General Terms and Conditions of Business
These General Terms and Conditions of Business regulate the legal relationship between App runner KG (hereinafter referred to as “App runner” or “Service Provider”) and their customers with regard to use of the online service “Cam2Pet”. With his electronic or written consent or by using the service offered, the customer accepts the Terms and Conditions of Use as an integral part of this license. App runner reserves the right to amend these Terms and Conditions of Use from time to time, and to inform the customers within good time about such amendments.
All services offered by App runner under these Terms and Conditions of Use are provided for consumers.
I. Service Categories:
The Licence Agreement regulates the following services provided by the Service Provider:
1. “Fee-based License Cam2Pet”:
The customer downloads a free licence for the APP Cam2Pet or a limited-time licence extension.
II. Agreement for All Service Categories
§1 App runner Cam2Pet
With “Cam2Pet”, the App runner offers an online service capable of running in a browser that allows the user to create and maintain web apps and websites independently in a content management system (CMS) in order to provide Internet contents in a form optimised for mobile terminals such as smartphones and tablets.
The users can access the service “Cam2Pet” in the form of a ten-day test version or with one or more purchased and registered licences for Cam2Pet. Once the Terms and Conditions of Use have been accepted by the user. Specific features when using this free test version are regulated in Article III Par. 2 of these Terms and Conditions of Use.
§ 2 Sole Responsibility of the Customer
The customer is solely responsible for the backup of his data. If data are saved on the Service Provider’s systems, the customer must run a data backup as necessary for his purposes on any other medium at his disposal, at his own responsibility and expense. Although the Service Provider shall perform data backups for his own purposes, this shall explicitly not release the customer from his responsibility as set out herein.
§ 3 Availability of Data Backup and Technical Adaptation of the Service Provider’s Systems
The Service Provider shall guarantee the agreed condition of the services ordered, and that these can be used in accordance with the licence without thereby infringing upon any third-party rights.
The Service Provider shall be entitled to adapt the hardware and the software used for provision of the services to the state of the art from time to time. If such adaptations result in additional requirements that the contents saved on the server by the customer must meet in order to guarantee provision of the Service Provider’s services, the Service Provider shall make such additional requirements known to the customer.
§ 4 Liability for Defects
Since data are transmitted to the Service Provider’s systems via the customer’s mobile telephone systems or WI-FI, inadequate or slow data transmission and the consequences thereof shall not justify any claims for defects by the customer.
§ 5 Liability of App runner
If the customer is an entrepreneur or a public legal entity, liability shall be limited to the sum total of the contractual fees paid to App runner by the customer within the scope of the concrete contractual relationship for the period of one year prior to occurrence of the damaging event, except in cases of wilful intent and gross negligence.
§ 6 Terms of Contract
In the provision of his services, the Service Provider makes use of the services of a data centre (usually Interxion).
Since he himself is bound by the general terms and conditions of business of the data centre provider with regard to the provision of his services, these terms and conditions are also an integral part of the contractual relationship between the Service Provider and customers.
If the customer objects to the validity of the new terms and conditions of business of the new data centre, the licence shall end with immediate effect, since the Service Provider will no longer be in a position to provide the service subject to the terms and conditions agreed hitherto. In this case, the licence shall be settled for the concrete resulting prorated term; the customer shall be obliged to pay the outstanding residual fee within one month of receipt of the settlement, prorated refunds for advance payments must be paid by the Service Provider within the same period.
§ 7 Data Protection and Data Transmission:
App runner shall use the customer’s data only within the scope of this contractual relationship, and shall in particular comply with the provisions of data privacy law. App runner shall oblige their employees to comply with the data privacy regulations.
Contract handling, in particular the transmission of contents, data processing and services, shall be possible electronically via the Internet without encryption.
App runner shall be entitled to forward personal data to appropriate service providers for the handling of payments and also in order to perform a credit check.
§ 8 Utilisation Right with App runner Software:
The customer has the right to use the APP Cam2Pet for the intended purpose during the term of validity of the licence.
III. Special Terms and Conditions
1. Term of Contract:
The term of this contract is limited to the term of the selected licence. The licence shall be extended automatically upon expiry, unless terminated in writing by mail one month in advance.
If the customer wishes to continue using the service offered, he is free to purchase a further annual licence at any time. If a further licence is purchased during the term of an already existing, valid licence, the term of the purchased licence shall be added to any residual term of the existing licence.
The customer shall be responsible for ensuring the timely backup of his data and files created within the Cam2Pet APP.
2. Payment, Due Date:
The remuneration for the fee-based services provided by the Service Provider shall be based on the prises published in the Cam2Pet shop or the respective shops of Google and Apple published at the time of conclusion of the contract.
All prices are quoted exclusive of the statutory VAT. Payment shall be due immediately upon purchase.
The Service Provider shall be entitled to amend the prices underlying his services at any time. The amended prices shall apply to all offers and services purchased after the amendment.
All costs of collection of debts not caused by App runner, in particular for direct debit cancellations due to lack of funds, incorrect credit card numbers, other incorrect details or failure to communicate the termination or change of credit card contracts shall be borne in full by the customer.
App runner shall only be obliged to provide the ordered service when App runner has the full right to dispose of the payment received.
3. Shipping and Delivery:
Since the Cam2Pet annual licence is a digital service, shipping costs will not be incurred.
The product is delivered (provision of the account login details) by e-mail or via APP.
IV Closing Provisions, Venue, Governing Law, Mediation Clause
1. Any amendments, supplements and terminations of contractual agreements must be made in writing, including cancellation of the requirement of written form, unless this contract provides for text form.
2. Should any provisions of the party agreements be or become wholly or partly invalid, the validity of the other provisions shall remain unprejudiced thereby. In this case the parties undertake to replace the invalid provision with an effective provision that covers the economic intention of the invalid provision as closely as possible. The same shall apply in the event of any omissions in the agreements.
3. All legal relationships shall be governed by the laws of the Republic of Austria.
4. The place of fulfilment and sole venue for any disputes arising from or in connection with this licence shall be at the registered seat of App runner.
5. The parties shall initially aim to resolve any disputes arising from or in connection with this licence within the scope of mediation by an extrajudicial mediator. The parties shall only be entitled to take recourse in court if mediation is not possible or ends without the dispute being fully resolved. The parties shall not be restrained from filing petitions for temporary legal relief or other summary proceedings. In all other cases, one party must offer the other party an opportunity for mediation before filing legal action.