§ 1 Basic Provisions

1) The following terms and conditions apply to all contracts you conclude with the respective Developer via the website www.bab-appmarket.de and to your use of the APPMARKET Online Shop. Unless otherwise agreed, the incorporation of any of your own terms and conditions is hereby objected to.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their independent professional or commercial activity.

§ 2 Formation of the Contract

(1) The subject matter of the contract is the granting of licenses to use software in return for payment of a license fee. The offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You can submit a binding offer to conclude a license agreement with the Developer via the online shopping cart system. The licenses you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "checkout" page and entering your personal data as well as the payment and shipping terms, all order data is displayed once more on the order summary page. Before submitting the order, you have the opportunity to review and change all details again (including via the "back" function of your internet browser) or to cancel the purchase. By submitting the order via the "buy" button, you make a binding offer to the respective Developer. You will first receive an automatic email confirming receipt of your order, which does not yet constitute conclusion of the contract.

(3) Acceptance of the offer (and thus conclusion of the contract) takes place at the latest within 2 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received such a message, you are no longer bound by your order. Any payments already made will in this case be refunded without delay.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the technical receipt of emails is ensured, and in particular that it is not prevented by spam filters.

§ 3 Licensee

License agreements are concluded exclusively with businesses. Consumers are excluded as Licensees. You are obliged to provide truthful information during registration and to promptly notify us of your own accord of any changes to the information requested during registration. You may not impersonate any other person or company during registration, or use a name you are not authorized to use. You authorize the Licensor to use any information requested during registration to verify the accuracy of such information (including updating it) and, from time to time for as long as you use a license, to obtain reports on your creditworthiness. If false information is provided during registration or you fail to notify changes, the Licensor may terminate the existing license agreements with immediate effect and you may be excluded from using the APPMARKET Online Shop. You alone are responsible for the security of your password. Disclosure to third parties is not permitted. The password may only be used to gain access to the APPMARKET Online Shop in order to use the services offered there.

§ 4 Data Protection

You have been informed in detail about the type, scope, place and purpose of the collection, processing and use of the personal/business-related data required for using the APPMARKET Online Shop and conducting business. The privacy policy - available at https://bab-appmarket.de/privacy-policy/ - has been noted and accepted. BAB APP MARKET GmbH and the Developer are entitled to communicate with you electronically or by other means in connection with sales and services, and you consent to such communication regardless of any other information or preferences you may have otherwise provided under "My Account" (or elsewhere). BAB APP MARKET GmbH and the Developer are entitled to send you information about products, services and marketing offers as part of setting up the user account. You expressly consent to the collection, processing and use of personal data. The deletion or blocking of your data, which you may request at any time in accordance with the privacy policy, means that no further purchases in the APPMARKET Online Shop are possible. All Apps already licensed or acquired remain usable after deletion or blocking in the version/form licensed up to that point, unless otherwise agreed with the Developer in the respective license agreement. Where applicable, the Developer provides its own privacy policy, which in that case applies to the relationship between Licensee and Developer.

§ 5 Right of Retention

You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

§ 6 Liability

(1) The Developer shall be liable without limitation for damages resulting from injury to life, body or health. Furthermore, the Developer shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the quality of the item purchased, and in all other cases regulated by law.

(2) Liability for defects under the statutory warranty is governed by the corresponding provision in the license agreement. In all other respects, the following applies: Where material contractual obligations are affected, the Developer's liability for slight negligence is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are material obligations arising from the nature of the contract, the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which you may regularly rely. In the event of a breach of non-material contractual obligations, liability for slightly negligent breaches of duty is excluded.

(3) According to the current state of the art, data communication over the internet cannot be guaranteed to be error-free and/or available at all times. BAB APP MARKET GmbH and the Developer are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.

(4) BAB APP MARKET GmbH reserves the right to modify, temporarily suspend or interrupt the APPMARKET Online Shop (or parts or content thereof) at any time, and we shall not be liable to you or any third party if BAB APP MARKET GmbH exercises this right. Where possible, BAB APP MARKET GmbH will give you advance notice of any changes, suspensions or interruptions. The discontinuation of the APPMARKET Online Shop has no effect on products you have already purchased.

(5) BAB APP MARKET GmbH makes no representations or warranties with regard to the provision of its services. In particular, you are yourself responsible for making backups of your system, including products purchased or acquired from the APPMARKET Online Shop and stored on your system. Some products can only be downloaded once and cannot be replaced if lost for any reason.

