Terms and conditions

Preamble

Passcreator is a product of mediahelden GmbH, Theodor-Lipps-Str. 4, 80997 München, Germany (referred to as mediahelden below). mediahelden is hosting an online Wallet configurator under the URL www.passcreator.com and subdomains (e.g. app.passcreator.com or portal.passcreator.de) that allows customers to create wallet passes (digital event tickets, coupons, gift cards, store cards and more) for the smartphones of their users that can be provided to the users afterwards.

1. General

1.1 For the usage of the online application, offered by mediahelden at www.passcreator.com, these terms and conditions apply exclusively. The customer accepts these Terms and Conditions are accepted using a click-wrap agreement during sign-up. These Terms and Conditions can be accessed anytime online.

1.2 Individual contracts have precedence over these Terms and Conditions. The Terms and Conditions of the customer don't apply in this context, no matter if mediahelden explicitly contradicts them.

1.3 The Terms and Conditions also apply to contracts with customers residing outside of Germany.

1.4 The online application is exclusively targeted to businesses. A business in terms of these Terms and Conditions are legal entities, sole proprietors or other persons that are using mediahelden for their professional activity. These businesses are called customers below.

1.5 To use the application offered by mediahelden the customer needs an so called Apple Developer Account (https://developer.apple.com/). This account is needed to create certificates for Wallet passes.

2. Sign Up / Conclusion of Contract

2.1 To use the online application offered at www.passcreator.com a usage contract must be concluded between the customer and mediahelden. This contract is concluded when the customer signs up using the registration form on www.passcreator.com.

2.2 Only businesses as defined in § 1.4 may sign up. A right to sign up doesn't exist.

2.3 The customer can sign up either for a free or a paid version of the online application at www.passcreator.com

2.4 The data that is requested during sign up must be complete and correct. The customer is solely responsible for the correctness of his data. Type errors that may have happened during sign up can be corrected anytime later by either going back in the browser or, after signing up, log in to the online application of mediahelden and edit the data in the account settings.

2.5 By submitting the registration form the customer is submitting a binding quote to conclude a contract for the usage of the online application offered by mediahelden on www.passcreator.com.

The offer is submitted by clicking the "complete registration" button when using the free version or the "complete registration with costs" button when signing up for a paid version of mediahelden.

The customer will receive a confirmation mail that contains a link to verify his registration. The contract between the customer and mediahelden is concluded after clicking this link. Afterwards the customer will be able to use all features offered in his plan.

2.6 Changing pricing plans / Booking additional features

After completing the registration the customer is able to change his pricing plan by logging in to Passcreator and click on Account Options and Change Volume. mediahelden may as well offer additional features that will also be selectable in the customers account options.

By clicking on the button "Order with costs" the customer is submitting a binding quote for a new contract with the new pricing plan.

The customer will receive a confirmation mail that prompts him to confirm his new pricing plan by clicking on a confirmation link. The new pricing plan will be activated after this link has been clicked and the new updated contract is applied afterwards.

2.7 The new pricing plan is stated in the confirmation mail together with the Terms and Conditions of mediahelden.

3 Scope of Work

3.1 The customer is able to create Wallet passes using the online application offered by mediahelden by applying his own design and use this Wallet pass as e.g. digital event ticket, coupon, gift card that can then be offered to his users or customers. The Wallet passes are usually used on Smartphones.

3.2 The pricing plans differ in the maximum number of active passes that can be used by the customer and other features. The current pricing plans can be found anytime on https://portal.passcreator.de/customer/register.

A active pass is a Wallet pass that is saved on a users Smartphone. One pass can be saved on multiple devices.

3.3 The customer is able to book additional paid features in his account options and use them afterwards.

3.4 Each created Wallet pass has a unique URL that will be distributed to the user e.g. by E-mail or a Landing Page.

Additional to that mediahelden the customer may offer the pass on his website or use API calls to handle pass creation and distribution.

4 Compensation / Payment terms

4.1 All prices are net prices excluding VAT.

4.2 mediahelden is issuing monthly invoices.

5 Rights and liabilities of mediahelden

5.1 mediahelden is makes its' best effort to maintain an interference-free service. However it can't be ruled out that downtimes occur, especially due to technical failures or overload of the system. mediahelden is doing it's best to restore an interference-free state but can't guarantee that state.

5.2 mediahelden is authorized to take parts of its online portal or the whole service offline if this is necessary to execute maintenance work or fix errors. Passcreator has to make sure to keep downtimes to a minimum.

