Description

The My-App Messenger is more than just a messenger.

After pressing the CONNECT-Button and completing the sign up, you can start your own "in-app messenger" like a "digital business card".

You can communicate without loosing your data rights, because this is your own messenger platform. The business model of the My-App Messenger is not to collect data.

A real advantage and a unique selling point in comparison with other known messaging systems, is what we so call "link-posting". There is no upload or download of data neccessary because you use your private cloud and you post only a link to the other users. In addition, you can also use the internal storage of your smartphone for posting pictures and videos.

With the My-App Messenger system you can create your own closed community, because you invite and decide which user is added or deleted.

Terms & Conditions

Terms & Conditions
The Terms & Conditions of APPbyYOU
§ 1 Scope, contract content, amendment, change
§ 2 User Account
§ 3 Subject matter of the contract
§ 4 Contents, illegal usage
§ 5 Right of use for the app
§ 6 Closing your account
§ 7 Data privacy
§ 8 Limitation of Liability and Claims for Damages
§ 9 Other general Provisions, Venue
Right and Consequences of cancellation
Copyrights, Trademarks
Balgheim, 05/24/2016 APPbyYOU GmbH, Germany

The Terms & Conditions of APPbyYOU GmbH to the My-App Messenger descripe the terms of use between APPbyYOU and the user. These terms & conditions are valid as long as there is no additional agreements.

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The Terms & Conditions of APPbyYOU GmbH to the My-App Messenger descripe the terms of use between APPbyYOU and the user. These terms & conditions are valid as long as there is no additional agreements.

§ 1 Scope, contract content, amendment, change

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1. These Terms & Conditions apply to the use of the My-App Messenger app at APPbyYOU including various contents, functions, services an rules for the contractual relationship between you the user and us. Any changes of the Terms & Conditions can only be done by written consent. You accept the Terms & Conditions when you use the My-App Messenger app.

2. APPbyYOU reserves the right, to make changes and/ or updates to the content of the Terms & Conditions. APPbyYOU will inform each user of the changes of the Terms & Conditions. Further use of the My-App Messenger app gives your consent to the changes and/ or additions to Terms & Conditions.

3. The use of functions (widgets) within the app can contain additional Terms & Conditions. We will give you due notice if you use a function with additional Terms & Conditions.

4. We the APPbyYOU reserve the right to offer additional services in relation to the used app.

5. APPbyYOU can transfer the rights of the contract to a third party. In such a case the customer has the right to cancel the contract immediatly and without notice.

6. APPbyYOU will not recognized any user changes to these Terms & Conditions in whole or part without written consent of us at APPbyYOU.

7. These Terms & Conditions of APPbyYOU are also valid, if the Terms & Conditions of other services are in conflict with those of APPbyYOU Terms & Conditions.

§ 2 User Account

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1. To use the My-App Messenger app you need to complete the sign up after pressing the Connect-Button. This can be done by a person, company or legal entity. We are not obligated to accept the new user account. In this case we can reserve the right to delete, or block the account.

2. You can use the My-App Messenger app as a person or as a legal entity. The use of automated systems (like bots or robot programs) is not allowed.

3. To sign-up, you must enter your first name, last name/representative of the company and a valid email address. Be sure we are able to reach you at this email address.

4. Each app user is responsible that their user account is not accessed by non authorized persons. Protect especially your user name and password. APPbyYou reserves the right to access your app for administrative reasons or legal issues.

5. APPbyYou further reserves the right to review or delete illegal, violence, racism, discrimination of minorities or individuals, harassment, religious or political propaganda, slenderous, threatening, violence glorifying, annoying, damaging, threatening, indecent, sexually straightened, bothering or racist content in text form or picture form. This can incure administrative and or legal fees.

6. APPbyYOU can restrict access, if the security of the software and stored data are threatened or the data protection is violated.

§ 3 Subject matter of the contract

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1. APPbyYOU provides the My-App Messenger app as the subject of the contract available for use.

2. At start various data will be saved in a cloud of APPbyYOU to 2GB free storage. Additional storage can be purchased. Further more, you have the right to use other private clouds of choise. Additional fees are incured.

