General Terms and Conditions of Zappter AG for the service called Zappter for the creation of mobile applications and websites optimized for use with mobile devices (hereinafter jointly referred to as "Apps").
These GTC govern the terms and conditions for the use of services provided by Zappter AG (hereinafter referred to as "Provider", "we" or "us") in connection with Zappter to customers creating Apps with Zappter (hereinafter referred to as "Users"). Deviating terms and conditions of the user do not apply. They shall not apply even if the Provider does not expressly object to them.
1. Zappter Platform
The Provider provides its services via the website www.zappter.com as well as other sub-domains belonging to this domain (hereinafter "Zappter Platform").
2. User account
The use of Zappter requires a registration for a user account. The registration of a legal entity may only be carried out by a natural person authorized to represent Zappter.
We may refuse to accept registrations at any time without stating a reason.
3. Service offer by Zappter
With Zappter, the provider offers the user the possibility to create apps based on Software-as-a-Service. Further details of the services and functions are described on the Zappter platform. The Provider is entitled to independently update and extend Zappter at any time if this is reasonable for the User. The Provider offers Zappter in different models with different performance and service levels. The current, available models as well as their performance and service scope can be viewed on the Zappter platform. The models available at the time of use by the user apply.
The contract about the use of Zappter and other services offered by the Provider is concluded by activating the option "I agree to the General Terms and Conditions" during the online registration of the user account or by signing a separate user contract between the user and the Provider. The Provider is entitled to have parts of its services and products provided by third parties.
The Provider uses computer centres in various countries in Europe, America, Asia and Australia for the operation of its services offered worldwide, whereby the user is allocated the server location geographically closest to his seat/location. The backend services of the app (in contrast to the frontend in the app stores) remain on the servers rented from us. The provider provides the functions of Zappter with an availability of 97% in the calendar month. This does not include times during which the use is interrupted or impaired for compelling technical reasons or due to necessary maintenance work.
The Provider does not owe any success for the Apps created with Zappter. In particular, the Provider cannot guarantee that Apps created with Zappter will pass the test by the operators of the respective App Stores and will be posted in the respective App Store. This decision is beyond the provider's sphere of influence. Upon submission to the respective App Store, the App is subject to the conditions applicable to the App Store in question. These can be viewed at the respective App Store.
The provider is entitled to list the user's company and logo in reference lists and to publish these on the Internet or in print media for factual information. Furthermore, the user grants the provider the right to use used app names and icons in references and overview lists.
4. Rights and obligations of the user
Upon conclusion of the contract, the user acquires the right to use the services provided by the provider within the scope of services selected by the user during the term of the contract against payment of the remuneration in accordance with section 6. The rights of use granted to the user under the contract end at the end of the contract.
Apps are only transferred in executable code and without documentation. The user has no claim to the surrender of source code, design material or other information.
When creating his user account, the user must provide complete and truthful information and update the requested data in his user account immediately in the event of a subsequent change.
The user is obliged to guarantee the security of his user account and to ensure that his user name and the associated password are not made accessible to third parties. The user is obliged to inform the provider immediately if there is any misuse of the password or the user account or if there are any indications of an imminent misuse.
The user is obliged to back up data in accordance with the current state of the art. The customer may export the data stored in his user account as a PDF/Excel file at any time.
The user is obliged not to use Zappter and the apps created by the user with Zappter unlawfully, illegally or in an immoral manner. Accordingly, the user is obligated to ensure that content stored by him under his user account or distributed from his user account or app does not violate legal provisions or the rights of third parties.
The user is obliged to ensure that the necessary rights to the content (e.g. text, photography, images, graphics, video, music) are fully available before each storage and publication of an app. If persons are recognizable on photographs and videos, it is the responsibility of the user to ensure that the consent of the person(s) concerned is available.
The Provider reserves the right to check the Apps and the contents of Apps. There is no obligation to check an app. If the Provider determines or is informed via third parties that contents are being distributed via a user account or an associated app that contradict these GTC, the Provider is entitled to temporarily block and/or delete affected contents with immediate effect and/or to temporarily or permanently exclude the user from using Zappter and to terminate the current user contract without notice.
