Terms & Conditions

Last update: 10 July 2022

  • §1 General

Thank you that you are interested in websites, apps, offers, or other projects of us at photos2webgallery.com. Offers are provided by jocapps GmbH, a registered limited liability company in the Federal Republic of Germany (see Legal Disclosure, hereinafter referred to as the Contractor). Therefore, the Contractor is subject to the laws of Germany and the European Union as well as specific international trade conventions, but not necessarily to national laws from customer countries. These general terms and conditions of use clarify the terms of our service and product offerings. Moreover, the latest version of the Privacy Policy also applies. The Customer accepts the terms and conditions when placing their order. Any other terms and conditions of the Customer shall only be effective if they have been confirmed in writing. Regulations, which change or cancel these terms and conditions, are only valid if confirmed in writing. The Customer's own terms and conditions are as a result of this contradicted unless they have been expressly accepted in writing by the Contractor. By agreeing to these terms, you represent that you are at least the age of majority in your country or location of residence, or that you are the age of majority in your country or location of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services. As far as the Customer's requirements do not yet result from the task definition according to the contract, the Contractor shall detail them with the support of the Customer and prepare a specification about them. This specification is binding for further work. The specification can be refined or changed in the course of implementation in agreement with the Customer. If the Contractor recognizes that the task definition is faulty, ambiguous, or cannot be executed with a justifiable amount of work, he shall inform the Customer immediately. The latter shall then decide without delay on the further course of action. Insofar as the realization of a change request affects the terms of the contract or results in a higher workload, the Contractor may demand an appropriate adjustment of the contract terms, in particular an increase in the remuneration or a postponement of the deadlines. Insofar as a cause for which the Contractor is not responsible impairs compliance with the deadlines, the Contractor may demand an appropriate postponement of the deadlines. If the effort increases and the cause is within the Customer's responsibility, the Contractor may - upon notification of the Customer - also request compensation for its additional effort. Except as otherwise expressly stated in these Terms and Conditions, they constitute the entire agreement between the parties concerning the subject matter and supersede all prior or contemporaneous agreements, representations, or other communications, whether oral or written.

  • §2 Procedure of the business relationship

The subject matter and components of the contractual relationship between the Customer and the Contractor are products (including digital products) and/or services. The specific product- or service-related terms and conditions (including the scope of services) can be found on the respective offer website or will be agreed upon individually in writing. Contract languages are English and German. The Customer chooses a product or service from the Contractor and buys it via a website, email, letter, chat, fax, or telephone. The Customer receives the product as a download link (digital products), physical delivery (physical products), or as a digital delivery receipt according to the specifications (services). In general, the Customer shall name a responsible contact person who can make or bring about decisions. The contact person shall record decisions in writing. The contact person shall be available to the Contractor for necessary information. The Contractor shall regularly inform the Customer about the status of the work. The Customer shall be obliged to support the Contractor as far as necessary and provide in its and to create in its sphere of operation all the conditions needed for the proper execution of the order. The Customer shall provide all information and services necessary for implementation free of charge. The Contractor is entitled to share all information and code with all its employees. The Contractor is also entitled to hire international subcontractors and freelancers to perform (partial) tasks of the Customer at its own expense. As a rule, most parts of the work shall be performed remotely from Germany, India, and Australia. For the assignment of subcontractors and freelancers, the Contractor may also share information and code of the Customer with these subcontractors and freelancers as if they belonged legally to the Contractor's company itself. When a non-disclosure agreement is entered into between the Customer and the Contractor, an exchange between the Contractor and its subcontractors and freelancers under the non-disclosure agreement formulation is interpreted as if the subcontractors and freelancers also worked legally in the Contractor's own company. The Contractor's subcontractors and freelancers are encouraged to use information discreetly by the Contractor. If the Contractor engages a subcontractor or freelancer, the Customer shall remain the Contractor's sole contractual partner. There is no direct relationship under the law of obligations between the Customer and the subcontractor or freelancer, even if the contracts are economically related. In the absence of a protective effect, the Customer cannot derive any rights from the contract concluded between the Contractor and the subcontractor or freelancer. The debtor of the subcontractor's claim for remuneration is the Contractor. The subcontractor may also not assert claims against the Customer arising from management without a mandate. The Contractor may terminate the project at any time in return for a complete or - depending on the work already delivered - pro-rata refund if the Contractor feels unable or unwilling to meet the Customer's (possibly changing) project requirements. All requirements (e.g., desired features according to individual ideas) not explicitly described on the product and service offer pages are considered outside the offer and are not included. Moreover, there is no legal claim for support (e.g., technical service by mail, live chat, phone, letter, or call). Support services are explicitly never part of the purchased product or service itself but are provided voluntarily at the sole discretion of the Contractor with regard to scope, response time, and support period (see also product-specific regulations depending on the service). On an individual basis, however, an additional paid support and maintenance plan may be negotiated and concluded under certain circumstances.

