EULA AddMee App
By clicking the button that you agree with this End User License Agreement, a contract for the use of the app " AddMee" (hereinafter: "App") is concluded between you (hereinafter: "Licensee") and us, AddMee GmbH, Papenbusch 33, 48159 Muenster, Germany (hereinafter: "Licensor"), that is subject to the following terms and conditions. The App is a software application that enables the exchange of a link to information stored on a server by the Licensee or a third party via the app, for example with NFC-enabled smartphones of third parties. Such stored information includes, for example, contact information and links to social media profiles. An internet connection is required for most of the App's functions.
Section 1: Subject matter of the contract
(1) The Licensor shall provide the Licensee with the App in the most current version and shall grant the Licensee a non-exclusive and perpetual license to use the App in the form of the object code for installation and use on certain electronical devices.
(2) The Licensor reserves the right to adapt the App so that it only supports communication with NFC chips distributed by the Licensor and not with NFC chips from other companies.
Section 2: Provision
The Licensor shall make the App available for free download in the "App Store" of Apple Inc. and in the "Google Play Store" of Google Ireland Limited. Delays in the provision of the software by the respective app store are outside the Licensor's sphere of responsibility and therefore do not give rise to any claims by the Licensee against the Licensor or any right of the Licensee to terminate this agreement.
Section 3: Fee
The use of the App with the "Free" profile is free of charge. When using the app, connection costs may be incurred between the Licensee and its Internet provider.
Chargeable in-app
1. In addition to the free app, the licensor offers additional functions against payment of a price as an in-app, such as the "Pro" profile. The availability of additional add-ons may vary depending on the country. The currently available in-app functions and the respective valid prices can be viewed in the respective app store (Apple / Google) in the app. The use of the additional functions is compensated with the payment of the usage fee to be paid for the respective usage period. The Licensor may expand the range of additional functions at any time.
2. As long as the use of a function in the app is only possible against payment of a price ("paid in-app"), the licensee will receive information online about the costs incurred, the terms of payment and the other relevant details before access to the respective function is granted. Only after this does the Licensee have the option of using the respective function by clicking on the corresponding button. By clicking on the corresponding button, the licensee accepts the offer to make the paid in-app available in a binding manner and a further contractual relationship arises on the basis of these terms of use.
3. If a time-based usage fee is to be paid, the selected in-app shall be available for the duration of the paid period (e.g. one month or one year). The usage fee shall be paid in advance by way of a direct debit by the respective App Store (Google / Apple) in accordance with the respective agreed usage period (e.g. monthly in advance for a monthly usage period or annually in advance for an annual usage period).
For paid in-apps, the minimum contract term is based on the agreed period of use (for example, one month or one year). After the expiration of the minimum contract term, the contract shall be continued for an indefinite period of time, unless one party terminates the contract by giving notice of (i) one month prior to the expiration of the minimum contract term or the respective end of the term or (ii) the subscription in the App Store (Google / Apple) in accordance with the terms and conditions applicable there. The use of the other functions of the App are possible even after the termination takes effect, provided that the Licensor has no reason to block the user account or to discontinue the app.
Section 4: Processing of data
In the Privacy Policy, the Licensor draws attention to the personal data collected in connection with the Licensee's use of the App and provides information on the rights of the data subject.
Section 5: Warranty
(1) The statutory liability for defects shall apply.
(2) The Licensor ensures that the App complies with the contractual condition at the time of its provision and that its use by the Licensee to the contractually agreed extent in the country of first acquisition of the App does not conflict with any third-party rights. After one year from the date of provision of the App, this shall only apply if the Licensee proves that the App was not in a condition in accordance with the contract at the time of provision.
(3) The Licensor shall provide information on updates to the App on its website, accessible at addmee.de, and shall make the updates available for download in the "App Store" and the "Google Play Store". The Licensee is free to download and install the respective update. If the Licensee does not install the updates provided by the Licensor, the Licensor shall not be liable for any deviations from the contractual condition of the App that are due to the lack of the relevant update.
Section 6: Liability
(1) The Licensor shall be liable, including for its legal representatives and vicarious agents, without limitation only in the case of
intent or gross negligence,
injury to life, body, or health
to the extent of a guarantee assumed by the Licensor or
liability under the Product Liability Act.
(2) The liability of the Licensor for slightly negligently breached obligations which are essential for the achievement of the purpose of the contract shall be limited in amount to the damage which is foreseeable and typical according to the nature of the business. In all other respects the Licensor shall not be liable.
Section 7: Rules of Conduct, Termination, and Indemnification
(1) The Licensee is not permitted to store and transmit information and data that violate the rights of other persons via the App.
(2) Both parties may terminate this agreement for serious cause at any time. A serious cause is in particular a violation of Section 7 (1).
