Legal notices

Imprint, Privacy Policy
and Terms of Service

Imprint

According to § 5 TMG:

Open as App GmbH
Bürgermeister-Kiener-Str. 30
82275 Emmering

Represented by:
Ralf Hertneck

D-U-N-S Number:
313615147

Tax ID:
DE305443020

Contact:
Phone: +49 (8141) 52 849-10
E-Mail: info@openasapp.com

Register:
Register court: Amtsgericht München
Registration nummer: HRB 223282

Reference to EU dispute resolution

The European Commission provides a platform for online dispute resolution (OS): https://webgate.ec.europa.eu/odr
Our E-Mail address can be found above in the imprint.

Disclaimer

Liability for content

As a service provider, we are responsible according to § 7 Abs.1 TMG for own contents on these sides according to the general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obligated to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. A liability in this regard, however, is only possible from the date of knowledge of a specific infringement. Upon notification of appropriate violations, we will remove this content immediately.

Liability for links

Our offer contains links to external websites of third parties on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, we will remove such links immediately.

Copyright

The content and works on these pages created by the site operators are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are for private, non-commercial use only. As far as the contents on this site were not created by the operator, the copyrights of third parties are considered. In particular contents of third parties are marked as such. If you should still be aware of copyright infringement, we ask for a note. Upon notification of violations, we will remove such content immediately.

Privacy Policy

1. General

We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and in accordance with this privacy policy. With the following provisions, we inform you about the type, scope and purpose of the collection, use and processing of your personal data by Cloud Value Equity GmbH. If you accept these privacy policy, you agree to the processing of personal data as set forth below:

2. Responsible Entity

The responsible entity within the meaning of the GDPR is:

Open as App GmbH
Bürgermeister-Kiener-Str. 30
D-82275 Emmering

T: +49 8141 52849-10
E: info@openasapp.com

You can contact our data protection officer as follows:
https://www.dsextern.de/anfragen

DS EXTERN GmbH
Graduate of Commerce Marc Althaus
Frapanweg 22, D-22589 Hamburg/Germany

3. Accessing the Website and using the Software Services

For technical reasons, the following data, which your Internet browser transmits to us or to our provider, is recorded when you access our website or use our software services (so-called server log files):

  • Browser type and version
  • Operating system
  • Website from which you visit us (referrer URL)
  • Website you are visiting
  • Date and time of your access
  • Your Internet Protocol (IP) address


This anonymous data is stored separately from any personal data you may have provided and thus does not allow any conclusions about a specific person. The data is used to ensure a smooth connection to our website and to ensure a comfortable use of www.openasapp.com.

This data processing is performed in accordance with (Art. 28 DSGVO). Our software services are hosted and made available in the Azure Cloud Western Europe. In doing so, data is hosted and availability and usage data is collected. We use the European provider MailJet SAS to send system messages by email (email address). To improve the user experience and for error monitoring, we use Sentry and AppCues, which process data that can be used to identify the user, e.g. an IP address or app ID. For easy access to content within the software services, we use Branch.io to provide deep links that may also be linked to a user ID. Branch.io uses various features to recognize your device so that it can display the content intended for you after you have installed the app. An “opt-out” for this so-called fingerprinting is possible via the following page: https://branch.app.link/optout.

The legal basis for the data processing is Art. 6 (1) sentence 1 f) GDPR. Our legitimate interest arises from the data collection purposes listed above.

You can also use data that you provide to other cloud providers – Google OAuth/Google Sheets/Google Drive/OneDrive/Dropbox – to create the app. Interaction with these third-party providers only takes place with explicit consent, Art. 6 (1) 1 lit. a) GDPR.

4. Registration or Request for Contact

When you contact us through the contact form provided on our website, we collect the following personal data to process your request:

4.1. Use of Contact Form:

  • Company
  • Title
  • First name, last name
  • E-mail address
  • Telephone number; fax number (optional)
  • Address (optional)


Data processing when using the contact form is carried out to process your enquiries from existing contractual relationships or in the run-up to the conclusion of a contract (Art. 6 para. 1 lit. b) GDPR. In addition, we store the collected data to protect our legitimate interests (Art. 6 para. 1 lit. f) GDPR) in the context of maintaining existing and initiating new customer relationships.

