Terms of Service

Please note: Subject to the terms and conditions set forth herein, any use of this website and all legal disputes arising in connection therewith shall exclusively be governed by German law.

The automatically translated english version of the Terms and Conditions found below is provided for convenience only. Legally binding is the German version of the Terms and Conditions (Allgemeine Geschäftsbedingungen AGB) that can be found here.

1. AppYourself

AppYourself is an online service (on platform) to create mobile applications (“apps”) as well as websites that are optimized for use with mobile devices. AppYourself (appit.website) a service of the “AppYourself GmbH”. AppYourself offers a basic service to create a mobile Web (Web App) with the help of a configurator, which is available on the online platform for self service. In addition, AppYourself to premium modules that can be added for a monthly fee. Under a fee-based premium package can also be a native app with the same content created and submitted to the App Store is the appropriate provider (native app). AppYourself is the provision of additional services and expand steadily modules and adapt current developments. The exact scope of the offers is governed by § 7 of these Terms. All offers and these Terms are aimed at entrepreneurs in the sense of § 14 BGB.

2. Scope

These terms and conditions govern the use of the online platform and the use of the services offered on the online platform and modules by properly registered participants.

3. Amendment of Terms

AppYourself reserves the right to update these Terms from time to time. AppYourself will inform its customers about the change in each unit and provide the amended terms to download. Use of the online platform and in particular of services and modules is then determined by the modified Terms and Conditions. Apps or websites that were created on the online platform earlier can still be used in their creation to the applicable terms and conditions until the parties agree to a modification of the terms of use for these apps.

4. Registration, Account Responsibility

  1. Use of the online platform requires a login with setting up an account. An account can set exclusively unrestrictedly competent natural persons, partnerships and legal persons. A claim for acceptance of entry does not exist.
  2. You can personally the online platform to use by its institutions or employees. Use by “bots”, programs, or is otherwise not permitted in an automated manner.
  3. When registering you must supply your full, real name or registered business name and a valid e-mail address. You must have permission to use this e-mail. You must ensure that you reach through this e-mail.
  4. You must dispose of your data (especially contacts) to keep up to date and AppYourself immediately about changes.
  5. You are responsible for ensuring that the account is made available to any third party and that the username and password are protected against access by third parties.
  6. For all activities that occur under your username and password, as you are responsible for their own actions. This does not apply if you are not responsible for the misuse, in particular username and password are protected against access by third parties.
  7. You are obliged to inform AppYourself immediately if there has been a misuse of his password or account or you know or suspect that third parties have gained knowledge of his password or account.

5. Responsibility for the content and interdiction of illegal use

  1. Each customer is responsible to intervene by the name of the account, the mobile sites, apps, etc. are not in the rights of third parties, in particular name, work title or trademark or other intellectual property rights.
  2. The content of such websites and mobile apps are exclusively the customer is responsible.
  3. Any use of the online platform for illegal purposes is prohibited. With each use, the applicable law, in particular copyright, competition law, privacy law, criminal law etc. Note. Any breach may entitle you to cancellation. It is not permitted to hire or use content that is obscene, abusive, libelous, violent, violent, racist, xenophobic, pornographic or sexually explicit or may be understood.
  4. You will not post any content that is not obviously needed to create an app, or use another service offered or considered necessary.
  5. It is strictly forbidden to load viruses, worms or other malicious code too high on the online platform or to send via e-mail.

6. Exemption from claims of third parties

  1. You are required to AppYourself indemnify harmless from all claims which a third party claim resulting from your use of the online platform, its services, particularly in connection with web apps and native apps for breach of copyright, trademark, other intellectual property rights or other rights.
  2. AppYourself will inform you immediately when such claims are made and provide you all necessary information.
  3. If third parties assert claims against AppYourself because of alleged violations, AppYourself is entitled to delete the contents corresponding to the final resolution of the claims made in particular to prevent their accessibility on the Internet.

