Our Terms, Simply Framed.

Introduction

This document presents the finalized General Terms and Conditions (GTC) for the "AppMockr" Software-as-a-Service (SaaS) platform. Moving beyond a standard template, this GTC has been meticulously engineered to serve as a strategic asset for the business. It is designed not only to establish a clear contractual relationship with users but also to proactively mitigate legal and commercial risks, protect core intellectual property, and provide a robust framework for scalable growth. The following sections detail the finalized legal text and provide an in-depth analysis of the strategic rationale underpinning each clause.

Summary of Critical Enhancements

The transformation of the GTC is built upon four strategic pillars, each designed to fortify the Provider's legal and commercial position in the competitive SaaS landscape.

Risk Allocation and Liability Shielding: A systematic approach has been implemented to define and limit the Provider's exposure. This is achieved through a precise definition of the service delivery point, clear warranty disclaimers that align with industry standards for software, and a tiered limitation of liability. This structure caps financial risk in direct proportion to the revenue generated by a user, creating a predictable and insurable risk profile for the business.

Navigating the UGC Frontier: The GTC now incorporates a sophisticated legal framework to govern User-Generated Content (UGC). This framework carefully balances the user's ownership of their content with the Provider's need for an operational license to deliver the service.

Establishing a Defensible Jurisdictional Framework: The strategic selection of Swiss law and jurisdiction provides a stable and predictable legal environment for dispute resolution. This is intelligently paired with necessary accommodations for international users, specifically consumers within the European Union. This dual approach ensures broad enforceability of the terms, acknowledging mandatory consumer protection laws while maintaining a "home-court advantage" for business-to-business and other international disputes.

Commercial Clarity and Contract Management: Significant improvements have been made to clauses governing subscriptions, payments, and termination procedures. By clearly defining the contract lifecycle, automating renewal and cancellation processes through a third-party portal, and establishing clear consequences for non-payment, these terms are designed to reduce administrative friction, minimize common customer disputes, and secure the Provider's revenue streams.

Part II: Revised and Annotated General Terms and Conditions for AppMockr

Preamble

These General Terms and Conditions (hereinafter "GTC") govern the entire contractual relationship between the provider of the web application "AppMockr" (hereinafter "Provider") and the registered natural or legal persons (hereinafter "User") for the use of the services and functions provided on the website appmockr.com and any associated domains. These GTC constitute the complete and exclusive agreement between the parties regarding its subject matter.

Expert Commentary & Deeper Insights

The preamble serves as the legal foundation for the entire agreement. Its primary function is to define the parties and the scope of the relationship with absolute clarity. The declaration that these GTC constitute the "complete and exclusive agreement" is a critical legal defense mechanism known as a merger or integration clause.

The strategic purpose of this clause is to prevent disputes arising from informal communications. In business operations, discussions may occur via email, support chats, or phone calls. A user might later claim that a statement made in one of these channels constituted a binding promise or a modification of the terms. By establishing from the outset that the written GTC is the entire agreement, the Provider preemptively invalidates such claims. This forces any and all legally binding obligations into this single, controllable document, dramatically simplifying contract management and dispute resolution. It establishes a clear legal reality where the written terms supersede any prior or contemporaneous oral or written understandings, thereby creating a strong bulwark against "he said, she said" arguments and fortifying the Provider's legal position from the very first paragraph.

1. Scope, Subject Matter, and Contract Formation

1.1 Applicability

These GTC, in the version valid at the time of the conclusion of the contract, form the exclusive basis for the use of the AppMockr platform. The use of the service by the User constitutes their full and unconditional acceptance of these GTC. Conflicting, deviating, or supplementary terms and conditions of the User shall not become part of the contract, even if the Provider does not expressly object to them. These GTC apply to all offered service packages, including both free and paid use of the service.

