PocketNews User Agreement
Version updated: October, 28th 2020
Welcome to the PocketNews app and service!
In order to use the PocketNews application (hereinafter referred to as “this application”) and services, you shall read and abide by the PocketNews User Agreement (hereinafter referred to as “this Agreement”). Please be sure to read carefully and fully understand the terms and conditions, especially the terms of exemption or limitation of liability, and separate agreements for the opening or use of a service, and choose to accept or not accept. Restrictions, disclaimers may prompt you to pay attention in bold form.
You are not authorized to download, install or use the App and related services unless you have read and accepted all the terms of this Agreement. Your download, installation, use, access to the PocketNews account, login, etc. are deemed to have been read and agreed to be bound by the above agreement.
1: The scope of the agreement
1.1 The scope of application of the agreement
This Agreement is an agreement between you and SmarterApps regarding your downloading, installation, use, duplication of PocketNews, and use of the services of SmarterApps.
1.2 Supplementary Terms of the Agreement
The content of this agreement also includes relevant agreements and business rules about the service that may be continuously released by SmarterApps. Once the above content is officially released, it is an integral part of this agreement, and you should also abide by it.
2: About this service
2.1 Content of the Service
This service content refers to PocketNews and web page of the mobile application is provided by SmarterApps UG (haftungsbeschränkt) with offices at Winzeldorfer Weg 6, 20251 Hamburg, GERMANY to users (hereinafter referred to as “SmarterApps”), which supports single-person participation, and provides users with, but not limited to, redemption, on the basis of reading content and sharing content. Application licenses and services for functions or content that are interoperable with other applications (hereinafter referred to as “the Service”).
2.2 Form of the Service
2.2.1 You will need to download the PocketNews Application for your use of the Service. For the above applications, the PocketNews App provides you a personal, non-transferable and non-exclusive license.
2.2.2 The PocketNews application may be available for multiple application versions including but not limited to Android, IOS etc. The user must select the PocketNews version that matches the installed terminal device.
2.3 Scope of the Service License
2.3.1 SmarterApps provides you a personal, non-transferable and non-exclusive license to use the App. You may install, use, display, and run this application on a single terminal device for non-commercial purposes.
2.3.2 All other rights not expressly granted by this section and other terms of this Agreement are retained by SmarterApps, and you must obtain additional written permission from the SmarterApps to exercise these rights. SmarterApps does not constitute a waiver of such rights if it does not exercise any of the foregoing rights.
3: Acquisition of PocketNews
3.1 You can obtain it directly from a third party authorized by SmarterApps.
3.2 If you obtain this application or an installer with the same name as PocketNews from a third party that is not authorized by SmarterApps, SmarterApps cannot guarantee that PocketNews will function properly and will not be liable for any damage caused to you.
4: Application installation and uninstallation
4.1 SmarterApps may have different application versions developed for different terminal devices. You should choose to download the appropriate version for installation according to the actual situation.
4.2 After downloading the installer, you need to follow the steps suggested by the program to install it correctly.
4.3 If you no longer need to use this app or need to install a new version of the app, you can uninstall it yourself. If you are willing to help the SmarterApps improve product service, please let us know the reason.
5: Application updates
5.1 In order to improve the user experience and improve the service content, SmarterApps will continuously strive to develop new services and provide application updates from time to time (these updates may take the form of application replacement, modification, feature enhancement, version upgrade, etc.).
5.2 In order to ensure the security and consistency of PocketNews and services, the SmarterApps has the right to update PocketNews without special notice to you, or to change or limit some of PocketNews’s functional effects.
5.3 After the new version of the app is released, the old version of the app may not be available. SmarterApps does not guarantee that the old version of PocketNews will continue to be available and the corresponding customer service. Please check and download the latest version at any time.
6: User personal information protection
6.1 Protecting User Personal Information is a basic principle of the SmarterApps. The SmarterApps will take reasonable steps to protect the user’s personal information. Except as provided by laws and regulations, SmarterApps will not disclose or disclose the user’s personal information to third parties without the user’s permission. SmarterApps uses professional encryption storage and transmission methods for related information to ensure the security of users’ personal information.
