Important Note:

Please read these terms of use carefully and completely before you use the Jimdo Creator App. In accepting these terms of use a contract is entered into by you with Jimdo GmbH for the use of the Jimdo Creator App. When you use our app, your usual charges for data and the sending of messages apply, as well as the policies of the app store from which you downloaded this app.

1. Scope of Application

1.1 The following terms of use apply in their respective version in addition to the General Terms of service of the Jimdo GmbH. These can be accessed via the following link: Jimdo Terms and Conditions of Service. If the general terms and conditions of service contain provisions that contradict these terms of use, the provisions of these terms of use shall apply.

1.2 The terms of use also apply to all updates and enhancements to the mobile Creator App provided by Jimdo for download unless they are the subject of a separate agreement. In this case, the separate agreement of the respective update or extensions is relevant. All other rights are reserved by Jimdo.

1.3 The Jimdo Creator App, Jimdo Creator App offers users the ability to easily and easily create a professional and responsive website, including a blog, and edit it anywhere, anytime via this mobile application (app).

1.4 The Jimdo Creator App is offered as a mobile app for different devices via various providers (eg Apple or itunes App Store) for free download (in the "App Store (s)"). Insofar as the registration on another platform provided by third parties (e.g. Apple iTunes Store, Google Play Store, Windows Store, etc.) is necessary in order to use (i.e. download) the app, then the terms of the Platform in question shall necessarily apply in addition to the Jimdo Creator App terms of use. While our apps are available on some platforms, we can not and do not guarantee that our apps will work on your individual device.

2. Content, Scope & Technical Requirements

2.1 The Jimdo Creator App are non- binding. The subject of the contract for the Jimdo Creator App shall be the Jimdo Creator App as stated in the app/service description at the time the of registration.

2.2 The use of the Jimdo Creator App requires a mobile device that meets certain system requirements. An overview of the current system requirements can be found in the Jimdo Support Center. Jimdo is not responsible for compliance with system requirements. This is the sole responsibility of the user.

2.3 The Jimdo Creator App and thereby all content contained therein, can be deleted or uninstalled at any time by the Jimdo Creator App user at the device level, via the settings.

3. Duty to Cooperate

3.1 In using the Jimdo Creator App, the Jimdo Creator App user is obligated to observe the necessary due diligence. In particular the Jimdo Creator App user bears the sole responsibility for the timely and regular saving and securing of their Jimdo Creator App data. This applies in particular to data concerning services and customers.

3.2 In addition, after termination of the contract, Jimdo is entitled to delete all data that are still in the Jimdo Creator App or have been generated via the Jimdo Creator App.

3.3 The Jimdo Creator App user is solely responsible for compliance with the Jimdo terms of use in connection with the Creator App and their own Internet presence, in particular as regards information obligations and consent from their customers.

3.4 The Jimdo Creator App user is obliged to design and use the contractual services (i.e. the Jimdo Creator App) in accordance with the legal requirements applicable in the area of the intended distribution/dissemination. In particular, he has to observe the corresponding copyrights, trademark rights, patent rights as well as other industrial property rights and privacy rights of third parties and may not use any files or information with illegal contents or representations and/or make them publicly accessible.

3.5 Jimdo is not obligated to check the Jimdo Creator App content or practices of the Jimdo Creator App users for accuracy or possible legal violations. To the extent that Jimdo Creator App users implement any content or practices that are unlawful or violate these terms of use or Jimdo's general terms and conditions of service, Jimdo has the right to completely block the Jimdo user account of the Jimdo Creator App user. When deciding on a suspension, we will take due account of the legitimate interests of all parties involved.

4. Usage Rights and Copyright

4.1 The Jimdo Creator App is subject to copyright protection. For the use of the Jimdo imdo Creator App, the Jimdo Creator App user acquires a simple right of usage for the Jimdo Creator App, which is non exclusive, non transferable and limited to the duration of the Jimdo Creator App usage.

4.2 The sale (including lease, rental, lending or sub-licensing for a fee) or gratuitous offering of the Jimdo Creator App, to or by third parties or others is hereby prohibited. Furthermore, it is also not permitted to change, reverse develop (reverse engineering), decompile, disassemble or determine the program code or source code of the Jimdo Creator App or parts thereof, nor is it permitted to create derivatives thereof or of the Jimdo Creator App itself. The Customer's rights under §§ 69d and 69e Copyright Act remain hereby unaffected.

