By downloading the product from the Apple App Store or from the Google Play Store, you have entered into a license agreement for the use of the mofodoro App (hereinafter "App") between you and StapleTech SRL, str 133, no 57, Merisor, Maramures, Romania. (hereinafter "ST")
1. Use of mofodoro app
1.1 Please note that the use of certain functions of the mofodoro App requires or will create an existing data connection of your smartphone, tablet or computer using these functionalities. We therefore recommend using the mofodoro app only in the presence of a data flat rate or a Wi-Fi hotspot, to avoid onerous connection costs.
1.2 By downloading the app in the free basic version, ST grants you for 7 days the non-exclusive, non-exclusive, non-transferable right to use the App on any device owned or owned by you, on which the software is subject to system requirements that you can view before completing these terms in the Apple App Store or the Google Play Store.
1.3 The App is constantly evolving and, therefore, regularly new features and services are offered. Additional features and services within the app are chargeable. In this case, ST will provide you with the prices and features in advance.
1.4 You may not copy, distribute or otherwise make the App available to any third party (including any rental, leasing, loan or sub-licensing) or use it in any other manner reserved to the respective author(s). You may not modify, reverse engineer, decompile, disassemble or otherwise discover the program code of the App or any part of it, or create derivative works thereof. The provisions of §§ 40d, 40e Intellectual Property Act (UrhG) remain unaffected.
1.5 The above terms also apply to any updates / upgrades and enhancements to the App that are made available to you via the Apple App Store or Google Play Store, unless they are subject to a separate license agreement. In this case, only the terms of the valid license terms for the respective update / upgrade or the program supplement are relevant.
1.6 ST reserves all rights for the App.
2. Obligations to cooperate
2.1 When using the App, you must comply with the duty of care required for use and to reasonably review the results generated by the software before use.
You are required to keep all access data such as your user name and password safe.
2.2 You agree that updates, e.g. for troubleshooting, may be automatically installed. If the updates require separate approval, you will be notified before installation. If you do not agree to these additional approvals, no update will be installed and the operation of the App may be affected.
2.3 In case you have acquired the App as an entrepreneur within the meaning of Sec 1 Commercial Code (UGB), the requirement of notification of defects pursuant to Sec. § 377 UGB applies.
2.4 Technical requirements for using the App are listed in the description of the application in the App Store, supported operating systems / versions and devices such as smartphones and tablet PCs.
3. Warranty and liability
3.1 Warranty and liability for free software. For material and legal defects, ST shall be liable, irrespective of the legal basis, only to the extent that ST has fraudulently concealed the respective defect. In addition, ST, its legal representatives and agents are only liable in the event of intentional or gross negligent misconduct for the compensation of any damage resulting from the provision of the software free of charge. Claims under the Product Liability Act remain unaffected.
3.2 Limitation of liability for software acquired for valuable consideration. If you have purchased the App against a consideration, ST shall be liable, regardless of the legal basis, only in accordance with the following provisions:
Under the following preconditions, the liability of ST for damages incurred by you shall, with respect to the amount and in the merits, be solely determined by statutory law:
for damage caused intentionally or through gross negligence,
for damages resulting from non-compliance with written guarantees to the extent covered by the purpose of the guarantee,
in the case of malice,
in the case of bodily injury or personal injury,
in cases of product liability under the Product Liability Act.
In all other cases, the following shall apply: A liability of ST for a slightly negligent breach of only insignificant contractual duties of ST, shall be entirely excluded. Further, the liability for damages caused by ST by slight negligence shall be limited to such damages which typically can be expected during the respective contractual relationship.
The above shall also apply to negligently caused damages by the legal representatives, executives or agents of ST. If you are an entrepreneur within the meaning of Sec 1 Commercial Code, your claim to damages resulting from breaches of this agreement or otherwise due to use of the App by you shall be limited with the value of the compensation paid to ST under this agreement. The above limitations of liability also apply to reimbursement of expenses.
3.3 Insofar as the liability of ST is excluded or limited according to these provisions, this shall also apply to the liability of the cooperate bodies, agents, and employees of ST.
3.4 The warranty period for defects of the software as such as well as of the legal title to software that you have acquired against payment as an entrepreneur shall be 12 months. The liability of ST under statutory law according to Clause 3 second paragraph arising from damages incurred by you due to ST’s fault shall remain unaffected.
4. Accuracy of materials
The materials appearing on ST website could include technical, typographical, or photographic errors. ST does not warrant that any of the materials on its website are accurate, complete or current. ST may make changes to the materials contained on its website at any time without notice. However, ST does not make any commitment to update the materials.
5.1 If you have any problems using the App, you can contact ST as follows:StapleTech SRL
str 133, nr 57, Merisor
5.2 By contacting us, you consent to the use of your personal customer data, which you disclose to ST for problem solving when you contact us, for performance of support services.
5.3 In case of support services, you will be asked for your identification data. You will be able to provide ST, or its customer hotline staff, with the system status via an upload (for example, personal data, configuration data, historical data, system data).
5.4 ST will keep the customer history for 7 years after the last interaction with customer support to handle any requests and fulfill the legal documentation requirements. Problem-specific personal data will be stored for as long as it is necessary to achieve the purposes for which it was identified. Attachments are handled within the statutory retention periods and kept accordingly or automatically deleted within 8 weeks after solving the problem. ST only provides support for the current software version.
5.5 For further information on the handling of personal data please refer to clause 6.
6. Transfer / assignment
6.1 If you temporarily transfer your device on which the App is installed to a third party without charge, you will be responsible for complying with the terms of this Agreement. Any other transfer of rights of use requires our express consent. The transferability can also be excluded by technical barriers of the provider through which the software is distributed.
6.2 Should you permanently outsource the device to a third party, please use the function "Factory settings" in the settings menu. This deletes all user and system data from the device.
7. Transfer / assignment
8.1 ST has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. As soon as Twopeople Software e.U becomes aware of any unlawful activity or information, Twopeople Software e.U will immediately remove this reference.
8.2 The inclusion of any link does not imply endorsement by ST of the site. Use of any such linked website is at the user's own risk.
9.2 By downloading the App, you confirm that you are neither permanently resident in a state subject to US embargo regulations nor designated by the US Government as a terrorist support state, nor are you personally on a list of the US Government. Government over banned or restricted parties.
11. Governing Law, Jurisdiction
Should individual conditions or contractual parts hereof be void, the remaining conditions and contractual parts shall remain in force.