iMobileSitter End User License Agreement
The iMobileSitter Application is licensed to You by MobileSitter GmbH, located at Rheinstrasse 75, 64295 Darmstadt, Germany (hereinafter: Licensor) for use only under the terms of this license agreement.
By downloading the Application from the Apple AppStore You accept this license agreement.
The parties of this license agreement acknowledge that Apple is not a Party to this license Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof.
All rights not expressly granted to You are reserved.
1. The Application
The iMobileSitter Application (hereinafter: Application) is a software created for the management of personal secrets - such as passwords, PINs, and TANs - and customized for Apple mobile devices. It is used to encrypt personal secrets by means of a master password exclusively known to the user which is also used for later decryption.
Furthermore, secrets stored in encrypted form can also be exported to other devices for the creation and keeping of backup copies of the data.
2. Scope of License
2.1 You are granted a non-exclusive, non-sublicensable, non-transferable right to install and use the Application on any Apple mobile devices that You own or control and which supported by the Application as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms of Service.
2.2 This license will also govern any updates of the Application provided by Licensor that replace and/or supplement the original Application, unless such update is accompanied by a separate license in which case the terms of that license will govern.
2.3 You may not distribute or make the Application available to third parties (unless to the extent permitted by the Apple Terms and conditions) lend, rent, lease, sell or otherwise redistribute the Application.
You may not decompile, reverse engineer, disassemble, translate, integrate, adapt, create derivative works or updates of, or attempt to derive the source code of the Application, or any part thereof.
2.4 You may not copy (except as expressly permitted by this license and the Usage Rules) or modify the Application of parts thereof. You may create and store copies only on devices that You own or control for backup keeping in accordance with the terms of this license, the App Store Terms of Service and any other terms and conditions that apply to the device or software used. Care must be taken that no unauthorized third parties gain access to these copies at any time.
2.5 Violations of the aforementioned obligations as well as the attempt of such violation may be subject to prosecution and damages.
2.6 Licensor reserves the right to modify the terms and conditions of licensing
2.7 Nothing in this license is construed to restrict third party terms. When using the Application You have to ensure that you comply with applicable third party terms and conditions.
3. Technical Requirements
3.1. The Application is designed for the use on Apple iPhone but supports also other Apple mobile devices, such as iPod touch and iPad . It requires an operating system v. 4.0 or later. Using the latest version of the operating system is recommended.
Even though Licensor endeavors to keep the Application updated so that it complies with modified/new versions of operating systems and mobile devices, no right to claim such update is granted to You.
3.2 In order to use the data securing feature for keeping backup copies, Your mobile device needs to be set up for "Apple iTunes" and an e-mail account has to be installed.
3.3 You acknowledge that it is Your responsibility to verify and ascertain that the device on which you intend to use the Application fulfills the technical requirements mentioned above.
3.4 Licensor reserves the right to adapt the technical requirements as it sees fit at any time.
4. Updates and Application versions for other Apple mobile devices
4.1 Licensor endeavors to make available updates and Application versions for Apple mobile devices which are not yet supported by the Application and which are considered relevant from its point of view. The decision, for which models of mobile devices Applications versions will be provided is at the sole discretion of Licensor. You shall have no legal claim that Licensor provides You with an update or executable version for a particular device.
4.2 Updates and versions of the Application for other Apple mobile devices - if any - will be made available in the App Store for download.
5. User Obligations regarding data backups for possible software conflicts
By the duty of reasonable care You are obliged, before installing the Application to investigate if the installation of the Application might lead to conflicts with other software installed earlier and to ascertain that You have made backup copies of all of Your data before the first installation of the software.
Additionally, You are obliged to create further backup copies during the continued use of the Application, and to take all further reasonable precautions against software errors.
6.1 Licensor warrants that the Application is free of viruses, trojan horses, spyware or any other malware at the time of Your download. Licensor also warrants that in all essential points the Application works as described in the user documentation, provided the Application is executable on the device, it has not been modified, it has not been installed or combined with by other incompatible software and provided that no other reasons out of Your sphere of influence affect the executability of the Application.
You are obligated to examine the Application immediately after installing it and complain about faults discovered without delay by e-mail or letter to the Contact address provided under Section 9. Claims due to obvious defects can only be made if the defects are reported to the Licensor within a period of 14 days after discovery. The report is considered as being in due time if it has been mailed within this period.
6.2 If the Application proves to be defective, Licensor shall first be given the opportunity to supplementary performance - depending on the nature of the defect and other circumstances also repeatedly - either by means of remedying the defect or substitute delivery.
6.3 In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the Application to You. To the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty.
6.4 Warranty of the Licensor is excluded in the case that faults or defects are caused by unauthorized modification of the Application, inappropriate or culpable handling, by combination with inappropriate hard- or software, or by use of inappropriate accessories, regardless if by Yourself or by third parties.
Claims for damages on account of defects of the Application can only be made under the conditions listed in Section 7.
6.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to 12 months after the software has been provided to the user. For users who are consumers the statutory periods of limitation given by law apply.
7.1 Licensor's liability in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of violation of essential contractual obligations (cardinal obligations) Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The aforementioned limitation of liability does not apply to damages to life, limb and health.
7.2 Licensor takes no responsibility and liability in case of loss of the master password, inaccessibility and loss of secrets encrypted by means of the Application as result of the loss of the master password.
You acknowledge that the administration of the master password chosen by You is entirely on Your own responsibility. You are aware that If You forget the master password, or lose it in any other way, the master password cannot be reconstructed and you will not be able to access Your secrets again; neither the Application nor the Licensor can achieve a reconstruction. This exclusion of liability explicitly extends to damages arising to You from the ensuing unavailability of Your secrets. To prevent loss of data, You are demanded to make use of backup functions of the Application to the extent allowed by applicable third party terms and conditions of use.
7.3 Licensor takes no responsibility or liability for any damage caused due to a breach of obligations according to Section 2 of this Agreement. This exclusion of liability explicitly extends to damages arising to You from the inaccessibility of Your personal secrets. You are aware that in case of modifications or manipulations of the Application, You will not have access to Your secrets stored in encrypted form any longer.
8. Legal Compliance
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
In case of questions, complaints or claims with respect to the Application please contact:
Name: iMobileSitter Support
Address: Rheinstrasse 75, 64295 Darmstadt, Germany
10. Consent to Use of Data
You agree that Licensor may collect and use technical data and information, including but not limited to technical information about Your device, system and application software that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products.
The license is effective until terminated by a party to it. Your rights under this license will terminate automatically and without notice from the Licensor if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
12. Third Party Beneficiary
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement" Apple and Apple's subsidiaries shall be third party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third party beneficiary thereof.
13. Applicable law
This license agreement is governed by the laws of the Federal Republic of Germany excluding its conflicts of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
14.1 If any of the provisions of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.
14.2 The rights and obligations deriving from an agreement made between the parties on the basis of these regulations cannot be transferred to any third party.
14.3 Licensor is entitled to change these terms and conditions, in which case it will inform You of the changes being effected. Such changes will be considered mutually binding unless You contradict them within 4 weeks after first possibility of becoming aware of them.
14.4 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.