Effective 08.02.2026

Using Huebert Means Accepting These Terms

These Terms of Service (the "Terms"), in conjunction with our Privacy Policy and Imprint, constitute the entire Agreement between Florian Haase ("we", "us", or "our") and you ("you", "your" or the "User") regarding your access to and use of the huebert.io website, the Huebert web application, and/or the Huebert services (collectively, the "Service").

By using the Service, you acknowledge that you have read and agreed to these Terms, so please read them carefully. We may update these Terms from time to time. Unless otherwise required by law, we will notify you before making such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service. If you do not agree to our updated Terms, you can delete your account at any time.

Contract Formation

Scope of Application

These Terms govern the provision of the Service by us to you. For paid plans purchased through our checkout, the payment transaction is processed by Creem.io as merchant of record as described below.

Merchant of Record for Paid Plans

If you purchase a paid plan through our checkout, the transaction is processed by Creem.io acting as merchant of record. In that case, the purchase contract (including billing, invoicing, taxes, refunds and chargebacks) is concluded between you and Creem. These Terms continue to govern your use of the Service.

Consumer vs. Business Customer

• Consumer: Any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.
• Business Customer: A natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

Offer and Acceptance

The services described on our website do not represent binding offers on our part, but serve to make a binding offer by you.

For paid plans purchased via Creem, you submit your offer through the checkout provided by Creem. The conclusion of the purchase contract, payment processing, and contract documents are governed by Creem’s checkout flow and buyer terms.

Contract Text Storage

If you purchase a paid plan via Creem, the contract text and transaction documents are provided by Creem. Order-related information shown in the Service is provided for convenience and does not replace the contract documents issued by Creem.

Error Correction

Before you submit your order via our online order form, you can recognize possible input errors by carefully reading the information displayed on the screen. You can correct your entries in the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.

Language

The contract is concluded in English language.

Order Processing

Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address.

Service Description

Service Provision

We provide you with software in digital form via the Internet for the duration of the agreed contract period. To this end, we enable you to access the software that remains on our server. The scope of functions and technical specifications of the software are described in more detail in the service description on our website. We are only obliged to provide the software with the functionalities defined in more detail in the service description. In particular, we are not obliged to establish and maintain the data connection between your IT system and our server.

Software Updates

We may update the software at irregular intervals. During the contract term, we will provide updates that are necessary to maintain the contractual conformity of the Service, including security updates, and we will inform you about such updates as required. You are responsible for installing updates where this is necessary for using the Service on your side (e.g., browser updates).

Storage Space

We provide you with limited storage space on our servers for using the software. The scope of the storage space is described in more detail in the service description on our website.

Service Availability

Our services are offered subject to availability. 100% availability is technically not realizable and therefore cannot be guaranteed to you by us. However, we strive to keep the service as constantly available as possible. In particular, maintenance, security, or capacity concerns as well as events that are not within our sphere of influence (disruptions to public communication networks, power failures, etc.) can lead to disruptions or temporary shutdown of the service.

Data Security

We take appropriate measures for data backup according to the state of the art. However, we are not subject to any custody or custody obligation. You are responsible for adequate data backup yourself.

Right of Withdrawal

Withdrawal Right for Consumers

If you are a consumer, you have a right of withdrawal in accordance with the following provisions:

Withdrawal Period

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

If you purchase a paid plan via Creem as merchant of record, you must exercise your right of withdrawal towards Creem:

Armitage Labs OÜ (Creem.io)
Telliskivi Street 57b/1
Tallinn 10412
Estonia

support@creem.io

If you conclude a contract directly with us, you must inform us (Florian Haase, info@huebert.io) of your decision to withdraw from this contract by an unequivocal statement (e.g., email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from a paid plan purchase contract concluded with Creem as merchant of record, Creem will reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which Creem is informed about your decision to withdraw. If you withdraw from a contract concluded directly with us, we will reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw.

The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you expressly requested that the performance of a service begins before the end of the withdrawal period (for example by ticking a corresponding checkbox before checkout) and you withdraw, you may owe proportionate value compensation (Wertersatz) for the part of the service provided up to the time you notify the withdrawal, based on the total price, as permitted by law (§ 357a Abs. 2 BGB). For ongoing subscriptions, this is typically calculated pro rata for the period up to the withdrawal.

Loss of Withdrawal Right

If the contract is a service contract and the service has been fully performed, your right of withdrawal expires only if performance has begun after you have expressly consented that performance begins before the end of the withdrawal period and you have acknowledged that you lose your right of withdrawal upon full performance (§ 356 Abs. 4 BGB).