1.2 Subject Matter of the Contract

The subject of the contract is the provision of the "AppMockr" software for use via the internet as a Software-as-a-Service (SaaS) solution for the creation of device mockups. The Provider makes the software available to the User for use at the point of transfer, which is defined as the router exit of the data center utilized by the Provider. The User's connection to the internet, the maintenance of the network connection, as well as the procurement and operation of the hardware and software required on the User's side (e.g., a current web browser) are not part of this contract and fall within the sole responsibility of the User. This contract does not grant the User any right to obtain a copy of the software for local installation.

1.3 Contract Formation

The contractual relationship between the Provider and the User is formed as follows:

a) General User Contract: The general user contract for the use of the AppMockr platform is concluded when the User successfully completes the online registration process and, by actively clicking a designated checkbox, confirms having read, understood, and accepted these GTC and the separate Privacy Policy.

b) Paid Subscription Contract: When booking a paid subscription plan ("Basic" or "Pro"), a separate contract for the paid use of the service for the selected term is concluded upon the successful completion of the payment process via the external payment service provider.

Expert Commentary & Deeper Insights

This section strategically delineates the boundaries of the service and the moments of legal commitment. Two elements here are of paramount importance for risk management.

First, the definition of the "point of transfer" as the "router exit of the data center" is the most critical risk allocation mechanism in the GTC. This is not a mere technicality; it is a legal demarcation line. A SaaS provider's control ends where its own infrastructure connects to the public internet. By contractually defining the service delivery point at this precise boundary, the Provider legally absolves itself of responsibility for any failures, latency, or issues that occur across the vast, uncontrollable expanse of the public internet, local internet service providers, or the user's own local network and hardware. This precise definition transforms a vague promise of "availability" into a specific, measurable, and legally defensible obligation. It directly underpins the enforceability of the Service Level Agreement (SLA) in Section 3 and the Limitation of Liability in Section 10.

Second, the dual contract formation model provides commercial and legal clarity. The process is intentionally bifurcated. A base-level contract is formed upon registration, establishing the fundamental rules of engagement for all users, including those on the free plan. A separate, commercially significant contract is then formed at the moment of payment for a subscription. This structure strengthens the Provider's position in payment disputes. By requiring the affirmative action of completing a payment process to initiate the paid term, it becomes exceedingly difficult for a user to later claim they were unaware of entering into a paid agreement. This "clickwrap" approach for the paid subscription provides strong evidence of intent, which is crucial for defending against credit card chargebacks and claims for refunds.

2. User Account and Registration Obligations

2.1 Eligibility and Data Accuracy

The use of AppMockr is permitted only to natural persons with full legal capacity and to legal persons represented by an authorized individual. The User is obliged to provide truthful, current, and complete information as required by the registration form and to maintain the accuracy of this data throughout the entire contract period.

2.2 Account Security

The User is solely and entirely responsible for maintaining the confidentiality of their account credentials (e.g., password). All activities that occur under the User's account are attributed to the User. The User must immediately notify the Provider of any suspected or actual unauthorized use of their account or any other breach of security.

2.3 Prohibition of Account Sharing

A user account is personal and non-transferable. The User is prohibited from sharing, selling, or otherwise transferring their account credentials to any other person or entity, unless a specific subscription plan purchased by the User expressly permits multiple authorized users.

2.4 Anti-Abuse Measures

The creation of multiple user accounts by the same individual or entity for the purpose of circumventing the usage limitations of the free service plan ("Free Plan") is strictly prohibited. The User bears the sole responsibility for complying with this rule. The Provider reserves the right, but has no obligation, to implement technical measures to detect and prevent such abuse. In the event of a violation, the Provider is entitled to block or permanently delete the associated accounts without prior notice or liability.

Expert Commentary & Deeper Insights

These clauses are not passive rules but active assertions of the Provider's right to maintain the integrity of its platform and business model. The obligation for the user to maintain current and accurate data extends beyond simple contact information. It is foundational for ensuring that legal notices (such as amendments to the GTC or termination notices) are deemed to have been properly delivered. It also serves as a basic Know Your Customer (KYC) principle, helping to identify and manage problematic accounts.

