General Terms and Conditions DISTRIBUTOR
Effective on 2015-07-01
1. Subject and Scope of the General Terms and Conditions
Sebastian Schlein DISTRIBUTOR, Virmondstr. 9a, 47877 Willich, Germany (thereafter “DISTRIBUTOR”) operates a platform for mobile application developers on the internet portal http://www.wifidistribution.com and other websites as well as via mobile applications - so called “Apps” - (thereafter platform). Within this scope, DISTRIBUTOR will provide in-house AppStores and app install pages for single apps. DISTRIBUTOR will also automatically send expiration warnings if Mobile Provisioning Profiles expire.
Use of the platform (including Apps) shall be exclusively subject to the following general terms and conditions.
No special contractual text is intended for the contract regarding platform use. The content of the contract concluded between you and DISTRIBUTOR follows these general terms and conditions as well as the information provided during the process of registration (cf. cipher 3.) as well as during contracting of a fee-based subscription ( cipher 5) that will be saved by DISTRIBUTOR and available at any time in your user account.
By registering and/or using the DISTRIBUTOR services, you accept the use and application of these terms and conditions.
DISTRIBUTOR shall retain the right to change individual clauses with effect for the future. If we do not obtain your specific consent for a terms and conditions amendment, you will be timely informed of any changes to the terms and conditions (at least four weeks prior to the effective date of the amended terms). For this purpose, DISTRIBUTOR will send you the new version of the terms and conditions to the email address you provided during registration. In this context, DISTRIBUTOR will notify you explicitly regarding the opportunity and objection period against the changes as well as about the consequences of an omitted objection.
If you do not object to the changes within four weeks after the effective date of the changed user conditions, the changed user conditions shall be deemed accepted. The period shall start with the day that it is communicated to you via email as the effective date of change.
In the event that you object the changes, DISTRIBUTOR shall be entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for DISTRIBUTOR, effective from the date the changed user terms come into force.
2. Services and Rights of DISTRIBUTOR
DISTRIBUTOR will provide you with a webservice which can be used to create enterprise in-house app stores for iOS and keep track on your Provisioning Profiles that are in these apps. Depended on the chosen plan, you will get disk space for your apps and access for additional users.
The scope of the provided contents shall depend on the account, subscription (cf. 4.) or trial (cf. cipher 5.) which you respectively chose (the “license”). The license shall be restricted to the period of your account/subscription/trial.
All DISTRIBUTOR trademarks as well as our trade names, logos, domain names and other peculiarities of the DISTRIBUTOR trademark are under the sole ownership of DISTRIBUTOR. The license does not grant you the right to use DISTRIBUTOR trademarks, our trade names, logos, domain names or other features of the DISTRIBUTOR trademark, irrespective of whether for commercial or non-commercial use.
3. Registration with DISTRIBUTOR
A registration with DISTRIBUTOR is necessary for using DISTRIBUTOR’s services.
Registration itself is free (Free Account) and does not obligate to enter into a subscription.
You can use your email address and a self-determined password for registration.
The used password shall be kept confidential. You are solely and to the full-extent responsible for keeping it confidential. You are the only person entitled to use your DISTRIBUTOR user account. DISTRIBUTOR shall be notified immediately of any unauthorized use of the user account as well as any suspicion thereof.
You may register via email address or log-in through a so called social-connect service (e.g. GitHub-connect, Google-Connect).
Registration and/or log-in via social-connect establishes a free contract between DISTRIBUTOR and you regarding the use of the DISTRIBUTOR platform (cf. cipher 1.3.).
All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times.
Registration shall require a minimum age of 18 years. As a minor you are only allowed to register with DISTRIBUTOR if you are at least 14 years old and your statutory agents have given their consent. We shall have the right to make services of DISTRIBUTOR subject to appropriate proof of your identity, your legal majority or the consent of your statutory agent.
4. Subscription to Subscription Access
There is a fee-based subscription available (“Subscription Access”) so that you can use the full scope of DISTRIBUTOR’s services. The subscription can be entered into for different periods which are presented to you in the order options.
