General Terms and Conditions
1. AREA OF APPLICATION FOR TERMS AND CONDITIONS
The company appful GmbH (hereinafter appful), Managing Director Oskar Neumann and Jürgen Ulbrich, are transforming
the web sites for creative and companies in a customizable app and are maintaining their own internet page under the
The app is connecting the customer with social media channels or content management systems with provided contents.
For the including but not excluding reasoned business relations with the customer on this internet page, shall be
subject to the following terms and conditions. With order placement the buyer recognizes these conditions. Different
regulations apply only if they were agreed between appful and the buyer.
Customers in the sense of these general terms and conditions are both consumers (B2C) as well as businesses (B2B).
In the sense of the Terms and Conditions, customer is every natural person, with the business relationship and for a purpose that is neither commercial nor that can be added to their independent vocational activity.
Entrepreneur is any natural or legal person or a legal partnership, with the business relationship and in the exercise of a commercial or self-employed professional activity.
2. OFFER, ACCEPTANCE AND CONTRACT ON THE INTERNET PAGE
On the internet site listed services do not constitute binding offers to appful; rather it is the invitation to the customer to a binding offer by submitting a purchase order.
If a customer has ordered an app, appful will check the order and check the apps in the App Store and submit this process immediately for confirmation by email. By this confirmation the offer is accepted to conclude a contract.
The offered agency services include the modification of the system. If the customer has terminated the license, he has no further claim to the agency performance.
3. PRICES, PAYMENT
All prices are net prices in euros and do not include the currently valid legal value added tax. The current prices are visible on the internet page of appful under appful.io/pricing/.
The payment is always in advance. A monthly payment can be individually agreed.
International transfers must be made free of charge for appful.
4. DELIVERY AND DELIVERY TIME
The app will be published by appful via the App/Play Store during the license period. A provision on the account of the customer is only possible after approval by appful. The customer has no right to the source code.
The app servers required interfaces will be made ready by appful during the license period.
Any services beyond this will depend on the selected package / from the offer that was sent by appful and the order process will be listed.
Compliance with the delivery obligation requires the timely and proper fulfillment of the obligation of the customer in advance. The defense of non-performance of the contract shall remain reserved.
If the customer is in default of acceptance or should it violate other obligations to cooperate, appful is entitled to demand him in so far as any damages, including any additional expenses. Further claims remain reserved.
The non-observance of delivery dates or the impossibility of the delivery of the App entitles the customer to withdraw from the contract after fruitless expiry of a reasonable period of grace.
If the non-compliance with a performance period is based on force majeure, natural disasters, industrial action, unforeseeable obstacles or other of appful not to circumstances attributable to the delivery time, the delivery time period shall be extended appropriately. If the delivery of the performance is also not possible in this period, then the customer is entitled to withdraw from the contract. Further rights of the customer will not be considered in this case, unless the late delivery or non-delivery is based on intent or gross negligence on the part of appful.
Partial deliveries are allowed, unless they are reasonable to the client.
5. GRANT OF LICENSE
Appful shall grant the customer with the purchase of the app to the non-exclusive and spatially unlimited and temporally limited right in accordance with paragraph 4.1, on the app using telecommunications connections (via the Internet) and using a browser to access the functionalities associated with the app to use in accordance with these terms and conditions (license). The customer doesn’t receive addition to extensive rights.
The customer is not entitled to the app via the in accordance with the provisions of these general terms and conditions permitted use, to use or use by third parties; in particular the client is not allowed to reproduce the app or parts thereof, to dispose of or time-limited to third parties, especially not to rent out or in any other way to grant rights to this that you wired or wireless public, to play or to make it accessible to third parties or in return for payment or free of charge. The above applies in the case of not expressly and in writing in the other agreement that has been made between appful and the customer.
The customer is not entitled to advertising or other commercial content within its app to switch if it’s not a package which has acquired and expressly permitted the circuit of such content.
A relocation of the app after the end of the license contract is calculated with 500 € net.
6. VALIDITY OF THE LICENSE, TERMINATION
The license referred to in paragraph 5 shall be either 6 or 12 months. The period begins with the date of conclusion of the contract.
If the license is terminated not later than 4 weeks before the end of the respective license period, it extends the term of license automatically for the previously agreed period.
The termination can also be done via email. A notice is to be sent to firstname.lastname@example.org.
If the contract is terminated, the app is removed and also doesn’t work on existing devices.
If the customer breaches these Terms and Conditions, or against legal regulations in accordance with point 7, appful claims to remove the right of access to the app from the App Store or to lock up further use by the customer.
The right to extraordinary termination for an important reason remains unaffected.
The warranty conditions for the purchased app are set in accordance with the following provisions.
Programming errors are corrected immediately by appful. If you notice a programming error, please notify us of the under the email address: email@example.com.
No warranty exists in the case of damage caused by improper use or handling of the app.
In the case of defects of the delivered item the client has always initially only a right of subsequent fulfillment in accordance with the statutory regulations.
Without the express consent of appful, the customer is not entitled to eliminate a present shortage directly themselves or have them remedied through third parties (self-made), if a required period for subsequent fulfilment has not been previously set by appful. In so far as incurred costs of the removal of defects shall not be reimbursed.