The anti-abuse clause is a direct response to a significant commercial risk inherent in any "freemium" business model. Such models are vulnerable to users who exploit the free offering by creating a series of disposable accounts, thereby consuming server resources and support capacity without generating revenue. A purely reactive approach to this problem is inefficient. By explicitly prohibiting this behavior in the GTC and reserving the right to act without assuming an obligation to do so, the Provider transforms a business challenge into a clear contractual breach. This provides the necessary legal justification to act swiftly and protect its commercial interests without risking claims of wrongful termination or unfair treatment. It gives the Provider contractual "air cover" to defend the value of its paid tiers.

3. Service Provision, Features, and Availability

3.1 Service Description

AppMockr provides the User with a suite of tools for creating professional device mockups. The functionalities may include, but are not limited to, the upload of images and videos, interactive 2D and 3D views, advanced design tools, and the export of created mockups in various file formats. The most current and detailed description of the service's features is available on the Provider's official website.

3.2 Subscription Plans

The exact scope of services, features, and usage limitations available to the User depends on the subscription plan selected ("Free," "Basic," or "Pro"). The essential characteristics of each plan are detailed on the Provider's website and summarized in the table below.

Table 1: Subscription Plan Features and Limitations

Feature Free Plan Basic Plan ($9.99/Month) Pro Plan ($17.99/Month)

Monthly Uploads 3x 30x Unlimited

View Mode 2D only 2D & 3D 2D & 3D

Design Tools Basic Set All Tools All Tools

Export Formats PNG, JPG PNG, JPG, WebP, SVG PNG, JPG, WebP, SVG

Savable Projects No Yes Yes

Project History No No Yes

In Google Sheets exportieren

3.3 Service Availability

The Provider will use commercially reasonable efforts to make the service available to the User. However, the Provider makes no guarantee of uninterrupted availability. The User acknowledges that the service may be temporarily unavailable for scheduled maintenance, emergency maintenance, or due to other causes beyond the Provider's reasonable control, such as failures of the internet, telecommunication networks, or third-party service providers. The Provider shall not be liable for any such interruptions. The service is provided without a warranty of being entirely uninterrupted or free from all errors.

3.4 Right to Modify Services

The Provider reserves the right to continuously develop, modify, update, or discontinue the service and its functions at its sole discretion. For services provided free of charge (Free Plan), the User has no legal claim to the maintenance of any specific functions or the service itself. For paid subscriptions, the Provider will announce any significant changes to the scope of services that are materially disadvantageous to the User with reasonable advance notice. In such a case, the User is granted an extraordinary right to terminate the contract, effective from the date the change is implemented.

Expert Commentary & Deeper Insights

This section is carefully constructed to provide the Provider with maximum operational flexibility while maintaining commercial fairness and legal defensibility. A key strategy is the use of "living" documentation. The GTC deliberately avoids an exhaustive, static list of product features. Instead, it defines the service in general terms and points to the official website for the specific, up-to-date feature set. This is crucial for a SaaS business that must be able to innovate, add, remove, or alter features rapidly without being constrained by a rigid legal document. Locking features into the GTC would necessitate a formal amendment process for every product update, creating immense administrative friction.

The legal and commercial counterweight to this flexibility is the extraordinary termination right granted to paying users. While the Provider can change the service, if it removes a core feature that a user is paying for, fairness dictates that the user should be able to exit the contract. This "safety valve" is not just good customer practice; it is a legal necessity in many jurisdictions, particularly in the EU, to ensure that the contract is not deemed unfairly one-sided. This balanced approach allows the Provider to maintain product agility while fostering user trust and ensuring the GTC remains enforceable.

Furthermore, the formal inclusion of the feature comparison table (Table 1) transforms a marketing asset into a contractual exhibit. By incorporating this clear, at-a-glance comparison into the binding GTC, it legally solidifies the scope of service for each subscription tier. This becomes an invaluable tool for resolving potential disputes where a user might claim they were entitled to a feature not included in their plan, providing a clear and unambiguous contractual reference point.

4. Intellectual Property and Rights of Use

4.1 License Grant to User

For the duration of the contract, the Provider grants the User a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the AppMockr service via the internet. This right of use is strictly limited to the User's own personal or internal business purposes and is governed by the scope and limitations of the User's chosen subscription plan.

