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 UG (haftungsbeschränkt), 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 is free of charge. When using the App, connection costs may be chard by the Licensee’s internet provider.

 

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: 19/08/2022