If the supplementary performance has failed, the customer is entitled to reduce the remuneration (reduction), the Treaty Undo (cancellation), claims for damages or reimbursement of expenses disbursed in vain desire, after its choice in accordance with the statutory regulations. If the customer chooses compensation for damages shall be subject to the limitations on liability provided for in paragraph 7 of these terms and conditions.
8. LIABILITY PROVISIONS
Intermittent faults or interruptions in the deployment of the app, for reasons of force majeure, including strikes, lock outs and by order of the government or due to other measures. appful shall not be liable for a 100% availability of the service. It is also entitled to appful its contractual services temporarily cease entirely or partly, to the extent necessary and required for a proper deployment of the app. appful will make all reasonable efforts will to eliminate, remove or avoid disturbances as soon as possible. If the appful is attributable to fault or interruption that lasts longer than 24 hours, the customer is totally authorized in the case of cash in advance or for the pro-rata reduction of the monthly price.
According to the legal provisions appful shall be liable in full for damages from the injury of life, body or health which is based on an intentional or negligent breach of duty as well as for any other damage that are based on an intentional or grossly negligent breach of duty or malice. In addition, appful shall be liable for the damages which the mandatory liability in accordance with statutory regulations without limitation, such as the product liability law, as well as in the case of the adoption of guarantees.
For such damage which is not covered by paragraph 7.1 and through simple or slight negligence caused, appful is liable, provided that such negligence the violation of contractual duties, the fulfillment of which the proper application of the Treaty is at all possible and can always trust on their compliance with the customer (so-called cardinal obligations). This limits the liability of appful on the contract-typical and foreseeable damage.
In the case of detection of slightly negligent violations of contractual obligations that are recognized neither of paragraph 7.1 or 7.2 (so-called minor contractual obligations) appful is liable to consumers - this is limited to the contract-typical, foreseeable damage.
A further liability is excluded.
9. DECLARATION REGARDING THE CONTENT OF THE WEBSITE OF THE CUSTOMER, LEGAL CONSEQUENCES IN THE CASE OF FALSE
DECLARATION: TERMINATION AND DAMAGES
The customer commits himself to a declaration regarding the contents of its website.
The customer agrees with this declaration binding, whether the contents of its website may be prescribed against the google play-program guidelines for developers and the App Store Review Guidelines of iTunes and other directives mentioned therein. This means that the customer declares that its site and therefore lastly die application contents, such as in particular any sexual and otherwise child about harmful representations, statements and other materials, insults, untrue statements of fact, other defamatory statements and representations that glorify violence and war representations and statements, discriminatory statements and representations in relation to the ethnic origin, religion, disability, gender, age, gender identity, sexual orientation or other defamation claims of third parties, the depseudonymization deanonymization and from other users, the otherwise unauthorized disclosure of personal data, the infringement of third-party protective rights (including copyrights, trademarks, trademark and patent rights, competition rights, personality rights).
Should the customer declare that its website may contain such content and thus possibly go against the aforementioned directive or should appful receive such a notice from Google or Apple, so that the customer cannot use the application in accordance with this contract, the customer can either adjust the application to comply with the guidelines or submit another app instead.
Should the customer declare that the content is not contrary to the above-mentioned directives with regard to the contents of its website and appful receives information to the contrary of this declaration of such a breach in any form of knowledge, appful is entitled to terminate this contract exceptionally and with immediate effect and to remove the relevant application from the App Stores.
In addition, the customer is obliged to any breach of duty resulting from this damage, in particular of the possible
closure of the developer accounts of appful, appful to replace resulting damage.
10. CUSTOMER LIABILITY FOR THE CONTENT, EXEMPTION
Regardless of the declaration referred to in paragraph 8 the customer shall be liable for the entire contents of the website related to its application.
The customer provides appful from all claims that third party claims due to the infringement of their rights on the basis of the contents of the application to appful.
The customer takes over in the case of the point 8.2 is also the necessary costs of legal defense (fees and court costs) of appful.
The customer undertakes in accordance to inform and to provide all facts for the examination of claims for defense additionally to appful in the case of a claim by third parties without delay.
11. DATA STORAGE
Appful uses the inventory data of the customer exclusively for the completion of the order. All customer data will be stored and processed in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The customer has the right at any time to free information, correction, blocking and deletion of his stored data.
12. FINAL PROVISIONS
It is the law of the Federal Republic of Germany.
For consumers that the treaty is not to professional or commercial purposes, this choice of law only in so far as the protection granted by mandatory provisions of the law of the State in which the consumer has withdrawn his habitual residence.
If the customer is a merchant in the sense of the HGB, a legal person under public law or a public law special fund, the court of jurisdiction is the place of business of appful in Mainz, Germany. Appful is also entitled to the buyer at his place of residence court of justice.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN sales law) shall not apply.
Amendments or additions to this contract require written form. This also applies to the amendment or waiver of this clause.
If a provision of this contract is not effective, these touching the other provisions will not be legally effective. The same applies in the case of a contractual loophole.
Latest Update: 04.04.2016