4.2 Provider's Intellectual Property

All rights, title, and interest in and to the AppMockr service, including the underlying software, source and object code, platform design, user interface, content provided by the Provider (such as device models and templates), and all associated trademarks and copyrights, are and shall remain the exclusive property of the Provider or its licensors. These GTC do not grant the User any ownership rights to the service or its components.

4.3 Restrictions on Use

The User is expressly prohibited from: (a) copying, modifying, creating derivative works of, reverse-engineering, decompiling, disassembling, or otherwise attempting to discover the source code of the software; (b) reselling, leasing, or sublicensing the service to any third party; and (c) using the service in any manner not expressly permitted by these GTC.

4.4 Third-Party Components

The service may incorporate software components or content licensed from third parties. The Provider's warranty for the functionality of such third-party components is limited to the extent that the Provider itself receives a warranty from the respective third-party licensor.

Expert Commentary & Deeper Insights

The language in this section is deliberately chosen to reinforce a single, fundamental legal concept: the user is purchasing a temporary right to access a service, not ownership of a software product. This distinction is the cornerstone of the SaaS business model.

Every phrase—"limited," "non-exclusive," "non-transferable license," "right to access and use"—is selected to prevent any ambiguity or potential for a user to claim implied ownership rights. The explicit prohibitions against reverse-engineering and decompiling serve a dual purpose. On one level, they protect the Provider's valuable trade secrets and proprietary technology. On a deeper level, they reinforce the behavioral boundary between using a remote service and possessing a local piece of software. A user who "owns" software on their desktop might feel entitled to modify or analyze it. These restrictions make it contractually clear that such actions are a breach of the agreement for a SaaS platform. This relentless clarification of the legal relationship is essential to protect the Provider's core intellectual property and the integrity of its recurring revenue model. It ensures the user understands their position as a "tenant" with defined usage rights, rather than a "landowner" with property rights.

5. User Obligations and Acceptable Use Policy (AUP)

5.1 Lawful Use

The User undertakes to use the AppMockr service exclusively for lawful purposes and in full compliance with these GTC and all applicable local, state, national, and international laws and regulations.

5.2 Acceptable Use Policy

The User is strictly prohibited from using the service to:

a) Upload, transmit, or store any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable.

b) Upload or introduce any material that contains viruses, Trojan horses, worms, or any other malicious or technologically harmful software code.

c) Attempt to gain unauthorized access to the service, other users' accounts, or the Provider's computer systems or networks.

d) Infringe upon the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party.

e) Use the service for the purpose of sending unsolicited commercial communications (spam), or for any form of harassment or threatening behavior.

5.3 Responsibility for User-Generated Content (UGC)

The User bears sole and exclusive legal and financial responsibility for all content, including images, videos, text, and other data, that they upload, create, process, or distribute using the AppMockr platform ("User-Generated Content"). The Provider acts merely as a passive conduit for the storage and processing of this content and does not review, endorse, or assume any liability for it. The User represents and warrants that they own or have secured all necessary rights, licenses, consents, and permissions to use and to authorize the Provider to use their UGC as necessary to provide the service, and that the use of their UGC on the platform does not and will not infringe upon the rights of any third party.

5.4 Indemnification

The User agrees to defend, indemnify, and hold harmless the Provider, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (a) the User's use of and access to the service; (b) the User's violation of any term of these GTC; (c) the User's violation of any third-party right, including without limitation any copyright, property, or privacy right, through their User-Generated Content; or (d) any claim that the User's content caused damage to a third party. This indemnification obligation will survive the termination of the contract and the User's use of the service.

Expert Commentary & Deeper Insights

The indemnification clause is one of the most powerful financial shields available to the Provider. Its purpose is to contractually reassign the risk of a user's misconduct back to that user. The Provider operates as a neutral platform and has no practical way to vet every single image or video a user uploads for potential copyright infringement, defamation, or privacy violations.