4.2. Customer Registrations:

  • Company
  • Title
  • First name, last name
  • E-mail address
  • Telephone number; fax number (optional)
  • Full billing address (street, postcode, town/city)


Data processing when ordering software services at www.openasapp.com is carried out in accordance with Art. 6 para. 1 sentence 1 lit. a) GDPR on the basis of your voluntarily granted consent or to fulfill our legal obligations to fulfill the contract (Art. 6 para. 1 lit. c) GDPR).

5. Customer Support

In order to process your support requests, we collect, store and process the following data:

  • Company
  • Title
  • First name, last name
  • Email address
  • Telephone number
  • Content of the support request


Your IP address, email address and your request are processed with Zendesk. You actively enter the email address when creating a ticket in the help section. The technical provision of the support is done via Readme.io. If you leave comments there, your email address may be passed on to Readme.io. We store this data as long as your account exists.

Data processing for the provision of support services is carried out in accordance with Art. 6 Para. 1 S. 1 lit. a) DS-GVO on the basis of your voluntarily granted consent or to fulfill our legal obligations to fulfill the contract (Art. 6 Para. 1 lit. c) DS-GVO).

6. SSL encryption

Our site uses SSL encryption for security reasons and to protect the transmission of confidential content. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

7. Newsletter and Marketing-Information

If you have given your express consent in accordance with Art. 6 (1) sentence 1 a GDPR, we will use your e-mail address to regularly send you our newsletter or other marketing information. To receive the newsletter, we store

  • title (Mr/Mrs/Ms)
  • first name, last name
  • e-mail address


Your registration will be verified using a double opt-in procedure. We also document the registration data in order to be able to track the registration/confirmation or deregistration if necessary. You can unsubscribe at any time, for example via a link at the end of each newsletter.

We use the user profile data and the use of the account or your role in the account to design information according to your needs and interests.

We use third-party systems to process all of the above data. With HubSpot, we improve our services, provide advertising content and automate information processes. With the Calendly service, you can make appointments with us directly. We use Microsoft Dynamics 365 to manage our sales and customer data. We use Stripe and Quaderno as a payment service for credit card processing, where contact and financial data are processed. Wista is used to provide videos in our services and marketing information. When a movie is accessed, an IP address is transmitted.

8. Cookies and use of website tracking and analysis tools

We use so-called “cookies” on our site to recognize multiple use of our offer by the same user/internet connection owner. Cookies are small text files that your Internet browser stores on your computer. They serve to make our Internet presence and our offers more user-friendly, more effective and safer. The use of cookies is based on your explicit consent, Art. 6 para. 1 lit. a) GDPR.

You can configure the cookie settings yourself. By default, all cookies are disabled when you first visit our website. You can then either agree to all cookies, select or deselect specific cookies, or reject all cookies. Tracking will only become active once a selection has been made. We distinguish between (i) cookies necessary for the function (“function”), e.g. to simplify dialogues on a subsequent visit, (ii) analytical cookies (“measurement”) e.g. to compile statistics on the use of this website and (iii) advertising cookies (“marketing”) to offer you interest-based advertising and content. Details of how the cookies work are described below.

We use the Consent Management Platform (CMP) usercentrics, a service of Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich, to manage your cookie settings. Through usercentrics, your consent to the storage of certain cookies on your device is obtained and documented. When you access www.cloud-value.com, a connection is established to the servers of usercentrics in order to obtain your consent to the use of cookies. In doing so, usercentrics stores a cookie in your browser in order to be able to personally assign the consent given or its revocation to you. The use of usercentrics is based on Art. 6 para. 1 p. 1 lit. c) GDPR to obtain the legally required consent for the use of cookies.

9. Use of social media plugins

We use social plug-ins from the following social networks on our website:

  • Facebook, betrieben von der Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA („Facebook“)
  • X, betrieben von der X Corp. 865 FM 1209, Building 2, Bastrop, TX 78602, USA („X“)
  • LinkedIn, betrieben von der LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA („LinkedIn“).
  • Instagram, betrieben von der Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA („Instagram“)


When you visit a website that contains such a plug-in, your browser establishes a direct connection with the servers of the respective social network. Through this integration, the social network receives data about which website you have accessed, even if you do not have a user profile or are not currently logged in. If you have an account and are logged in, the operator of the social network can assign the visit to your social media account. If you interact with the plugins, the corresponding information is transmitted to the social network and stored there. Your IP address is stored in a shortened form. The determined data is transmitted by your browser directly to a server of the social network and stored there. For operators of social networks based in the USA, a transmission of your personal data to the USA takes place.

The social plugins allow you to share content from the websites on social networks.