Model Withdrawal Form

If you wish to withdraw from the contract, please complete and return this form:

To: Armitage Labs OÜ (Creem.io), support@creem.io, Telliskivi Street 57b/1, Tallinn 10412, Estonia

I/We () hereby give notice that I/We () withdraw from my/our (_) contract for the provision of the following digital service (*),

Purchased on (_),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.

Communications

You acknowledge and agree that we may send you emails related to your account and/or the Service.

Usage Rights

Grant of Usage Rights by Provider

We are the owner of all usage rights required to provide the Service. Unless otherwise specified in the service description on our website, we grant you a non-exclusive, non-transferable, time-limited right to use the Service for private and business purposes within the scope of these Terms. Any use of the Service beyond this scope is not permitted.

Grant of Usage Rights by Customer

We are entitled to use content and information that you provide to us within the scope of your contractual obligations for the Service and whose processing is necessary for proper service provision. You grant us free of charge, non-exclusively and limited to the duration of the contract the usage rights required for this purpose, in particular the right to permanent provision and storage, the right to reproduce and the right to process, and warrant that you are entitled to grant these usage rights.

Intellectual Property

We claim no intellectual property rights over the color palettes you generate using the Service.

You acknowledge and agree that we own all right, title, and interest in and to the Service, including without limitation all intellectual property rights. You agree that you will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.

Use License

Huebert offers both a free service option with a limited set of features and paid license options that provide access to an extended set of features.

License Grant

Upon purchasing a license, Users are granted a non-exclusive, non-transferable, and time-limited right to use Huebert's extended features. License durations vary depending on the purchased plan.

Accounts, Passwords, and Security

You can use the Service without registering. As an anonymous user, your generated color palettes will not be saved.

You can create a user account to save and manage your color palettes. You are responsible for maintaining the security of your account, and you are solely and strictly liable for any activity that occurs under your username. You also agree not to access, or attempt to access, other Users' accounts and/or data.

When you delete any of your data in the Service or if you request deletion of your user account by contacting us at info@huebert.io, your data will be flagged for removal and will be deleted from our systems within 30 days, and from backups within 90 days.

Customer Obligations

Technical Requirements

You are responsible for ensuring that the hardware and software you use, including workstations, routers, data communication devices, etc., meets the minimum technical requirements for using the currently offered Service version.

Access Data Protection

You are obliged to protect and keep the access data provided to you from third-party access according to the state of the art. You ensure that use only takes place within the contractually agreed scope. Unauthorized access by third parties must be reported to us immediately.

Content Restrictions

You may not store any data on the storage space provided that violates applicable law, official requirements or orders, third-party rights, or agreements with third parties.

Data Protection Compliance

The content you store on the storage space allocated to you may be protected by data protection law. You are responsible for checking whether your use of personal data meets data protection requirements.

Data Backup

You are responsible for regularly taking appropriate data backups.

Security Measures

You are obliged to check your data and information for viruses or other harmful components before entering them and to use appropriate measures (e.g., virus protection programs) that correspond to the state of the art.

System Integrity

You must ensure that programs, scripts, etc. installed by you do not endanger the operation of our server or communication network or the security and integrity of other data stored on our servers.

Enforcement Measures

If programs, scripts, etc. installed by you endanger or impair the operation of our server or communication network or the security and integrity of other data stored on our servers, we may deactivate or uninstall these programs, scripts, etc. If the elimination of the danger or impairment requires this, we are also entitled to interrupt the connection of the content stored on the server to the Internet. We will inform you about this measure immediately.

User Conduct and Responsibilities

Users are granted the freedom to utilize the Service in a manner they deem suitable, subject to the adherence to laws and regulations. However, the following actions are explicitly prohibited:

• Engaging in any illegal activity using the Service.
• Using the Service to generate, share, or distribute content that is offensive, hateful, or discriminatory in nature.
• Attempting to abuse or overload the Service through automated requests or excessive usage patterns.

Use of External AI Services

The Service integrates with Google Gemini for natural language color palette generation. When you use this feature, your prompts are processed by Google Gemini according to Google's terms of service and privacy policy. You are solely responsible for ensuring that any prompts you submit comply with applicable laws and Google's usage policies.

Responsibilities

• Users are solely responsible for the content of their natural language prompts and any resulting color palettes.
• Users must ensure their use of the Service complies with all applicable laws and regulations.

Liabilities

• We are not liable for any color palettes generated based on your prompts or any use you make of generated color palettes.
• While we strive to provide accurate color generation, the interpretation of natural language prompts is automated and may not always match your expectations.

We reserve the right to suspend or terminate the accounts of Users who violate these guidelines and to remove any prohibited content without notice. By using the Service, you acknowledge and agree to these terms, committing to uphold the standards of conduct outlined herein to ensure a positive and respectful environment for all users of the Service.