Without this clause, if a user uploads an image owned by a major corporation (e.g., Disney) and that corporation decides to sue, they will likely target the platform with the "deepest pockets"—AppMockr. The Provider would then be forced to bear the significant costs of legal defense and potential damages for an action it did not commit. The indemnification clause functions as a legal and financial lever to prevent this. It contractually obligates the user who caused the infringement to step in and cover all associated costs, including the Provider's legal fees and any resulting judgments or settlements. It effectively transforms the Provider from a primary legal target into a pass-through entity for liability, ensuring that the party responsible for the breach is also the party responsible for the financial consequences.

6. User-Generated Content (UGC)

6.1 User's Ownership of UGC

The User retains all pre-existing ownership rights, including intellectual property rights, to the User-Generated Content they provide to the service. These GTC do not grant the Provider any ownership of the User's content.

6.2 License Grant to Provider

By uploading, submitting, storing, or processing content on the platform, the User grants the Provider a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, adapt, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such content. This license is strictly limited to the purpose of operating, providing, securing, and improving the AppMockr service. The right to "create derivative works" is a technical necessity to enable the core functionality of the service, such as the generation of mockups.

6.3 User's Warranties for UGC

The User represents and warrants that they have the full legal authority to grant the license described in Section 6.2, and that their content is free from any third-party rights, claims, or encumbrances that could conflict with its use within the AppMockr service as contemplated by these GTC.

6.4 Right to Remove Content

The Provider is not obligated to proactively monitor User-Generated Content. The Provider reserves the right, but not the obligation, to review, block, or remove any content at any time and without prior notice if it has a reasonable belief that such content violates these GTC, applicable law, or the rights of third parties. This right shall not be construed as creating any duty to monitor the service for prohibited content. The Provider's failure to remove any particular content shall not be deemed an endorsement of such content or a waiver of its right to remove it in the future.

Expert Commentary & Deeper insights

The phrasing "reserves the right, but not the obligation, to monitor" in Section 6.4 is a deliberate legal safe harbor. If the GTC were to state that the Provider will monitor content, it would create a binding legal duty. Any failure to detect and remove a single piece of infringing content could then be framed as a breach of that duty. By framing it as a discretionary right, the Provider retains the ability to act when necessary (e.g., upon receiving a formal takedown notice) without assuming the impossible and legally perilous burden of policing the entire platform.

7. Fees, Subscription Plans, and Payment Terms

7.1 Fees and Billing

The fees for the paid subscription plans ("Basic" and "Pro") are based on the price list valid at the time of contract conclusion, as published on the Provider's website. All fees are due in advance for the respective billing period (e.g., monthly). All prices are stated in Euros (€) and are exclusive of any applicable statutory value-added tax (VAT) or other taxes, which will be added where required by law.

7.2 Payment Processing

Payment processing is handled by the external payment service provider, Stripe. By subscribing to a paid plan, the User agrees to be bound by Stripe's terms of service and privacy policy. The User is responsible for managing their subscription, including cancellations and updates to payment methods, directly through the customer portal provided by Stripe (Stripe Customer Portal).

7.3 Late Payment and Default

Should a payment fail or be reversed (chargeback), the User will be considered in default without the need for a separate reminder. The Provider is entitled, after providing a payment reminder and a short grace period, to suspend the User's access to the paid functions of the service until the outstanding amount is settled. The Provider reserves the right to charge statutory default interest on the overdue amount and reasonable administrative fees for processing reminders and chargebacks.

7.4 Price Changes

The Provider reserves the right to change the prices for subscriptions. Any price changes for existing subscriptions will only take effect at the beginning of the next renewal term. The Provider will inform the User of any price changes with at least 30 days' notice before the change becomes effective. The User will have the right to cancel their subscription before the new price takes effect.

Expert Commentary & Deeper Insights

This section is designed for operational efficiency and dispute prevention. A key strategic decision is to contractually designate the "Stripe Customer Portal" as the official channel for all subscription management. This is more than just outsourcing payment processing; it is outsourcing a significant part of the administrative and contractual relationship with the user.

