Terms and Conditions of Service

General

These general terms and conditions (“terms”) governs your use of services provided under the name 'apprack' – including but not limited to the services offered on apprack.io and the apprack SDK – by the Bergandbed UG (haftungsbeschränkt), a limited liability company established and existing under the laws of Germany (“apprack” or “service”).

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. You may use the Service only if you can form a binding contract with apprack and are not barred under any applicable laws from doing so.

Apprack Services

We provide online services which allow you to create, manage and modify websites for your apps (“appsites”) and to include apprack services into your mobile apps using our iOS SDK (“SDK”).

For information about how we collect and use information about users of the Service, please check out our privacy policy available at apprack.io/privacy.

We are constantly modifying and improving our service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service. Such modifications may lead to changes in the appearance of the appsites or the SDK. We may also stop providing the Service to you at any time, with or without cause, and with or without notice.

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service and privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Your Data

You confirm that all personal data provided by you is true and complete.

You agree to receive electronic communication from apprack for contractual purposes, such as invoices or important contractual information. We accept no liability or responsibility should you fail to receive our communication because your provided email address is incorrect or invalid. Therefore you are obliged to keep your personal data, in particular your email address, up to date at all times. Tou are able to opt out from electronic communication at any time by contacting [email protected]

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, please let us know as soon as possible.

Your Content

You are responsible for all contents published, made available, provided or stored on your appsites or in the SDK. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness. Apprack as the provider is under no obligation to inspect all appsites with regard to violations of law.

You are responsible for complying with all laws that apply to you and your end-users, within the applicable jurisdiction, as well as the regulations of the Federal Republic of Germany.

You agree that you will not use apprack to upload, transmit, store, or otherwise make available any unlawful content, engage in any copyright infringement or other intellectual copyright infringement, upload, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of apprack (or any part thereof), or any other computer software or hardware, and/or plan or engage in any illegal activity.

Making the following content available on or through our service in particular is expressly prohibited:

Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
Content that is illegal or unlawful, that would otherwise create liability;
Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
Create an account or post any content if you are not over 13 years of age years of age; and
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

When you post, link or otherwise make available content to the service, you grant us the right and a worldwide, non-exclusive license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service, without any compensation or obligation to you. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. We may replace your content with newer versions of the linked content automatically. The rights you grant are for the limited purpose of operating and improving our Service. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the service. Apprack does not claim ownership or any intellectual property rights to any of it.

We may remove any Content from our Service at our discretion.

We have no responsibility or liability for the deletion, corruption, or failure to store any content entered, maintained or transmitted through your use of the service. You are solely responsible for securing and backing up your content.

We try to ensure the best possible availability of the our services. However for technical reasons as well as due to the our dependence on external services and factors, the uninterrupted availability of individual appsites cannot be guaranteed.

Payment

For same services charges apply that are due in advance for a complete contractual period. All payment methods possible are displayed to the user during the checkout and ordering process. Invoices are provided electronically in PDF form. All payments are processed using external payment processors, including (but not limited to) Chargebee. More about Chargebee can be found in our privacy policy. If your contract includes a subscription, we automatically deduct the invoice sum due on the day of subscription renewal subject to your consent. If automatic deduction is not possible, you will receive a payment link on the day of the subscription renewal.

We are entitled to deactivate your appsites and SDK and prevent your access in case of unpaid charges. In accepting these terms of service, you grant us the explicit right to this type of termination. We do not accept any liability for losses, damages or loss of revenue that may be caused by the blocking of a appsite or SDK due to incomplete or delayed payment, as long as the failure or delay can be attributed to you. Charges with incur due to a chargeback from you, denial of payment or by opening a dispute claim may be invoiced to you.

All prices include applicable VAT. The applicable VAT is shown on the invoice. If you are a company user based in the EU and have a valid VAT identification number the invoice does not include VAT; in this case you are responsible for taxation (reverse charge). Users outside of EU receive a net amount invoice.

