Terms and Conditions
Terms and Conditions for AppControlCenter
Last Updated: April 5, 2025
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE APPCONTROLCENTER SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
These Terms and Conditions ("Terms") govern your access to and use of the AppControlCenter web application, website, and related services (collectively, the "Service") provided by Mark Eggenstein ("we," "us," or "our"). These Terms constitute a legally binding agreement between you (the "User," "you," or "your") and Mark Eggenstein. If you are using the Service on behalf of an organization (e.g., a business), you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.
1. Service Description
AppControlCenter provides a platform designed to help businesses and developers track keywords related to mobile applications ("Apps"). The Service allows registered users to monitor keyword performance, potentially analyze related data, and manage keyword lists as offered through the platform's features. The specific features and functionalities may evolve over time.
2. Account Registration and Security
*Account Required:** Access to the Service requires you to register for an account.
*Accurate Information:** You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
*Credentials Security:** You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized them. You must notify us immediately of any unauthorized use of your account.
*Eligibility:** You represent and warrant that you are legally capable of entering into binding contracts (e.g., you are of legal age, or if representing a company, you have the authority to bind it).
3. Free Trial
* We may offer a free trial period for the Service. The duration and specific terms of the free trial will be specified during the sign-up process.
* Unless you cancel your subscription before the end of the free trial period, your subscription will automatically convert to a paid subscription based on the plan selected or specified, and you will be billed accordingly.
* We reserve the right to modify or terminate the free trial offer at any time without prior notice.
4. Subscriptions, Fees, and Payment
*Paid Service:** Access to the core features of AppControlCenter requires a paid subscription. Subscription plans, features, and pricing are detailed on our website or within the Service.
*Billing:** You will be billed in advance on a recurring basis (e.g., monthly or annually) according to the subscription plan you select.
*Payment Methods:** Payments are processed through third-party payment processors. You agree to provide valid payment information and authorize us (or our third-party processor) to charge the subscription fees to your chosen payment method.
*Automatic Renewal:** Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account settings or by contacting us before the renewal date.
*Price Changes:** We reserve the right to change subscription fees. Any price changes will be communicated to you in advance, providing you with an opportunity to cancel your subscription before the changes take effect.
*Taxes:** All fees are exclusive of applicable taxes (like VAT/Umsatzsteuer in Germany), levies, or duties imposed by taxing authorities, unless stated otherwise. You are responsible for payment of all such taxes.
*No Refunds:** Subscription fees are generally non-refundable, except as required by law or as explicitly stated otherwise by us.
5. User Obligations and Acceptable Use
You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. You specifically agree not to:
* Use the Service in any way that violates any applicable German, federal, state, local, or international law or regulation.
* Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
* Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
* Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, without our prior written consent.
* Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
* Transmit any worms, viruses, trojans, or any code of a destructive nature.
* Use the Service to send unsolicited communications, promotions, advertising, or spam.
* Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
6. Intellectual Property Rights
*Our IP:** The Service and its original content (excluding data provided by you), features, and functionality are and will remain the exclusive property of Mark Eggenstein and its licensors. The Service is protected by copyright, trademark, and other laws of Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
*Your Data:** You retain ownership of any data you input or track using the service (e.g., your list of keywords). However, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display this data solely as necessary to provide and improve the Service for you.
*License to You:** Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during the term of your subscription.
7. Data Protection and Privacy
* Your use of the Service is also governed by our Privacy Policy (https://www.appcontrolcenter.com/privacy-policy/), which is incorporated by reference into these Terms.
* You acknowledge that you have read and understood our Privacy Policy, which describes how we collect, use, process, and disclose your personal data. As we operate from Germany, we comply with the General Data Protection Regulation (GDPR) and the Bundesdatenschutzgesetz (BDSG).
8. Third-Party Services
* The Service may integrate with or rely on third-party services, applications, or websites (e.g., payment processors, app store APIs).
* We do not control and are not responsible for these third-party services, their content, availability, security, or practices. Your use of third-party services is subject to their respective terms and conditions and privacy policies. We disclaim all liability arising from your use of third-party services.
9. Disclaimers of Warranties
* The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
* Mark Eggenstein does not warrant that: (a) the Service will function uninterrupted, securely, or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service (including the accuracy or completeness of keyword data) will meet your requirements or expectations. Data derived from third-party sources (like app stores) is subject to the limitations and accuracy of those sources.
10. Limitation of Liability
* To the fullest extent permitted by applicable German law, Mark Eggenstein, its affiliates, directors, employees, agents, suppliers, or licensors shall not 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.
* Liability for damages resulting from injury to life, body, or health based on a negligent breach of duty by us or an intentional or negligent breach of duty by our legal representative or vicarious agent remains unaffected. Liability for damages caused by intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents also remains unaffected.
11. Indemnification
You agree to defend, indemnify, and hold harmless Mark Eggenstein 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, by you or any person using your account and password; b) a breach of these Terms, or c) content or data submitted or managed via your account.
12. Term and Termination
*Term:** These Terms commence upon your acceptance and continue until your subscription expires or is terminated.
*Termination by You:** You may cancel your subscription at any time through your account settings or by contacting us. Termination will be effective at the end of the current billing cycle.
*Termination by Us:** We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, if you breach these Terms. We also reserve the right to suspend or terminate accounts for prolonged inactivity or discontinue the Service entirely with reasonable notice.
*Effect of Termination:** Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability). We may delete your account data upon termination according to our data retention policies outlined in the Privacy Policy.
13. Changes to Terms or 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 reasonable notice (e.g., via email or in-app notification) prior to the 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.
* We may also change, suspend, or discontinue any aspect of the Service at any time.
14. Governing Law and Dispute Resolution
* These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
* Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the competent courts located in Freiburg im Breisgau.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Mark Eggenstein
Alemannenstr. 96
79117 Freiburg im Breisgau
16. Miscellaneous
*Entire Agreement:** These Terms and our Privacy Policy constitute the entire agreement between you and Mark Eggenstein regarding our Service and supersede all prior agreements and understandings.
*Severability:** 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.
*No Waiver:** Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
*Assignment:** You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
