Terms and Conditions
1. Scope of application, service and charges
1.1 In the following the terms will be more specifically detailed for use of apprupt Performance Analytics (hereinafter “Performance Analytics") and of the apprupt affiliate network (hereinafter “apprupt Network") between apprupt GmbH, Mittelweg 146, 20148 Hamburg (hereinafter “apprupt”) and you. Please familiarise yourself with the terms and conditions of use. By accepting the terms and conditions of use you are obligating yourself to comply with them.
1.2 Performance Analytics:
Performance Analytics enables you to measure the success of your App (hereinafter also “App”) Marketing, whilst your App Downloads are being returned to a specific mobile or online link (“Download Tracking"). Apprupt provides you Performance Analytics free of charge to use for analysing the sales of your Apps. The absence of a charge is thereby subject to change in the terms and conditions of use in accordance with subclause 7.
1.3 Apprupt Network:
The apprupt Network is operated under the domain apprupt.com and offers you the opportunity to log into individual websites or apprupt Partner Apps (“Partners”), which link to App Stores (iTunes, Android Market etc.). For legal transactions mediated via the apprupt Network, apprupt shall obtain a fee from you in accordance with subclauses 4.1 and 4.2.
1.4 Provided that you only use Performance Analytics and do not make use of the services of the apprupt Network (Performance Analytics and apprupt Network respectively also known as “Service” or together “Services”), the respective terms of these terms and conditions of use shall only be valid for the utilised service.
2. Registration, security and data protection
2.1 For the purpose of registration for Performance Analytics and/or for the apprupt Network you must provide apprupt with the complete and correct data required, such as name, valid email address and password (“access data") during registration. By completely filling out the registration form and accepting the terms and conditions of use you are submitting an offer for participation in the desired service. Should apprupt accept the offer, you will receive a confirmation email. Apprupt reserves the right to refuse acceptance of the offer without giving any reason.
2.2 During the contract period you are obligated, to keep your access data current at all times. Provided that you are an individual, you are guaranteeing with your registration, that you are at least 18 years old and are legally competent. In addition you are obligated always to treat your access data as confidential and assume complete responsibility for the use of your user account, be it by you or by a third party. In this respect you are liable for all activities transacted on your user account.
2.3 Apprupt guarantees that we will use your data exclusively for execution of necessary processes for Performance Analytics and/or the affiliate network. Apprupt always treats your internal data and business information as confidential and will not pass data along to third parties without your consent or without statutory basis. For further details please see the apprupt data privacy terms (http://www.apprupt.com/en/privacy-policy.html).
2.4 Apprupt selects the following data from the respective App during the use of services in order to be able to implement Download Tracking:
- Time of purchase
- iTunes Store ID
- Place of purchase (computer/iPhone)
- Type of device (iPhone/iPod touch)
- Device UDID (Unique User ID)
- Device firmware
- Device language code
3. Services and duties of care – Performance Analytics
3.1 Apprupt hereby grants you the revocable, limited, non-exclusive and non-sublicensable right of use, to use Performance Analytics exclusively to the extent necessary for the use of service.
3.2 You undertake to permit neither yourself nor a third party
- to reproduce or in any way alter the provided software inclusive of the provided software codes (“snippet”) for Download Tracking,
- to market commercially the software in any way,
- to disclose the source code of the software (with the exception of permission pursuant to §§ 69d, 69e of the German Copyright Act).
3.3 Your right for the use of Performance Analytics shall end with the termination of this agreement in accordance with the stipulation of subclause 6.
4. Services, duties of care and fee – apprupt Network
4.1 Apprupt shall log business transactions mediated over the network via Download Tracking during use of the apprupt Network and will provide you with the opportunity to see a corresponding overview within your user account. Download Tracking by apprupt is only applicable for the question of whether a business transaction has been mediated and for the resultant calculation of the fee resulting from it. Apprupt will obtain a transaction-based fee from you from the mediated business transactions based on the downloads (cost per order, "CPO") in the amount of 30% of the net proceeds plus accruing legal value added tax where applicable, but not less than 0.35 euros per download. Net proceeds are calculated from the amount provided in the invoice from the respective App Store (iTunes, Android Market etc.) for the processing request of the respective application, less the App Store licence share.