DISTRIBUTOR’s subscription accesses are fee-based and advertisement-free subscriptions which enable you to access a set of our content and features through our mobile and web based applications, depending on the subscription tier you’ve purchased. We offer three subscription tiers with the following service levels:
DISTRIBUTOR Basic with the possibility to upload up to 5 concurrent apps that are accessible via their independend install links and 1 in-house app store and fit in your 1GB disk space. All connections are SSL encrypted and you get access to the easy to use webinterface.
DISTRIBUTOR Team has the same features as the Basic subscription but allows 50 apps and 10 appstores. Additionally you will be able to share the webinterface with its management console with 25 team mates and get reminder emails if Provisioning Profiles are expiring. The Team subscription includes 25GB of space for your apps.
DISTRIBUTOR Business bumps up these values to 25 app stores, unlimited team mates and unlimited apps for your 100GB disk space. The Business subscription has password protected install links exclusively.
The access to our services persists for the subscription period.
To become the holder of a DISTRIBUTOR account with subscription access you will have to register with your user data, submit your credit card data and confirm your subscription by clicking the button “subscribe for xx€”. You will receive a subscription confirmation email as soon as you have done this. Your subscription starts on this day. Please read our data protection notification for information regarding gathering, using and processing of your data.
5. Revocation Right
If you are a consumer (meaning an individual making the order for a purpose that is not for commercial or self-employed activity), the following revocation right shall apply for using DISTRIBUTOR regarding conclusion of fee-based subscriptions as well as for the purchase of codes or download bundles:
INSTRUCTION ON REVOCATION
If you purchased access to a fee-based DISTRIBUTOR service via the DISTRIBUTOR platform, you shall have the right to revoke this contract within fourteen days without having to give reason. The revocation right shall exist for a period of fourteen days from the day of contract conclusion. For exercising your revocation right, you shall notify us
Sebastian Schlein DISTRIBUTOR
via an explicit statement (e.g. letter via postal service or email) regarding your decision to revoke the contract. You can use the attached revocation template for this purpose, which, is however not compulsory.
Dispatching of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline.
Consequences of Revocation
If you revoke this contract, we shall be obligated to refund all payments that we received from you, including shipping costs (except for costs that resulted from you opting for another way of shipment than the cheapest standard delivery offered by us) immediately and by no later than fourteen days from the day that we received your contract revocation notice. We will use the same payment method for this refund that you used for the original transaction, unless we have stipulated a deviating method with you. This refund shall under no circumstances be subject to charges for you.
Template Revocation Form
(If you intend to revoke the contract, please fill-out this form and return to us)
Sebastian Schlein DISTRIBUTOR
I/We (*) hereby cancel the concluded contract by me/us (*) regarding the purchase of the following goods (*)/(performance of the following service (*)
Ordered on (*)/Received on (*)
Address of Consumer(s)
Signature of Consumer(s) (only if paper notification)
(*) (*) Delete as applicable.
- End of revocation instructions -
6. Remuneration and Payment Terms
The conclusion of the subscription access (cipher 4.) is subject to charges.
For payment purposes, the fees payable to DISTRIBUTOR will be charged to the credit card account you provided during ordering your subscription (cipher 4.3.).
In the event of access via a code, payment shall occur via the payment method stipulated on the invoice.
Your payment obligation vis-a-vis DISTRIBUTOR within a premium access shall automatically renew itself at the end of the respective subscription term, if you do not terminate your fee-based subscription at least 24 hours prior to the end of the term (cipher 8.3.).
7. Period and Termination
The free user contract shall start at the time of your registration pursuant to cipher 3. for an indefinite period.
You can terminate the free user contract at any time. For this purpose, send an email to moc.noitubirtsidifiw@olleh and we will delete your account and the related data within 7 days.
The fee-based subscription access (cf. cipher 4.) shall run at least for your initially selected period and shall automatically renew itself if you do not terminate at least 24 hours prior expiry of this period. The subscription period shall extend respective of its currently used subscription model.