Content Moderation and Restrictions

General Principles

We are generally not obliged to proactively check the content uploaded by customers for their legality or compatibility with third-party rights or these Terms. However, we reserve the right to check customer content for legality on a case-by-case basis on our own initiative and to take measures in accordance with the following provisions in the event of violations.

Reporting Mechanism

Customers and affected third parties can report allegedly illegal content to us using the contact information in our imprint (e.g., by email). We are free to forward the content of a report to the customer who uploaded the reported content. The identity of the reporting person will only be disclosed to the customer if this is absolutely necessary.

Content Review Process

In the case of reports and within the framework of reviews carried out on our own initiative, human content control is generally carried out. In individual cases, automated technical review procedures can be used as a supplement.

Enforcement Measures

If the illegality of content published by a customer is determined on the basis of a report or within the framework of a review on our own initiative, we are entitled to take one or more of the following measures at our reasonable discretion, even without prior notice or contact:

• Warning the publishing customer
• Temporary blocking or permanent deletion of the affected content
• Temporary or permanent suspension of contractually assumed obligations
• Termination of the contractual relationship (ordinary or extraordinary for important reasons)

Proportionality Considerations

When choosing the measures to be taken, we will consider the principles of proportionality and weigh the interests of the affected customer against our own interests in the unimpeded, trouble-free and integral continuation of our business activities. Criteria that are considered when imposing a measure include:

• The statement and meaning content of the specific content and its potential for injury or danger
• The frequency of publication of inadmissible content by the customer
• The ratio of publication of inadmissible content by the customer to their other service usage
• If recognizable, the intentions pursued by the customer with the publication of inadmissible content
• If recognizable, the existence and degree of fault of the publishing customer

Abuse Prevention

If customers frequently submit obviously unfounded reports or complaints, we will suspend the processing of reports and complaints from these customers after prior warning for an appropriate period of time.

Payment Terms

For Customers Using Free Plans

We do not require a payment method when using our free offering.

For Customers on Subscription Plans

Monthly subscriptions will automatically renew at the end of each billing period until explicitly cancelled by the User.

Subscription Cancellation vs. Account Termination

Subscription Cancellation:

• Stops future billing and automatic renewal
• You retain access to premium features until the end of your current billing period
• Your account remains active with free tier access
• Can be done via the Service or by contacting us

Account Termination:

• Completely closes your account and ends all services
• Immediate loss of access to all features and data
• Permanent deletion of your account and stored data
• Must be done via the termination methods described below

Withdrawal Right and Refunds

As a consumer, you have a 14-day withdrawal right from the conclusion of the contract. If you request that we begin providing the Service during the withdrawal period and you withdraw, we may charge you a proportionate amount for the part of the Service provided up to the time of your withdrawal, where legally permitted.

Refunds and withdrawal handling are carried out in accordance with the applicable consumer protection laws. This applies in particular to ongoing subscriptions, where the right of withdrawal does not generally expire merely because the Service is used during the withdrawal period.

Payment Processing

We use Creem.io to handle payments, subscriptions, invoicing, and taxes. Creem.io acts as a merchant of record for these transactions. The payment methods available to you are shown at checkout. Creem.io may involve payment method providers, which may have their own terms.

We do not store your full payment method details on our servers. Payment and billing processing is performed by Creem.io and payment method providers under their respective terms and privacy notices.

Tax Information

Unless otherwise specified, prices are shown as displayed at checkout. Depending on your location and applicable law, taxes (such as VAT) may be added and will be shown before you complete the purchase. Invoices and receipts for purchases are issued by Creem.io as merchant of record.

Service Availability and Limitations

We are committed to ensuring that the Service is available to you with maximum reliability. While we strive to maintain good uptime, we do not guarantee continuous availability and are not liable for service interruptions.

Updates to the Service may result in brief downtime. These updates are scheduled to minimize impact on Users.

Warranty and Defect Liability

Consumer Rights

If you act as a consumer, the provisions of statutory warranty apply.

Business Customer Rights

If you act as a business customer, the provisions of statutory warranty apply with consideration of the following limitations:

Defect Reporting

You must report any defects, disruptions, or damage to us immediately.

Warranty Limitations

Warranty for only insignificant reductions in the suitability of the service is excluded.

Pre-existing Defects

Liability independent of fault pursuant to § 536a para. 1 BGB for defects that already existed at the time of conclusion of the contract is excluded.

Termination Rights

Termination by you due to non-granting of contractually compliant use is only permissible if we have been given sufficient opportunity to remedy the defect and this has failed. A failure to remedy the defect is only to be assumed if this is impossible, if it is refused by us or delayed in an unreasonable manner, if there are justified doubts about the prospects of success, or if there are other reasons for unreasonableness for you.