We use social plugins if you have consented to this. We obtain your consent when you call up our websites via the cookie banner, Art. 6 para. 1 lit. a) GDPR.

You can prevent the collection and processing of data by the social networks by selecting the appropriate setting in your browser.

If you do not want the social networks to directly assign the data collected via our websites to your user profile, you must log out before visiting our websites. You can find more information in the data protection notices of the social networks at

  • http://www.facebook.com/policy.php
  • https://x.com/de/privacy
  • https://de.linkedin.com/legal/privacy-policy?
  • https://help.instagram.com/155833707900388/

 

10. Data subject rights

You have the right:

  • in accordance with Art. 15 GDPR to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making, including profiling and, if applicable, meaningful information about its details;
  • in accordance with Art. 16 GDPR to demand the correction of inaccurate or incomplete personal data stored by us without delay; pursuant to Art. 17 GDPR to request the deletion of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or
    defense of legal claims;
  • to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR, insofar as the correctness of the data is disputed by you, the processing is unlawful, but you object to its deletion and we no longer require the data, but you need it for the assertion,  exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 GDPR;
  • pursuant to Art. 20 GDPR to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller;
  • to revoke your consent at any time in accordance with Art. 7 para. 3 GDPR. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future and
  • complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of  residence or workplace or our registered office.

 

11. Right of objection

If your personal data is processed on the basis of legitimate interests, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, insofar as there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation. If you wish to make use of your right of revocation or objection, it is sufficient to send an e-mail to info@openasapp.com

12. Change of this privacy policy

Due to the further development of our website and our services or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current privacy policy at any time on the website at https://openasapp.com/data-protection-statement/ .

General Terms and Conditions for the Use of Software Services

1. General

The software services (“Software Services”) offered by Open as App GmbH (“OaA”) as standard software by way of subscription include a cloud-based instant app creator enabling the Customer to create its own apps from calculations, lists and forms or certain other Customer content (“Customer Content”). The Customer can share these apps with third parties (e.g. in a team, with its own customers or partners) and use them during the term of the subscription. The Software Services can be used via the OaA website www.openasapp.com as a web application and corresponding mobile applications. All data is processed and stored by OAA on a Microsoft cloud infrastructure exclusively in Europe. The functionalities of the Software Services are described in the product description available under Help Center.

2. Scope

The use of the Software Services is permitted exclusively in accordance with these General Terms and Conditions for the Use of Software Services (“Agreement”). By commencing use of the Software Service, the Customer accepts the validity of this Agreement in its latest version. The terms of this Agreement shall apply to all upgrades, updates, changes and updates of the Software Services (“Releases”) as well as to all services and information available through the use of the Software Services, unless separate provisions are made for these, which shall then take precedence. The relationship between OaA and the Customer shall be governed exclusively by this Agreement; any terms and conditions of the Customer that conflict with or deviate from this Agreement or from statutory provisions shall not apply, even if OaA has not separately objected to them.

OaA may amend this Agreement from time to time. OaA shall notify the Customer of the amended Agreement, highlighting the changes and setting a reasonable deadline for objection. If the Customer does not object to the changes within this period and continues to use the Software Service after this time, this shall be deemed as acceptance of the amended Agreement. OaA shall draw the Customer’s attention to this consequence together with the notification of the amended Agreement. In the event of a timely objection by the Customer to the amended Agreement, OaA may terminate the Customer’s right to use the Software Service.

3. Provision of Software Services; Support

This Agreement comes into effect upon the installation of a corresponding app, the first use of the Software Services or upon completion of registration for the Software Services, whichever occurs first.

OaA shall provide the Customer with the latest software version (“Release”) of the Software Services operated by OaA on the infrastructure of a cloud service provider.

During the term, OaA shall ensure the maintenance and security of the Software Services, develop them further at its own discretion and provide the Customer with corresponding new versions of the Software Services.

Depending on the purchased license model, OaA provides different kinds of support for the Software Services. Details can be found in the feature overview of the selected license model.

4. Registration, Password

Use of the Software Services is only permitted after prior registration. The Customer must provide certain information (contact details, company name if applicable, etc.) (“Registration Data”) and set a password. This creates an account for the Customer.

There is no claim of the Customer to conclude an Agreement in order to use the Software Services. OaA may reject any registration request or any attempt at use at any time without giving reasons. OaA’s contractual performance obligations in the case of agreed fee-based use remain unaffected.