6.2 In the process of registering your account or using the service, you need to provide some necessary information, for example, to provide you with account registration service or user identification, you need to agree to use your device to modify the avatar function. If there are special provisions in national laws, regulations or policies, you need to provide true identity information. If the information you provide is incomplete, you will not be able to use the service or be restricted during use.
6.3 Under normal circumstances, you may browse and modify the information submitted by you at any time, but for security and identification (such as number appeal service), you may not be able to modify the initial registration information and other verification information provided at the time of registration.
6.4 SmarterApps will use a variety of security technologies and procedures to establish a comprehensive management system to protect your personal information from unauthorized access, use or disclosure.
6.5 SmarterApps will not disclose your personal information to any company, organization or individual outside the PocketNews App without your consent, except as otherwise provided by laws and regulations.
6.6 SmarterApps places great emphasis on the protection of minors’ personal information. If you are a minor under the age of 18, you should obtain prior written consent from your parent or legal guardian before using the services of PocketNews.
7: Main rights and obligations clause
7.1 Account Usage Specification
7.1.1 Before using this service, you need to register a PocketNews account. PocketNews account can be authorized to sign in through Facebook account, Google account or your personal Email Address. SmarterApps has the right to change account registration and binding methods according to user needs or product needs. Please follow this agreement and the special rules issued by the SmarterApps to understand the specific rules of your account.
7.1.2 The ownership of the PocketNews account is owned by SmarterApps UG (haftungsbeschränkt) which PocketNews belongs to. After the user completes PocketNews for registration, the user only obtains the right to use the PocketNews account, and the right to use belongs only to the initial applicant. At the same time, the initial application registrant may not give, borrow, lease, transfer or sell the PocketNews account or otherwise permit the non-initial application registrant to use the PocketNews account. Non-initial application registrants may not use the PocketNews account by granting, inheriting, renting, assigning, or otherwise.
7.1.3 The user is responsible for the safekeeping of the registered account information and the account password. The user is responsible for the registered account and the behavior under the password. The User agrees not to disclose the account and password information to others under any circumstances. You should immediately notify SmarterApps to which PocketNews belongs, when you suspect that someone else is using your account.
7.1.4 When a user registers a PocketNews account, the system will automatically match the PocketNews ID number for you. The PocketNews ID number cannot be modified.
7.1.5 If the user does not log in to the account after registering the PocketNews account for a long time, SmarterApps has the right to recycle the account, so as to avoid wasting resources, and any losses caused by the user are borne by the user.
7.1.6 After the user decides to delete the App account, the account will never be able to log in again. The relative data will be removed completely within 60 days, therefore all the users’ data will never be recovered.
7.2 User Notes
7.2.1 You understand and agree that in order to provide you with an effective service, PocketNews will utilize resources such as the processor and bandwidth of your terminal equipment. The cost of data traffic may be generated during the use of this application. Users need to know the relevant tariff information from the operator and bear the relevant expenses.
7.2.2 You understand and agree that certain features of the app may allow third parties to know the user’s information. After interworking with other applications or hardware information, other application or hardware providers can obtain relevant information that the user actively discloses or transmits in PocketNews. Users should fully understand the product functions and information protection strategies of other applications or hardware before selecting.
7.2.3 When you use a particular service of PocketNews e.g. the Offerwall, the service may have separate agreements, related business rules, etc. (collectively referred to as “individual agreements”). Please read and agree to the relevant services before using the service. A separate agreement; if you use the specific service described above, you are deemed to have accepted the relevant separate agreement.
7.2.4 You understand and agree that SmarterApps will use its commercial reasonable efforts to secure your data storage in this application and services, however, SmarterApps does not provide complete assurance, including but not limited to the following:
126.96.36.199 SmarterApps is not responsible for the failure to delete or store data in this application or service;
188.8.131.52 SmarterApps has the right to determine the maximum storage period of data for a single user in PocketNews and service according to the actual situation, and allocate the maximum storage space for the data on the server.
184.108.40.206 If you stop using PocketNews and the service or service is terminated or cancelled, SmarterApps can permanently delete your data from the server. After the service is stopped, terminated or cancelled, SmarterApps is not obligated to return any data to you.
