Terms & Conditions

Last modification: October 2020

Thank you very much for your interest in websites, apps, offers, or other products of OnlineAppCreator.
OnlineAppCreator is a product of the jocapps GmbH, a registered limited liability company in the Federal Republic of Germany (hereinafter referred to as the "jocapps GmbH"). Therefore, the jocapps GmbH is subject to the laws of Germany and the European Union as well as specific international trade conventions, but not necessarily to national laws from customer countries. These general terms and conditions of use clarify the terms of our service and product offerings. Moreover, the latest version of the privacy policy also applies.

 

I. Registration

For some of our websites and apps, registration is necessary or possible. The following rules apply to this:

  1. For registration, only persons are allowed who are at least 18 years old.

     

  2. Participation is secured with a password. Users are obliged to keep this password carefully and to inform the jocapps GmbH immediately if an unauthorized person has become aware of it.

     

  3. Users commit themselves to provide only truthful information.

     

  4. There is no right to registration. The jocapps GmbH reserves the right to refuse registration without giving reasons.

     

II. Uploading Content

Some of our websites and apps allow uploading content. The following restrictions apply.

  1. For all content posted by users, regardless of the form of the content (e.g., activity description, comments, profile picture, audio/video files), the respective users are solely responsible for their content.

     

  2. The uploaded content will be shared with other users (depends on the functionality of the website or app). The user agrees to this distribution. Users are prohibited from using other users' content outside of the website or app for other purposes (e.g., retransmission, manipulation).

     

  3. By uploading content, users assure that they are not in breach of the law. In particular, they do not contain defamatory, threatening, obscene, libelous, abusive, violent, sexist, homophobic racist, or other types of information that violates human rights.

     

  4. Users guarantee that their content does not infringe copyrights, other intellectual property rights, and other persons or companies' interests. In the event that third parties claim the jocapps GmbH because of the infringement caused by users, the responsible users release the jocapps GmbH from the claim and the resulting costs.

     

  5. Users are prohibited from posting data that contains computer viruses or similar harmful elements that could lead to technical errors or manipulation. Responsible users are liable for any claims resulting from such behavior.

     

  6. The jocapps GmbH is entitled to process the content posted by users in accordance with the latest version of the privacy policy.

     

III. Rights and Duties

Furthermore, the following regulations apply:

  1. The jocapps GmbH does not provide any liability and warranty for content posted by users. If the jocapps GmbH becomes aware of possible unlawfulness (e.g., as explained in II.), the relevant content will be checked and removed if necessary. However, a monitoring obligation does not apply to the jocapps GmbH.

     

  2. The jocapps GmbH is entitled to bring illegalities at the respective competent authorities to the announcement (under consideration of the data protection).

     

  3. The jocapps GmbH excludes any liability or other responsibility for lost profits, consequential costs, or damages resulting from the (non-)use of our (digital) products or services.

     

  4. Liability or damage claims against the jocapps GmbH arising from the use of websites and apps are - regardless of the legal grounds (as far as legally permissible) - excluded. In particular, the jocapps GmbH is not liable for the availability or possible cancellation of activities, costs incurred during activities, and damage to persons or property arising during an activity.

     

  5. Any further liability is excluded, regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this shall also apply to our employees, workers, staff, representatives, and vicarious agents' personal liability.

     

  6. The jocapps GmbH dissociates itself from the contents of third parties' offers, which are linked on web pages or in apps of the jocapps GmbH. The jocapps GmbH is not liable for links to offers from third parties. The jocapps GmbH is not liable for links to offers from third parties.

     

  7. The jocapps GmbH is always free to make changes and extensions to the websites or apps.

     

  8. The jocapps GmbH is not responsible for the accuracy, completeness, and timeliness of the content.

     

  9. The jocapps GmbH is not obliged to fully access the websites and apps. For a faulty transmission of data, no liability is accepted.

     

  10. The jocapps GmbH is entitled at any time to partially or completely discontinue the operation of websites and apps.

     

  11. The jocapps GmbH reserves the right to change these general terms and conditions of use at any time and without giving reasons. Significant changes will be communicated to users before they enter into force. In this case, users have the right to object; If the jocapps GmbH does not receive this objection until the day of validity of the new general terms and conditions of use, the amended version applies. The right of users to delete the website/app account at any time remains unaffected.

     

IV. Payments, Refunds, and Newsletter Subscription

  1. The jocapps GmbH may inform users of their websites and apps via e-mail (provided during registration) about current information. The transmission can also be made directly via the website or app.

     

  2. To ensure the functionality of the websites, services, and products, the jocapps GmbH can use third parties' services. Users agree that the jocapps GmbH may share the transmitted data with third parties to secure the services. The privacy policy of the jocapps GmbH also applies to this.

     

  3. Some of our order processes are conducted by our online reseller Paddle Market. For these orders, Paddle Market is the Merchant of Record for all these orders and Paddle provides all customer service inquiries and handles returns for these orders.

     

  4. Some of our order processes are conducted by our online reseller Envato Market/CodeCanyon. For these orders, Envato Market/CodeCanyon is the responsible contact company for billing, invoices, and refunds.

     

  5. If we offer a money-back guarantee for a product or service, it must be requested in writing (for example, by e-mail) within 14 days of purchase or booking in the event of a claim. Otherwise, the right to any refund in full will lapse.

     

V. Applicable Law

The use of the websites and apps of the jocapps GmbH is subject exclusively to the law of the Federal Republic of Germany. Compulsory provisions of the law of the state where users have their habitual residence remain unaffected. The place of jurisdiction is the registered office of the jocapps GmbH.


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