Terms and Conditions

1. Provider and scope

The contracting party for all contracts concluded via launchamp.eu is:

These Terms and Conditions apply to the use of the LaunchAmp service and to the purchase of the paid "Launch Pass". Any deviating terms of the customer do not become part of the contract unless we expressly agree to their application in text form.

The service is directed both at entrepreneurs within the meaning of Section 14 BGB and at consumers within the meaning of Section 13 BGB. For consumers, the Right of Withdrawal additionally applies.

2. Conclusion of contract

The presentation of the Launch Pass on the website does not constitute a binding offer, but an invitation to submit an offer. You submit your offer by providing the required information in the purchase dialog, giving the confirmation regarding immediate supply, and completing the payment process with our payment service provider. The contract comes into existence upon successful confirmation of payment and the subsequent unlocking of the Launch Pass.

We do not store the contract text separately, and it is not retrievable via the website after the contract has been concluded. You can view, save and print these Terms and Conditions on this page at any time. The contract languages are English and German.

3. Subject matter of the service

A Launch Pass always relates to exactly one Product Hunt launch and comprises:

• the generation and download of social media graphics for that launch in high resolution and without a watermark,
• the provision of an embeddable widget ("Wall of Love") which displays the real public metrics of that launch: the Product Hunt upvote count, up to three public Product Hunt comments, and the aggregated Product Hunt rating,
• the automatic synchronisation of these values with Product Hunt for 90 days from the time of purchase. After those 90 days no further synchronisation takes place; the widget continues to display the values last retrieved, permanently unchanged.

Without a Launch Pass, the content can be viewed in a watermarked preview. There is no entitlement to any particular scope of functionality in the free preview.

4. Results expressly not owed

This matters enough to us to warrant its own section: LaunchAmp is a tool for creating graphics and displaying public metrics. We do not owe any marketing success.

In particular, we do not promise and do not guarantee:

• any particular number of upvotes, comments or ratings,
• any particular ranking or award on Product Hunt (such as "Product of the Day"),
• additional website traffic, reach, visibility or followers,
• sign-ups, revenue, conversions or any other business results,
• any particular positioning in search engines.

Statements on our website about possible effects are non-binding assessments and not warranted characteristics.

5. Price, payment and delivery

The Launch Pass costs a one-time 29 € per launch. This is a final price. Pursuant to Section 19 UStG (German small-business regulation), no VAT is charged and therefore none is shown. There are no setup fees, no follow-on costs and no recurring payments; no subscription is entered into.

Payment is processed by the payment service provider Stripe Payments Europe, Ltd. The available payment methods are shown to you during the payment process. You enter your payment details exclusively with Stripe; they are not transmitted to us.

Unlocking takes place fully automatically immediately after payment is confirmed by Stripe — usually within a few seconds. From that point onwards the downloads and the widget are available. There is no delivery on a tangible medium.

6. Usage rights in the generated graphics

Upon full payment we grant you a simple, non-exclusive right of use in the graphics generated for your launch, unlimited in territory and time. In particular, you may:

• use these graphics on social networks, on your website, in newsletters, press releases and presentations,
• use them for commercial purposes for your own product,
• crop, scale and embed them in your own designs.

Not permitted are the resale or sub-licensing of the graphics as a standalone product, and their use for any launch other than the one paid for.

You are responsible for ensuring that the content you provide — in particular the product name, tagline, logo and the Product Hunt URL you specify — does not infringe any third-party rights. You indemnify us against third-party claims arising from a culpable breach of this obligation.

Product Hunt comments and ratings displayed in the widget are third-party content. You acquire no rights in them; they are merely displayed in the form in which they are publicly accessible on Product Hunt.

7. Availability

We strive for operation that is as uninterrupted as possible, but we do not owe any particular availability and give no availability guarantee (no SLA). Interruptions may arise in particular from maintenance, faults at our hosting provider, or circumstances outside our sphere of influence.

The widget's live sync depends on the availability and functioning of the Product Hunt interface, over which we have no influence. If Product Hunt changes, restricts or discontinues this interface, or denies access, the synchronisation of the values may cease in whole or in part. In that case the widget continues to display the values last retrieved successfully. Such an outage does not constitute a defect insofar as we are not responsible for it; it does not give rise to any claim for a refund.

Graphics already generated and downloaded are unaffected by disruptions to the widget. We expressly recommend downloading the purchased graphics after purchase and keeping your own backup.

8. Customer obligations

• The details provided at registration must be accurate and kept up to date.
• Access credentials must be kept confidential and must not be passed on to third parties.
• Only launches for which you are authorised may be created — in particular your own launches.
• The service must not be overloaded by automated means, circumvented, or used for unlawful purposes.

9. Liability

We are liable without limitation for damage arising from injury to life, body or health, in cases of intent and gross negligence, in the event of fraudulent concealment of a defect, to the extent of a guarantee assumed, and under the German Product Liability Act (Produkthaftungsgesetz).

In the event of slightly negligent breach of a material contractual obligation (cardinal obligation) — that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely — our liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract.

Otherwise, liability for slight negligence is excluded. Liability for lost profit, reach not achieved, sign-ups not achieved or other indirect consequential damage is excluded to the extent permitted by law.

The above limitations of liability also apply for the benefit of our legal representatives and vicarious agents. The statutory rights in respect of defects in digital products (Sections 327 et seq. BGB) remain unaffected.

10. Data backup

We carry out the backups customary in the context of hosting, but we do not owe you any data backup. You are yourself responsible for backing up the downloaded graphics.

11. Term, termination and deletion

The Launch Pass is a one-time service with no term; there is therefore nothing that would need to be terminated. You can close your user account at any time without notice period by sending us an informal message to hello@launchamp.eu. We will then delete your account and the associated launch data.

Please note: deletion also removes the data that feeds the embedded widget. The widget will then stop displaying. Graphics already downloaded may continue to be used regardless.

We are entitled to suspend or delete an account in the event of serious or repeated breaches of these Terms and Conditions or of applicable law. In such a case, amounts already paid will be refunded pro rata insofar as the service had not yet been rendered.

12. Changes to these Terms and Conditions

We may amend these Terms and Conditions with effect for the future where this is necessary because of a change in the legal situation, in case law, or in the scope of functionality. Purchases already concluded are always governed by the version in force at the time of purchase.

13. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in the EU, the mandatory consumer protection provisions of your country of residence remain unaffected.

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 contractual relationship is our place of business.

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

14. Severability

Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall take the place of the invalid provision.