5. The Jimdo Creator App, Service and Service Improvements

5.1 Jimdo assumes no responsibility for the accuracy, timeliness and completeness of the content that it is made available via the Jimdo Creator App, the selection thereof and of the Jimdo Creator App itself.

5.2 The Jimdo Creator App user is aware that slight inaccuracies and deviations may occur in connection with the analysis of usage data based on currently available methods and technologies.

5.2.1 (a)The Jimdo Creator App are provided “as is” in accordance with the scope as defined by Jimdo and described in the applicable App store and jimdo does not make or express or imply any warranties in this respect.

5.2.2 (b) Without limiting the foregoing Jimdo does makes no warranty of any kind, whether express, implied or statutory or otherwise, including without limitation,warranties of merchantability, fitness for any particular use and noninfringement. Furthermore, jimdo makes no warranties that (i) the use of the Jimdo Creator App is suitable for the needs of the individual Jimdo Creator Appuser or that the service is available without interruption, that it’s secure or without problems, (ii) that problems or issues shall be fixed, (iii) that the use of the Jimdo Creator App is free from viruses or damaging components, or (iv) that the use of the app or the availing of the Jimdo Creator App or other information that is made available within the framework of the use of the Jimdo Creator App (including the Creator views and analysis) are correct, exact, occur in a timely manner or are available in any other reliable form.

5.3 Jimdo does not guarantee that the Jimdo Creator App are compatible with the hardware or software of the mobile device of the customer or Jimdo Creator Appuser. Furthermore, Jimdo makes no guarantee that this content shall be fully available at any time or at certain times and Jimdo also makes no guarantee to fulfill certain performance and functional requirements.

5.4 Jimdo reserves the right to completely or partially, temporarily or permanently cease or change the offer of the Jimdo Creator App or the content that is transmitted via the Jimdo Creator App.

5.5 While Jimdo is committed to the improvement and development of the Jimdo Creator App, it is not obligated to do so. Jimdo reserves the right to extend, change, delete or improve the services or functions of the Jimdo Creator App, in particular where such measures will improve the technological standard of the services or are deemed necessary for preventing abuse. Jimdo is at all times entitled to change the Jimdo Creator App/functions that are provided free of charge, to make new free or fee based functions available, and/or to cease or adapt the provision of free of charge functions. In so doing the legitimate interests of all parties shall be considered as appropriate.

5.6 Jimdo reserves the right to make price changes.

6. Registration, Personal Data and Notifications

6.1 The Jimdo Creator App user is required to maintain strict confidentiality regarding all login data, identification, and passwords and to prevent third parties from accessing their login data. In the event that the Jimdo Creator App user has reason to believe or suspects that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Jimdo immediately and change their login data. The Jimdo Creator App user accepts complete responsibility for any and all actions that are made using their access/login data.

6.2 For contractual purposes (e.g. invoices, important contractual information, major technical changes etc.) the Jimdo Creator App user agrees to receive electronic communications from Jimdo. Should the Jimdo Creator App user not wish to receive such communication pertaining to their Jimdo Creator App contract then the further use of the Jimdo Creator App Services shall not be possible.

6.3 Notifications: Jimdo may contact the Jimdo Creator App user where the Jimdo Creator App user has consented to this contact via email or push notification on the user’s mobile device. Push notifications can be deactivated at any time by the Jimdo Creator App user via their mobile device and device settings. The appropriate information as concerns unsubscribing from newsletters can be found at the bottom of every Jimdo Newsletter.

7. Data Protection and Privacy

7.1 The provision of the Jimdo Creator App services, necessarily involves processing of and use of personal data belonging to the Jimdo Creator App user as well as site visitors and customers of the Jimdo Creator App user. This data shall not be released to third parties unless the Jimdo Creator App user explicitly agrees thereto or the releasing of such data to third parties is necessary in order to provide the Jimdo Creator App services. The relevant third party services are listed in the Jimdo Creator App privacy policy. Jimdo only provides the technical platform and only uses the data involved in order to provide the Jimdo Creator App service and functionality.

7.2 Responsibility to third parties for compliance with the respective data protection regulations when using the Jimdo Creator App services is the responsibility of the Jimdo Creator App user. Insofar as the Jimdo Creator App user collects, processes or uses personal data in the context of the use of the services and no statutory authorization applies, the Jimdo Creator App user must obtain the necessary consent from the person concerned.

