1. Scope of Application
1.3 The Jimdo Creator App, Jimdo Creator App offers users the ability to easily and easily create a professional and responsive website, including a blog, and edit it anywhere, anytime via this mobile application (app).
2. Content, Scope & Technical Requirements
2.1 The Jimdo Creator App are non- binding. The subject of the contract for the Jimdo Creator App shall be the Jimdo Creator App as stated in the app/service description at the time the of registration.
2.2 The use of the Jimdo Creator App requires a mobile device that meets certain system requirements. An overview of the current system requirements can be found in the Jimdo Support Center. Jimdo is not responsible for compliance with system requirements. This is the sole responsibility of the user.
2.3 The Jimdo Creator App and thereby all content contained therein, can be deleted or uninstalled at any time by the Jimdo Creator App user at the device level, via the settings.
3. Duty to Cooperate
3.1 In using the Jimdo Creator App, the Jimdo Creator App user is obligated to observe the necessary due diligence. In particular the Jimdo Creator App user bears the sole responsibility for the timely and regular saving and securing of their Jimdo Creator App data. This applies in particular to data concerning services and customers.
3.2 In addition, after termination of the contract, Jimdo is entitled to delete all data that are still in the Jimdo Creator App or have been generated via the Jimdo Creator App.
3.4 The Jimdo Creator App user is obliged to design and use the contractual services (i.e. the Jimdo Creator App) in accordance with the legal requirements applicable in the area of the intended distribution/dissemination. In particular, he has to observe the corresponding copyrights, trademark rights, patent rights as well as other industrial property rights and privacy rights of third parties and may not use any files or information with illegal contents or representations and/or make them publicly accessible.
4. Usage Rights and Copyright
4.1 The Jimdo Creator App is subject to copyright protection. For the use of the Jimdo imdo Creator App, the Jimdo Creator App user acquires a simple right of usage for the Jimdo Creator App, which is non exclusive, non transferable and limited to the duration of the Jimdo Creator App usage.
4.2 The sale (including lease, rental, lending or sub-licensing for a fee) or gratuitous offering of the Jimdo Creator App, to or by third parties or others is hereby prohibited. Furthermore, it is also not permitted to change, reverse develop (reverse engineering), decompile, disassemble or determine the program code or source code of the Jimdo Creator App or parts thereof, nor is it permitted to create derivatives thereof or of the Jimdo Creator App itself. The Customer's rights under §§ 69d and 69e Copyright Act remain hereby unaffected.
5. The Jimdo Creator App, Service and Service Improvements
5.1 Jimdo assumes no responsibility for the accuracy, timeliness and completeness of the content that it is made available via the Jimdo Creator App, the selection thereof and of the Jimdo Creator App itself.
5.2 The Jimdo Creator App user is aware that slight inaccuracies and deviations may occur in connection with the analysis of usage data based on currently available methods and technologies.
5.2.1 (a)The Jimdo Creator App are provided “as is” in accordance with the scope as defined by Jimdo and described in the applicable App store and jimdo does not make or express or imply any warranties in this respect.
5.2.2 (b) Without limiting the foregoing Jimdo does makes no warranty of any kind, whether express, implied or statutory or otherwise, including without limitation,warranties of merchantability, fitness for any particular use and noninfringement. Furthermore, jimdo makes no warranties that (i) the use of the Jimdo Creator App is suitable for the needs of the individual Jimdo Creator Appuser or that the service is available without interruption, that it’s secure or without problems, (ii) that problems or issues shall be fixed, (iii) that the use of the Jimdo Creator App is free from viruses or damaging components, or (iv) that the use of the app or the availing of the Jimdo Creator App or other information that is made available within the framework of the use of the Jimdo Creator App (including the Creator views and analysis) are correct, exact, occur in a timely manner or are available in any other reliable form.
5.3 Jimdo does not guarantee that the Jimdo Creator App are compatible with the hardware or software of the mobile device of the customer or Jimdo Creator Appuser. Furthermore, Jimdo makes no guarantee that this content shall be fully available at any time or at certain times and Jimdo also makes no guarantee to fulfill certain performance and functional requirements.
5.4 Jimdo reserves the right to completely or partially, temporarily or permanently cease or change the offer of the Jimdo Creator App or the content that is transmitted via the Jimdo Creator App.
