1. Provider and scope
Bytekontor GmbH, Bleicherwiesen 14, 31224 Peine, registered with the Local Court of Hildesheim under HRB 210343 ("Bytekontor"), provides a hosted software service for app developers under the name "Mobile Joe" (the "Service").
These Terms of Service apply exclusively to business customers, legal persons under public law and special funds under public law.
Anyone who creates an account or places an order for a Customer confirms that they are acting in a professional or commercial capacity and have authority to represent the Customer.
2. Contract formation and contract documents
The contract is formed when the Customer accepts these Terms of Service during the registration, order or checkout process and Bytekontor activates the account or the Service. An individual offer or order form may provide for a different method of contract formation.
The relevant registration, order or checkout process and any individual offer are collectively referred to as the "Order Process".
The Data Processing Agreement ("DPA") forms part of the contract to the extent that Bytekontor processes personal data on the Customer's behalf. The Subprocessor List is incorporated under the rules of the DPA. The Privacy Policy provides information about processing for which Bytekontor itself is the controller; it is not a contract term.
In the event of a conflict, the following order of precedence applies:
- individual offer or order form;
- the DPA for matters of processing on behalf of the Customer;
- these Terms of Service.
3. Service
Through the administration interface for Mobile Joe Customers ("Dashboard"), API and software development kits ("SDKs"), the Service provides functions for managing and delivering content and for interactions with End Users in Customer Apps. The agreed scope of the Service is determined by the Order Process and the service descriptions incorporated into it.
4. Customer account, credentials and integration
The Customer keeps its account, contact and billing details accurate and current. It protects passwords, API keys and other credentials against unauthorised access. The Customer reports suspicious access without undue delay to hey@mobilejoe.dev.
The Customer integrates the SDK or API in accordance with the technical documentation and uses supported versions.
To identify its own End Users, the Customer may transmit an app-specific pseudonymous identifier ("User Reference"). Directly identifying information such as names, email addresses or telephone numbers must not be used as a User Reference. If identifiers are derived from such information, the derivation must be protected against determining the underlying information by a pseudonymisation method that reflects the state of the art.
5. Trial period, fees and payment
The free trial period lasts 14 days and does not require a payment method. If the Customer does not enter into a paid subscription before it expires, the contract continues as a free basic service under section 14.
The fee, billing period, usage limits and taxes are stated in the Order Process. The subscription renews for the billing period stated there unless it is cancelled before the next renewal date.
A monthly active app user (MAU) is a unique pseudonymous user identity for which at least one SDK or API call is processed in the relevant calendar month. If the Customer uses the optional app-specific User Reference, anonymous user identifiers assigned to it within the same app and calendar month are counted only once. Without a User Reference, each anonymous user identifier active in the relevant calendar month within the same app is counted once. Device identifiers are not counted separately. The MAUs of all apps in the Customer account are added together for the plan limit.
Sold through Link, LLC ("Link") handles payments through Stripe Managed Payments as merchant of record. The Link Terms govern the relationship between the Customer and Link.
Refunds issued by Link under its refund policy remain unaffected.
If payment is overdue, Bytekontor may restrict access after a prior reminder and a reasonable payment period. Bytekontor may act immediately if a payment service provider blocks the payment because of suspected fraud or a security risk.
6. Customer Content and rights
"Customer Content" means content, configurations and other data that the Customer provides through the Service. "End User Data" means data generated when Mobile Joe is used in a Customer App that can be assigned to a pseudonymous identity.
The Customer retains its rights in Customer Content. For the term of the contract, it grants Bytekontor a non-exclusive, worldwide and royalty-free licence to process Customer Content to the extent necessary to provide, deliver and back up that content and provide support.
Bytekontor does not use data linked to individual End Users for advertising, profiling, cross-customer tracking or its own product improvement. Bytekontor may use non-personal, aggregated operational data for capacity planning, statistics and improvement of the Service.
The Customer must have all rights required to use and display its Customer Content. It remains responsible for the accuracy and lawfulness of that content.
7. Data protection and terminal equipment
The Customer determines the purposes and means of processing End User Data. Bytekontor processes this data on the Customer's behalf under the DPA. If the Customer itself acts as a processor, it engages Bytekontor as another processor.
The Customer fulfils its information obligations towards End Users, determines the legal basis for its processing and obtains any required consent.
The Customer integrates the SDK so that storage on and access to terminal equipment remain limited to functions requested by the End User. Before any earlier or broader initialisation, it assesses whether consent is required under section 25 TDDDG.
8. Acceptable use
The Customer must not use the Service to:
- violate applicable law or third-party rights;
- distribute malware, circumvent security measures or test systems without authorisation;
- overload the Service, manipulate the results of user interactions or circumvent usage limits;
- process End User Data excluded under Annex 1 to the DPA;
- use the Service for decisions or processes whose failure may directly endanger life, health or the security of critical systems.
Any deviation from contractual restrictions on use requires a prior agreement in text form; statutory prohibitions remain unaffected. Bytekontor may set reasonable technical limits to protect security, performance and use in accordance with the contract.
9. Notices of illegal content and measures
Notices of illegal Customer Content may be sent to hey@mobilejoe.dev. The notice should identify the content concerned and its location precisely, explain the suspected illegality, and confirm the accuracy and completeness of the information to the best of the notifier's knowledge. The name and email address must be provided unless a statutory exception applies.
