1.1 The AndroidPIT Market of the "androidpit.com" website is a service of Fonpit AG, Greifswalder Str. 207, 10405 Berlin (hereinafter known as "Fonpit").
1.2 Using the "androidpit.com" website, developers (hereinafter known as developer) have the opportunity to distribute their software, contents, and digital material produced with the Android SDK for mobile devices (hereinafter known as products) either free of charge or in return for payment.
1.3 Fonpit provides the developer the opportunity to distribute products through the AndroidPIT Market exclusively on the basis of these terms of contract. Fonpit reserves the right to change or append these terms of contract with proper advance notice. The advice notice shall be released online solely on the developerʼs pages from "androidpit.com". If the developer does not object to the appended or changed terms within a month of their online release, the changed or appended terms become effective. If the developer objects within the stipulated period, Fonpit reserves the right to terminate the contractual relationship with the developer at the time when the new changed or appended terms and conditions come into effect.
1.4 Deviating, contradictory, or appended terms of contract do not become part of the contract even upon knowledge, unless their validity is approved explicitly in writing by Fonpit.
2.1 The AndroidPIT Market offers exclusively developers the opportunity to distribute their products. This distribtion via the AndroidPIT Market is only possible if the developer has already registered at androidpit.com and set up his or her personal developerʼs profile. Fonpit has the right to refuse a developerʼs registration.
2.2 Once the developer is registered, he/she may offer their products to customers via the AndroidPIT Market for download.
2.3 Fonpit is authorized to integrate the developerʼs available downloads onto Fonpitʼs partner websites. The partner website shall be disclosed on androidpit.com. The developer has the right to object to the disclosure of his or her products on a partner website in written form (via e-mail). In this case, Fonpit is authorized to terminate the contract within 4 weeks.
2.4 Fonpit reserves the right to change or improve the services of the AndroidPIT Market, providing that these changes are reasonable for the customer. The structure, display, and presentation of the AndroidPIT Market is the sole responsibility of Fonpit. The developer has no claim to the specific positioning of his/her person or products on the website.
Fonpit strives to make the service of androidpit.com continuously available during the contractʼs entire duration, while taking into consideration any maintenance, repair, or update activites. The use of AndroidPIT Market shall be at the developerʼs own risk. Fonpit does not guarantee that the AndroidPIT Market shall be available without disruption safely and error-free at at all times. Interuptions of operation are possible.
4.1 The developer can offer his or her products through the AndroidPIT Market. The developer decides on the price payable by the customer for purchasing the developerʼs products. The prices shall be in Euros and must show the applicable current legal value added tax of 19%.
4.2 Fonpit receives a 30% commision on the net sales price including the current 19% value added tax. The commision is deducted by Fonpit after the customerʼs payment. The rest of the sales prices is transferred to the developer. Fonpit debits the developer monthly. The developer shall receive a statement per email withinin five days after the end of a month. The developer shall receive payment for all due sales revenues within three weeks after the receipt of the account statement email. The customerʼs download shall only be included in the statement when it is certain that the customer shall not be returning the product in accordance with Fonpitʼs return policy.
4.3 Fonpit is authorized to increase the commission with a written advance notice of six weeks. The changed commission is effective if the developer does not object to the increase in writing within six weeks. The terms of contract shall in this case carry on with the changed commission. Both parties have the right to terminate the contract within four weeks to the end of the next month should the developer object in due time.
4.4 The developer also has the right to distribute his/her products free of charge on the AndroidPIT Market. No commission is charged by Fonpit on free of charge products. In this context, free of charge means that the product shall not charge a sales price, not even through an upsell option. Should the developer offer a free trial-version and then charge a sales price for the full-version, the above-mentioned commission is in effect for the payable full-version. The developer is required to offer the purchasable full-version following a free trial-version on the AndroidPIT Market.
4.5 Fonpit allows buyers to return purchased products within 24 hours after purchase. The sales price is returned to the buyer if the buyer takes advantage of the return policy. In these cases, the developer is not entitled to payment of the sales price and Fonpit is likewise not entitled to a commission.
4.6 Customer support and product maintenance are solely the developerʼs responsibility. The developerʼs contact information is displayed and released online along side the product for this specific purpose.
4.7 Customers may re-install products for free if these products were initially purchased, but then deleted. In these cases, the developer is not entitled to remuneration and Fonpit does not have the right to a commission.
