Provider and scope of application
The provider of the hand lettering generator (hereinafter: “Generator”) is:
OMCC GmbH, Heublink 8, 22391 Hamburg, Germany (hereinafter: “Provider”).
The Terms of Use (hereinafter: “Terms”) are deemed to be accepted upon use of the generator. To improve the readability of legal texts, the generic masculine form is used in this document.
Contents
User licenses and scope of use
In connection with the use of the generator, the results created with it may be used in accordance with the following license terms. The provider offers the following licenses for the use of the generator:
Free use
No registration is required and no costs are incurred. Within the scope of free use, the scope of use is restricted with regard to fonts and features. The results may only be used for private purposes. Use for commercial purposes in particular is prohibited.
Lettering Generator Mini
Registration is required. There are no costs. The scope of use in terms of fonts and features is limited within the scope of free use. The results may only be used for private purposes. Use for commercial purposes in particular is prohibited.
Lettering Generator Plus
The user has access to all fonts and features. This requires registration for a fee. The results may only be used for private purposes.
Examples of permitted use: greeting cards, invitations, vouchers, wedding stationery, gifts.
Lettering Generator Business
The user has access to all fonts and features. A paid registration is required for this. The results may be used for professional and educational purposes. The designs may not be resold.
Examples of permitted use: presentations and lectures, signage, menus, flyers, teaching materials.
Lettering Generator Reseller
The user receives access to all fonts and features. Registration is required for this. The results may be used for professional and educational purposes. Created designs may be resold.
Examples of permitted use: sale of greeting cards, signs, certificates, logos, stamps.
Independent works
Changes to the fonts are generally not permitted. Resale of the fonts and graphics as such is prohibited. In particular, it is not permitted to sell the fonts and the results created from them as individual products, unless these represent an independent work or the fonts make up the actual value of the product. A sale is therefore only permitted if the fonts and graphics are integrated into independent products.
Prices
The currently valid costs and benefits of the various licenses can be viewed here.
Upgrade of old accounts
When upgrading existing accounts (before 2022) to commercial accounts, only the fonts, graphics and features listed in the current library of the license may be used. These can be viewed directly in the generator (under “Fonts” and “Symbols and images”).
Third party rights
The user guarantees to respect the rights of third parties, in particular third-party copyrights, rights to names, trademarks and personal rights.
The user shall indemnify the provider against all third-party claims arising from any unlawful use of the generator, including the reasonable costs of legal defense.
Excluded purposes of use
The use of the generator for illegal purposes is prohibited.
Availability
Due to certain circumstances (e.g. failure of the user’s Internet connection), it may happen that a font is not loaded or not loaded in full and is replaced by standard fonts instead. In this respect, the user is responsible for clarifying the necessary rights of use with regard to the standard fonts used; the provider cannot guarantee this.
Font sources and third-party licenses
In addition to self-designed fonts (referred to as “unlicensed” in the description), third-party fonts in particular are used. In this case, the corresponding third-party license terms apply (hereinafter: third-party licenses), in detail:
- Google Fonts with the Apache 2.0 license (https://www.apache.org/licenses/LICENSE-2.0.html)
- Google Fonts with the Open Font License (https://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL)
- FontSpring Fonts, for the scope of the license see https://www.fontspring.com/lic/mzxzhmayhl
- FontSquirrel Fonts with the Open Font License
- Creatype Studio Fonts with the Server License (https://creatypestudio.co/license/)
Reference is made to the applicable third-party licenses in the description of the respective font. The provider expressly points out that the third-party licenses may stipulate that a reference to the third-party license and the applicable license terms must be made when using the fonts, for example by means of a link reference.
If a usage license of the provider conflicts with a third-party license, the provisions of the third-party license shall take precedence with regard to the conflicting clauses.
Liability
The provider does not guarantee uninterrupted availability of the generator.
In particular, technical disruptions, e.g. to Internet traffic or the provider server, may result in temporary unavailability.
The provider shall only be liable for the breach of obligations that are not directly related to essential contractual obligations (i.e. obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely) in the event of intent and gross negligence.
Insofar as the provider is also liable for negligence in the event of a breach of material contractual obligations, the liability for damages shall be limited to the foreseeable, typically occurring damage.
The provider is also liable for damages resulting from injury to life, body or health. Otherwise, liability for simple negligence is excluded.
Final provisions
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of the conflict of laws rules.
The invalidity of one or more provisions shall not affect the validity of the remaining provisions.