GENERAL TERMS AND CONDITIONS OF USE

Last updated: 27 September 2024

Introduction

Effect UI is a product of ROKKHOPPER Innovations GmbH ("we" or "us") and provides the use. Please take the time to read these Terms and Conditions of Use carefully. By registering or otherwise using Effect UI, you agree that you have read, understood and accepted these Terms and Conditions, including our Privacy Policy, and agree to be bound by them.

Our product

Effect UI enables companies and individuals to develop iOS applications using the components (codes and designs) we provide.

License

General information

The license grants the licensee permission to access and use the components by purchasing them either once or annually, depending on the package purchased.

The following packages are available:

  • Member Package: This package contains a limited number of components that are provided free of charge. Updates are not included.
  • Basic Package: This package contains a certain number of components that are provided for a fee. Updates are not included. This license includes a straightforward and flexible agreement that frees users from recurring fees or subscriptions.
  • Premium Package: This package includes a certain number of components that are provided for a fee. Updates are not included. This license includes a straightforward and flexible agreement that frees users from recurring fees or subscriptions.
  • Ultra Package: This package includes access to all components that are made available for a fee. Updates are included. This license includes a straightforward and flexible agreement that frees users from recurring fees or subscriptions.
  • Teams Package: This package includes access to all components that are provided for a fee. Updates are included. The costs are incurred annually.

By choosing Effect UI, you agree to take advantage of the benefits while acknowledging the Licensor's unlimited termination rights, which provide flexibility and consider potentially unforeseen circumstances.

However, the licensor retains the right to terminate the license with a 30-day notice period in case of a breach of the license terms or other just cause. This termination clause allows the licensor to exercise control over the distribution and use of Effect UI.

The licensor shall not be liable for any indirect, incidental, or consequential damages arising from the use of the components, except in cases of gross negligence or willful misconduct.

This license agreement shall be governed by the laws of Austria. Any disputes arising from this agreement shall be resolved by the competent courts in Vienna, Austria.

Definitions

  • Licensor: ROKKHOPPER Innovations GmbH
  • Personal License: Licensee is the person who has purchased a personal license.
  • Teams License: Licensee is the business entity who has purchased an Teams License.
  • Components and Templates are the source code and design elements provided to the Licensee after the purchase of Effect UI.
  • End Product means any product that contains the Components or Templates or derivatives of the Components or Templates.
  • End User means a user of an End Product.
  • Customer means a natural or legal person who receives services directly from the Licensee that have been created specifically for that natural or legal person.
  • Employee is a full-time or part-time employee of the Licensee.
  • Contractor is a natural or legal person who has been commissioned to provide services for the Licensee.

Permitted uses of the personal license

  • You may use the existing components and templates to create an unlimited number of end products.
  • You may modify the existing components and templates to create derived components and templates. These derived components and templates are also subject to this license.
  • You may use the existing components and templates to create an unlimited number of end products for an unlimited number of customers.
  • You may use the existing components and templates to create end products that are sold to end users.
  • You may use the existing components and templates to create end products that are available as open source and free of charge to end users where the primary value of the product is not the re-distribution of the components and templates.

Permitted uses of the teams license

  • You may use the existing components and templates to create an unlimited number of end products.
  • You may modify the existing components and templates to create derived components and templates. These derived components and templates are also subject to this license.
  • You may use the existing components and templates to create an unlimited number of end products for an unlimited number of customers.
  • You may use the existing components and templates to create end products that are sold to end users.
  • You may use the existing components and templates to create end products that are available as open source and free of charge to end users where the primary value of the product is not the re-distribution of the components and templates.

Prohibited uses of the personal license

  • It is prohibited to use the components and templates to create end products that enable an end user to create their own products using these components or derived versions.
  • You may not redistribute the components and templates or derived versions separately from an end product, either in code or as design elements.
  • You may not share your access to the components and templates with other persons.
  • You may not use the components and templates to create products that ROKKHOPPER Innovations GmbH may consider competitive or in conflict with Effect UI.

Prohibited uses of the teams license

  • You shall not use the components or templates to create end products designed for an end user to create their own end products using the components or templates, or derivatives thereof.
  • You shall not distribute the components or templates, or derivatives thereof, separately from an end product.
  • You shall not use the components or templates to create end products that are the property of any natural or legal person other than the licensee or customers of the licensee.
  • You shall not grant access to the components and templates to individuals who are not employees of the licensee.
  • You may not use the Components or Templates to produce anything that ROKKHOPPER Innovations GmbH, in its sole and absolute discretion, may deem competitive or in conflict with the product Effect UI.

Refund

Due to the digital nature of the product, it is not possible to make a refund or exchange after access has been granted.