7.2.5 Users are responsible for the following risk content that cannot be controlled by SmarterApps when using this application and services, including but not limited to:
220.127.116.11 Risk of loss or leakage of personal information due to irresistible factors;
18.104.22.168 The user must select the PocketNews version that matches the installed terminal device. Otherwise, any problems or damages caused by PocketNews and the terminal device model may not be matched by the user;
22.214.171.124 When the user accesses the third-party website using this application, the user may bear the risk caused by the third-party website and related content;
126.96.36.199 The content published by the user is forwarded and shared by others, so the risks and responsibilities that may be brought about by the dissemination;
188.8.131.52 Due to the instability of the wireless network signal and the small bandwidth of the wireless network, SmarterApps may fail to log in to PocketNews, the data synchronization is incomplete, and the page is opened slowly.
7.2.6 Our services contain links to third-party websites or services not owned or controlled by SmarterApps. SmarterApps cannot control the content, privacy policies or behavior of any third-party websites or services, and assumes no responsibility. You acknowledge and agree:
SmarterApps is not responsible for any damage or loss caused by the use or reliance on any such content, goods or services, and related to it. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services you visit.
7.3 Third Party Products and Services
7.3.1 When you use the products or services provided by third parties of this application, in addition to complying with the provisions of this agreement, you should also abide by the third party user agreement. SmarterApps and third parties are responsible for each of the possible disputes within the scope of the law.
7.3.2 When the user uses PocketNews or requires SmarterApps to provide a specific service, PocketNews may invoke a third-party system or support or use the third-party support user. The result of use or access is provided by the third party. SmarterApps does not. The Warranty Platform assumes no responsibility for any disputes or damages arising out of the services and content provided by third parties, and any disputes and damages arising out of this are not related to SmarterApps.
7.3.3 You understand and agree that SmarterApps has the right to determine the commercial use of PocketNews, including but not limited to development, operations, etc. SmarterApps undertakes to protect your personal information in strict accordance with this Agreement during development and operation.
7.4 Rewards and redemptions
– read articles,
– watch Rewarded Video ads,
– download third party apps from the Offerwall or,
– Inviting friends to join PocketNews
to obtain points.
SmarterApps will adjust the number of points users can get according to the App operation.
Users CANNOT be rewarded with Points when they watch or click on Ads provided by the Facebook Audience Network or on any other in-feed ads.
Users can only watch a maximum of 50 rewarded Videos per day.
Users can choose to exchange points for cash. Once users accumulate an amount equivalent to the minimum payment threshold in their account, they can use PayPal to cash out. The user understands that Smarterapps reserve the right to change the threshold and the threshold value. The time necessary to reach the threshold value can be extended due to the change of the threshold value. The user has no right to legally claim the original time. Any user below the minimum payment threshold will store their points in the account until the minimum payment threshold is reached. When cashing, users need to provide corresponding account or ID information according to the cashing method. SmarterApps is not responsible for lost or lost payments caused by users providing incorrect payment account information. Payment will be processed and remitted within 7 days from the date of payment request. SmarterApps may delay or cancel any payment for the purpose of preventing illegal activities or fraud, risk assessment, security or investigation. A payment account can only be used by one PocketNews user. One person can only use one PocketNews account to cash out. A PocketNews user can only cash out once a day. Due to regulation, every time users received reward, they must wait 3 days before they can cash out another $0.50 USD.
8: User Code of Conduct
8.1 Information Content Specification
8.1.1 The information content described in this section refers to any content copied, published, and transmitted by users during the use of PocketNews and services, including but not limited to registration information such as PocketNews account avatar, name, user description, or shared text and images. , etc., information, related link pages, and other content generated using the PocketNews account or PocketNews and services.
