End-User License Agreement
The company viadee Unternehmensberatung GmbH, Anton-Bruchausen-Str. 8, 48147 Münster, Germany, Münster District Court commercial register record HRB 4318, represented by managing directors Martina Wegener and Heinrich Riemann, Tel. +49 (0)251 77777100, Fax: +49 (0)251 77777888, e-mail: firstname.lastname@example.org (hereinafter ‘viadee’) provides the end user (hereinafter ‘the User’) the software called “bestellbar®” for private use on mobile devices (hereinafter ‘the app’). By completing installation you (hereinafter ‘the User’) agree to the terms of the End-User License Agreement outlined below. No other contractual provisions shall become part of this agreement.
2. Object of agreement, usage rights
The object of this agreement is licensing of the use of the app marketed in an AppStore or on the website www.bestellbar.de. viadee is the sole and exclusive owner of the rights to the app. The scope of usage rights granted is exclusively as outlined in these license terms.
viadee grants the User an exclusive, non-transferable right to use the app in accordance with the terms of this End-User License Agreement. The User is prohibited from sublicensing, loaning or distributing the app or rights to use the app in any manner otherwise, including particularly resale and free give-away. The User is prohibited from changing, translating, reverse engineering and/or decompiling the app, and from creating derivative works, beyond use of the provided setting options. Use of the app by the User for commercial purposes is prohibited.
3. Contract conclusion
The marketing of the app in an AppStore and on the viadee website merely represents an invitation to submit an offer, which must be accepted by viadee separately. Acceptance takes place via delivery or allowing of downloading of the software. The respective prices stated on the website or the AppStore where the software is offered apply. Stated prices do not include VAT.
4. Functionalities and user advisories
a) The app bestellbar® gives users the option of placing orders at participating establishments by using the app. bestellbar® simply provides the technical basis for this ordering option. An order gives rise to a contractual relationship exclusively between the participating establishment and the User. The User agrees to hold viadee harmless from any claims of establishment owners in the event of disputes concerning orders placed by the User. viadee shall not be liable for the consequences of intentionally improper or negligent operation of the app.
b) The User can choose an establishment listed in the app and then call up information on the individual products in the product array on file for that establishment (e.g beverage and food menus). The establishments are responsible for their own respective products and price specifications. viadee does not guarantee the accuracy of information provided in such specifications. The offerings outlined furthermore only represent an invitation to users by the respective establishment owner to submit an offer. Tapping on the price button of a product selects it, upon which the price button turns into a buy button. Upon tapping the buy button, a binding order for the product is placed. The user can deselect the product again by tapping any other part of the screen. The User must scan a QR code for every order. The seller provides the corresponding codes for this. Without the code ordering is not possible. The code contains information on the location within the establishment, such as the table number.
Orders placed through the app are accepted upon serving of the ordered product (generally a beverage or food item) at the price stated in the app. Upon request by the owner of the establishment or his agent the User must pay the total price due for his/her orders.
c) The transferring of data via the app may involve costs, depending on the customer’s provider agreement.
d) viadee reserves the right to discontinue offering free usage, or offer for-fee usage only. In particular, viadee may at any time discontinue free usage. The User has no entitlement to unlimited use of these services. viadee furthermore reserves the right to display advertising or have advertising displayed in combination with services provided free of charge. For-fee usage options are only changed if doing so is reasonably acceptable for the customer given both parties’ respective interests, and the primary functionalities remain unaffected.
The app has the functionalities specified in the description, and has been tested to ensure this is the case. Warranty claims for defects are fulfilled by either repair or replacement; the relevant statutory provisions furthermore apply. The User is only entitled to a price reduction or contract withdrawal if viadee has been given a reasonable grace period for remedying the defect. The User has no defect claim if an application update is available which eliminates the defect in question. viadee reserves the right to update, optimise or modify the app at any time. By downloading an update the User accepts the terms of this End-User License Agreement with respect to the updated version.
viadee shall not be liable if unable to properly fulfil obligations under this agreement due to force majeure events. If a delay occurs caused by force majeure events, obligations will be fulfilled as rapidly as reasonably possible under the circumstances.
6. Data privacy
The User consents to non-personal, technical data which identifies the application software and operating system being recorded and transmitted to viadee or viadee’s hired agent for the purposes of maintaining or optimising product functionalities and/or for statistical purposes. When placing an order, viadee or viadee’s hired agent saves the number identifying the mobile device (hereinafter ‘DEVICE ID’), along with the orders placed from that device, the corresponding prices, the name of the establishment and the order timestamp data. Neither viadee nor its hired agent are able to use this data to make any inferences regarding the identity of the User. If the User is reported by any participating establishment due to negligent or intentional misuse, viadee or viadee’s hired agent permanently stores the DEVICE ID to ensure that no further use of the app is possible. The User is then liable for any resulting damages. Before the app records any location-related data, the User is asked for his/her approval thereof in advance. By approving recording the User agrees to his/her location-based data being read and stored. Without this information, the app does not have full functionality. viadee shall bind any hired agent to uphold confidentiality, particularly regarding stored or read User data.
Upon written request by the User, viadee will send the User a listing of his/her personal data and DEVICE ID stored at no charge. It is the User’s responsibility to establish his/her identity and authorisation regarding the DEVICE ID concerned in the request. Incorrect data on file will be corrected upon written request by the User. Users may at any time revoke consent given viadee to use their personal data beyond the statutorily permissible scope.
Order data may be stored and processed on servers located in the USA. The User consents the transfer and temporary storage there.
7. Miscellaneous provisions
a) The law of the Federal Republic of Germany applies.
b) The END-USER LICENSE AGREEMENT FOR LICENSED APPLICATIONS of iTunes Apple Stores owned by Apple Inc. additionally applies, found below and available at http://www.apple.com/legal/itunes/delterms.htmi#SALE; the Google Play Terms and Conditions of Google Play Stores owned by Google Inc. likewise apply, available at https://play.google.com/intl/de_de/about/play-terms.html
c) The invalidity of one or more individual agreement provisions shall not affect the validity of the remaining provisions. Void or invalid license agreement provisions shall in such case be replaced with valid provisions that fulfil the intended commercial purpose of the invalid or void provisions to the closest possible extent.