7.3 When using the Jimdo Creator App, Jimdo as a service provider (processor or contractor) processes personal data on behalf of the responsible body (Responsible or client or the Jimdo Creator App users ) within the meaning of Art. 28 GDPR. Accordingly, the Data Processing Agreement (DPA), which the Jimdo Creator App user may electronically submit, applies is in addition to these terms of use. The DPA can be found here. In the case of a conflict between these terms of use and the data processing agreement, the data processing agreement shall take precedence.

7.4 The Jimdo Creator App Privacy Policy, as well as the Jimdo GmbH general Privacy Policy apply and can be found at the following links:
Jimdo Creator App Privacy Policy
Jimdo Privacy Statement

7.5 The Jimdo Creator App user is responsible for all data collection and data processing that the Jimdo Creator App user carries out via the Jimdo Creator App. The Jimdo Creator App user or the Controller is the responsible body for the protection and granting of the rights of data subjects. The data subject’s rights are to be exercised towards the controller i.e. the Jimdo Creator App user.

7.6 When using the Jimdo Creator App services, data processing is carried out in accordance with Art. 28 GDPR in which Jimdo acts as a service provider (processor) to process personal data on behalf of the responsible body (responsible person or client or the Jimdo Creator app user). Accordingly, the Jimdo Creator App Data Processing Agreement (AV Agreement), which the Jimdo Creator App User may download here and (electronically) sign, applies in addition to these Jimdo Creator App terms of use. In the event of a conflict between these terms of use and the data processing agreement, the terms of the data processing agreement shall prevail.

8. Changes to the Jimdo Creator App Terms of Use

8.1 We may change the terms of use for the Jimdo Creator App occasionally and at our discretion. As a rule, such changes do not affect collections of data that have accumulated in the past. From time to time, we make editorial changes to the agreement that do not affect the ongoing contractual relationship with us. Such changes include, for example, the correction of typos or updates to contact information listed in the agreement.

8.2 If we make changes to the Agreement or terms of use that affect the ongoing contractual relationship with the Jimdo Creator App User, we will notify the User in a conspicuous and appropriate manner. This can be a noticeable message within the services or an e-mail. This notice will contain information about the changes that are to be made, as well as the right of the user to reject them and the consequences of a refusal. The changes will be considered accepted if we do not receive a rejection within two weeks. If we use this process, we will not make any changes that affect the contractual balance between the service and the consideration of the Jimdo Creator App user. If the Jimdo Creator App user no longer wishes to use the services under the new agreements, he may terminate the agreements by notifying Jimdo and/or deleting the app.

9. Limitations of Liability

9.1 In cases of gross negligence or premeditation we, Jimdo shall be liable for all damages caused by us.

9.2 In cases of minor negligence Jimdo is only liable for damage resulting from death, physical injury or harm to human health.

9.3 Incidentally we are only liable insofar as we have violated an essential contractual obligation. Essential contractual obligations refers abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the user. In such cases liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly user fee for the jimdo site affected.

9.4 Insofar as our liability under the foregoing provisions is excluded or limited, this shall also apply to our agents.

9.5 Liability under the Product Liability Act remains unaffected.

9.6 The Jimdo Creator App user shall upon first request indemnify Jimdo and hold Jimdo harmless against all claims from third parties, against Jimdo as a result of a violation committed by the Jimdo Creator App user against legal regulations, third party rights (in particular personal rights, copyright and/or trademark rights), or as regards contractual duties, representations or guarantees (warranties), including the costs of a legal defense (lawyer’s fees and court costs at the applicable statutory rate). In the event of claims arising from any such behavior, the Jimdo Creator App user is obligated to immediately and completely cooperate and clarify the situation, as well as to make all required entries accessible to Jimdo in a suitable manner.

10. Concluding Provisions

10.1 The laws of the Federal Republic of Germany (with the exclusion of UN international trade law) apply - as far as is legally permissible- to the legal relationship between Jimdo and the Jimdo Creator App user.

10.2 If the user is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of Jimdo.

10.3 If individual regulations of these terms and conditions should be ineffective or become ineffective, that does not affect the legal enforcement of the remaining regulations.

10.4 In the event of any deviations resulting from the translation, the formulation of these terms of service set forth in the German version shall prevail.

10.5 For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at https://ec.europa.eu/consumers/odr/. Please be aware that Jimdo is not obligated and currently not willing to participate in this alternative, online dispute resolution platform.

Released: 06.05.2018

Jimdo GmbH
Stresemannstr. 375
22761 Hamburg
Germany

Vertretungsberechtigter Geschäftsführer:
Matthias Henze
Registergericht: Amtsgericht Hamburg
HRB 101417

Revised: May 6th, 2018