If the Software Services are used by companies or other legal entities, the respective company or legal entity is represented by the acting person at the Customer’s premises and must accept responsibility for its actions and knowledge.

The Customer is obliged to provide correct, current, and complete Registration Data and to always keep the Registration Data current and complete.

The Customer is obliged to always keep its password secret and safe and to take all other reasonable measures within his area of responsibility to prevent unauthorized access to his user account.

Instructions issued using the Customer’s Registration Data in the context of the use of the Software Services are deemed as instructions of the Customer. The Customer is responsible for all activities conducted by using his Registration Data.

The Customer must notify OaA immediately if it becomes aware of any unauthorized use of its Registration Data or if it suspects such use.

5. Order Process

After registering, the Customer can order the respective Software Services using the electronic ordering function provided by OaA. The order process follows three steps: In the first step, the Customer selects the respective license model and the contract term (monthly or annual). In the second step, the Customer’s data is confirmed, amended if necessary and the payment method selected. In the third step, the Customer can carry out a final check of the order and send it to OaA with binding effect by clicking the order button. This constitutes a binding offer. The Customer then receives an e-mail confirmation of receipt and acceptance of the order. The Agreement is concluded upon receipt of this e-mail.

An order can also be placed outside the electronic ordering function offered by OaA by submitting the necessary details in a written form order followed by a written order confirmation from OaA to the Customer.

6. License Models

6.1. Test License

For internal test purposes, the Customer may use the full scope of features of the Software Services for a test period of 30 calendar days after registration free of charge. The same applies if the Customer exceeds the features of the ordered license model.

For the duration of the test period, OaA shall grant the Customer rights of use in accordance with Section 7. OaA is not responsible for defects during the test period. Liability for damages is excluded.

At the end of the test period, the test license ceases automatically without the need for termination. The same applies to the right to use the apps created with the Software Services. If the Customer decides to purchase a subsequent license, the scope of features is subject to the selected license model. After 6 months following the end of the test period, the Customer’s Registration Data and the data of the created apps will be permanently deleted. Until the deletion or the purchase of a subsequent license, the Customer can continue to create apps as drafts. Such draft apps can neither be published nor used.

6.2. Non-profit License

Upon request, a non-profit license can be granted to non-profit organizations or educational institutions. The non-profit license entitles to use the Software Services at reduced conditions. The functional scope of the non-profit license is based on the feature overview (Annex 1).

A non-profit license can only be granted after registration and submission of the necessary and suitable evidence. The granting of non-profit licenses is subject to the approval of OaA. The granting of approval is at the sole discretion of OaA.

Non-profit licenses may not be transferred, leased, or resold to other organizations or individuals, even if they would also be entitled to a non-profit license.

6.3. Commercial Licenses

OaA has defined various plans for the commercial use of the Software Services, which are described in more detail in the pricing model https://www.openasapp.com/pricing . The functional scope of the plans can be found in the feature overview (Annex 1). The plans differ in their features, the number of users and/or devices accessing Public Apps and Private Apps included in the plan as well as in the license fee. Depending on the selected plan and acquired additional user licenses (if any), the Customer may grant access to the apps created with the Software Services to its users (e.g. employees or business partners). Additional users shall exclusively comprise natural persons who have registered on the OaA website, stating their first name, surname and e-mail address.

6.4. Public Apps

The number of possible users and/or devices on Public Apps depends on the ordered plan. Public Apps may be freely distributed via a link or integrated into a website. Users do not need to register for the use of Public Apps. Public Apps may not exclude users from accessing the app and the associated data, e.g. through upstream authorization, in-app login, or authorizations on the underlying data sources.

6.5. Private Apps

The number of users to Private Apps depends on the ordered plan and acquired additional user licenses (if any). Private apps are only available by invitation. Customer may restrict access. Invited users must therefore register or log in to OaA.

7. Rights of Use

7.1. Scope

Against payment of the respective license fee, OaA shall grant the Customer a simple, non-exclusive, non-transferable right, limited to the term of this Agreement, to use the Software Services for the purposes for which they are made available by OaA in accordance with this Agreement. The scope of use is limited to the functional scope of the respective license model.

7.2. Restrictions of Use

In particular, the Customer may not (i) copy the Software Services and the components used for their provision, except for archiving purposes or if this is absolutely necessary for authorized use; (ii) modify, adapt or create derivative works thereof; (iii) publish, disclose, sell, rent, lease, lend, distribute, make available online, sublicense or make available to a third party without the prior written consent of OaA. Customer may not remove or alter copyright notices or other references to intellectual property. Access to source codes is not included in the license. Customer may not decompile, disassemble or reverse engineer components of the Software Services, unless otherwise stipulated by mandatory law or this Agreement.

