The following Terms of Service, consisting of the Service Description, the General Terms and Conditions (the “GT&C”) as well as the Third Party License Conditions, shall apply between iboxxit GmbH, Krefelder Strasse 225, 52070, Germany, phone no. +49-241-41251100, E-Mail: service@iboxxit.com (“iboxxit”) and you (the “Customer”). Unless explicitly noted otherwise, this English version is provided for information purposes only and the German version shall be legally binding and decisive.
iboxxit provides to the Customer the Services defined below in the version selected by the Customer for the contractual use within the agreed purpose of use (including the relevant IT resources) on the basis of a license agreement. The use is only possible if the relevant system requirements are complied with. In detail the following applies:
Services
The iboxxit-Services currently encompass the following components:
The iboxxit-Services have the quality of service described below:
Versions and Contractual Use
iboxxit presently offers the iboxxit-Services in the following three versions, which in each case define the contractual use of the iboxxit-Services to be provided:
Free-Version
The Free-Version is provided to the Customer free of charge and for an indefinite term; it enables the Customer to view Customer Content of other Customers, to the extent shared as well as – to a limited extent – the creation of own Customer Content. The limitation can be assessed by iboxxit in its reasonable discretion and curently amounts to 4 Places, 4 Boxxes (expandable to 20 Boxxes under certain conditions) and up to 1,000 Item-Entries (one “Item-Entry” corresponds with one photo, irrespective of the quantity of physical items allocated to the relevant photo, e.g., a photo of ten picture frames with the quantity “10” thus only counts as one Item-Entry). This includes iboxxit’s right to discontinue the Free-Version completely, as the case may be. There is no legal right to claim expansions of the scope of use of the Free-Version for one’s own Customer Content.
Premium-Version
The Premium-Version is made available to the Customer for a fee of currently EUR 19.99 (including applicable VAT) for a term of one year from the conclusion of contract. It enables the Customer to create own Customer Content of up to 10,000 Item-Entries in up to 500 Boxxes and 100 Places within the agreed purpose of use (see section 3.2) and to view the Customer Content of other Customers to the extent shared.
Business-Version
The scope of services offered in the Business-Version correlates with the one in the Premium-Version, but with the following expanded limits: up to 100,000 Item-Entries in up to 1,000 Boxxes and up to 100 Places. It is made available to the Customer for a fee of currently EUR 69.99 (including applicable VAT).
Purpose of Use and Utilization of IT-Ressources
License Agreement
Notwithstanding the applicable license terms of third party software and content (see Third Party License Conditions in section III), which apply independently from the following granting of a right of use to the Customer by iboxxit, iboxxit grants a non-exclusive, locally unlimited right of use to the Customer concerning the Apps and relating website applications to use the iboxxit-Services for the respective term of contract. This right of use is subject to (i) any content limitations following this Service Description, in particular the purpose of use as set out in section 3, the GT&C as well as the Third Party License Conditions and (ii) is neither sub-licensable nor transferable; section 3.7 of the GT&C remains unaffected.
System Requirements
The Customer is only able to use the iboxxit-Services if the IT systems installed by him are able to run an up-to-date web browser. For using the Apps, a smartphone or tablet with a camera as well as an up-to-date version of Android (currently at least 4.0.3) or iOS (currently at least 9.0.1) is required.
Reservation of Changes
For operational and/or technical development reasons iboxxit is at any time entitled to change the specifications and functionalities of the iboxxit-Services according to aforementioned sections 1 to 4 (e.g. by way of updates of respective software), provided that the respective change does not materially decrease or affect the scope of the iboxxit-Services. This might also lead to changes relating to the system requirements (see aforementioned section 5) which then need to be adhered to by the Customer.
Applicability, Definitions of Terms
Registration of a Customer Account, Conclusion / Performance of Contract
General Terms of Use
Customer’s Rights to and in Connection with Customer Content
Right of Withdrawal for Consumers
Consumers have a 14 days right of withdrawal:
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of conclusion of the contract.