7. Contract, services of AppYourself

  1. With the establishment of the account, you earn the right to free services (basic module) by AppYourself during the term of use.
  2. Part of the base module, the ability to create a web app is. A Web is a Web version of a native app or a mobile website. The web app is based on Internet standards like HTML, CSS, etc. and is accessed through the browser. It is optimized for use in mobile devices. Special features of mobile devices (GPS camera, etc.) can not be used. The mobile apps will be stored on a website AppYourself.
  3. In addition, you can the paid services of the online platform, such as the creation of native apps that take advantage of.
  4. A native app is based on the web app for the selected mobile app stores (Apple App Store, Google Play, Blackberry App Store, etc.) created by AppYourself and filed under the brand AppYourself. Native apps can also function devices (GPS, camera, etc.) use. The decision, moreover, taking the native app in the App Store is the operator of the App Store takes full responsibility. This decision has no impact AppYourself. By submitting to each subject’s native App Store app for this Webstore to the applicable conditions. These can be viewed at the respective app store.
  5. Web app native app, and other services will be transferred only in the executable code or documents. You are not entitled to restitution of source code, design, material or other information.
  6. The exact scope of each offer is detailed on the online platform. AppYourself may extend the offers on the online platform limit at any time. You have no right to have certain benefits in the future on the online platform available. Do you have ordered during the contract duration. AppYourself is entitled to terminate individual services taking into account the notice periods provided for in § 9.

8. Use rights, release of native apps

  1. You acquire with creating the web app or native app, or use the other services the right to use these services during the contract period. With the end of the contract will be granted rights under this Agreement.
  2. The right to use the set of content that you remain with you. AppYourself is entitled to publish web apps, native apps and other content under the contract on its website and in the respective app stores in its own name. To receive AppYourself non-exclusive, transferable, spatially unrestricted rights to use the content for the duration of the contract. The right of use ends when you delete the contents.
  3. AppYourself is also authorized for the user to transfer under the terms of the respective app stores to transfer usage rights and conditions of the App Store to accept. The deletion of native apps depends on the conditions of the App Store. After termination of the contract or when you ask for cancellation of a native app that will cause the extinction of native apps.
  4. Even after removing the contents from the account and the App Store copies thereof may be present beyond the control of AppYourself.

9. Contract, contract duration, termination

  1. With the establishment of the account contract is based on the use of modules to pass. This Agreement may be terminated by either party upon one month to the end of the month.
  2. You can order at any time during the term of a paid service (native app, etc.). The contract for the fee-based services comes into being when it is confirmed that you ordered the cart with the individual services. Thereafter, a notice is first permitted after 12 months. If you later, during the contract binding, additional paid services ordered, the existing binding contract applies to the additional services.
  3. Either party may terminate the contract at any time for cause without notice. Good cause exists if the terminating part, taking into account all the circumstances of the particular case and weighing the interests of both parties, the continuation of the contract before expiry of the notice period can be expected. § 314 BGB shall apply accordingly.
  4. Ihre Kündigung müssen Sie postalisch an AppYourself GmbH, Pettenkoferstr. 16-18, 10247 Berlin oder per Mail an account@AppYourself.net senden. Kündigungen per Telefon oder an andere (E-Mail)-Adressen werden nicht als gültig akzeptiert.
  5. At the end of the contract, regardless of the reason, the account will be deactivated and all published web apps and native apps, and deleted all the contents of the account. An access to the account and the content is then no longer possible.

10. Remuneration due, chargeback and cancellation

  1. For the use of paid services in the price list on the website ishttp://www.appit.website/en/pricing The compensation to be paid. The prices include the VAT. For the first month, the allowance shall be pro rata, after due for each full month. In case of late booking fee of additional services, shall apply accordingly.
  2. The compensation is in order immediately, then each month to pay in advance to the third working day of the month. To collect the compensation you need to specify a valid credit card payments in Germany and provide for adequate coverage. All not AppYourself caused debt collection costs, particularly for charge backs due to insufficient funds, incorrect statement of the credit card number, other incorrect information or failure to notify of termination or change of credit card agreements are to be borne entirely by you.
  3. AppYourself is only obligated to provide the service requested (for example, creating and submitting a native app) when AppYourself can dispose of the payment received.
  4. Unless you are with payments despite a warning more than ten days late, AppYourself is entitled to terminate the contract pursuant to § 9 paragraph 3.
  5. Unpaid fees, especially for preparation and submission of native apps can not be refunded. This is true even if these native apps for reasons that are not caused by AppYourself not be accepted by the App Store. Monthly charges are payable for native apps, but only if they have been adopted from the App Store.
  6. AppYourself can change the price of all offers and services at any time. The new fees are valid for any change ordered by the offers and services. Apply for the above offers and services ordered, unless otherwise agreed between the parties at the time the order is placed and announced prices.