Bytekontor may block or remove Customer Content and restrict accounts, API keys or functions if there are specific indications of infringements, security risks or material breaches of contract. Bytekontor considers the nature, severity, duration and consequences of the infringement and the rights of the persons concerned. Restrictions are limited to what is necessary and lifted as soon as the reason for them ceases to apply.
An authorised person reviews such measures. Bytekontor does not use automated content moderation.
To the extent that the Digital Services Act requires a statement of reasons, Bytekontor provides the Customer, no later than when the measure takes effect, with the material facts, the legal or contractual basis and the available remedies.
10. Availability, maintenance and support
Bytekontor may perform maintenance, apply security measures and make technical changes.
Support is provided through hey@mobilejoe.dev. No specific availability levels or fixed response and resolution times are agreed.
11. Confidentiality
Each party protects the other party's non-public technical, commercial and other confidential information. It may use this information only for the contract and make it available only to persons who need it for that purpose and are bound by confidentiality obligations.
The obligation does not apply to information that is publicly known without a breach of contract, was already lawfully known to the receiving party, was developed independently or was lawfully obtained from third parties.
Disclosures required by law remain permitted.
12. Rights in the Service
Bytekontor and its licensors retain all rights in the Service, Dashboard, API, documentation, trademarks and other technology. SDK source code may be subject to the open-source licences stated in the relevant repository.
The Customer must not reverse engineer or copy the Service or use it to build a competing service, except to the extent permitted by mandatory law.
13. Provider switching, export and erasure
A person authorised for the Customer account may request a switch, export or erasure through hey@mobilejoe.dev or through functions provided for this purpose in the Dashboard. Bytekontor transmits exports to the Customer using appropriate security measures.
The following rules apply to switching under Chapter VI of the Data Act to another provider or to the Customer's own infrastructure:
The notice period before the switching process begins is no more than two months from the request; the subsequent transitional period is no more than 30 calendar days. If this is technically unfeasible, Bytekontor explains this within 14 working days after the switching request and specifies an alternative transitional period of no more than seven months. The Customer may extend the transitional period once by a period that it considers more appropriate for its own purposes.
Bytekontor continues to provide the contractual functions during the switching process, provides reasonable assistance to the Customer and authorised third parties, and gives information about known risks to service continuity. Bytekontor supports the exit strategy defined by the Customer and maintains a high level of security during the switching process and the subsequent data retrieval.
Exportable data and digital assets are provided in a structured, commonly used and machine-readable format. The exportable and excluded categories in the export overview form part of the contract. The information on international access describes infrastructure jurisdictions and safeguards against unlawful governmental access from third countries.
No separate switching charges apply; standard fees continue during the notice and transitional periods. If the Customer initiates early switching, the fee for the current monthly billing period remains due; switching alone does not result in a pro rata refund. Mandatory statutory rights to refunds and price reductions remain unaffected.
The contract ends when the switching process is successfully completed or, if the Customer instead requests erasure of its exportable data and digital assets, at the end of the notice period. Bytekontor confirms the end of the contract in text form.
After the transitional period ends, the Customer may request its exportable data again for at least 30 calendar days. After successful switching and expiry of this or a longer agreed retrieval period, Bytekontor erases all exportable data and digital assets generated directly by the Customer or relating directly to it, unless a statutory retention obligation applies. For personal data, the DPA applies in addition.
14. Term and termination
The contract begins when it is formed and continues until it is terminated under this section. The Customer may cancel a paid subscription through the Dashboard or Stripe Billing Portal with effect from the end of the current billing period. Until then, the paid functions remain available if payment is made as agreed. When the cancellation takes effect, only the paid subscription ends.
After a paid subscription ends or the trial period expires without a paid subscription being entered into, the contract continues as a free basic service. Under the basic service, the Customer account, Dashboard access and stored data remain; API and SDK access is blocked. Either party may terminate the basic service in text form. The Customer may also use a function provided in the Dashboard for account deletion for this purpose.
When the contract ends, the Customer's rights of use end. Export and erasure are governed by section 13 and the DPA.
15. Defects
The Customer reports defects with the information Bytekontor needs to investigate and reproduce them. Bytekontor may remedy the defect by correction, a reasonable workaround or an equivalent replacement function.
16. Liability
Bytekontor has unlimited liability for damage caused intentionally or by gross negligence and for damage resulting from culpable injury to life, body or health. This also applies in the event of corresponding fault on the part of its legal representatives or vicarious agents. Liability under the German Product Liability Act and guarantees expressly assumed remains unaffected.
In all other respects, Bytekontor is liable for ordinary negligence only in the event of a breach of an obligation whose performance makes it possible to perform the contract and on whose performance the Customer may normally rely. Liability is then limited to foreseeable damage typical of the contract at the time the contract was entered into.
Mandatory statutory claims for damages, in particular under Article 82 GDPR, remain unaffected.
17. Changes to these Terms of Service
Changes to these Terms of Service, the agreed price or the agreed Service require an agreement with the Customer. Bytekontor informs the Customer about material changes to these Terms of Service.
18. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Peine is the exclusive place of jurisdiction for merchants, legal persons under public law and special funds under public law. In all other cases, the statutory places of jurisdiction apply.
The Customer may assign claims only with Bytekontor's prior consent. This does not apply to monetary claims or if the Customer's interest in assignment outweighs Bytekontor's interest in excluding assignment.
The German version is controlling.