General Terms and Conditions

§ 1 Scope and provider

1. These General Terms and Conditions apply to all services that Jungherz GmbH, Duvenkamp 21, 46282 Dorsten, Germany (Local Court of Gelsenkirchen, HRB 13149), provides under the AppConfector brand (the "Provider"). Conflicting terms of the customer do not apply, even if the Provider does not expressly object to them.
2. The service is offered exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB), that is, to natural or legal persons and partnerships with legal capacity acting in the course of their trade, business or profession when concluding the contract. No contracts are concluded with consumers.

§ 2 Conclusion of the contract

1. The contract is concluded when the customer registers and creates an app. By registering, the customer accepts these terms including the Data Processing Addendum (§ 8).
2. The customer books paid plans in the management area. The contract for a plan is concluded when the booking is completed; payment is processed by the payment service provider Stripe. Contracts concluded through Digistore24 before the switch to Stripe continue there.
3. The customer must provide complete and correct information when registering and booking and keep it up to date.

§ 3 Services of the Provider

1. The Provider offers a builder with which the customer creates, designs and operates apps (web apps and, depending on the plan, apps for the app stores), as well as a management area in which the customer maintains the apps. The scope of building blocks and services is defined by the plan description at the time of booking.
2. The Provider runs the apps on servers in a data centre in Germany. It commits to an availability of the infrastructure of 99.9% as an annual average. Excluded are announced maintenance windows and times in which the infrastructure cannot be reached for reasons beyond the Provider's control (e.g. force majeure, disruptions at third parties). The available bandwidth depends on the technical capacity of the data centre; no specific bandwidth is promised for individual apps.
3. The apps work on the devices and browsers the Provider supports. The Provider gives no warranty for particular purposes or configurations.
4. Apps are published in the app stores through the customer's developer accounts. The Provider supports this as far as it can; due to the policies of the store operators it cannot guarantee success. If a store rejects an app repeatedly, the Provider may charge the additional effort separately.
5. Features based on artificial intelligence (e.g. creating and designing an app from a description, generating images, translations) deliver machine-generated results that may contain errors. They do not replace the customer's own review.
6. The Provider may have services performed by qualified employees or third parties. The apps are provided as executable applications; there is no claim to source code or design material.
7. To prevent misuse and keep operations stable, the Provider checks uploaded content automatically and adapts it technically where necessary (e.g. disallowed scripts).

§ 4 Obligations of the customer

1. The customer is solely responsible for the content of its apps. It warrants that the content does not violate applicable law (in particular copyright, trademark, competition, criminal and data protection law) or the rights of third parties. In particular, unlawful, extremist, offensive or harmful content is prohibited, as are services through which copyrighted content is distributed without authorisation.
2. The customer does not use the apps to send unsolicited advertising (spam), to attack other systems or in any way that endangers the security or availability of the infrastructure. It does not embed its app in third-party websites by frame; preview images are exempt.
3. The customer keeps its access data secret and informs the Provider immediately if it suspects that unauthorised persons know them. The customer is responsible for the settings it makes in the management area.
4. The customer fulfils the legal obligations that apply to it as operator of the app, in particular providing a legal notice and a privacy policy. The Provider supplies a privacy policy for each app based on the building blocks used; the customer reviews it and adds information on its own content and processing.
5. If the customer embeds third-party services in its app (e.g. videos, maps, chat or analytics services with its own ID), it is responsible for their use and concludes the necessary contracts with the providers itself.
6. For publication in the app stores, the customer provides its own developer accounts registered with the store operators.
7. The customer keeps its own up-to-date backup copies of the data it stores in its apps outside the apps.

§ 5 Prices and payment

1. The prices in the plan description at the time of booking apply. All prices are exclusive of statutory VAT.
2. Fees are payable in advance for the booked period. The Provider issues invoices electronically.
3. If the customer is in default of payment, the Provider may suspend the customer's apps. For handling the default and lifting a suspension, the Provider charges a flat fee of EUR 15; the customer may prove that the effort was lower. The Provider may assign outstanding claims to a debt collection service.
4. The customer may only set off claims that are undisputed or have been finally established by a court.

