End-User License Agreement
Status: Oct 2020
- Friendwise is an app developed by Golo Feige in Switzerland (hereinafter the”App” and the “Developer”). This End-User License Agreement is concluded between the Developer and Users of the App (hereinafter the “Users”). Users are obliged to comply with all applicable terms and conditions of Apple and any third parties. Apple is a third-party beneficiary to this End-User License Agreement and is entitled to enforce this End-User License Agreement against Users.
- Users are granted a limited, non-exclusive, non-transferable license to use the App on their Apple devices and in accordance with Apple’s App Store Terms and Conditions, including Family Sharing and Apple’s Volume Purchase Program. The App is the sole responsibility of the Developer.
- The Developer is entitled at any time to change the functional scope of the App. The Developer shall provide appropriate information about such changes, in particular in Apple’s App Store.
- Users acknowledge that they are not in a country under American sanctions. Users acknowledge that they are not personally under U.S. sanctions.
- The Developer is only liable for direct damages caused by his own grossly negligent or intentional actions. Any other warranty and liability of the Developer for direct damages, especially in case of negligence, for indirect damages and consequential damages, for claims of third parties as well as for lack of success or profit is explicitly and completely excluded. Any liability for auxiliary persons is excluded. The COVID-19 pandemic is considered as force majeure. Any possible further mandatory liability according to applicable laws is reserved.
- The Developer can be reached under the following contact addresses: Golo Feige, Alte Landstrasse 151, 8700 Küsnacht, Switzerland or under firstname.lastname@example.org.
- The App is subject to the Swiss Federal Data Protection Act (FDAP) and the European General Data Protection Regulation (GDPR).
- The Developer can be reached at the following contact addresses: Golo Feige, Alte Landstrasse 151, 8700 Küsnacht, Switzerland or under email@example.com.
- The Developer has the following data protection representation in the European Union according to Art. 27 GDPR: VGS Datenschutzpartner UG, Am Kaiserkai 69, 20457 Hamburg, Germany, mail address firstname.lastname@example.org.
- If and insofar as the GDPR is applicable, the Developer processes personal data in accordance with at least one of the following legal principles:
- Art. 6 para. 1 lit. b GDPR for the processing of personal data necessary for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
- Art. 6 para. 1 lit. f GDPR for the necessary processing of personal data to protect his legitimate interests or those of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are in particular the interest to be able to offer and develop the App and to advertise it if necessary, information security as well as protection against misuse and unauthorized use, the enforcement of own legal claims and compliance with Swiss law.
- Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data in order to fulfill a legal obligation to which the Developer is subject according to any applicable law of member states of the European Economic Area(EEA).
- Art. 6 para. 1 lit. e GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
- Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
- Art. 6 para. 1 lit. d GDPR for the processing of personal data necessary to protect vital interests of the data subject or of another natural person.
- The Developer processes personal data which are necessary to offer and develop the App. Such personal data includes in particular user data and communication data. The Developer processes personal data for the duration necessary for the purpose of the processing. Afterwards, personal data is anonymized or deleted.
- The Developer is entitled to assign third parties to process personal data. The Developer is entitled to transfer personal data abroad. In any case, the Developer guarantees an adequate data protection.
- Persons whose data the Developer processes have in particular the following rights: right to information, right to data transferability, right to correction, right to limitation, right to deletion, right to blocking and right to completion. Persons who have given their consent can revoke it at any time with effect for the future. Persons whose data the Developer processes have a right of appeal to a competent supervisory authority.