(6) To the extent that any liability of BAB APP MARKET GmbH as operator of the APPMARKET Online Shop comes into consideration at all, it shall be liable without limitation for all damages resulting from intent or gross negligence and from the absence of a guaranteed characteristic. In the event of slight negligence, BAB APP MARKET GmbH shall be liable without limitation in the case of injury to life, body or health. If BAB APP MARKET GmbH is in default with its performance due to slight negligence, if its performance has become impossible, or if BAB APP MARKET GmbH has breached a material obligation, liability for resulting property damage and financial losses is limited to the foreseeable damage typical for this type of contract. A material obligation is one the fulfillment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract, and on the observance of which you may regularly rely. Liability for all other damages is excluded. Liability under the provisions of the Product Liability Act remains unaffected. BAB APP MARKET GmbH assumes no liability for damages arising from malfunctions or technical faults of actuators and sensors.

§ 7 Intellectual Property

The APPMARKET Online Shop, including the products, graphics, user interfaces, audio clips, editorial content, as well as the scripts and software used to implement the APPMARKET Online Shop, contain protected content and materials belonging to BAB APP MARKET GmbH and/or the Developers, which are protected by applicable intellectual property laws (including copyright law) and other laws. You are not entitled to use such protected content or materials in any way, except within the scope of using the software under the concluded license agreements. No part of the APPMARKET Online Shop may be reproduced in any form or by any means, unless expressly permitted. You may not modify, rent, lend, sell, distribute the APPMARKET Online Shop or create derivative works based on the APPMARKET Online Shop, and you may not exploit the APPMARKET Online Shop in an impermissible manner, in particular not by intruding upon or burdening network capacities. Without prejudice to other provisions in the license agreements or other agreements, BAB APP MARKET GmbH and the Developers reserve the right to modify, temporarily interrupt, remove and deactivate access to the products, content or materials offered via the APPMARKET Online Shop without corresponding notice. Under no circumstances shall BAB APP MARKET GmbH or the Developers be liable for such changes. BAB APP MARKET GmbH may also impose restrictions on the use of and access to certain functions or parts of the APPMARKET Online Shop, without reason and without notice or liability. The removal of content from the APPMARKET Online Shop has no effect on products you have already acquired via the APPMARKET Online Shop. BAB APP MARKET GmbH holds the copyright to the APPMARKET Online Shop, including the right to compile content, contributions, links to other internet sources and descriptions of such sources. Any use of any part of the APPMARKET Online Shop, other than use of the APPMARKET Online Shop as permitted herein, is strictly prohibited and infringes the intellectual property rights of others, and may result in civil or criminal consequences for you, including any obligation to pay damages for copyright infringement. Trademarks, graphics and logos used in connection with the APPMARKET Online Shop are trademarks or registered trademarks of BAB APP MARKET GmbH. Other trademarks, service marks, graphics and logos used in connection with the stores may be the trademarks of other rights holders. No rights or licenses are granted to you with respect to the aforementioned trademarks and their use.

§ 8 Amendments

BAB APP MARKET GmbH reserves the right to amend these Agreements at any time and to subject your use of the APPMARKET Online Shop to new or additional terms and conditions. You will be notified of such amendments and additional terms and conditions, which shall take effect immediately once accepted and shall then be incorporated into this agreement. Should you not accept the amendments, we may exclude you from using the APPMARKET Online Shop with effect for the future. Exclusion from the APPMARKET Online Shop has no effect on products you have already acquired via the APPMARKET Online Shop.

§ 9 Choice of Law, Place of Performance, Jurisdiction

German law applies, to the exclusion of any provisions of private international law (conflict of laws). The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is Dortmund. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time legal proceedings are initiated. The right to also bring an action before a court of any other statutory jurisdiction remains unaffected. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

1. Identity of the Licensor

The identity of the Licensor can be determined before submitting the order via the online shopping cart system, and this information can be printed together with the contract data using the browser's print function or saved electronically. After BAB APP MARKET GmbH receives the order, the identity together with the order data and the license terms will be sent to you again by email.

2. Information on the Formation of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by § 2 of our General Terms and Conditions (Part I).

3. Contract Language, Storage of the Contract Text

3.1. The language of the contract is German.

3.2. The complete text of the contract is not stored by BAB APP MARKET GmbH. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After BAB APP MARKET GmbH receives the order, the order data, any legally required information, and the license terms will be sent to you again by email.

4. Essential Characteristics of the License

The essential characteristics of the license can be found in the respective license agreement together with any software documentation made available on the website.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components plus the applicable VAT.

5.2. Any shipping costs incurred are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective product description, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are shown under a correspondingly labeled button on the website or in the respective product description.

5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Terms

The delivery terms, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on the website or in the respective product description.

7. Statutory Liability for Defects

The statutory rights regarding liability for defects apply, unless other liability rules have been agreed.

Dispute Resolution

The EU Commission has set up a website for online dispute resolution between businesses and consumers (OS platform), which you can access at http://ec.europa.eu/consumers/odr/.