Published: 2024-03-03
Last updated: 2025-12-21
This summary is provided for convenience only. The full Agreement below is legally binding and controls in case of any conflict.
This Agreement applies to the proprietary Kirby Tools plugin(s) ("Plugins") by Johann Schopplich ("Licensor") that you purchase or otherwise lawfully obtain from the Licensor or an Authorized Reseller (e.g. Lemon Squeezy), unless you have a separate written agreement with the Licensor.
Each Plugin is licensed separately. Purchasing a license for one Plugin does not grant rights to any other Plugin.
Using a single Plugin license to provide the Plugins' functionality to multiple third parties/tenants as part of a SaaS/platform/website-builder offering is not covered by the "unlimited Owned Projects" permission. Each tenant/customer Project requires its own Plugin license.
This License Agreement ("Agreement") outlines the terms and conditions for the use of the Plugins.
By purchasing, downloading, installing, copying, accessing, or using any of the Plugins, you agree to comply with this Agreement.
In this Agreement, "you" refers to the Licensee and any person who accesses or uses the Plugins under the Licensee's authority (e.g. employees, contractors, or service providers).
https://sub.example.com or https://example.com/example/). Each (sub)domain and root directory is a separate Project, even if the projects are related in any way.2.x → 3.x). Minor and patch versions follow semantic versioning.Payments for the Plugins may be processed by the Licensor and/or by an Authorized Reseller acting as Merchant of Record (e.g. Lemon Squeezy). Billing and checkout are handled by the Merchant of Record under their terms and policies.
Subject to your continued compliance with this Agreement, the Licensor grants the Licensee a non-exclusive, non-transferable, worldwide, perpetual (subject to termination) license to install and use the Licensed Versions of the Plugins on an unlimited number of Owned Projects.
This Agreement grants rights only for the specific Plugin(s) you obtained under it.
This license includes use in development, staging, and production environments for those Owned Projects and allows you to make reasonable copies solely for those purposes (e.g. for deployment and backups).
You may modify the Plugins for use within your Owned Projects, provided you do not distribute the Plugins except as explicitly permitted by this Agreement.
Your license covers the Licensed Versions of the Plugin.
Minimum entitlement: At minimum, your purchase entitles you to use the Major Version of the Plugin that is made available for purchase at the time you buy it, plus minor and patch updates within that Major Version.
In case of ambiguity or conflict, the Licensed Versions shown and/or validated by the Licensor's licensing system control.
Some Plugins may require a License Key and may verify license status (for example to activate, validate eligibility for certain versions, or prevent abuse).
You agree that you will not:
The Licensor may suspend or deactivate License Keys in the event of refunds/chargebacks (see "Refund Policy") or in the event of a breach of this Agreement, to the extent permitted by law.
The Licensee may allow its employees and individual contractors to use the Plugins solely on behalf of the Licensee and only for the Licensee's Owned Projects, provided the Licensee remains responsible for their compliance with this Agreement.
The Licensee may also provide access to the Plugins to service providers (e.g. hosting providers) solely to develop, deploy, host, or operate the Licensee's Owned Projects.
You may use the Plugins in a Project delivered to a Client only if the Project remains an Owned Project.
The Client may use the Plugins only as integrated into that Owned Project and solely for the purpose of operating and maintaining that Owned Project. The Client may not extract, reuse, or redistribute the Plugins (or any substantial portion of them) for any other Project or purpose.
If at any time the Client (or any third party) becomes the Code Owner of the Project (including via assignment, work-for-hire, or an exclusive license to the Project code), you must, before that transfer takes effect, either:
You may not use a single Plugin license (including a single License Key) to operate a SaaS Offering that makes the Plugins available to or primarily benefits multiple third parties/tenants.
If you operate a SaaS Offering, each Tenant Project requires its own Plugin license (i.e. a separate license purchase for the Plugins used for that Tenant Project), unless the Licensor has granted you a separate written agreement covering that use.
The Licensee may not, and may not permit others to:
Any use outside these restrictions is strictly prohibited and may result in termination of this Agreement.
The Plugins are copyrighted by the Licensor. All rights not expressly granted to the Licensee are retained by the Licensor, including all intellectual property rights.
Some components used by the Plugins may be provided under separate open-source or third-party licenses. Those licenses apply to the respective components.