The User shall fully indemnify the Provider for any damages caused by the User's use of Zappter contrary to the terms of this Agreement and shall indemnify the Provider against all costs (including legal costs).
5. Intellectual property rights
The Zappter Platform as well as all services offered there by the Provider are protected by copyright. All rights reserved. Unauthorized copying, further use or alteration of the design and content of the website is not permitted. Texts, parts of texts, graphics, tables or image material made available on the Zappter Platform may not be reproduced or distributed without the prior consent of the Provider.
6. Remuneration and terms of payment
The current price list published on the Zappter Platform at the time the service is used shall apply.
The monthly payment owed is payable in advance. The means of payment indicated on the Zappt Platform are accepted for payment. When booking a chargeable service or product, the Customer shall authorize the Provider to collect due payments via the respective valid account.
In case of late payment, the Provider is entitled to block the User's user account for the duration of the delay. Further claims and rights remain unaffected. The costs incurred by the Provider due to the delay in payment shall be reimbursed in full by the User.
7. Warranty and liability
The Provider warrants the agreed quality of the services ordered and that the User can use them in accordance with the contract without infringement of the rights of third parties. If the contractual use of the services and/or performances provided by the Provider leads to an infringement of copyrights or other industrial property rights of third parties, the Provider shall, at its own expense and at its discretion, either procure the right to further contractual use or modify or replace the Apps or other services in a manner reasonable for the user in such a way that there is no longer an infringement of the rights of third parties. If this is not possible under economically reasonable conditions or within a reasonable period of time, both the User and the Provider shall be entitled to withdraw from the contract. The Provider shall indemnify the User from undisputed or legally established claims of the holders of industrial property rights.
The Provider is only liable for damages caused by intent or gross negligence. Liability for simple negligence and for auxiliary persons is excluded. The aforementioned limitation of liability does not apply to the Provider's liability for personal injury and claims under the Product Liability Act.
8. Data protection and security
The Provider will only use the User's data within the scope of this contractual relationship and will observe the applicable data protection regulations. The Provider is entitled to engage subcontractors for the execution of the contract and to transfer the contents posted by the User and all personal data collected within the scope of this contract to these subcontractors or to make them accessible. The Provider will oblige its employees and subcontractors to comply with data protection. The execution of the contract, in particular the transmission of content, data processing and service, may be carried out unencrypted via the Internet.
9. Contract duration and termination modalities
The contract is concluded for an indefinite period and can be terminated by both the user and the provider with 30 days' notice to the end of the month without giving reasons. Terminations must be made in writing by letter, by e-mail, by fax or, if this option is available, via the user account of the user.
Upon termination taking effect, the User's account will be blocked and content stored on Zappter's servers will be deleted.
10. Final provisions
Changes: Amendments and supplements to the Agreement must be made in writing, except that Provider has the right to amend these Terms and Conditions from time to time by simply notifying the User. The Provider will inform the User of the changes and make the amended GTC available for download. If the User does not terminate the contract on the next possible termination date, the amended GTC shall be deemed accepted after expiry of this first termination period.
The assignment of rights and claims from the contract, unless expressly permitted, is only permitted with the prior written consent of the Provider. The Provider is, however, entitled to transfer the contract in its entirety to affiliated companies.
Severability Clause: Should this Agreement be or become invalid in whole or in part, the remaining provisions shall remain unaffected.
Confidentiality: The User undertakes to treat the contents of these GTC as well as all documents made available within the framework of the contract negotiations as confidential. Notices required by law or other regulations as well as obligations to provide truthful information to competent authorities and courts are reserved.
Applicable law and place of jurisdiction: This Agreement shall be governed by substantive Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) and its amendments and supplements.
All disputes arising out of or in connection with this agreement, including those concerning its valid conclusion, its legal effect, its amendment, dissolution, shall be settled exclusively by the ordinary courts at the Provider's registered office. Alternatively, the Provider is also entitled to sue the User at his domicile.
Zappter AG - AGB Zappter - valid as of 01.12.2018