Posted on 23. February 2022 by Jan Bunk
Terms and conditions for webtoapp.design, owner Jan Bunk, Allgäustr. 19, 87493 Lauben, Germany ("webtoapp.design")
1.1. webtoapp.design offers software tools and services (software) for the creation of mobile applications (apps) based on existing websites.
1.2. The software is provided exclusively on the basis of these terms and conditions. The customer's terms and conditions shall only apply if webtoapp.design expressly agrees to them.
1.3. Individual agreements between webtoapp.design and the customer shall take precedence over these terms and conditions.
2.1. Customers can create a mobile app and purchase additional features in return for payment of a one-time fee or a subscription.
2.2. A manual adjustment of the app is not subject matter of the contract. If manual adjustments are made by webtoapp.design, this shall be done on a goodwill basis.
2.3. The submission of apps to the Apple and Google app stores shall be made by the customer himself. If the app is rejected, the customer shall not be entitled to demand a refund of the fee paid outside of his right of withdrawal. If the customer's app is rejected, the customer may contact webtoapp.design support with a request for assistance.
3.1. The contract shall be concluded by means of an order placed by the customer and confirmation by webtoapp.design.
3.2. An order by the customer requires that he provides the information requested in the dialogs. By making a payment to webtoapp.design or the merchant of record Paddle, the customer places a legally binding order.
3.3. webtoapp.design shall accept the order by sending a message by e-mail. webtoapp.design reserves the right not to accept orders if the customer's website is not compatible with the app creation process or if it is suspected that the Customer's website has illegal content or is harmful to other persons.
3.4. Customers have the right to withdraw from a contract within 60 days after the conclusion of the contract without giving reasons. In this case, the customer will be refunded the paid remuneration. At the same time, the app will be deactivated and may no longer be used by the customer.
3.5. The order process is handled by the company Paddle as a so-called merchant of record. The processing includes payment, invoicing, complaints, refunds and customer service requests. Contractual partner is webtoapp.design.
4.1. The software of webtoapp.design enables the automatic creation of a mobile app from an existing website. The prerequisite is that the website meets certain technical requirements. Additional features can be added. These include, for example, password protecting apps.
4.2. The app establishes a connection to the servers of webtoapp.design when it is launched and starts a query of certain parameters. Furthermore, the customer can send push messages to app users via webtoapp.design's servers. Without establishing a connection to the servers of webtoapp.design, the app can only be used to a limited extent and with a possibly outdated configuration.
4.3. Once the app has been launched, website content can be viewed and used via a built-in browser.
4.4. The customer is obliged to independently check the desired function of his app. Unexpected functions or errors in the app can be reported to webtoapp.design. webtoapp.design is not obliged to adjust the function of the app. If webtoapp.design adjusts the unwanted behavior or initiates the adjustment (e.g. by notifying the maintainer of the open source project causing the unwanted behavior), this shall be done on a goodwill basis.
4.5. The app can be used by a limited number of users depending on the customer's selected plan.
5.1. The prices displayed on the webtoapp.design website shall apply. Prices include the statutory sales tax. If the customer's place of residence or business is abroad, there may potentially be no sales tax charge.
5.2. Apps can be purchased with either a one-time payment or a subscription. The included services may vary as described on the webtoapp.design website.
5.3. Switching from a subscription plan to a one-time payment is possible, however payments made during the duration of the subscription do not count towards paying off the one-time purchase.
5.4. After the cancellation of a subscription the app will be deactivated and may no longer be used.
5.5. The price for the app includes the server costs, but not additional services. These are to be ordered for a separate fee.
5.6. The customer is obliged to pay the fee in advance. The app will only be provided after receipt of payment.
6.1. If the customer already has an existing app from another provider in an app store, the app created with webtoapp.design can be offered as an update in the app store, provided the customer grants access to the necessary signature keys and developer accounts. This service will be charged with the specified amount.
6.2. Updates of certain settings, for which no update has to be created in the app store, can be carried out by the customer at any time free of charge.
6.3. Updates for which an update must be submitted to the app stores can be created for a fee. Some plans may include free updates.
6.4. There is no entitlement to an adaptation of the webtoapp.design software to changed operating system requirements or changed guidelines of the app store operators.
6.5. In order to ensure that webtoapp.design can create updates for an app if necessary, the keys used to sign the app are stored by webtoapp.design. webtoapp.design does not guarantee the permanent storage of the keys and recommends that customers download and store the keys themselves. In case of loss of the keys, the customer can request a reset from the app stores.
7.1. The customer shall receive the finished App in compiled form. The compiled app is uploaded to the customer's developer account with an app store operator. Alternatively, the customer receives a link to download the app.
7.2. The customer shall be granted the right to use the created app, to publish it and to offer it for use to third parties for a fee or free of charge. There shall be no claim to the transfer of the source code. This does not apply to open source software that was not created by webtoapp.design.
7.3. The customer may only create apps for websites to which he has the necessary rights or rights of use. By placing an order, the customer authorizes webtoapp.design to use the specified website within the scope of the app.
8.1. In the event of product defects, the customer shall have the statutory warranty rights. A product defect exists if the created app does not display the website correctly and this is not due to the website itself.
8.2. A warranty exists only for product defects that exist at the time of the app creation. In case of defects due to later changes to the website by the customer, there is no warranty claim.
9.1. German law shall apply.
9.2. The exclusive place of jurisdiction shall be the registered office of webtoapp.design if the customer is a merchant within the meaning of the german commercial code.