You can terminate subscriptions that you entered into via our Web-App in the settings of the Web-App. For this purpose, you will have to login, open the settings via the menu and click on “Cancel Subscription”.
Termination of the subscription access shall become effective the day after the last day of your subscription period and you will be downgraded to a free user contract (Free Service). After renewing your subscription you will however be able to access your old status and your reading lists. If you intend to delete your entire account, please contact moc.noitubirtsidifiw@olleh. All data will be deleted irrevocably in this case.
The right to suspend and terminate for good cause shall remain unaffected by the aforementioned provisions.
DISTRIBUTOR shall not be liable for user damage claims. DISTRIBUTOR shall only be liable for damages arising from body, life or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of DISTRIBUTOR, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.
In the event of violation of material contractual duties, DISTRIBUTOR shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
The restrictions stipulated under ciphers 8.1. and 8.2. shall also apply for duty violations of vicarious agents and statutory agents of DISTRIBUTOR if claims are made directly against these.
11. Final Provisions
If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
The laws of the Federal Republic of Germany shall apply; excluding the EGBGB conflict of law rules and the UN-Convention on the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at DISTRIBUTOR’s registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the Federal Republic of Germany or another EU member state or relocated your residence/business seat after application of these Terms abroad and outside the European Union.
DISTRIBUTOR Data Protection Notification
Effective on 2015-9-13
Sebastian Schlein Software, Virmondstr. 9a, 47877 Willich, Germany (thereafter “DISTRIBUTOR”) operates an enterprise
app store solution on the portal https://wifidistribution.com and other websites as well as accessible via
domains of these companies. Within this scope, DISTRIBUTOR provides the features described on the homepage.
If you should not consent to this data protection notification, please do not use DISTRIBUTOR.
2. Collection, Use and Processing of Data
“Personal data” shall be data that can identify you personally (e.g. name, e-mail address or invoice information)
and other information that can be connected to this type of information and that allow a conclusion regarding your
“Pseudonymised data” shall be data in which the information appropriate for identifying a certain person are replaced by a pseudonym so that the data cannot be matched to a certain person without knowledge of the correlation which is saved outside the data set.
“Anonymized data” shall be data where the respective person is unknown and cannot be determined.
2.1 Registration Data
If you register with DISTRIBUTOR (for a subscription, a free trial or use of a code) we will collect personal data that you voluntarily submit with registration. In particular, these are your e-mail address and your selected password. We also collect upon registration, data regarding country and language that you have saved as standard setting in your browser or smartphone. We use this data without your explicit consent only for performing our offered services. We will only forward your personal data without your explicit consent to third parties if this is necessary for performing our services or for complying with statutory obligations (see cipher 3 below).
We save all your registration data so that we can use them for performing DISTRIBUTOR’s services. The data will be deleted after the end of the contract as soon as they are not needed for invoicing purposes any longer. If a deletion conflicts with statutory, contractual or by-law imposed storage periods, the data shall be suspended instead.
2.2 Personal Usage Data
If you are using DISTRIBUTOR services, we will automatically collect personal usage data that is necessary for
performing the services and/or invoicing. Personal data shall only be collected if you provide us with these when
opening a customer account or registration for our newsletter. In accordance with statutory provisions and for
the purpose of data economy, generally only data necessary for the respective service shall be collected.
In particular, these are your e-mail address, your password, your country and your language. To the extent that our forms ask for further information, such information shall always be optional and will be marked as such.
We will use your provided data without your separate consent only for fulfilling and performing of our services and for complying with statutory requirements. Forwarding of your personal data to third parties shall only occur if this is necessary for performing our services or for complying with statutory requirements.
Your accruing personal data regarding the access history will be deleted immediately after its termination or, if this is legally forbidden, suspended.
For performing DISTRIBUTOR services and to make your visit to our website pleasant and to ensure use of certain
functions, we will also use so-called cookies for data collection and saving. Cookies are small data packages
that are stored on your device. They will not cause any harm there. Two types of cookies will be used. Temporary
cookies will be automatically deleted with closing of your browser (so-called session-cookies). Permanent
cookies will remain on your device and enable us or our partner company to recognize your browser at your next
page visit (so-called persistent-cookies).
