THIS AGREEMENT is dated 24.10.2017
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and PetsForFriends
(Im Hook 10, 48165 Münster, Germany) (Licensor, us or we) for:
PetsForFriends mobile application software (App)
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by
the Apple Store application store from whose site, located at Appstore,
the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We and/or the owners of the
App remain the owners of the App and Documents at all times.
Operating system requirements This App requires an Apple device with a minimum of 50 MB of memory. Internet
access and the iOS operating system.
By downloading the App from this website or clicking on the “Accept” button below you agree to the terms of
the licence which will bind you. The terms of the licence include, in particular, limitations on liability
in condition 7.
If you do not agree to the terms of this licence, we will not license the App and Documents to you and you
must stop the downloading or streaming process (as applicable) now by clicking the Cancel button below. In
this case the downloading or streaming process will terminate.
You should print a copy of this EULA for future reference.
The terms of this EULA apply to the App or any of the services accessible through the App (Services),
including any updates or supplements to the App or any Service, unless they come with separate terms, in
which case those terms apply. If any open-source software is included in the App or any Service, the terms
of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time by sending you an e-mail with details of the change or notifying you
of a change when you next start the App. The new terms may be displayed on-screen and you may be required to
read and accept them to continue your use of the Services.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may
not be able to use the Services until you have downloaded or streamed the latest version of the App and
accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices
that are controlled, but not owned, by you and described in condition (Devices) and to download or stream a
copy of the App onto the Devices. You and they may be charged by your and their service providers for
internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the
use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
By using the App or any of the Services, you consent to us collecting and using technical information about
the Devices and related software, hardware and peripherals for Services that are internet-based or wireless
to improve our products and to provide any Services to you.
The App or any Service may contain links to other independent third-party websites (Third-party Sites).
Third-party Sites are not under our control, and we are not responsible for and do not endorse their content
or their privacy policies (if any). You will need to make your own independent judgement regarding your
interaction with any Third-party Sites, including the purchase and use of any products or services
accessible through them.
Any words following the terms including, include, in particular or for example or any similar phrase shall
be construed as illustrative and shall not limit the generality of the related general words.
Grant and scope of licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable,
Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
download or stream a copy of the App onto an Apple device and to view, use and display the App on the
Devices for your personal purposes only; and
use the Documents for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
not to copy the App except where such copying is incidental to normal use of the App, or where it is
necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any
part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of
the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the
Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for
the purpose of achieving inter-operability of the App with another software program, and provided that the
information obtained by you during such activities:
is used only for the purpose of achieving inter-operability of the App with another software program;
is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
is not used to create any software that is substantially similar to the App;
to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and
locations of all copies of the App;
to include our copyright notice on all entire and partial copies you make of the App on any medium;
not to provide or otherwise make available the App in whole or in part (including object and source code),
in any form to any person without prior written consent from us; and
to comply with all technology control or export laws and regulations that apply to the technology used or
supported by the App or any Service (Technology),
together Licence Restrictions.
Acceptable use restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting
malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App
or any Service(to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use
of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our
systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any
transmissions to or from the servers running any Service.
Intellectual property rights
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world
belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no
rights in, or to, the App or the Technology other than the right to use each of them in accordance with the
terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
No warranty or support
You expressly acknowledge and agree that use of the App and Services provided is at your sole risk and that
the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
To the maximum extent permitted by applicable law, the App and Services are provided “as is” and “as
available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and
conditions with respect to the App and Services, either express, implied or statutory, including, but not
limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness
for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do
not warrant against interference with your enjoyment of the App that the functions contained in the App or
Services will meet your requirements, that the operation of the App or Services will be uninterrupted or
error-free, or that defects in the App or Services will be corrected. No oral or written information or
advice given by us or our authorised representative shall create a warranty. Should the App or Services
prove defective, you assume the entire cost of all necessary servicing, repair or correction.
Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is
therefore your responsibility to ensure that the facilities and functions of the App as described in the
Documents meet your requirements.
We only supply the App for domestic and private use. You agree not to use the App for any commercial,
business or resale purposes, and we have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
Our maximum aggregate liability under or in connection with this EULA (including your use of any Services)
whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to EUR
30. This does not apply to the types of loss set out in condition.
Nothing in this EULA shall limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by German law.
We may terminate this EULA immediately by written notice to you:
if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within
14 days after the service of written notice requiring you to do so;
if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
on thirty days notice.
On termination for any reason:
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA;
you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the
App and Documents then in your possession, custody or control and certify to us that you have done so.
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in
writing, you can send this to us by e-mail at [email protected] We will confirm receipt of this by
contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you
provide to us in your request for the App.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations under this EULA that is caused by any act or event beyond our reasonable control, including
failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for performance of our obligations will be
extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be
performed despite the Event Outside Our Control.
Other important terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect
your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our
rights against you, or if we delay in doing so, that will not mean that we have waived our rights against
you and will not mean that you do not have to comply with those obligations. If we do waive a default by
you, we will only do so in writing, and that will not mean that we will automatically waive any later
default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that
any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by German law. You and we
both agree that the courts of Germany will have non-exclusive jurisdiction.
This agreement has been entered into on the date stated at the beginning of it.