8.1.2 You understand and agree that PocketNews has always been committed to providing users with a civilized, healthy and standardized network environment. You may not use the PocketNews account or this application and services to copy, publish, and disseminate the following interferences to PocketNews’s normal operations and infringe other users. Or the content of legal rights of third parties, including but not limited to:
184.108.40.206 Publish, transmit, transmit and store content that is prohibited by national laws and regulations:
(1) Violating the basic principles established by the Constitution;
(2) endangering national security, leaking state secrets, subverting state power, and undermining national unity;
(3) damaging national honors and interests;
(4) Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
(5) Destroying the state’s religious policies and promoting cults and feudal superstitions;
(6) Spreading rumors, disrupting social order and undermining social stability;
(7) spreading obscenity, pornography, gambling, violence, terror or abetment;
(8) insulting or slandering others and infringing upon the lawful rights and interests of others;
(9) Inciting illegal gatherings, associations, demonstrations, demonstrations, gathering people to disturb social order;
(10) Activities in the name of illegal civil organizations;
(11) It does not meet the requirements of laws and regulations, national interests, citizens’ legitimate interests, public order, social morality and information authenticity;
(12) Containing other content prohibited by laws and administrative regulations.
220.127.116.11 Publish, transmit, disseminate, and store content that infringes on the legal rights of others, such as reputation rights, portrait rights, intellectual property rights, and trade secrets;
18.104.22.168 Involving the privacy, personal information or information of others;
22.214.171.124 publish, transmit, transmit harassment, advertising information, excessive marketing information and spam or contain any sexual or sexual cues;
126.96.36.199 Other information that violates laws, regulations, policies, public order, social ethics, or interferes with PocketNews’s normal operations and infringes the legitimate rights and interests of other users or third parties.
8.2 Application Specifications
8.2.1 You may not engage in the following acts during the use of this application, except as permitted by law or with the written permission of SmarterApps:
188.8.131.52 Delete the copyright information on this application and its copy;
184.108.40.206 reverse engineer, reverse assemble, reverse compile, or otherwise attempt to discover the source code of PocketNews;
220.127.116.11 use, rent, lend, copy, modify, link, reproduce, compile, publish, publish, and create mirror sites for the intellectual property rights of SmarterApps;
18.104.22.168 Copy, modify, add, or delete the data released into the memory of any terminal during the running of this application or PocketNews, the interaction data between the client and the server during the running of PocketNews, and the system data necessary for the running of PocketNews. , hook-and-run, or authoring any derivative work, including but not limited to access to PocketNews and related systems using plug-ins, plug-ins, or non-PocketNews platform authorized third-party tools/services;
22.214.171.124 By modifying or forging the instructions and data in the running of PocketNews, adding, deleting, changing the function or operation effect of PocketNews, or operating or transmitting PocketNews or method for the above purposes, whether or not the behavior is Commercial purpose
126.96.36.199 through the non-PocketNews platform development, authorized third-party applications, plug-ins, plug-ins, systems, login or use SmarterApps applications and services, or to produce, publish, disseminate the above tools;
188.8.131.52 interfere with PocketNews, its components, modules and data by itself or by authorizing others or third party applications;
184.108.40.206 Other acts not expressly authorized by SmarterApps.
220.127.116.11 One user or one phone only for one account.
8.2.2 You understand and agree that based on the user experience, PocketNews or related service platform operational security, platform rules requirements and healthy development, SmarterApps has the right to choose the object of the service, the right to determine the function settings, the right to determine the function. The objects and scope of open, data interfaces and related data disclosure. The right to suspend or terminate the provision of the Service on a case-by-case basis, including but not limited to:
18.104.22.168 Violation of laws and regulations or the provisions of this agreement;
22.214.171.124 affecting the service experience;
126.96.36.199 There are security risks;
188.8.131.52 Similar or identical to the main functions or functional components of PocketNews, or the main utility of the above functional or functional components;
184.108.40.206 The interface, style, function, description or user experience is similar to PocketNews or its service platform, which may cause PocketNews users to believe that the functions or services they use are from SmarterApps or authorized by SmarterApps;
220.127.116.11 Violation of PocketNews or its service platform operating principles, or not complying with other management requirements of SmarterApps.