3. APPbyYOU has the right to change or make additions to the My-App Messenger app.

§ 4 Contents, illegal usage

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1. Each user is responsible for his app contents. He must be certain that no third party uses the name, trademark and other business protected rights.

2. APPbyYOU is not liable for messenger and cloud contents and are not liable if copyrights and trademarks from third parties are used without authorisation from such third party.

3. You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium of the APPbyYOU platform programs / My-App Messenger app. You will not attempt to reverse engineer, alter or modify any part of the APPbyYOU platform programs / My-APP Messenger app. Any violation causes the delation of the account, the app and the immidiate termination and possible criminal charges. It is not allowed to use contens containing illegal, violence, racism, discrimination of minorities or individuals, harassment, religious or political propaganda, slenderous, threatening, violence glorifying, annoying, damaging, threatening, indecent, sexually straightened, bothering or racist content in text form or picture form.

4. It's not allowed to upload or send viruses and worms or other harmful programs (e. g. Trojans or spyware) that may infect the My-App Messenger app.

§ 5 Right of use for the app

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1. You receive a right of use from APPbyYOU as long as the app is actively used. The rights ended as soon as the app is deactivated.

2. The right of use and the copyrights of the posted contents within the app remain soley yours. These rights are not transfered to APPbyYOU. Even the contents of the communication with the My-App Messenger are not tranfered to APPbyYOU. The stored contents and data within in the app cloud are not transfered to APPbyYOU.

3. The app user agrees to the terms & conditions of the app store in which he uploads the app from APPbyYOU. The deletion of an app from the app store could be done following the terms & conditions of the app store. The user must initiate the deletion of the profile.

§ 6 Closing your account

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1. With the Sign-up you get a contract of use. The user creates a profile with the My-App Messenger app.

2. The contract of use is guilty as long as the app is active and as long as no other agreements exist.

3. The right of both parties for extraordinary cancellation depends on important reasons. One ground for cancelation that APPbyYOU holds as important is the violation against § 4 and § 6.

4. APPbyYOU stores only the profile data of the account. The user can cancel it anytime and request the deletion of this data. This must be done by writen request. In the case of a despute there may be delays in the closing the account.

§ 7 Data privacy

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1. The right of use and the copyrights of the posted contents within the app remain soley yours.

2. The user is solely responsible for the safety and security of his data used in the communication and storage in the cloud.

§ 8 Limitation of Liability and Claims for Damages

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1. Possible flaws and disturbances to the app are to be reported immediately to APPbyYOU in writen form (e.g. by email) not later than two weeks after incedent. Failure to report the flaws and disturbances with in the given time spam will release APPbyYOU from all liabilities and damages.

2. APPbyYOU is not liable for damages to persons. The foregoing disclaimer of liability shall not apply in those cases where we or our legal representative or an employee or agent breaches a material contractual obligation. If the culpable violation of a key contractual obligation is not negligent or intentional, liability in each case APPbyYOU shall be limited to losses that were objectively foreseeable by the contract partner upon concluding the contract.

3. This limited liability applies to both contractual and non-contractual claims whereas legally regulated liability remains untouched.

§ 9 Other general Provisions, Venue

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1. All legal relations that arise between the parties from this contract are governed by German domestic law under exclusion of the Convention on the International Sale of Goods (CISG). If the customer is a merchant, a legal entity under public law, or public-law special funds, the legal venue for any disputes under this contract shall be optionally our seat of business or, respectively, the seat of business of APPbyYOU. APPbyYOU shall also be entitled to bring legal action against the customer at its general legal venue.

2. lf individual provisions of the contract with the customer including these standard conditions and terms of business should be or become partly or wholly legally invalid, the validity of the remaining provisions will not be affected by this.

Right and Consequences of cancellation

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Provided that a customer/ user is consumer according to § 13 BGB, and has the right of rescission in the framework of the legal regulations, especially of §312 d) BGB, he is able to revoke his agreement to contract within two weeks without statement of reasons in text form (e.g. letter, Mail: info@appbyyou.com). Timely dispatch of revocation shall suffice to meet the revocation deadline in each of the above cases. Right of cancellation is to be send to: APPbyYOU GmbH, Steigäcker 11, D-78582 Balgheim, Germany.