To exercise the right of withdrawal, you must inform us (iboxxit GmbH, Krefelder Strasse 225, 52070 Aachen, E-Mail: service@iboxxit.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model Withdrawal Form
If you wish to withdraw from the contract in accordance with aforementioned section 5 of these GT&C, you may use this model withdrawal form and send it back to us. The use of this model form is not obligatory.
iboxxit GmbH
Krefelder Strasse 225
52070 Aachen
E-Mail: service@iboxxit.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
Fees
Term / Termination
Grant of Use Rights / Open Source Software / Third Party IP Rights
The Customer Content provided by the Customer in the customer account may for its part be protected by copyright and/or ancillary copyright; this applies in particular to the photographic works and/or photographs provided by the Customer. Against this background the Customer grants to iboxxit for the term of the contract and until termination of all contractual relations between the parties (including the data retention period according to section 8.5), and to the extent necessary for providing the intended use of the iboxxit-Services, a non-exclusive, locally unlimited right of use concerning all Customer Content. This right of use may be sub-licensed to subcontractors of iboxxit and comprises in particular the following rights:
Liability
Any liability of iboxxit in relation to damage compensation and/or reimbursement of expenses arising from or in connection with the contractual relationship between iboxxit and the Customer is subject to the following limitations:
Data Protection
Changes of General Terms and Conditions
Final Provisions
Android-App
The Android App may contain the following licensed material whose incorporation iboxxit explicity – partially in the original language of the respective licenses – points out:
Apache 2.0 Licensed Material
The following components
are subject to the Apache 2.0 license conditions which are completely reflected in the Annex to these Third Party License Conditions.
MIT Licensed Material (Binding English Version)
Permission is hereby granted, free of charge, to any person obtaining a copy of TouchImageView, Cropimage and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so.
For the avoidance of doubt, the above permission only extends to TouchImage View and Cropimage but not to the Android App.
Other Licensed Material (Binding English Version)
Zxing Core may contain jai-imageio, which is subject to the following additional notices:
Copyright (c) 2005 Sun Microsystems, Inc.
Copyright © 2010-2014 University of Manchester
Copyright © 2010-2015 Stian Soiland-Reyes
Copyright © 2015 Peter Hull
All Rights Reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
– Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
– Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. (“SUN”) AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
iOS-App
The iOS App is subject to the additional provisions pursuant to section 2.1 and may contain the licensed material as set out in section 2.2 whose incorporation iboxxit explicitly – partially in the original language of the respective licenses – points out:
Additional Terms Applying for the iOS-App
In relation to the iOS App the Terms of Service constitute the license agreement for the end-users, the so-called “EULA”. This section 2.1 of the Third Party License Conditions is solely applicable for the use of the iOS App (in this section 2.1 hereinafter also referred to as “Licensed Application”) and is insofar overriding all other contract provisions.
MIT Licensed Material (Binding English Version)
Permission is hereby granted, free of charge, to any person obtaining a copy of SloppySwiper, ENSwiftSideMenu, TOCropViewController, NSString-RemoveEmoji and ImageScrollView and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so.
For the avoidance of doubt, the above permission only extends to SloppySwiper, ENSwiftSideMenu, TOCropViewController, NSString-RemoveEmoji and ImageScrollView but not to the iOS App.
Other Licensed Material (Binding English Version)
Reachability © 2011-2013, Tony Million. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Sounds in both Apps
The sounds “Checkout Scanner Beep” and “Computer Error Alert” are used with Creative Commons Attribution 3.0 to Mike Koenig, who has recorded these sounds. “Electrocardiogram 60 Hz” is used based on the general permission by Joseph Sardin on BigSoundBank.com. All sounds have been processed for brevity and inclusion into the Apps.
Annex to the Third Party License Conditions – original terms of the Apache 2.0 license (Binding English Version)
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.