Some Plugins may integrate with third-party services (e.g. APIs). Your use of such services may be subject to separate terms and privacy policies of those third parties.
The Plugins are independent products and are not affiliated with the developers of Kirby CMS. Trademarks used are owned by their respective trademark holders and do not imply endorsement.
Unless otherwise stated on the product page and/or checkout page at the time of purchase (or in a separate written agreement), no specific response time or guaranteed support scope is promised under this Agreement.
A 30-day money-back guarantee applies to the Plugins, unless mandatory local law provides otherwise.
If a purchase is refunded, disputed, charged back, or otherwise reversed, the corresponding license is terminated. The Licensee must immediately cease all use of the affected Plugin(s) and delete all copies in their possession or control. The Licensor may deactivate the associated License Key(s).
THE PLUGINS ARE PROVIDED "AS IS" AND "AS AVAILABLE".
Except where prohibited by law, the Licensor disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You are solely responsible for determining the appropriateness of using the Plugins and for implementing appropriate safeguards (including backups). The Plugins may contain errors and may cause interruptions, data loss, incompatibilities, or other issues. You assume all risks associated with installing and using the Plugins.
Nothing in this Agreement excludes, restricts, or modifies any mandatory consumer rights that cannot be waived under applicable law.
Except where prohibited by law, the Licensor shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages.
Where liability cannot be excluded under applicable law (for example, for intent, gross negligence, or injury to life, body, or health), this Agreement does not exclude such liability.
Except where prohibited by law, the Licensor's total cumulative liability arising out of or relating to this Agreement shall not exceed the total fees paid by the Licensee for the Plugin(s) giving rise to the claim.
Except where prohibited by law, the Licensee agrees to indemnify, defend, and hold harmless the Licensor from any claims, damages, losses, or expenses (including reasonable legal fees) incurred due to the Licensee's misuse of the Plugins or violation of this Agreement.
This Agreement is effective until terminated.
The Licensor may terminate this Agreement (including the license for one or more affected Plugin(s)) if the Licensee breaches any term of this Agreement and does not remedy the breach within fourteen (14) days of written notice. The Licensor may terminate immediately for material breaches that cannot be cured (e.g. unauthorized distribution or public sharing of the Plugins or License Keys, or circumvention of licensing).
Upon termination, the Licensee must immediately cease all use of the affected Plugin(s) and delete all copies in their possession or control.
Sections 4 (to the extent relating to restrictions on License Keys), 10–18, 20–22, and this Section 19 (Survival) survive termination.
This Agreement constitutes the entire understanding between the parties regarding the Plugins. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
The Licensee may not assign or transfer this Agreement or the license granted under it without the Licensor's prior written consent, except to a successor entity in connection with a merger, acquisition, or sale of substantially all of the Licensee's assets, provided that (a) the successor agrees in writing to be bound by this Agreement and (b) the Licensee provides notice to the Licensor.
This Agreement is solely between the Licensor and the Licensee and does not confer any rights or remedies on any third party. Authorized Resellers and the developers of Kirby CMS are not parties to this Agreement and assume no obligations or liability under it.
The Licensor may amend this Agreement from time to time by publishing an updated version.
Changes will apply immediately to new purchases. For existing Licensees, changes apply when downloading, installing, activating, or using updates released after the effective date of the updated Agreement.
Except as described above, your use of previously downloaded versions of the Plugins remains governed by the version of this Agreement in effect when you obtained those versions.
This Agreement is governed by the laws of Germany.
If you are a consumer, mandatory consumer protection laws applicable in your country of habitual residence may also apply and remain unaffected.
For businesses/merchants, the place of jurisdiction for all disputes arising out of or in connection with this Agreement is Leipzig, Germany.
Any disputes arising from this Agreement shall be resolved through mediation, if possible, before resorting to litigation.
The Licensor complies with the General Data Protection Regulation (GDPR). Personal data collected (including in connection with License Keys and license verification, if applicable) is handled in accordance with the Licensor's privacy policy.
For questions regarding your purchase, payment processing, refunds, or customer service inquiries, please note that the order process may be conducted by an Authorized Reseller (e.g. Lemon Squeezy).
For questions regarding this License Agreement, please contact the Licensor at:
Johann Schopplich
Paul-Gruner-Str. 38
04107 Leipzig
Germany
Email: hello@kirby.tools
Website: https://kirby.tools