Liability

General Liability Framework

We are liable for all contractual, quasi-contractual, and statutory, including tortious claims for damages and expense reimbursement as follows:

Unlimited Liability

We are liable without limitation from any legal basis:

• In case of intent or gross negligence
• In case of intentional or negligent injury to life, body, or health
• Based on a guarantee promise, insofar as nothing else is regulated in this regard
• Based on mandatory liability such as under the Product Liability Act

Limited Liability for Essential Contractual Obligations

If we negligently violate an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies according to the above provision. Essential contractual obligations are obligations that the contract imposes on us according to its content to achieve the contract purpose, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you can regularly rely.

General Liability Exclusion

Otherwise, liability on our part is excluded.

Vicarious Agents

The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.

Indemnification

If you are a business customer, you indemnify us from all claims that other customers or other third parties assert against us due to violation of their rights based on content uploaded by you or due to your other use. You also assume the necessary costs of legal defense, including all court and attorney costs in the statutory amount. This does not apply if you are not responsible for the legal violation. You are obliged to provide us with all information that is necessary for examining the claims and for defense immediately, truthfully, and completely in the event of claims by third parties.

Service Availability

We do not guarantee uninterrupted availability of the Service. For consumers, statutory rights remain unaffected. For business customers, the Service is provided subject to technical availability and within the limits set out in these Terms.

Damage Limitations (Business Customers)

If you are a business customer and unlimited liability does not apply under the above provisions, our total liability for all claims arising out of or relating to the Service is limited to the amount you have paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

Data Processing and Storage

Our servers are located in Germany (Hetzner). By using the Service, you agree that your data may be processed and stored on these servers.

Details about what personal data we collect and how we process it are described in our Privacy Policy.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You are responsible for compliance with any applicable local laws in your jurisdiction.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Germany, excluding its conflict-of-law rules. If you are a consumer with habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected.

Jurisdiction

If you are a consumer, the statutory rules on jurisdiction apply. If you are a business customer, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office, insofar as legally permissible.

Statute of Limitations

If you are a consumer, statutory limitation periods apply. If you are a business customer, claims arising from this contractual relationship become time-barred one (1) year after the statutory commencement of the limitation period, except for claims based on intent, gross negligence, injury to life, body or health, mandatory statutory liability, and claims arising from guarantees.

Users with questions about this Agreement or the Privacy Policy may contact us at info@huebert.io.

Contract Duration and Termination

Contract Duration

The contract is concluded for an indefinite period and can be terminated by you at any time without observing a notice period and by us with a notice period of 14 days.

Extraordinary Termination

The right to extraordinary termination for important reasons remains unaffected. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the mutual interests.

Account Termination Methods

Account terminations (complete account closure) can be made in the following ways:

Primary Method - Electronic Termination:

• Via the termination button provided on our website (recommended method)
• This electronic termination process requires two clicks and provides immediate confirmation

Alternative Method - Email Termination:

• By sending an email to info@huebert.io with the subject "Account Termination"
• Include your account email address and confirmation of termination request
• We will process email terminations within 5 business days

Note: For technical and administrative reasons, we strongly recommend using the electronic termination button as it provides immediate processing and confirmation.

Effects of Termination

With the termination of the contract, you lose access to your user account. Furthermore, with the termination of the contract, our obligation to store your uploaded data also expires.

Confidentiality

We undertake to maintain confidentiality about all confidential information that we become aware of in connection with this contract and its execution and not to disclose it to third parties. Confidential information is information that is marked as confidential or whose confidentiality is evident from the circumstances, regardless of whether it has been communicated in written, electronic, embodied, or oral form. The confidentiality obligation does not apply insofar as we are legally obliged to disclose the confidential information or are obliged to do so due to existing or legally binding official or court decisions.

Terms Modification

General Right to Modify

We may update these Terms from time to time. Changes become effective only after you have been informed and have agreed to them, for example by explicitly accepting the updated Terms in the Service. If a change is required by applicable law and must take effect without delay, we may implement it upon notice.

If you do not agree to updated Terms, you can stop using the Service and terminate paid subscriptions in accordance with these Terms. Statutory rights remain unaffected.

Alternative Dispute Resolution

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

Right to Terminate

We may suspend or terminate your right to use our Service and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and us relating to your access to and use of the Service. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by us and shall be void. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You may assign claims arising from these Terms to third parties. We may assign our rights and obligations under these Terms in whole or in part to an affiliate or in connection with a merger, acquisition, corporate restructuring, or sale of assets. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.