Our terms and conditions / AGB
Jungherz GmbH as operator of the brand digilöwe (hereinafter referred to as provider) provides all services exclusively on the basis of these general terms and conditions. This shall also apply in the event that the customer does not accept other general terms and conditions of business. and the Company provides services in full knowledge thereof.
§ 1 Subject of the contract
The provider operates a network of computers that are constantly connected to the Internet are connected (cloud infrastructure). It represents this resulting service capacity, in form of mobile applications are available to other companies for their own purposes. The applications based on the servers can be accessed worldwide via the computer communication network Internet can be called up.
§ 2 Contract amendments
The Provider is entitled to change the content of this contract with the consent of the customer, provided that the change is reasonable for the customer taking into account the interests of the providers. Consent to the contract amendment shall be deemed to have been given if the customer does not accept the amendment within four weeks after receipt of the notification of change. The Provider undertakes to to point out the consequences of a failure to object in the notification of amendment.
§ 3 Services of the provider
a) The Provider shall provide services itself or through third parties in accordance with the provisions of the at the time of the order published service offer.
b) The customer is entitled to use other companies or their goods and services on cloud infrastructure. In any case, the customer assumes liability for the third-party presentation.
c) Interested parties who have Internet access can use the services provided on the infrastructure stored information of the customer around the clock free of charge.
d) The Provider provides the customer or sales partner with an access, with which the customer or sales partner can manage his mobile application or that of the customer to be supported himself via the Internet. This access is protected by a password. The password is not known to the provider. The customer / Distributor undertakes to keep the password strictly confidential and to inform the Provider immediately as soon as he/she becomes aware that the password is known to unauthorized third parties. If the customer creates his pages himself or has them created by third parties, he is responsible for the content of his pages. of its pages is solely responsible. It places the Provider in the internal relationship of any claims third parties, which are based on contentwise lack of the offer, freely.
e) The provided mobile applications can be enhanced by available function modules and rental packages can be extended. Depending on the selected rental package, the available function modules are extended, the range of functions and the associated customer service services.
f) The Starter Package, which is available free of charge, enables the insertion of own and third-party advertising within the mobile application and the preview page. The customer agrees to this. The Switching off can be done at any time by purchasing or extending a higher-value rental package take place. Excluded from this are rental packages where the insertion of (only own) advertising is an explicit component.
§ 4 Services of the customer
a) The customer is always responsible for the data stored within the mobile application keep up-to-date backup copies. These backup copies must not be stored within the mobile application can be saved.
b) For the services described in § 3 the customer pays the prices stated in the service offer in advance. All fees are exclusive of the applicable German statutory value added tax.
c) The customer will not display his app on an external website by integrating it via frame or iframe. This does not apply to thumbnails of the respective app.
d) Requirements for a necessary imprint obligation (or the respective legal obligation) the customer shall be obligated to comply.
e) For the optionally available publication of the mobile application in the respective store, the Customer if necessary or selected service package to the provider a previously registered developer access available.
§ 5 Duration of the contract, termination
a) The contract begins with the order of the service on the Internet or the order form and is terminated according to the description of services with the stated term. He sets the specification of complete and correct data. The contract comes into effect with the activation of the service by the Provider. Extend purchased services with a fixed term and rental packages automatically by the previously booked period.
b) The right of termination without notice for good cause remains unaffected. As important Reason for the termination of the contract by the Provider applies in particular
- a violation by the customer of legal prohibitions, in particular the violation of copyright, competition, name or data protection regulations,
- Publication of national socialist, racist, radical, or other form of illegal content by the customer,
- the continuation of other breaches of contract after a warning by the Provider,
- a fundamental change in the legal or technical standard on the Internet, if it becomes unacceptable for the Provider to continue to provide its services in whole or in part to provide.
- voluntary, gratuitous services and performances of the provider are stopped.
- the mobile application is not used to any significant extent. (validity for free offer)
- a payment delay of more than 60 days.
c) If a customer is in default of payment, the Provider is free to use the customer's mobile application without to block access via the Internet by setting a time limit and further announcement. For the processing the delay of payment and, if necessary, the unblocking of a mobile application, the provider charges a Flat rate in the amount of € 15,-. Should the delay in payment last longer than 60 days, the Provider may terminate the contract with the customer without notice.
d) In the event of a termination, the Provider will delete all data stored on the Customer's application existing data including the customer account, for a period of three months keep ready. With expiration of the period or a previous written instruction from the customers, all data will be deleted.
e) Existing and current rental packages can only be replaced by rental packages of higher value. In this case a credit note will be issued for the remaining term of the existing rental package.
f) The provision of the services is carried out under the aspect of normal use. In the case of disproportionate use, i.e. the generation of increased network traffic within the cloud infrastructure, the Provider reserves further rights. Besides the obligation to upgrade of the existing rental package can, in the interest of all other customers, a temporary deactivation follow the respective mobile application.
g) Before the expiry of services with a fixed term and rental packages, the customer will 25 days in advance by e-mail. At the same time, the invoice will also be issued for the following rental package (automatic renewal). Depending on the chosen payment method an automatic debit takes place or the customer is requested to make this.
h) The termination of services and rental packages can be made at any time, but not before only be made by e-mail at least four weeks before the originally booked service expires.
i) In the event of non-renewal or default of payment, the operated app is deactivated on the expiration date. A new activation is possible at any time afterwards via the Purchase of the same rental package possible.