  • §3 Payments

The Contractor offers the default payment option of full prepayment for orders at photos2webgallery.com (delivery after payment). The Contractor can also specify the payment mode digitally using technical order forms and wizards with appropriate payment mode specifications. After delivery, the Customer undertakes to check the contractual conformity of the software, including the documentation, concerning the essential functions to declare its acceptance in writing. The maximum inspection period is 14 days unless otherwise agreed. The order shall be deemed to have been accepted as soon as, after the expiry of the inspection period of 14 days, its usability is not significantly restricted due to reported defects. The order shall also be deemed accepted if the Customer indicates this by conclusive behavior. Acceptance may not be refused in principle in the case of minor defects. Some of our order processes are conducted by our online reseller partners Envato Market/CodeCanyon, or Paddle. For these orders, Envato Market/CodeCanyon or Paddle are the responsible contact companies for billing, invoices, and refunds. For Paddle orders, Paddle Market is the Merchant of Record for all these orders, and Paddle provides all customer service inquiries and handles returns for these orders. We reserve the right to refuse any order you place with us directly or through our resellers or Merchant of Record. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  • §4 Rights of use

The Customer shall be entitled to use the software, including documentation, as desired for the contractually stipulated purpose. Here, however, the license conditions of the product or service purchased apply in particular, which, for example, limit the number of end products generated from code. All other use rights shall be determined individually for each project as part of the contract. The Contractor may create further use of software features that it had made itself unless the contract is subject to a non-disclosure agreement or certain parts were not explicitly excluded when the contract was concluded. Resale of our offers and codes is only allowed with written consent on an individual basis. In general, the Customer may not transfer, sublicense or otherwise assign its rights or obligations under these Terms and Conditions to any third party without Contractor's prior written consent. Any attempted transfer, sublicense, or assignment will therefore be disallowed. However, the Contractor may transfer or delegate any or all of its rights and obligations under these Terms and Conditions to employees, subcontractors, partners, freelancers, or other companies without the Customer's consent. The Contractor's products and services usually also contain third-party content, e.g., graphics, fonts, and software frameworks. Therefore, the Customer must separately consult, take into account and comply with the data protection conditions and terms and conditions of the rights holders / operating companies. Upon request (in writing, by e-mail to the Contractor), a list of the third-party assets used can be issued to the Customer even before purchase to inspect a purchase/requirement decision in advance regarding technical and legal (project) requirements.

  • §5 Warranty

The Contractor warrants that the order, when used in accordance with the contract, will meet the intended task and will not have any serious defects that would nullify or diminish its suitability significantly. The warranty period of 14 days begins with the acceptance. The Customer has warranty claims only if reported defects are reproducible or can be shown by machine-generated output. The Customer shall report flaws in a reproducible form, stating the information that is useful for identifying the defect. The Customer shall support the Contractor as far as necessary in the elimination of defects, particularly at the request of the Contractor, to send a data carrier with the program concerned and provide working materials. The Contractor shall remedy defects within a reasonable period of time. The Customer may set an appropriate deadline for the elimination of defects. If the elimination of defects fails, the Customer may, under the statutory conditions, demand a reduction of the remuneration, rescission of the contract, or, within the scope of the terms and conditions, damages. The warranty shall expire for programs that the Customer modifies or otherwise interferes with unless the Customer proves in connection with the notification of defects that the intervention was not the cause of the defect. The Contractor may demand reimbursement of its expenses insofar as it has acted based on a defect report without there being a defect. The Contractor shall also be released from claims for non-performance or late performance in the event of force majeure. This includes, for example, natural catastrophes, internet service outages, terrorist attacks, war, public emergencies, health crises, acts or omissions of the Customer or third parties, or other causes beyond the reasonable control of the Contractor.