(3) In the event of an infringement of third party intellectual property rights by the Licensee, the Licensee shall indemnify the Licensor against all resulting claims and claims for damages as well as the costs of legal defence in an appropriate amount against proof. The indemnification shall be subject to the condition that the Licensor shall only settle or acknowledge the claims asserted by the third party with the prior written consent of the Licensee.
Most recent change: 14/03/2023
Section 1: Subject matter of the contract
(1) The Licensor shall provide the Licensee with the App in the most current version and shall grant the Licensee a non-exclusive and perpetual license to use the App in the form of the object code for installation and use on certain electronical devices.
(2) The Licensor reserves the right to adapt the App so that it only supports communication with NFC chips distributed by the Licensor and not with NFC chips from other companies.
Section 2: Provision
The Licensor shall make the App available for free download in the "App Store" of Apple Inc. and in the "Google Play Store" of Google Ireland Limited. Delays in the provision of the software by the respective app store are outside the Licensor's sphere of responsibility and therefore do not give rise to any claims by the Licensee against the Licensor or any right of the Licensee to terminate this agreement.
Section 3: Fee
The use of the App with the "Free" profile is free of charge. When using the app, connection costs may be incurred between the Licensee and its Internet provider.
Chargeable in-app
1. In addition to the free app, the licensor offers additional functions against payment of a price as an in-app, such as the "Pro" profile. The availability of additional add-ons may vary depending on the country. The currently available in-app functions and the respective valid prices can be viewed in the respective app store (Apple / Google) in the app. The use of the additional functions is compensated with the payment of the usage fee to be paid for the respective usage period. The Licensor may expand the range of additional functions at any time.
2. As long as the use of a function in the app is only possible against payment of a price ("paid in-app"), the licensee will receive information online about the costs incurred, the terms of payment and the other relevant details before access to the respective function is granted. Only after this does the Licensee have the option of using the respective function by clicking on the corresponding button. By clicking on the corresponding button, the licensee accepts the offer to make the paid in-app available in a binding manner and a further contractual relationship arises on the basis of these terms of use.
3. If a time-based usage fee is to be paid, the selected in-app shall be available for the duration of the paid period (e.g. one month or one year). The usage fee shall be paid in advance by way of a direct debit by the respective App Store (Google / Apple) in accordance with the respective agreed usage period (e.g. monthly in advance for a monthly usage period or annually in advance for an annual usage period).
For paid in-apps, the minimum contract term is based on the agreed period of use (for example, one month or one year). After the expiration of the minimum contract term, the contract shall be continued for an indefinite period of time, unless one party terminates the contract by giving notice of (i) one month prior to the expiration of the minimum contract term or the respective end of the term or (ii) the subscription in the App Store (Google / Apple) in accordance with the terms and conditions applicable there. The use of the other functions of the App are possible even after the termination takes effect, provided that the Licensor has no reason to block the user account or to discontinue the app.
Section 4: Processing of data
In the Privacy Policy, the Licensor draws attention to the personal data collected in connection with the Licensee's use of the App and provides information on the rights of the data subject.
Section 5: Warranty
(1) The statutory liability for defects shall apply.
(2) The Licensor ensures that the App complies with the contractual condition at the time of its provision and that its use by the Licensee to the contractually agreed extent in the country of first acquisition of the App does not conflict with any third-party rights. After one year from the date of provision of the App, this shall only apply if the Licensee proves that the App was not in a condition in accordance with the contract at the time of provision.
(3) The Licensor shall provide information on updates to the App on its website, accessible at addmee.de, and shall make the updates available for download in the "App Store" and the "Google Play Store". The Licensee is free to download and install the respective update. If the Licensee does not install the updates provided by the Licensor, the Licensor shall not be liable for any deviations from the contractual condition of the App that are due to the lack of the relevant update.
Section 6: Liability
(1) The Licensor shall be liable, including for its legal representatives and vicarious agents, without limitation only in the case of
intent or gross negligence,
injury to life, body, or health
to the extent of a guarantee assumed by the Licensor or
liability under the Product Liability Act.
(2) The liability of the Licensor for slightly negligently breached obligations which are essential for the achievement of the purpose of the contract shall be limited in amount to the damage which is foreseeable and typical according to the nature of the business. In all other respects the Licensor shall not be liable.
Section 7: Rules of Conduct, Termination, and Indemnification
(1) The Licensee is not permitted to store and transmit information and data that violate the rights of other persons via the App.
(2) Both parties may terminate this agreement for serious cause at any time. A serious cause is in particular a violation of Section 7 (1).
(3) In the event of an infringement of third party intellectual property rights by the Licensee, the Licensee shall indemnify the Licensor against all resulting claims and claims for damages as well as the costs of legal defence in an appropriate amount against proof. The indemnification shall be subject to the condition that the Licensor shall only settle or acknowledge the claims asserted by the third party with the prior written consent of the Licensee.
Most recent change: 14/03/2023