5.5 While Jimdo is committed to the improvement and development of the Jimdo Creator App, it is not obligated to do so. Jimdo reserves the right to extend, change, delete or improve the services or functions of the Jimdo Creator App, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Jimdo is at all times entitled to change the Jimdo Creator App/functions that are provided free of charge, to make new free or fee based functions available, and/or to cease or adapt the provision of free of charge functions. In so doing the legitimate interests of all parties shall be considered as appropriate.
5.6 Jimdo reserves the right to make price changes.
6. Registration, Personal Data and Notifications
6.1 The Jimdo Creator App user is required to maintain strict confidentiality regarding all login data, identification, and passwords and to prevent third parties from accessing their login data. In the event that the Jimdo Creator App user has reason to believe or suspects that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Jimdo immediately and change their login data. The Jimdo Creator App user accepts complete responsibility for any and all actions that are made using their access/login data.
6.2 For contractual purposes (e.g. invoices, important contractual information, major technical changes etc.) the Jimdo Creator App user agrees to receive electronic communications from Jimdo. Should the Jimdo Creator App user not wish to receive such communication pertaining to their Jimdo Creator App contract then the further use of the Jimdo Creator App Services shall not be possible.
6.3 Notifications: Jimdo may contact the Jimdo Creator App user where the Jimdo Creator App user has consented to this contact via email or push notification on the user’s mobile device. Push notifications can be deactivated at any time by the Jimdo Creator App user via their mobile device and device settings. The appropriate information as concerns unsubscribing from newsletters can be found at the bottom of every Jimdo Newsletter.
7. Data Protection and Privacy
7.2 Responsibility to third parties for compliance with the respective data protection regulations when using the Jimdo Creator App services is the responsibility of the Jimdo Creator App user. Insofar as the Jimdo Creator App user collects, processes or uses personal data in the context of the use of the services and no statutory authorization applies, the Jimdo Creator App user must obtain the necessary consent from the person concerned.
7.5 The Jimdo Creator App user is responsible for all data collection and data processing that the Jimdo Creator App user carries out via the Jimdo Creator App. The Jimdo Creator App user or the Controller is the responsible body for the protection and granting of the rights of data subjects. The data subject’s rights are to be exercised towards the controller i.e. the Jimdo Creator App user.
9. Limitations of Liability
9.1 In cases of gross negligence or premeditation we, Jimdo shall be liable for all damages caused by us.
9.2 In cases of minor negligence Jimdo is only liable for damage resulting from death, physical injury or harm to human health.
9.3 Incidentally we are only liable insofar as we have violated an essential contractual obligation. Essential contractual obligations refers abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the user. In such cases liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly user fee for the jimdo site affected.
9.4 Insofar as our liability under the foregoing provisions is excluded or limited, this shall also apply to our agents.
9.5 Liability under the Product Liability Act remains unaffected.
9.6 The Jimdo Creator App user shall upon first request indemnify Jimdo and hold Jimdo harmless against all claims from third parties, against Jimdo as a result of a violation committed by the Jimdo Creator App user against legal regulations, third party rights (in particular personal rights, copyright and/or trademark rights), or as regards contractual duties, representations or guarantees (warranties), including the costs of a legal defense (lawyer’s fees and court costs at the applicable statutory rate). In the event of claims arising from any such behavior, the Jimdo Creator App user is obligated to immediately and completely cooperate and clarify the situation, as well as to make all required entries accessible to Jimdo in a suitable manner.
10. Concluding Provisions
10.1 The laws of the Federal Republic of Germany (with the exclusion of UN international trade law) apply - as far as is legally permissible- to the legal relationship between Jimdo and the Jimdo Creator App user.
10.2 If the user is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of Jimdo.
10.3 If individual regulations of these terms and conditions should be ineffective or become ineffective, that does not affect the legal enforcement of the remaining regulations.
10.4 In the event of any deviations resulting from the translation, the formulation of these terms of service set forth in the German version shall prevail.
10.5 For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr/. Please be aware that Jimdo is not obligated and currently not willing to participate in this alternative, online dispute resolution platform.
Registergericht: Amtsgericht Hamburg
Revised: May 6th, 2018