Terms of Use and General Conditions of Sale of the Gira AppShop

I. General Terms and Conditions

You must accept these Terms and Conditions during registration by clicking on the corresponding field.

1. Eligible participants:
   Natural and legal persons holding a valid My Gira account are eligible to participate. All content provided in the AppShop may be downloaded free of charge after logging in with a My Gira account.
2. No entitlement to participate exists.
3. Customers are obliged to provide truthful information when registering and to notify Gira, without undue delay and on their own initiative, of any changes to the information requested during registration.
   Customers may not impersonate another person during registration or use a name that they are not entitled to use. Customers authorise Gira to use any information requested during registration in order to verify the accuracy of such information (including updates thereto).
4. If false information is provided during registration, or if a customer fails to notify Gira of any changes, Gira may exclude the customer with immediate effect. Gira reserves the right to reject any registration at its sole discretion at any time.
5. Customers are solely responsible for the security of their password. Disclosure of the password to third parties is not permitted.

II. Data Protection

Customers have been comprehensively informed by Gira and its affiliated companies about the nature, scope, location and purpose of the collection, processing and use of the personal/business-related data required for registration for My Gira and for conducting transactions. The Privacy Policy has been acknowledged.

Gira is entitled to communicate with customers electronically or by other means in connection with listings, services and transactions. Customers consent to such communication regardless of any settings or preferences configured under “My Account” or elsewhere within My Gira.

The participant may revoke this consent at any time. Such revocation may be submitted electronically or in writing to:
appshop-support@gira.de

Within the scope of the settings selected by the customer under “My Account”, Gira is entitled to provide information regarding products, services and marketing offers.

The participant may revoke this consent at any time. Such revocation may be submitted electronically or in writing to:
appshop-support@gira.de

Customers expressly consent to the collection, processing and use of personal data.

III. Special Provisions for Downloadable Software

1. Services provided by Gira

Gira makes software and service products available to customers in the Gira download area for download and use.

2. Formation of Contract

1. The customer’s order via the “AppShop” download area constitutes an offer to Gira to enter into a gift agreement (for products provided free of charge) regarding the software downloaded by the customer.
2. The conclusion of contracts for service products shall likewise be governed by the provisions set out above under a. In addition, we point out that a “Disclaimer of Liability for Content” applies to service products. In this respect, reference is made to Section IV of the “General Conditions of Sale”.

3. Rights of Use

1. Gira grants the user a non-exclusive and non-transferable right to use the content provided in the Gira AppShop. Unless otherwise specified in the respective content description, the right of use is unlimited in time and territory.
2. The content provided in the Gira AppShop may be used in connection with Gira products. The content may be installed on multiple devices and used in multiple projects. Resale, independent commercialisation or making the content publicly available is not permitted.

4. Program Modifications

1. The reverse translation of the supplied program code into another code form (decompilation), as well as any other form of reverse engineering of the software, shall only be permitted where necessary to obtain information required to achieve interoperability of an independently created program and where such information cannot otherwise be obtained.
2. Modifications to the software for the purpose of correcting errors or extending functionality are not permitted.
3. Copyright notices, markings, other intellectual property notices, serial numbers and any other identifiers serving to identify the software may not be removed or altered under any circumstances.

5. Termination of Rights of Use

Any breach of these Terms of Use by the customer shall automatically result in the termination of the customer’s rights of use (licences), as well as those of third parties.

IV. General Conditions of Sale

1. Warranty

1. The content provided in the Gira AppShop is made available free of charge.
2. Gira endeavours to provide the content free of errors and up to date. However, no claim shall exist to error-free operation, specific characteristics or any specific level of availability.
3. To the extent permitted by law, the content is provided without any warranty whatsoever.
4. Gira reserves the right to update, modify or remove content at any time.

2. Exclusion of Liability

1. Gira’s liability for any damage suffered by the customer or third parties in connection with the download and use of downloaded software is expressly excluded.
2. Gira’s liability for any damage suffered by the customer or third parties in connection with the download or use of service products acquired by the customer is expressly excluded.
3. The exclusions of liability set out in Section 2 (1) and (2) shall not apply where Gira’s liability is based on wilful misconduct or gross negligence. The customer shall bear the burden of proof regarding the existence of such fault.
4. By providing service links (redirects to partner solutions/concepts) referred to within functional concepts, Gira merely provides the customer with the service of such redirection. Gira assumes no warranty or liability for any services or content exchanged between the customer and the respective service provider. Any liability of Gira shall be excluded to the extent permitted by law.

3. Place of Performance and Jurisdiction

1. The place of performance shall be Gira’s registered office.
2. The place of jurisdiction shall be Gira’s registered office. However, Gira shall also be entitled to bring legal proceedings against the customer at the customer’s registered office.

4. Applicable Law

All legal relationships between the customer and Gira shall be governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.