Right of Revocation

You can cancel your service contract and receive a refund within 14 days of your initial purchase. You don't need to provide a reason, however we would appreciate hearing what we could have done better. Contact our [email protected] to cancel your contract. After 14 days, you can always cancel your contract, but no refund will be provided.

Contracts and Cancellations

We may terminate your contract unilaterally and without stating reasons by giving at least three month’s notice.

An account only containing free appsites can be deleted by you at any time. If there are active subscriptions you have to cancel your contract first before deleting your account.

Unless stated otherwise, a subscription is automatically extended by the same period if the contract is not terminated one month prior to the period end. Fees paid in advance will not be refunded upon contract termination, account deletion or appsite deletion or account termination prior to the end of the contract period.

Either party's mutual right to extraordinary termination for serious reasons remains unaffected.

Termination

This Agreement is effective until terminated. Without prejudice to any other rights, if you breach any of these terms or be in default on your payment, we have the right to suspend or disable your access to or use of the service, as well as the access of your end-users to your appsites or SDK content.

Data Protection and Privacy Policy

We ensure that your personal data is only collected, stored and processed to the extent required to render our services and to the extent permitted by legal provisions or instructed by legislators. Further information on data processing and data protection is provided in the apprack privacy policy.

In the context of the respective data protection laws, you are the controller (Art. 4 No. 7 GDPR) regarding all personal data processed by apprack as processor (Art. 4 No. 8 GDPR) through the apprack services. You need to follow the requirements of the data protection legislation applicable to data controllers regarding the use of apprack services as well as in connection with these terms, and in connection with the commissioned data processing contract provided by us. The apprack commissioned data processing contract can be concluded with apprack electronically – to conclude it, please send an e-mail to [email protected]. Protecting the rights of the data subjects (Art. 4 No. 1 GDPR), your end-users, is solely your responsibility.

If you are legally obligated to fulfill information obligations and provide an imprint or privacy policy on your appsites or SDK, it is your obligation to collect that information on apprack and show it on your appsites and SDK. Apprack has no responsibility for the accuracy, completeness, legality of your imprint or privacy policy nor if its suitable for your respective appsite or respective SDK usage. We advise consulting a qualified lawyer or data protection expert to ensure that the privacy policy of the respective appsite or SDK meets all legal requirements.

Apprack is constantly working to improve its service for you, therefor the service is subject to continuous change regarding the processing of data as well as the engagement of third-party providers or services.

Within this context we may also change details of data processing through our services. We inform you when we change a relevant subcontractor or when we engage a new subcontractor, as described in the commissioned data processing contract. The change or new engagement of a relevant subcontractor is deemed approved by you, if we don't receive an objection from you within three weeks. Should you object, we may terminate the contractual relationship.

Limitation of Liability

To the maximum extent permitted by applicable law, apprack is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise — including in each case, but not limited to damages — rising from inability to use apprack or access data, loss of data, loss of business, loss of profits, business interruptions or the like — arising out of the use or inability to use apprack even if apprack has been advised of the possibility of such damages.

The liability of apprack and any third party that has been involved in the creation, production, delivery or access of the apprack service for all damages arising out of or in any way relating to apprack and/or this terms shall in no event exceed the total amount you paid to apprack this year.

Notwithstanding the above or anything else contained in this Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.

Concluding Provisions

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

The laws of the Federal Republic of Germany, excluding international private law (in particular UN sales law), shall exclusively apply.

The place where appracks registered office is situated shall be the place of fulfilment and the place of jurisdiction for all disputes arising from or in connection with this contract.

If any individual provisions of these terms and conditions of use are or become void, ineffective or inoperable, that does not affect the legal enforcement and validity of the remaining regulations. Instead of the ineffective, void or inoperable condition, a provision that, insofar as legally possible, most closely reflects what is commercially intended according to the aim and object of the ineffective, void or inoperable provision shall be deemed agreed upon. The some holds true for unintended omissions.

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective 4 weeks after we post such revised Terms (indicated by revising the date at the bottom of these terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised terms (such as a click-through confirmation or acceptance button). It is your responsibility to check for changes to these terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these terms.

Last Updated on 4 September 2018