted by law.

If any provision of these GTC is or becomes invalid, the remaining provisions remain effective. The statutory rules apply in place of the invalid provision; no interpretation preserving an invalid term to the customer's detriment is agreed.