Cookies enable us to comprehend your user behavior. They are also supposed to provide you with optimized surfing on our website. You can configure your internet browser so that you will be notified of cookie storage und decide about their acceptance in an individual case or reject cookies generally or for certain cases.
Certain features might not be able available to you if you prevent cookie storage in your browser settings.
You can find further information regarding cookies and your questions regarding the dangers of cookies under the following link on the website of the German Federal Office for Security in Information Technology: https://www.bsi-fuer-buerger.de/BSIFB/DE/Empfehlungen/EinrichtungSoftware/EinrichtungBrowser/GefahrenRisiken/Cookies/cookies_node.html.
2.4 Tracking/ Web Analysis Tools
DISTRIBUTOR uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View
CA 94043, USA Tel: +1 650 253 0000 Fax: +1 650 253 0001 E-Mail: email@example.com“(“Google”). Google Analytics
also uses so-called “Cookies”, text files that are stored on your computer enabling analysis of your use of the
internet site. The information created by the cookie regarding your website use will usually be transferred to a
Google server in the USA and saved there. DISTRIBUTOR will anonymize the IP address (anonymizeIP() so called
IP-masking), and your IP address will be shortened by Google within the member states of the European Union or
other contracting states to the Agreement on the European Economic Area. The full IP address shall only be
submitted to a Google server in the USA in exceptional cases only and will be shortened there. Google will use
this information on behalf of DISTRIBUTOR to evaluate your use of the website, to compose reports regarding website
activity and to perform further service relating to further services connected to website and internet use
vis-a-vis DISTRIBUTOR. The IP address submitted by your browser within the Google Analytics process shall not be
connected with other Google data.
You can prevent cookie storage as stipulated above under cipher 2.5. by a respective browser-software setting, which however has the effect that some features of DISTRIBUTOR websites are not fully useable. You can also prevent Google’s collection of the data created by the cookie and related to your website use (including your IP address) and processing of this data by Google through downloading and installing the following browser-plugin http://tools.google.com/dlpage/gaoptout?hl=de
The user profiles created by Google Analytics serve the purpose of visitor behavior analysis and are evaluated for improving and customizing of our offers.
The pseudonymised user profiles will not be connected with your personal data without your separate explicit consent.
You can find further general information about Google Analytics here, and data protection law information regarding Google Analytics here
2.5 Payment Data
If you are using our trials or if you sign-up for our subscriptions or purchase something via the service, credit card information and other finance related information that are necessary for payment processing will be collected and saved by a payment service provider. We also collect certain limited information, e.g. your postal code, cell phone number and details of your transaction history. Other than that, the payment service providers usually provide us only with very limited information regarding you, e.g. the specific token that enables you to perform further purchases using the data saved by the provider as well as your type of card, expiration date und the last four digits of the number.
3. Social Plugins
Facebook Social Plugins
DISTRIBUTOR offers you the opportunity to recommend offers, services and/or products via Facebook. DISTRIBUTOR uses
Facebook’s social plugins for this purpose. These services are offered by Facebook Inc., 1601 S. California Ave,
Palo Alto, CA 94304, USA (Facebook). The list and the look of the Facebook social plugins can be viewed
here and you can find other general information about
the social plugins here.
When loading the internet site in your browser, the code of the social plugin will be directly requested by a Facebook server through your browser and integrated into the appearing DISTRIBUTOR internet site in your browser. DISTRIBUTOR has thus no influence on the scope of retrieved data by Facebook in this relation.
According to Facebook's own information, Facebook saves date and time of your visit, the precise Internet address in which the social plugin is located and other technical data, e.g. IP address, browser type, operating system for a period of 90 days in order to optimize Facebook’s services. After expiry of the 90 days, the data will be anonymized so that they cannot be related to you any longer. You can find more information from Facebook here.
If you are logged-in on Facebook during a visit on a website of DISTRIBUTOR, Facebook can associate the pages you visited to your Facebook account. Through the interaction with the social plugins (clicking etc.) the information evoked by the interaction will be transferred to and saved by Facebook. You can prevent this by logging-off Facebook prior to visiting our website.