11. Copyright

  1. The online platform, the user interface and the components of Web apps and native apps and services and other offerings are protected by copyright. The copyright includes the source code, documentation, appearance, structure and organization of the program, all program names and logos.
  2. All rights to the software and its documentation, in particular the exercise all economic rights shall be available solely for AppYourself. You only get the rights provided for in this agreement.

12. Warranty for material and legal defects

  1. The online platform, the user interface and the components of Web apps and native apps and services and other offerings are protected by copyright. The copyright includes the source code, documentation, appearance, structure and organization of the program, all program names and logos.
  2. All rights to the software and its documentation, in particular the exercise all economic rights shall be available solely for AppYourself. You only get the rights provided for in this agreement.

13. Liability

  1. Regardless of the legal AppYourself shall be fully liable for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by Licensor or any intentional or negligent view of any legal representative or agent of AppYourself, in the absence of a guaranteed quality has caused within the meaning of § 443 BGB and for damages AppYourself or a vicarious agent or legal representative of AppYourself intentionally or through gross negligence.
  2. For the breach of a contractual obligation that was critical for you to enter the agreement, AppYourself liable, unless there is in paragraph 1 applies only to the typical, at the conclusion of the contract reasonably foreseeable.
  3. Any further liability of AppYourself for damages or reimbursement of expenses is excluded. Liability under the Product Liability Act remains unaffected.
  4. AppYourself comes at the conclusion of the contract assumes the 100,000 € per claim, up to a maximum of € 200,000 are available to meet in paragraph 2 above, cover to replace typical, reasonably foreseeable when the contract was concluded. If you believe that this is not existing in your risk of damage covered by the above amounts, you will point AppYourself before signing a contract of this fact so that the parties may agree on an appropriate hedge this additional risk.
  5. You are responsible for regularly backing up your data. Any liability for any loss of data is therefore limited to those costs of recovery, at the regular and the current technical standards suitable backup of the data would occur.

14. Privacy, data transmission

  1. AppYourself will use your information only as part of this agreement, and noted in particular the data protection regulations. AppYourself will require its employees and subcontractors to comply with data protection.
  2. The contract, in particular the transfer of content, data processing and service can be made via the Internet unencrypted.
  3. AppYourself is entitled to sub-contract management and turn transfer the content posted by you under this agreement and all personal data collected on such subcontractors or to make them accessible.
  4. AppYourself is particularly entitled to disclose the personal information for payment processing and already for a credit check to the appropriate service provider.

15. Applicable law, jurisdiction, mediation clause, Other

  1. All legal relationships between the contracting parties, only the law of the Federal Republic of Germany.
  2. Performance and exclusive jurisdiction for all disputes arising out of or in connection with this contract is the seat of AppYourself.
  3. All disputes arising out of or in connection with this Agreement, the parties try initially as part of a mediation to settle out of court by a mediator. Only then, when the mediation will not be made ​​or completed without the dispute is resolved in its entirety, is open to the parties of the way the courts. The parties are not prevented to submit applications in proceedings for interim relief or other emergency procedures. Treatment in all other cases, a party to the other party prior to the initiation of a dispute the possibility of mediation. Can not the parties agree on a mediator, it will be determined at the request of a party by EUCON, European Institute for Conflict Research Management, Schack Strasse 1, 80539 Munich Phone: +49 / 089 / 57 95 18 34, Fax +49 / 089 / 57 86 95 38 info@eucon-institut.de, www.eucon-institut.de
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