§ 6 Term and termination

1. The contract runs for an indefinite period. Booked plans have the term selected when booking and are renewed for that term unless the customer cancels at least four weeks before its end. Before a term ends, the Provider reminds the customer by e-mail.
2. Cancellations must be made in text form; an e-mail to the Provider is sufficient.
3. A running plan can only be replaced by a higher plan; the remaining term is credited.
4. The right to terminate for good cause remains unaffected. Good cause for the Provider exists in particular if the customer violates § 4 despite a warning, publishes unlawful content or is more than 60 days in default of payment. In the case of serious violations, the Provider may suspend the app concerned immediately.
5. If a plan ends without renewal, the app is deactivated on the expiry date; the customer can reactivate it with a new booking. The Provider may delete apps that are no longer used at the earliest 180 days after they expired; it announces the deletion by e-mail at least ten days in advance. At the customer's request, the Provider deletes an app and the customer account at any time. The details are set out in the Data Processing Addendum (clause 8). The Provider retains invoices as required by law.

§ 7 Rights of use

1. For the term of the contract, the customer receives a simple, non-transferable right to use the builder and the apps created with it within the scope of these terms.
2. Where the Provider creates individual developments or configurations for the customer, it grants the customer a simple right to use them for the term of the contract.
3. For content the customer uploads, the customer grants the Provider the rights necessary to operate the app (in particular storing, copying, technical adaptation and making it publicly available).

§ 8 Data protection and processing on behalf

1. How the Provider processes the customer's data as a controller is described in the privacy policy.
2. Where the Provider processes personal data on behalf of the customer when operating the apps, the Data Processing Addendum (DPA) applies. It forms part of this contract and is concluded automatically with it, upon registration and acceptance of these terms, at the latest with the first payment.
3. The DPA is provided in electronic form (Art. 28(9) GDPR). A separate signature is neither required nor intended. It applies uniformly to all customers; individually negotiated versions are not concluded. This way, the same obligations, sub-processors and retention periods apply to all customers, and changes reach all of them at the same time.

§ 9 Liability

1. The Provider is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and under the German Product Liability Act.
2. In the case of slight negligence, the Provider is only liable for the breach of essential contractual obligations, that is, obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In this case, liability is limited to the typical, foreseeable damage.
3. For the loss of data, the Provider is only liable to the extent that would have arisen if the customer had backed up its data regularly (§ 4(7)).
4. Otherwise, liability is excluded. Liability under Art. 82 GDPR remains unaffected.

§ 10 Indemnification

The customer indemnifies the Provider against all claims of third parties based on the content of its apps or on use that violates these terms or applicable law, including the reasonable costs of legal defence. It supports the Provider in defending against such claims.

§ 11 Internet domains

1. If the Provider registers a domain for the customer, it acts only as an intermediary towards the registry (e.g. DENIC) and the registrar. The terms of the respective registry apply; only the customer is entitled and obliged.
2. The Provider gives no warranty that a domain is free of third-party rights or will exist permanently. If the customer is asked to give up a domain, it informs the Provider immediately; conversely, the Provider informs the customer.
3. After the contract ends, the customer may take over the domain for a one-off handling fee.

§ 12 Changes to these terms

The Provider may amend these terms and the DPA with effect for the future, insofar as this is reasonable for the customer taking its interests into account, for example in the event of changes in the law or in the services. It notifies the customer of the changes in text form at least four weeks before they take effect. The changes are deemed accepted if the customer does not object within this period; the Provider points out this consequence in the notification. If the customer objects, either party may terminate the contract with effect from the date the changes take effect. Changes to the list of sub-processors are governed by clause 5 of the DPA.

§ 13 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of the Provider. The Provider may also sue the customer at the customer's registered office.
3. Declarations under this contract may be made in text form, in particular by e-mail.
4. Should a provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.
5. These terms are drawn up in German. Translations are for information only; the German version is authoritative.