5.1 The developer grants Fonpit non-exclusive licensed property and utilization rights for the unrestricted, complete or partial use of the developerʼs products for all known types of use. This granting of rights is valid worldwide and includes, in particular, the reproduction, distribution, making available to to the general public, display, and use of products for management and demonstration purposes in accordance with the operation and marketing of AndroidPIT Market.
5.2 The developer guarantees that he/she is the holder of all the necessary commercial property rights, in particular, copyright, branding, naming, and trademark rights. The developer guarantees that the use of third-party content is in accordance with the necessary rights allowing for the distribution of third-party content as part of his/her own product. The developer is solely responsible for having the required copyright rights, commercial property rights, and other rights related to the productʼs distribution.
5.3 Fonpit grants the developer a limited, non-exclusive, worldwide, free of charge right of use of the AndroirPIT Market trademark and brand name rights for the duration of this agreement for marketing purposes. These rights are limited exclusively to purposes of advertising products placed by the developer on the AndroidPIT Market.
6.1 The developerʼs products are openly rated by Fonpit as well as AndroidPIT Market customers directly on the rating page. If the developer wishes to be rated by Fonpit, the developer shall provide Fonpit with a free version of his/her products.
6.2 Ratings made by customers shall not be verified by Fonpit. The developer may report to Fonpit via email about any customerʼs rating violating any legal laws or prohibitions, and/or public morality, and/or third-party rights.
7.1 The developer affirms that all information provided by the developer relating to his or her person as well as any other information relevant to the agreement is complete and correct. The developer commits to informing Fonpit about any changes to his or her personal information. It is the developerʼs responsibility to keep all passwords related to the AndroidPIT Market confidential. The developer shall be held liable for any damages to Fonpit caused by a breach of confidentiality as a result of unauthorized use of the developerʼs password by a third-party in order to participate in the AndroidPIT Market.
7.2 The developer promises not to transfer any data that could threaten, in its shape, form (eg. viruses), size and/or reproduction, the continued existence or operation of Fonpitʼs data network.
7.3 The developers affirms that the form, content, and purpose of his/her products shall not violate any laws/prohibitions or public morality. In particular, the developer shall agree not to display pornographic, violence inciting, or hateful content and/or display content that incites criminal acts or provides instructions on how to commit them. Furthermore, the developerʼs products may be neither offensive nor derogatory.
7.4 In the case of a violation of the previously-mentioned rules, Fonpit reserves the right to partially or completely remove the developerʼs products from the Internet and/or block the developerʼs access to the AndroidPIT Market. If the developer is responsible for the violation of the previously-mentioned rules, he/she is liable for all compensations to Fonpit for any resulting damages. The developer exempts Fonpit internally from any possible third-party claims resulting from such damages.
Fonpit is liable for damages related to deliberate or grossly negligent contract violations, as well as for damages resulting from slightly negligent violations of considerable contract obligations. In the latter case, liability is limited to typical foreseeable damages during the contract conclusion. Fonpitʼs legal liability for personal injury according to the product liability law remains unaffected. The preceding limitations of liability also apply to violations of obligations by legal representatives or assistants.
9.1 The contract remains effective indefinitely. The contract begins with the developerʼs registration and acceptance of the terms of contract.
9.2 The contract may be terminated in writing by both parties within a period of 4 weeks till the end of the next month. An email is a sufficient form of writing. The right for an extraordinary termination remains unaffected. In particular, Fonpit has the right to an extraordinary termination, if the developer receives bad customer ratings and does not meet the obligation for providing customer support for his/her products.
9.3 Fonpit is not obligated to immediately delete the developerʼs data at the end of the contract. The developer has the right to request the deletion of this data.
10.2 The developer also agrees to adhere to the existing privacy protection conditions. The developer agrees, in particular, to use, gather, and process customersʼ personal data in accordance with the legal regulations, as well as to inform the customer about using their personal data by obtaining the customerʼs legal consent.
11.1 The terms of agreement as well as the entire legal relationship between Fonpit and the developer are subject exclusively to the laws of the Federal Republic of Germany under the UN Convention on Contracts for the International Sale of Goods and private international law.
11.2 The place of jurisdiction agreed upon is Berlin, if the developer is either a businessman, does not have a general place of jurisdiction domestically, has permanent or habitual residence outside of the jurisdiction of this law, or if the place of permanent or habitual residence is unknown at the beginning of legal proceedings.
11.3 If any of the clauses of the agreement become entirely or partially void, this does not affect the binding force of the rest of the terms of agreement.
Berlin, Apr 20, 2010