Terms of use

1. Provider and scope

The provider of the desktop application smabar (“smabar”) is Gérôme Dexheimer, Wiener Straße 74, 48145 Münster, Germany, email [email protected]. Further details are in the imprint at https://smabar.com/imprint/.

smabar is provided free of charge and without any consideration in return. These terms govern the use of smabar, the Community Store and application updates, whether smabar was installed as a DEB, RPM or Windows package or from the Microsoft Store. The rights to the software are governed by the PolyForm Shield License 1.0.0 (https://polyformproject.org/licenses/shield/1.0.0), which ships with smabar and can be read in the app under “Legal”. Where the license and these terms conflict, the license prevails for the rights of use.

By confirming at first start you accept the license and these terms. Without that confirmation smabar quits and cannot be used. You can end the use at any time by uninstalling smabar.

2. Community plugins and themes

The Community Store lists plugins and themes that third parties have published publicly on GitHub. They are not a service of the provider and live outside smabar. The provider does not review, curate or host them; the catalog reproduces source, version, description and requirements as their authors declared them. The catalog signature proves only that the catalog comes from the provider, not that an entry is free of defects, safe or lawful.

A plugin runs as its own process with your user rights and without a sandbox. It can read, change and delete files, open its own network connections and start other programs. Read the source before you install a plugin, and install only what you understand and whose author you trust. Installation is at your own responsibility. The person who published a plugin or theme is responsible for it, for its license and for its data processing.

The provider may block catalog entries when it becomes aware of a violation or a danger; a blocked version is deactivated in smabar and the local code is kept. There is no obligation to review or to block. There is no entitlement to the availability of the catalog or of any entry; the provider may change or discontinue the Community Store at any time.

3. Updates

Direct installations (DEB, RPM, Windows installer) check regularly whether a newer version exists and show it. An update is installed only when you trigger it; smabar installs only packages whose signature matches the provider’s key embedded in smabar. For an installation from the Microsoft Store, the Store handles updates. The data transferred in the process is described in the privacy notice for the desktop app at https://smabar.com/app-privacy/. There is no entitlement to updates, bug fixes, support or the continued development of smabar.

4. Liability

smabar is provided free of charge. The provider is liable without limitation for intent and gross negligence and for damage from injury to life, body or health. Beyond that, liability follows the statutory rules for gratuitous provision (§§ 521, 523, 524 German Civil Code, BGB); under these rules there is no liability for slight negligence. Where liability for slight negligence cannot be excluded by law, it is limited to the typical, foreseeable damage.

For defects the provider is liable only if it fraudulently concealed a defect (§ 524 BGB). No assurance is given of particular properties, freedom from defects, fitness for a particular purpose or uninterrupted availability.

The provider is not liable for third-party plugins and themes; they are not part of this provision. Claims are to be directed at the person who published the plugin or theme.

Back up your data regularly. In the event of data loss the provider is liable, within the limits of the preceding paragraphs, only for the effort that would have been needed to restore the data had it been backed up properly.

Claims under product liability law remain unaffected.

5. Changes

The provider may change these terms, for example for new features or a changed legal situation. smabar shows a new version at the next start; it has to be accepted again before smabar can be used further. The date at the top names the version in force. Whoever does not accept the new version stops using smabar and may uninstall it. Local data stays on your computer.

6. Final provisions