8.3 Service Operation Specifications
You may not engage in the following acts during your use of the Service, except as permitted by law or with the written permission of SmarterApps:
8.3.1 Submit or publish false information, or impersonate or use the name of another person;
8.3.2 Inducing other users to click on the link page or share information;
8.3.3 Fictional facts, concealing the truth to mislead or deceive others;
8.3.4 Infringe upon the legal rights of other people’s reputation rights, portrait rights, intellectual property rights, trade secrets, etc.;
8.3.5 Use the PocketNews account and any features, as well as third-party operating platforms for promotion or mutual promotion without written permission from SmarterApps;
8.3.6 engage in any illegal or criminal activities using the PocketNews account or PocketNews and services;
8.3.7 Produce, publish, or operate or disseminate methods or tools related to the above acts, whether or not they are for commercial purposes;
8.3.8 Other violations of laws and regulations, infringement of the legitimate rights and interests of other users, interference with the normal operation of the product or the unauthorized authorization of SmarterApps.
8.4 Responsible for your actions
You fully understand and agree that you must be responsible for all actions under your registered account, including any content you share, and any consequences arising therefrom. You should personally judge the content of the Service and assume all risks arising from the use of the Content, including risks arising from the reliance on the correctness, completeness or usefulness of the Content. SmarterApps cannot and will not be liable for any loss or damage resulting from the foregoing risks.
8.5 Violation treatment
8.5.1 If SmarterApps discovers or receives reports from others or complains that the user violates this agreement, SmarterApps reserves the right to delete or block the relevant content at any time without notice, and to include, but not limited to, warnings against the offending account according to the behavior. Restrict or prohibit the use of some or all of the functions, account bans until cancellation, and announce the results.
8.5.2 You understand and agree that SmarterApps has the right to impose penalties for violations of relevant laws and regulations or the provisions of this Agreement in accordance with reasonable judgment, to take appropriate legal action against any user who violates the law, and to save relevant information in accordance with laws and regulations. For departmental reports, etc., the user shall bear all legal liabilities arising therefrom.
8.5.3 You understand and agree that you shall be solely responsible for any claims, claims or losses claimed by or in connection with your breach of this Agreement or the relevant Terms of Service; if SmarterApps suffers losses, you shall also Compensate together.
8.5.4 You understand and agree that common reasons of PocketNews account gets disabled for violating user agreements:
Take deceptive or improper approach to obtain points from both inviting friends or fraud sharing;
Take technical approach, or use third-party applications outside the platform to obtain coins;
Individuals or teams for the purpose of obtaining coins only, organized, planned, using online media such as groups and radios outside the platform, to share the articles, read each other or similar behaviors to obtain coins;
8.5.5 You understand and agree that the status of the PocketNews account is disabled:
Account is suspected: withdrawal cash out is disabled
This state is a warning action from the system. The system adopts the phased partial function deactivation through the analysis of recent data performance and behavior of users suspected of cheating. In this state, the suspected user can log in to the App normally, and can use it for reading, but cannot perform the withdrawal cash out operation.
Account blocked: all features are disabled
This state is a protection from the system. Based on user behavior and data analysis, the system deactivates all permanent functions for users with obvious cheating and deceptive behavior. In this state, the suspected user cannot log in to the app and all functions are disabled.
9: Intellectual Property Statement
9.1 SmarterApps is the intellectual property right holder of this application. All intellectual property rights, trademarks, patents, trade secrets and other intellectual property rights of this application, as well as all information related to this application (including but not limited to text, pictures, audio, video, graphics, interface design, layout framework, related data Or electronic documents, etc. are protected by German laws and regulations and corresponding international treaties. SmarterApps enjoys the above intellectual property rights, except for the rights that the relevant rights holders are entitled to in accordance with the law.
9.2 You may not implement, utilize or transfer such intellectual property rights for any commercial or non-commercial use, without the written consent of SmarterApps or the relevant rights holders.
9.3 All content uploaded and published during the use of this application and service will not be transferred due to the rights of intellectual property and portrait rights due to uploading and publishing.
10: Copyright Policy
SmarterApps UG respects the intellectual property rights of others. Therefore, in accordance with the applicable law in this domain, we aim to remove any material that infringes copyright or property rights of others. If SmarterApps UG becomes acquainted with the infringement of said laws by one of its users, it is in our right to terminate the account of the user. All users must comply with all applicable copyright laws. If you believe that any part of the Service infringes any copyright, you may file a notice of such infringement by contacting us at firstname.lastname@example.org or at the address stated above.