7.3. Open Source Licenses

Parts of the Software Services or the components used for them may be subject to open source licenses, which then take precedence over the above provisions of sections 7.1 and 7.2 . In such cases, OaA shall make the object code or the source code available to the Customer, insofar as the provision of the object code or the source code is stipulated in the terms of use of the relevant open source license. Insofar as this is necessary for the lawful use of the Software Services, the applicable open source license conditions are listed in the portal for registered Customers. By using the Software Services, the Customer accepts these open source license conditions. In the event of contradictions, they shall take precedence over this Agreement.

8. License Audit and Overuse

OaA is entitled to audit the contractually agreed use of the Software Services at any time by means of suitable measures. If OaA discovers use that exceeds the acquired features, the Customer must refund the determined license fee from the beginning of the overuse. The plan must be adjusted accordingly for future use if the corresponding feature is further to be used.

9. Remuneration

The applicable remuneration for the respective license model at the time of the order confirmation https://www.openasapp.com/pricing shall apply. The remuneration is subject to the applicable statutory value added tax.

OaA may alter the license fees for the Software Services by unilateral declaration with a notice period of at least one month and shall inform the Customer in writing. If the Customer has ordered the Software Services with an annual termination option, an alteration to the license fee is only possible with a notice period of 3 months and, in the event of a price increase, the Customer may terminate the Agreement with effect from the date on which the price increase comes into effect. The Customer shall exercise the right of termination in writing within one month after receiving the notification of the price increase. If the Customer does not exercise his right of termination, the price alteration shall automatically take effect on the announced date.

Invoices are issued in advance for the agreed term (month/year). Invoices are immediately due upon receipt and shall be subject to payment within 14 days. After expiration of the payment period, the user is automatically in default.

10. Obligations of the Customer

10.1. Customer Content

The Customer may convert Customer Content into an app created with the Software Services and may make this app, including the Customer Content, available to third parties. The Customer shall be deemes as service provider of the apps created with the Software Services. The Customer shall ensure compliance with any and all statutory provisions applicable to service providers.

10.2. Warranties

Insofar as the Customer provides OaA with Customer Content when using the Software Services (e.g. uploads it to a data storage provided by OaA), the Customer shall ensure in particular that (i) the Customer has the rights required for OaA to provide the Software Services and has obtained all necessary consents; (ii) the use of the Customer Content required for OaA to provide the Software Services does not violate any copyrights, trademark rights, patent rights, trade secrets or other rights of third parties (e.g. data protection law or other personal rights); (iii) the transmission of the Customer Content and its contractual use by OaA to provide the Software Services does not violate any other laws or rights (e.g. data protection law or other personal rights); and (iv) the transmission of the Customer Content and its contractual use by OaA to provide the Software Services does not violate any other laws or rights (v) the transmission of the Customer Content and its contractual use by OaA for the provision of the Software Services does not violate any laws or rights, and the Customer Content does not contain any viruses, Trojans or other malware. In particular, the Customer Content shall not contain any pornographic, violence-glorifying or inciting content. The Customer shall inform OaA immediately as soon as there are any indications of a breach of the warranties described above.

10.3. Responsibility of the Customer

The Customer shall use appropriate and up-to-date security devices (firewall, virus scanner, etc.) for its own protection and to protect the Software Services.

The Customer is responsible for the Customer content and other data processed with the Software Services. OaA is not obliged to check Customer Content for legal violations. However, OaA is entitled to refuse to process the Customer Content through the Software Services or to delete transmitted Customer Content if, at OaA’s sole discretion, there are indications that its use violates this Agreement or could lead to legal violations.

10.4. Non-compliance with Obligations

OaA may block the Customer’s access to the Software Services at any time if the Customer breaches its obligations under this Agreement (in particular but not limited to the warranties in Section10.2 ). For indemnification see section 13

11. Material defects

11.1. Responsibility of OaA

OaA makes no representations or warranties that the Software Service (i) will be compatible with User’s hardware or software; (ii) will be available at all times or at specific times without limitation; (iii) will meet User’s requirements or any other specific performance or functional requirements not agreed to in this Agreement; (iv) will not cause loss of data; (v) will be free of viruses, malware, interference or other components that may compromise security.