Managing cancellations, updating credit card details, and providing invoices are common sources of customer support tickets and administrative overhead. Modern payment processors like Stripe offer robust, secure, and legally compliant self-service portals for these tasks. By embedding this portal into the GTC as the sole method for these actions, the Provider achieves several goals. It drastically reduces its own administrative workload. It minimizes the potential for human error in processing cancellation requests. Most importantly, it creates a clear, third-party, auditable trail of all user-initiated actions. If a user disputes a charge by claiming they tried to cancel, the Provider can refer to the immutable logs within the Stripe portal, providing powerful evidence in a chargeback defense.

8. Term, Termination, and Data Retention Policy

8.1 Contract Term and Renewal

The contract for the use of the "Free" plan is concluded for an indefinite period. The contracts for paid subscriptions ("Basic" and "Pro") have an initial term of one month. They will automatically renew for successive one-month periods unless canceled by the User prior to the end of the current billing period.

8.2 Termination by User (Ordinary)

The User may cancel their paid subscription at any time. The cancellation will become effective at the end of the current billing period. Cancellation must be performed by the User through the Stripe Customer Portal. A refund of fees already paid for the current billing period is excluded. The User may terminate their "Free" plan at any time by deleting their account through the platform's settings.

8.3 Termination by Provider (Ordinary)

The Provider may terminate a User's paid subscription with a notice period of 30 days to the end of a billing period. The Provider may terminate a "Free" plan at any time without notice.

8.4 Extraordinary Termination for Cause

The right of both parties to terminate the contract for good cause without a notice period remains unaffected. Good cause for the Provider exists, in particular, if the User commits a serious breach of their essential contractual obligations, including but not limited to the provisions in Section 5 (Acceptable Use Policy) and Section 6 (User-Generated Content).

8.5 Consequences of Termination & Data Deletion

Upon the effective date of termination, the User's right to access and use the service shall cease immediately. The User is solely responsible for exporting their projects and data from the service prior to initiating the termination or cancellation of their account. Upon termination, the Provider is entitled to irretrievably and immediately delete all data associated with the User's account, including all User-Generated Content and created projects, without any grace period. The Provider has no obligation to retain any User data after termination.

Expert Commentary & Deeper Insights

The data deletion policy outlined in Section 8.5 is a critical liability-limiting and compliance tool. It is not merely an operational policy for freeing up server storage. After a user terminates their contract, their data ceases to be an asset and becomes a liability for the Provider. This data carries a persistent risk of being targeted in a data breach, and under data protection regulations like the GDPR, there must be a legitimate legal basis for its continued storage.

Holding onto former users' data indefinitely creates escalating risk and cost with no corresponding revenue. A clear, automated, and contractually defined deletion policy is the solution. By explicitly stating in the GTC that data will be irretrievably deleted immediately after termination, the Provider achieves two objectives. First, it sets a clear expectation for the user, compelling them to take responsibility for backing up their own data in a timely manner. Second, the act of deleting the data is not just a right but a fulfillment of both a contractual policy and data protection principles (such as data minimization). This process significantly reduces the Provider's long-term risk exposure and compliance burden.

9. Warranty Disclaimer

9.1 Limited Warranty

The Provider warrants that, during the term of a paid subscription, the service will materially conform to the functions and features specified in the official service description (as per Section 3).

9.2 "As Is" and "As Available" Disclaimer

Except for the limited warranty set forth in Section 9.1, the service is provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranty of any kind. The User's use of the service is at their sole risk. To the fullest extent permitted by law, the Provider expressly disclaims all other warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 No Guarantee of Error-Free Service

The User acknowledges that, according to the current state of technology, it is not possible to create software that is completely free of errors. Therefore, the Provider does not guarantee that the service will be entirely uninterrupted, secure, or free from bugs or errors. Insignificant defects that do not materially impair the intended use of the service shall not be considered a breach of this contract.

9.4 Remedy for Defects

In the event of a material defect in the service for which the Provider is responsible, the User's sole and exclusive remedy, and the Provider's entire liability, shall be, at the Provider's sole discretion, either (a) to rectify the defect (e.g., through a software update or patch) or (b) to provide a reasonable workaround to bypass the defect.