§ 6 Range of services and general terms of service
The Provider provides its services in accordance with its service offer and its General Terms and Conditions of Service. Service Offer and General Terms and Conditions of Service are part of this contract and are available to the customer at the time of conclusion of the contract.
Right of withdrawal
a) Please send complaints to the management of the provider. The contract comes into effect with the successful activation of a mobile application and is closed for an indefinite period. One click on the link to deploy the application within the sent confirmation mail or the setup wizard provides the declaration of acceptance.
General performance conditions
§ 1 Services of the providers
a) Unless expressly agreed otherwise, the Provider may not use the services incumbent upon him also be performed by competent employees or third parties.
b) As far as individual services of the Provider are charged according to time expenditure or consumption the customer is entitled to monthly statements of account. This shall specify the type of The power billed and the time spent or the consumption are indicated.
§ 2 Third party rights
a) The customer expressly assures that the provision and publication of the contents on the provided application neither against German nor against his own, if applicable violates deviating home country law, especially copyright, data protection, criminal and competition law. The Provider reserves the right to publish applications on which questionable content is published, to block access via the Internet without further notice and to terminate the contract without notice.
b) Under no circumstances may the customer use copyrighted content without authorization on the offer or distribute rented applications. In particular the operation of so-called P2P file-sharing, download or streaming services that may be subject to copyright protected contents may be distributed without authorization is not permitted. Beyond that obliged the Customer agrees not to provide links to P2P file sharing networks, download services, streaming services or their contents. The provider reserves the right in case of violations, disconnect the application from the network without prior notice and terminate the contract without notice
§ 3 Application configuration
a) The Provider grants the Customer extensive configuration rights on the leased application. However, these are subject to the limitation of configuration parameters within the customer area. Only the Customers have the individual password for their own customer area and the rented applications, but not the provider. This makes it impossible for the provider to manage the application rented by the customer, if these settings fall within the mentioned range of configuration parameters. *** Therefore the customer within the scope of his available configuration parameters for the management and security of his application. *** It is his duty to constantly inform himself about known security holes and to close them independently. The installation of maintenance programs or other Software provided or recommended by the providers does not release the customer from this obligation.
b) If necessary and reasonable, the customer shall cooperate in simple configuration changes, e.g. by a renewed entry of the access data or simple conversions of his systems.
c) The customer is obliged to set up and manage his application in such a way that the security, Integrity and availability of networks, other applications, software and data of third parties not endangered will. In particular, customers are prohibited from using the application for the direct sending of SPAM mails and use DOS attacks or run open mail relays and other systems on the application, through which SPAM mails and DOS attacks can be spread. In case of violations the provider reserves the right to reserves the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
d) To avoid misuse and to ensure stability, deposited data is subjected to an automatic checking process and adjusted if necessary.
§ 4 performance commitments
a) The provider states an accessibility of the physical connection of the application cloud infrastructure of 99% on an annual average, unless otherwise agreed in the service description has been made. This does not apply to periods in which the infrastructure is not available due to technical or other problems that are not within the provider's sphere of influence (force majeure, fault of third parties, etc.) etc.) cannot be reached via the Internet. If this accessibility is not reached, the provider a compensation, the amount of which is agreed in a separate service level agreement.
b) The provider operates data centers in various countries of the European Union. The In these data centers, customer applications are connected to the Internet connected. The data traffic is transmitted via various active and passive network components (e.g. routers, switches), each of which only allows a certain maximum data throughput rate. This can limit the data traffic capacities for individual applications at certain points and do not correspond to the theoretical maximum bandwidth available at the switch port. If not differently agreed, the Provider cannot guarantee the amount of the actual application, but instead provides bandwidth according to technical requirements. Performance of the data center, taking into account the performance obligation to others available to customers.
c) Customers can use the rented application for an unmanageable number of different applications and use a wide variety of usage variants for this purpose at its own discretion. Thus there are many millions of different configuration options for the applications. The the sheer variety of these possibilities makes it impossible for providers to provide guarantees for the and compatibility of the servers for a specific type of use.
d) The Provider guarantees the full functionality of the provided mobile Applications only under mobile devices approved by the provider. A detailed and An updated overview of all supported end devices is available under FAQ of this website. The provider is constantly monitored, the availability of further platforms.
e) In case of a chosen publication of the mobile application in the known and offered App Stores, the provider strives to make this a success within the bounds of its possibilities. A Guarantee to a successful publication can be given due to the various guidelines of the Store operators are not granted. In case of multiple rejections of the submitted application by the store operator, additional costs can be charged to the customer.
f) The provided websites, native or hybrid apps and other services are only used in the executable code and without any documentation. A right to the release of source code, Design material or other information is not technically possible.
g) If the selected rental package offers the possibility to register a domain address via the provider, the terms and conditions of allocation and use of the respective responsible top-level domain organizations shall apply. After the expiry of the associated rental packages, the previous contractual partners may, upon request, cancel the previously registered domain into their possession for a one-time processing fee.