4.2 Payment of the fee to apprupt shall be made via the PayPal payment service. You shall therefore ensure that your charged creditor account for the service is adequately covered. Should debt collection fail, you must reimburse apprupt for the incidental additional charges, provided that you are responsible for the failure. Further claims hereof shall remain unaffected.
4.3 You are solely responsible for ensuring that your Apps, which are integrated on partner websites via the apprupt Network for linking to App Stores, do not violate existing law or do not offend common decency and that you have at your disposal the necessary rights to your Apps and to the contents embodied therein. In addition you are solely responsible for ensuring that the Apps integrated by you are functional. Apprupt hereby clarifies that no rights exist for the incorporation of your Apps on the websites or in the partner Apps. Apprupt does not otherwise have any influence on partner websites and also does not monitor them.
4.4 You grant us the simple, territorially unlimited right to use the logos, images and descriptions of the Apps placed on the apprupt Network by you, in order to advertise them as a reference in online and offline media.
5. Liability and indemnity obligation.
5.1 Apprupt strives continuously to develop the services offered. Individual components may be improved, expanded or altered by apprupt within the scope of this further development. Due to implementation of this necessary maintenance work and of improvements, it may occur temporarily that individual functions will not be available. Apprupt will remedy disturbances or failures without delay, provided that this is in fact possible and is in particular reasonable due to economic and legal reasons and provided that the impairments are not only immaterial.
5.2 A specific outcome is not guaranteed to you bound to your participation in the services offered by apprupt. Apprupt is not liable for damages or other disturbances that are based on the faultiness or incompatibility of your software or hardware, as well as for damages that arose due to the internet's lack of availability or due to the flawless functionality of the Internet. In addition apprupt is not liable in the case of force majeure and/or for services that are rendered by third parties, who are not agents, apprupt is specifically not liable for ensuring that these third party services (especially network services) are constantly available without interruption, free from defects and securely.
5.3 Should apprupt be held liable by a third party due to the violation of rights and/or legal provisions based on an infringement of duties from these terms and conditions of use, you shall be obligated to indemnify apprupt from all third party claims and damages arising therefrom. The indemnity obligation is valid accordingly also in favour of apprupt's agencies, representatives, agents and subcontractors, who are employed for the performance of the agreed services as well as in the favour of partners within the apprupt Network, who incorporate or display their Apps on the website.
6. Period of validity and terms of cancellation
The terms and conditions of use shall take effect from the date of their incorporation and shall remain effective until such time as one of the parties to the contract terminates the contract with 7 days notice for any reason and at any time. An appropriate message by email to support (at) apprupt.com shall suffice to give notice on the part of the user. The statutory right of both parties to the contract to give extraordinary notice of cancellation for important cause without adherence to the period of notice shall remain unaffected.
7. Changes to the terms and conditions of use
Apprupt reserves the right to make reasonable changes to the terms and conditions of use at any time. You will be informed of changes in a timely manner in each and every case. Should you fail to object to changes within an appropriate period set by apprupt and continue to use services after the notification of change, your conduct shall be deemed as a declaration of the acceptance of the changed terms and conditions of use.
8. Final clauses
8.1 Should individual clauses of the terms and conditions of use be ineffective in whole or in part or contain a loophole, the effectiveness of the remaining clauses or parts of such clauses shall remain unaffected.
8.2 The law of the Federal Republic of Germany shall apply exclusively.
8.3 Supplementary agreements have not been made and any such agreements must be made in writing to be legally applicable.
8.4 If the user is a tradesperson or has no registered office within Germany, the parties agree that the court of jurisdiction for all disputes under the terms of this contractual relationship shall be Hamburg, Germany.