Expert Commentary & Deeper Insights

This section is designed to align the User's legal expectations with the commercial and technical realities of providing a SaaS product. The clause explicitly stating that software is never completely error-free may seem obvious, but it serves a crucial legal purpose. In the absence of such a disclaimer, some legal systems might imply a "warranty of perfection" or allow a user to argue that any minor bug constitutes a breach of contract.

By proactively stating that insignificant defects are not a breach, the Provider legally resets the baseline to a realistic commercial standard. This prevents users from leveraging minor, non-critical glitches—which are an inevitable part of any software development lifecycle—as a basis for demanding refunds, terminating contracts, or pursuing legal action. It ensures that the warranty is focused on material conformity with the core promised functionality, protecting the Provider from disproportionate liability for the routine imperfections of software technology.

10. Limitation of Liability

10.1 Unlimited Liability

The Provider's liability shall be unlimited for damages caused by intent or gross negligence on the part of the Provider, its legal representatives, or vicarious agents. Liability is also unlimited for damages resulting from injury to life, body, or health for which the Provider is responsible.

10.2 Liability for Simple Negligence (Paid Plans)

In cases of simple negligence, the Provider shall only be liable for the breach of an essential contractual obligation (a "cardinal duty"), the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance the User may regularly rely. In such cases, the Provider's liability is limited to the replacement of the foreseeable, contract-typical damage. Furthermore, in any such case, the Provider's total aggregate liability shall be limited in amount to the sum of the fees paid by the specific User to the Provider in the twelve (12) months immediately preceding the event giving rise to the claim.

10.3 Exclusion of Further Liability

To the fullest extent permitted by applicable law, and subject always to the mandatory provisions in Section 10.1, any further liability of the Provider is excluded. In particular, the Provider shall not be liable for indirect or consequential damages, such as lost profits, unrealized savings, or claims by third parties against the User. The Provider shall not be liable for any damages whatsoever arising from the use or inability to use the service, even if the Provider has been advised of the possibility of such damages.

10.4 Liability for Data Loss

The Provider's liability for the loss of data is limited to the typical recovery effort that would have been necessary if the User had made regular and risk-appropriate backup copies of their data.

10.5 Liability for Free Use

For the use of the service under the free "Free" plan, the Provider's liability is excluded to the maximum extent permitted by law. Liability shall only exist in cases of intent and in other cases where liability is mandatorily prescribed by law.

Expert Commentary & Deeper Insights

This section creates a direct and proportional link between the revenue a user generates and the legal risk the Provider assumes for that user. This tiered liability structure is a cornerstone of sustainable risk management for a SaaS business with both free and paid users.

A user on the Pro plan, paying approximately €215 per year, represents a fundamentally different commercial relationship than a user on the Free plan, paying €0. It would be commercially untenable to accept the same level of financial liability for both. Therefore, the GTC creates a liability framework that mirrors the subscription model. For Free plan users, liability is almost entirely eliminated, except for cases of willful misconduct, reflecting the zero-revenue nature of the relationship. For paying users, liability for simple negligence is capped at a level directly proportional to their financial contribution—the fees they paid in the preceding 12 months. This monetary cap transforms the Provider's maximum potential financial exposure per customer from an unknown, potentially catastrophic figure into a known, calculable, and insurable amount. This is essential for accurate financial planning, pricing strategy, and obtaining appropriate business insurance.

A Note on Non-Excludable Liabilities: It is critical to understand that under Swiss law, as in many other jurisdictions, certain liabilities cannot be legally excluded in a contract. Specifically, a provider cannot disclaim liability for damages caused by its own unlawful intent or gross negligence, nor for death or personal injury. The inclusion of Section 10.1, which explicitly accepts this unlimited liability, is therefore a mandatory legal requirement. Attempting to create a blanket disclaimer for all forms of damage would render the entire limitation of liability clause void and unenforceable in court. The strategy employed here is therefore to accept the legally mandated liabilities and then to exclude or cap all other forms of liability to the maximum extent permitted by law, thereby creating the strongest possible, legally-enforceable shield for the business.