§ 5 Internet domains
a) As far as the object of the services of the provider is also the procurement and/or maintenance of internet domains the domain, he/she will only be required to make a declaration to DENIC, InterNIC or another organization for the purpose of domain assignment. acts as a mediator. Contracts with such organizations entitle the customer exclusively and committed.
b) The provider has no influence on the domain assignment. Therefore, the provider does not guarantee that the domains applied for and delegated for the customer are free of third party rights or unique or in the long run. This also applies to the subdomains assigned below the provider's domain.
c) Should the customer be asked by a third party to give up an internet domain because it allegedly infringes the rights of third parties, he will inform the Provider immediately. Conversely the provider will also inform the customer, if he should be requested to register the customer's domain to be delivered. In this case, the provider is entitled to access the Internet domain on behalf of the customer. if the customer does not immediately provide security for possible legal costs and attorney fees in sufficient amount (at least € 4.000,-).
d) In any case, the customer indemnifies the Provider from all damages and claims, regardless of which Legal grounds, which are based on the illegal use of an Internet domain, free.
§ 6 Data protection
a) The customer agrees that personal data (inventory data) and other information, which affect his usage behavior (connection data) (e.g. time, number and duration of connections, access passwords, uploads and downloads), stored by the provider for the duration of the contractual relationship will be made, as far as this is necessary for the fulfillment of the purpose of the contract, especially for accounting purposes. The customer's telephone numbers are also stored within the inventory data in order to be able to contact the customer in case of urgent for the confirmation of orders and for the general customer contact a fast and efficient Ensure customer availability. The customer may object to such use of his data.
b) The Provider undertakes to inform the customer on request at any time about the stored data stock, as far as it concerns him, to provide information completely and free of charge. The Provider will neither these data nor the content of private messages of the customer without his consent to third parties forward. This does not apply only insofar as the provider is legally obliged to third parties, to disclose such data, in particular to state authorities, or, if internationally recognized technical standards provide for this and the customer does not object.
c) The Provider expressly points out to the customer that data protection for data transfers in open networks such as the Internet is not comprehensively guaranteed according to the current state of the art can be made. The customer is aware that the provider will not accept the offer stored on the application and under circumstances, the customer's other data stored there can also be viewed at any time from a technical perspective. Also other participants in the Internet may be technically able to gain unauthorized access to the network security to intervene and control the message traffic. For the safety of the people he sends to the Internet The customer himself is therefore responsible for the data transmitted.
d) The optionally available publication of the mobile application via one of the App Stores, is done for each to Store via our partner company mobitalus marketing. The customer explains itself in this case with the execution and the data exchange necessary for this purpose by both companies.
§ 7 Job processing (formerly ADV Zusatz)
b) Optionally, the Customer may at any time request a separate electronically signed version of the linked Request AV Supplement by e-mail.
§ 8 Limitation of liability
The Provider is liable for damages caused by him or his vicarious agents through gross negligence or were caused intentionally. In the event of a breach of material contractual obligations, liability is limited to In cases of simple negligence in the case of financial losses of the type of foreseeable, direct damage and the amount of the benefits of the liability insurance taken out by the provider with a maximum amount of cover of € 2.500.000,- limited. The above limitations of liability concern claims of the customer from product liability and do not apply in particular to the provider attributable bodily injury, damage to health or loss of life of the customer. In all other respects the liability excluded.
§ 9 Exemption
The customer undertakes to indemnify the Provider in the internal relationship from all possible claims of third parties to indemnify the customer, which are based on illegal actions of the customer or errors in content of the the information provided. This applies in particular to copyright, data protection, criminal and competition law infringements.
As far as the Provider develops software for the customer or on behalf of the customer for third parties and individual configurations, he transfers to the customer a non-exclusive right to use Use of the created software and configurations on the Internet for the duration of the contractual relationship.
§ 11 Applicable law, place of jurisdiction
a) The contract is subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods and the regulations on Private International Law.
b) If the customer is a merchant, the Provider may bring an action against the customer both at the customer's place of residence or business location as well as in Dorsten/Germany. In case of complaints of the customer the courts in Dorsten/Germany exclusively responsible.
§ 12 Other
a) Amendments or supplements to this contract shall only apply if they have been agreed in writing. This also applies to any change to this written form clause.
b) All declarations of the Provider can be addressed to the Customer electronically. This applies to also for settlements within the scope of the contractual relationship.
c) The customer may only offset claims against the Provider if he/she has acknowledged or is legally binding.
d) Should any provision of this contract be or become invalid or should the contract contain a If the contract contains a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The invalid provision or the gap shall be replaced by a provision which corresponds to the economic purpose of the agreement, which would have been agreed upon by the parties if they had considered the invalidity of the of the provision.
(as of March 19, 2020)