It is also possible to generally block Facebook plugins. There are extensions for respective browsers for this purpose (e.g. the Facebook Blocker) which you have to install and activate on your respective browser. Facebook data protection notifications as well as further setting options for protecting your privacy are availablehere.
Please also inform yourself regarding Facebook under all provided links as Facebook’s data protection policies are frequently updated and amended due to the extended functionality of social plugins.
DISTRIBUTOR offers you the opportunity to post offers, services and/or products and/or events etc. via Twitter. For
this purpose, we use the service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107 and an
accordingly configured plugin.
The Tweet-Button enables you to share our contents via Twitter. The button shows the amount of Tweets regarding a shared content.
When loading the website in your browser, the code of the Tweet-Button will be directly requested by a Twitter Inc. server and integrated into the website appearing in your browser. We have thus no influence on the scope of data retrieved by Twitter Inc.
According to Twitter’s own information, Twitter Inc. saves the sent Tweet message and its metadata. This includes the following according to our estimation: Date and time of the Tweet, precise and/or shortened internet address on which the Tweet-Button is located and further technical data, e.g. IP address, browser type or your operation system. Twitter Inc. does not share the information of how long information is saved for. You can find further information of Twitter Inc. here.
Please inform yourself there as information of Twitter Inc. are frequently updated and amended due to extended or modified functionalities.
With newsletter registration, your e-mail address will be used for DISTRIBUTOR information and advertisement until you cancel the newsletter. Cancellation is possible at any time. You have given your consent to the following either separate or explicitly during the ordering process, and we have recorded your consent. Pursuant to the German Telemedia Act we are obligated to make the content of consent available at any time.
□ I want to subscribe to the newsletter (cancellation possible at any time).
You can revoke this consent effective for the future at any time by clicking “Unsubscribe Newsletter” at the end of the newsletter or sending your revocation to DISTRIBUTOR to the following contact address:
Sebastian Schlein DISTRIBUTOR
Revoking your consent for receiving the newsletter will not cause any costs for you; except for transmission costs pursuant to the respective basic rates of your phone/internet provider.
If we received your e-mail address in connection with selling goods or services, we are also entitled to send
you newsletters for direct advertising of our own similar goods or services without your (explicit) consent,
unless you have rejected such use.
You can object to this use at any time with effect for the future without occurring any costs other than transmission costs pursuant to basic tariffs.
Data protection of our users is a special concern for us. Your password protects your user account and should
be thus a strong password that is not used elsewhere. You should restrict access to your computer and browser
and you should log-off after using DISTRIBUTOR services.
The DISTRIBUTOR portal and our systems are protected through technical and organizational measures against loss, destruction, access, alteration or distribution of your data through unauthorized parties. A complete protection against all hazards is however not possible in-spite of frequent controls.
DISTRIBUTOR shall be entitled to display advertisement or other contents that contain hyperlinks to third-party websites. Only the provider of the website referred to shall be liable for illegal, erroneous or incomplete contents and particularly for damages that result from use or non-use of these links. We have no influence particularly on the data protection measures and contents of the sites linked to.
7. Access and Update of Profile Data, Deletion
You can access and change your profile data via your account-settings.
8.Information about Saved Data, Contact
If you have any questions or comments about this data protection notification or your personal data, please contact us via moc.noitubirtsidifiw@olleh.You can certainly always request free of charge information regarding data we saved about you, e.g. via e-mail moc.noitubirtsidifiw@olleh. We will answer within an appropriate period after proof of identity. You may possibly be entitled to request that your data will be corrected, suspended or deleted.
9. Change of Data Protection Notification
We will occasionally change this data protection notification in order to incorporate new functions, features, products or services and to ensure the protection of your personal data. These changes and the current data protection notification are available on this site for you anytime. If we are making material changes, particularly regarding collection, use or processing of your personal data, we will notify you of this via e-mail or inform you no later than during your next DISTRIBUTOR login.