11. Data Protection

11.1 Reference to Privacy Policy

The protection of the User's personal data is of high priority to the Provider. The Provider collects, processes, and uses personal data exclusively in accordance with applicable data protection law, in particular the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Detailed information regarding the type, scope, and purpose of the processing of personal data, as well as the User's rights as a data subject, can be found in the Provider's separate Privacy Policy, which is available on the AppMockr website.

11.2 Privacy Policy as Integral Part of Contract

The Privacy Policy is an integral and binding part of this contractual agreement. By accepting these GTC, the User confirms that they have taken note of and agree to the terms of the Privacy Policy.

Expert Commentary & Deeper Insights

The simple act of declaring the Privacy Policy an "integral and binding part" of the contract is a powerful legal maneuver. It elevates the Privacy Policy from a supplementary, informational notice into a core set of contractual obligations for both parties.

For the User, this means they are contractually acknowledging that they have been informed of and have agreed to how their data will be processed. This strengthens the Provider's position in demonstrating that it has obtained the necessary consent and provided the required transparency under regulations like the GDPR. For the Provider, it raises the stakes for its own compliance. A failure to adhere to the promises made in the Privacy Policy could now be considered not just a regulatory violation but also a direct breach of its contract with the user. This demonstrates a serious and legally binding commitment to data protection, which can be a significant factor in building user trust and differentiating the service in a privacy-conscious market.

12. Final Provisions

12.1 Amendments to the GTC

The Provider reserves the right to amend these GTC at any time. The Provider will notify the User of any amendments in a suitable manner (e.g., by email or via a notice within the service) at least 30 days before the changes are scheduled to take effect. If the User does not object to the amended GTC in writing within this 30-day period, the amended GTC shall be deemed to have been accepted. If the User objects to the amendment, both parties have the right to terminate the contract extraordinarily, effective on the date the new GTC come into force. The Provider will specifically inform the User of their right to object, the notice period, and the legal consequences of inaction in the amendment notification.

12.2 Severability Clause

Should any provision of these GTC be or become invalid or unenforceable, in whole or in part, the validity and enforceability of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose and intent of the original provision.

12.3 Governing Law

This contract and all legal relationships and disputes arising from or in connection with it shall be governed exclusively by the substantive laws of Switzerland. The application of the Swiss Federal Act on Private International Law (PILA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

12.4 Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the location of the Provider's registered office in Switzerland.

12.5 Exception for Consumers in the European Union

Notwithstanding the provisions of Section 12.4, for Users who are consumers with their habitual residence in a member state of the European Union, the choice of jurisdiction shall not have the result of depriving the consumer of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law of the member state in which the consumer has their habitual residence. Such consumers may bring proceedings against the Provider either in the courts of Switzerland or in the courts of the EU member state in which they are domiciled.

Expert Commentary & Deeper Insights

The jurisdictional clauses in this section reflect a sophisticated and realistic international business strategy. The combination of a strong, primary choice of Swiss law and jurisdiction with a specific carve-out for EU consumers is not a contradiction, but a necessary balancing act.

The default position establishes a predictable and favorable legal environment for the Provider. For any disputes with business customers or non-EU users, litigation will occur on the Provider's "home turf" under familiar laws. This significantly reduces legal uncertainty and costs.

However, the Provider also intends to operate in the large and lucrative EU consumer market. EU consumer protection regulations, such as the Brussels I Regulation, are mandatory and cannot be overridden by a GTC. These laws grant consumers the right to sue a business in the courts of their own home country. Any attempt to force an EU consumer to litigate exclusively in Switzerland would be legally void and could expose the Provider to regulatory penalties.

Therefore, the GTC performs a strategic maneuver: it establishes the Provider's preferred jurisdiction as the default rule but explicitly acknowledges and yields to the mandatory consumer protection laws of the EU where applicable. This demonstrates a mature understanding of international commercial law and ensures the GTC is enforceable across different user segments and geographies. It is a clause that signals a readiness for global business by acknowledging and respecting the legal "price of admission" to key international markets.