  • §6 Data protection and confidentiality

The Contractor points out to the Customer that data protection for data transmissions in open networks, such as the internet itself, cannot be comprehensively guaranteed according to the current state of the art. However, within the scope of the order processing, the Contractor undertakes to take precautionary measures (e.g., SSL, virus scanner, firewall, password protection of critical data) to ensure that unauthorized third parties do not possess confidential data of the Customer. The Contractor shall be obligated for an unlimited period of time to maintain confidentiality concerning business and trade secrets as well as all information designated as confidential that becomes known to it in connection with the execution of the order. Disclosure to persons not involved in the execution of the order may only take place with the Customer's written consent. The Contractor shall oblige in writing all persons employed by him for the execution of the order to comply with the above provision. Each party to the contract may process data of the other party automatically within the scope of the execution of the order (in accordance with the latest version of the Privacy Policy).

  • §7 Liability

Any liability of the contractor for damages or compensation for wasted expenses is excluded. However, the possibility of liability according to legal requirements, such as the Product Liability Act ("Produkthaftungsgesetz") in Germany, remains unaffected. In particular, any liability or claims for damages arising from impossibility or delay of performance, from positive violation of claims arising from fault upon conclusion of the contract, and from tort are excluded both against the Contractor and against its subcontractors and employees. In particular, the Contractor shall not be liable for indirect or consequential damages, damages due to third-party trademark/copyright claims, or lost profits. This applies in particular to delayed deliveries due to additional requests. The Customer is responsible for backing up its data files. This shall also apply before maintenance, service, and setup work is carried out by the Contractor or on its behalf. Liability for the loss of data is excluded unless the loss of data was caused by intentional or grossly negligent actions or omissions on the Contractor's part. Before maintenance, service, and setup work, the Customer must back up its data files. Contractual claims for damages of the Customer against the Contractor shall become statute-barred one year after the claim arises unless shorter legal limitation periods exist.

  • §8 User content

Some of our websites and apps allow uploading content. The following restrictions apply. For all content posted by users, regardless of the form of the content (e.g., activity description, comments, profile picture, audio/video files), the respective users are solely responsible for their content. The uploaded content will be shared with other users (depending on the functionality of the website or app). The user agrees to this distribution. Users are prohibited from using other users' content outside of the website or app for other purposes (e.g., retransmission, manipulation). By uploading content, users assure that they are not in breach of the law. In particular, they do not contain defamatory, threatening, obscene, libelous, abusive, violent, sexist, homophobic, racist, or other types of information that violate human rights. Users guarantee that their content does not infringe copyrights, other intellectual property rights, and other persons' or companies' interests. In the event that third parties claim the Contractor because of the infringement caused by users, the responsible users release the Contractor from the claim and the resulting costs. Users are prohibited from posting data that contains computer viruses or similar harmful elements that could lead to technical errors or manipulation. Responsible users are liable for any claims resulting from such behavior. The Contractor is entitled to process the content posted by users in accordance with the latest version of the Privacy Policy.

  • §9 Refunds

Orders must be claimed within 14 days after initial delivery. After 14 days, there is no claim for changes or refunds possible.

  • §10 Other

German and European law shall apply, while the UN/United Nations Convention on Contracts for the International Sale of Goods shall not apply. Changes and additions to these conditions or the contract must be declared in writing. The place of jurisdiction towards a merchant, a legal entity under public law, or a special fund under public law is always the registered main office of the Contractor. Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. The Contractor is entitled to terminate the Terms and Conditions and the business relationship at any time, for example, if the Contractor determines that the cooperation could harm the Contractor, the Customer, or third parties. The Contractor's right to unilateral termination of the Terms and Conditions also applies in particular also in cases of abandonment of a business area (discontinuation of a product or service), insolvency proceedings, liquidation, or an assignment in favor of creditors. In the event that the Contractor terminates the Terms and Conditions and the business relationship, the customer is not entitled to any refunds (if the product or service order was previously delivered) or provision of further support or further updates, even if previously advertised. Any provision of these Terms and Conditions found to be illegal or unenforceable by any arbitrator or court of competent jurisdiction shall be severed from these Terms and Conditions, and all other provisions of these Terms and Conditions shall remain in full force and effect. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Home | Privacy Policy | Legal Disclosure