11.2. Subsequent performance

If the Customer discovers a defect in the Software Service, he shall inform OaA immediately and describe the defect and the circumstances surrounding its occurrence in as much detail as possible. OaA shall endeavor to remedy the defect within a reasonable period of time. The obligation to remedy defects is limited to the Software Service and does not cover the apps created using the Software Service. If necessary, the Customer must recreate the desired app with the Software Service after OaA has rectified the defect.

11.3. Rights of the Customer

Only after two failed attempts at rectification can the Customer (in the case of paid use) demand an appropriate reduction in the remuneration for the respective calculation period or terminate the contract for good cause if it is no longer reasonable to expect it to continue. The limitations in Section12.2 shall apply to the Customer’s claims for damages.

12. Liability

12.1. Principle

OaA shall be liable to the Customer without limitation for personal injury, intent, gross negligence or fraudulent misrepresentation as well as other cases of mandatory liability that cannot be excluded by statutory law.

12.2. Limitation of Liability

In the event of a slightly negligent breach of material contractual obligations, OaA shall only be liable up to the amount of the foreseeable damage typical of the contract. A material breach of contract exists if the breach of duty relates to a duty on the fulfillment of which the Customer has relied on and was entitled to rely on.

13. Exemption

The Customer shall indemnify OaA, its officers, employees and subcontractors against all claims and demands of third parties and against all losses, damages, costs and expenses, including reasonable legal defense costs, resulting from (i) any use of the Software Service not in accordance with this Agreement or (ii) any violation of laws or rights of third parties by Customer Content, the Customer or any person whom the Customer permits to use the Software Service and for which the Customer is responsible.

14. Term and termination

This Agreement shall enter into force at the time set forth in section 3 and shall apply for the respective term.

Termination is only possible at the end of the respective term. If no notice of termination is given, the term is automatically renewed by the originally ordered period (i.e. one or twelve months). For monthly terms, the notice period is 14 days to the end of the month; for annual terms, the notice period is 30 days to the end of the contractual year.

The right to terminate this Agreement for cause remains unaffected in all cases. A cause for such a termination is in particular given if

  • the Customer repeatedly breaches material provisions of this Agreement and does not remedy such a breach within a reasonable period of time.
  • the Customer is more than two (2) months in default with payments. The same shall apply if the amount in default corresponds to the amount that would be due for payment within two (2) months.

 

After termination of this Agreement, the Customer must permanently delete all copies of components of the Software Services that are still stored on devices controlled by the Customer. It cannot be guaranteed that apps created with the Software Services will continue to function after the end of the Agreement.

OaA reserves the right to modify, suspend or discontinue the Software Services in whole or in part at any time without notice. In the event of a permanent discontinuation or significant restriction of the Software Services, any remuneration paid in advance for the relevant period of use will be refunded (pro rata if applicable).

15. Confidentiality and Data Protection

The Customer undertakes to keep confidential for an unlimited period of time all information that becomes known to him in connection with this Agreement and the services provided under it, which is designated as confidential or is recognizable as confidential or as business or trade secrets due to other circumstances, and to use it only for the purposes of this Agreement.

OaA shall store and process personal data transmitted by the Customer exclusively for the provision of the Software Services and in compliance with the applicable data protection laws. The Customer must ensure that any transfer of personal data to OaA (in particular as part of the Customer Content) is conducted in accordance with the applicable data protection laws. If necessary, OaA is prepared to conclude a data processing Agreement with the Customer in accordance with Art. 28 GDPR.

OaA expressly points out that Customer content is stored using cloud services provided by subcontractors of OaA. Customer content is not stored at locations outside the EU and the EEA.

Insofar as OaA collects and processes personal data in the context of the Customer’s use of the Software Services, this is conducted in accordance with the privacy policy, which is available at https://openasapp.com/data-protection-statement/ .

16. Miscellaneous

Should any provision of this Agreement prove to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected. In place of the invalid provision, the valid and enforceable provision that comes closest to the legal and economic intentions of the parties shall be deemed to have been agreed with retroactive effect.

Additional agreements must be made in writing.

Insofar as the written form is required for declarations in this Agreement, a declaration in text form is sufficient. This does not apply to notices of termination pursuant to section11 , for which the statutory written form pursuant to Section 126 (1) of the German Civil Act applies.

German law shall apply to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. If the user is a merchant within the meaning of the German Commercial Code, the place of jurisdiction shall be the registered office of OaA.