11: Terminal Security Responsibility
11.1 You understand and agree that this application, like most Internet applications, may be affected by a number of factors, including but not limited to user reasons, network service quality, social environment, etc., and may be subject to various security issues, including However, it is not limited to illegal use of user data by others to carry out real-world harassment; other applications downloaded or installed by users may contain viruses, Trojans or other malicious programs, which may threaten your terminal device information and data security, and then affect The normal use of this application, etc. Therefore, you should strengthen the information security and personal information protection awareness, pay attention to password protection, so as not to suffer losses.
11.2 You may not create, publish, use or transmit malicious programs used to steal PocketNews accounts and other people’s personal information or property.
11.3 Maintaining application security and normal use is a shared responsibility of SmarterApps. SmarterApps will take reasonable and prudent measures to protect your terminal device information and data security according to industry standards, but you acknowledge and agree that SmarterApps cannot fully guarantee to provide this.
11.4 Under no circumstances should you believe in borrowing, asking for passwords or other network information related to property. If you are involved in property operations, please check the identity of the other party first, and always pay attention to the tips of SmarterApps to prevent fraud.
12: Third-party applications or technologies
12.1 This application may use third-party applications or technologies (including open source code and public domain code that may be used by this application, etc.), which has been legally authorized.
12.2 If PocketNews uses third-party applications or technologies, SmarterApps will, in accordance with relevant regulations or conventions, package related protocols or other documents, possibly through the annex to this agreement, in a specific folder of PocketNews installation package, or through open source. Displayed in the form of application pages, etc., they may be expressed in the form of an Application License Agreement, a License Agreement, an Open Source Code License, or other forms. The foregoing agreements, other documents and web pages displayed in various forms are an integral part of this Agreement and have the same legal effect as this Agreement. You should abide by these requirements. If you do not comply with these requirements, the third party or state agency may file a lawsuit, fine or other sanctions against you, and ask SmarterApps to assist you, you should bear the legal responsibility.
12.3 Any dispute arising from third-party applications or technologies used in this application shall be resolved by the third party and SmarterApps shall not be held liable. SmarterApps does not provide customer support for third-party applications or technologies. If you need support, please contact a third party.
13: Third Party Services
The Service offers and allows the user to access content that is provided by a third party. As we do not have any control or responsibility over the content and functionality of said services, the Service is not to be deemed liable for them. Therefore, the links to these services do not entail any endorsement or association with them. Consequently, if you decide to visit any website or external service linked to the Service, you do so at your own risk and have the responsibility to protect yourself from any virus or malicious program that may be found on these services. Accordingly, the Service is not responsible for any damage, loss or offence you may incur in by using those links.
14.1 Your use of the App is deemed to have been read and agreed to be bound by this Agreement. SmarterApps reserves the right to modify the terms of this Agreement as necessary. You can review the terms of the agreement in the latest version of this app. After we change the terms of this agreement, if you continue to use PocketNews, you are deemed to have accepted the revised agreement. If you do not accept the revised agreement, you should stop using the app.
14.2 The establishment, entry into force, performance, interpretation and resolution of this Agreement shall be governed by the laws of Singapore (excluding conflict of laws).
14.3 If there is any dispute or dispute between you and SmarterApps, you should first settle it through friendly negotiation; if the negotiation fails, you agree to submit the dispute or dispute to the jurisdiction of the jurisdiction where the agreement is signed.
14.4 The headings of all the terms of this Agreement are for convenience only and have no actual meaning and cannot be used as a basis for interpretation of the meaning of this Agreement.
13.5 The terms of this Agreement are partially invalid or unenforceable for any reason, and the remaining terms are still valid and binding on both parties.
You agree to defend, indemnify and hold harmless SmarterApps UG (haftungsbeschränkt) and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
16: Limitation Of Liability
In no event shall SmarterApps UG (haftungsbeschränkt), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SmarterApps UG (haftungsbeschränkt) its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted or available at any particular time or location; b) any errors or defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
19: Governing Law
These Terms shall be governed and construed in accordance with the laws of the FEDERAL REPUBLIC OF GERMANY, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at email@example.com