Responsibility

We, ROKKHOPPER Innovations GmbH, are not responsible for what users do with the content or products they create.

Enforcement

If you violate the license, access to your account will be blocked and no refund will be given. The copyright to the components and templates is owned by ROKKHOPPER Innovations GmbH. You are only granted the rights described in this license. All other rights are reserved. ROKKHOPPER Innovations GmbH reserves the right to take legal action against any unauthorized use of the components or templates outside the scope of this license.

Disclaimer of warranty

You acknowledge and agree that the product is provided "as is" and "as available" without any express or implied warranty or condition. We, ROKKHOPPER Innovations GmbH, make no representations and disclaim all warranties or conditions of satisfactory and merchantable quality or non-infringement. Any express or implied warranties or conditions not expressly set out in these terms of use (including, but not limited to, loss of profits, loss or corruption of data, business interruption or loss of contracts) are, to the extent that such exclusion or limitation of liability is permitted by applicable law, excluded and expressly disclaimed. Your legal rights are not affected.

Disclaimer

We, ROKKHOPPER Innovations GmbH, accept no liability

  • for the functionality of data connections and/or computer services.
  • for errors, malfunctions or damage caused by improper operation, use of unsuitable software/hardware, errors in the operating system and abnormal conditions (such as power fluctuations, room temperature).
  • in the event of improper use of the end device and/or an incident in connection with the use of the end device when using Effect UI.
  • for the unauthorized acquisition of personal user data by third parties (e.g. through unauthorized access to the database by hackers) and for any server failures.
  • for consequential damage, personal injury, financial loss, lost profits and the cost of restoring lost data.
  • if our service fails due to force majeure or fortuitous events, including, but not limited to, internal or external failures or defects, and generally any unavoidable or unforeseeable events that prevent proper performance.

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ROKKHOPPER Innovations GmbH as a result of your use of Effect UI. You agree not to hold yourself out as a representative, agent or employee of ROKKHOPPER Innovations GmbH.

Indemnification

You are responsible for the use of Effect UI. You agree to indemnify and hold us, ROKKHOPPER Innovations GmbH, harmless from and against all claims, damages, losses, and expenses of any kind (including reasonable attorneys' fees and costs), arising out of:

  • your access to or use of Effect UI, or
  • your violation of these Terms of Use or any laws or regulations,

resulting in disputes between you and third parties. In the event that your defense is necessary, you grant us the right to assume sole control over the matter, without limiting your obligations to indemnify. You agree to cooperate with us in defending the claim in such a case.

Online dispute resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. You can reach us by e-mail: [email protected] We do not participate in the dispute resolution procedure.

Other terms and conditions

Applicable law

These Terms of Use and the Agreement shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. All disputes between the parties shall be subject to the exclusive jurisdiction of the competent court at the registered office of ROKKHOPPER Innovations GmbH. Notwithstanding this, ROKKHOPPER Innovations GmbH shall be entitled to sue the customer at the customer's general place of jurisdiction.

Other provisions

Applicable law

These Terms of Use as well as the Agreement are subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law. For all disputes between the parties, the exclusive jurisdiction of the competent court at the registered office of ROKKHOPPER Innovations GmbH is agreed upon. Notwithstanding this, ROKKHOPPER Innovations GmbH is entitled to sue the customer at their general place of jurisdiction.

Written form

For declarations in connection with these Terms of Use and the contract, communication by e-mail, even without a qualified electronic signature within the meaning of the eIDAS Regulation, shall be considered to be in writing within the meaning of Section 886 of the Austrian Civil Code (ABGB).

Updating these Terms of Use

We, ROKKHOPPER Innovations GmbH, may change the Terms of Use for legitimate reasons, e.g. to add new functions to Effect UI or to improve existing functions. We strive to further develop technology, which is why appropriate technical adjustments may occasionally be made to ensure the functionality or security of Effect UI. The Terms of Use may also be changed for legal or regulatory reasons. If a significant change is made to the Terms of Use, you will be notified at least 14 days in advance. We may send these notices by email to an email address associated with your account on Effect UI, and we will notify you when the new version of these Terms becomes effective. In this case, please read such notices carefully. If you do not agree with the changes to the Agreement and no longer wish to use Effect UI, you may delete your account at any time. In the event that urgent changes are required for security reasons, legal requirements or official orders, advance notification may not be possible. However, we will inform you immediately as soon as we are able to do so.

Severability clause

Should individual terms of these Terms of Use be invalid or unenforceable in whole or in part or lose their validity or enforceability at a later date, this shall not affect the validity of the remaining terms. In place of the invalid or unenforceable term, the legally permissible term that comes closest to the economic purpose of the invalid or unenforceable term shall be deemed to have been agreed. The same applies in the event of loopholes.

Contact

[email protected]