6 Liabilities of the Customer

6.1 When signing up the customer has to provide an E-Mail address and a password for his account. The customer has to take care that is credentials (especially his password) are kept secret and not known to others. He may not hand over his credentials without explicit permission by mediahelden. To keep the account safe we encourage customers to change their password regularly.

6.2 The customer must notify mediahelden immediately if his account or password are being misused or other security leaks occur at the customer that might interfere mediahelden's services. The customer is liable for if he causes or allows abusive usage of is account.

6.3 The customer must use the online application available at www.passcreator.com only for the in §3 described purposes.

6.4 The customer must use the online application at www.passcreator.com in a way that doesn't violate rights of third parties, personal rights or other laws and regulations. The customer must especially respect the rules described in §7.

7 Content of Wallet passes and Landing Pages created on mediahelden

7.1 When creating Landing Pages using mediahelden you're responsible to meet the laws, especially the german telecommunications law that requires a mandatory imprint.

7.2 You must further ensure that content that you upload to and publish with mediahelden doesn't collide with the law, governmental regulations or morality.
The customer is especially not allowed to:

  • Upload, save, publish or transfer data, text, images, videos, files, links, software or other content that is illegal, harmful, abusive, harassing, threatening, aspersive, offensive, racist or may be harmful to minors, especially if it is e.g. pornographic, glorifies violence.
  • Upload, save or publish content that violates rights of third parties, especially patents, trademarks, copyrights, ancillary copyrights, personal rights or property laws.
  • Upload, save or publish content that contains harmful software (e.g. viruses) or other information, data or programs that are intended to or might be used to interrupt or destroy the functionality of networks, computers or telecommunication devices.
  • Upload, save or publish content that he is not allowed to use.
  • Impersonate another company, person or legal entity.
  • Falsify data or other distinctive marks to mask the source of content that is transferred when using mediahelden.
  • Publish unwanted advertising, promotions, Junk- or mass mailings ("Spam"), ponzi schemes or other advertising he is not allowed to send to his users.
  • Violate national or international statutory provisions when using mediahelden.
  • Harass, insult, threaten or defame anybody, no matter if it's an individual person, a legal entity or a company.
  • Publish false statements.
  • Collect personal data without permission of users.

7.3 The customer is explicitly pointed out that he must comply with the end user license agreement of Apple that apply for Apple Developers and the usage of Apple Wallet. The customer must, according to this agreement, include contact data of his company on all passes that are issued.

7.4 If it turns out that the customer violates applicable law when using mediahelden (e.g. by publishing his Wallet passes or Landing Pages), mediahelden is authorised to revoke the usage license for the Passcreator application and deactivate or delete his Wallet passes and/or Landing Pages.

7.5 The customer is solely responsible for all content that he publishes when using Passcreator (e.g. creating and distributing Wallet passes or publishing Landing Pages). The customer must make sure that the content published complies with applicable law and these terms and conditions.

7.6 mediahelden generally does not check content that is uploaded, used or published by the customer and is therefore not responsible for the correctness, appropriateness and quality of such content.

7.7 mediahelden will only save the data the customer uploads while a valid contract between mediahelden and the customer is in place. All data will be deleted after the contract has ended.

7.8 If there should be a suspicion that the customer violates these terms, especially point 7.2, mediahelden may cancel the customers contract and/or remove the customers data that violates these rules according to point 9.

8 Release from liability

The customer is releasing mediahelden from liability regarding receivables or claims no matter what kind these receivables or claims may be. The customer will hold mediahelden harmless by such receivables or claims that third parties may bring up against mediahelden because of content that has been uploaded, saved or published by the customer. This includes compensation of legal costs.

9. Life of contract and cancellation/suspension

9.1 The contract is is concluded with a time span of one month. It is automatically extended by one month if it is not cancelled two weeks bevor the end of the month by one of the parties to the contract.

9.2 The customer may cancel his account by clicking on "Cancel account" in his Account settings in the Passcreator application. The cancellation is confirmed directly afterwards.

If mediahelden should cancel the account the customer will receive an E-Mail at the address the customer has specified for his account.

9.3 mediahelden reserves the right to remove data from the system, revoke access of a customer, refuse registration or remove the customers access temporarily or completely if the customer uses the online application at www.passcreator.com illegally or violates these terms and conditions or applicable law. If mediahelden revokes access, removes an account or revokes registration the customer will be notified immediately via E-Mail.

If the customer violates the law, mediahelden is authorised to hand over data to authorities.

10. Reservation of proprietary rights

10.1 The digital passes that are created remain property of mediahelden until the customer has paid the invoices billed.

10.2 With the enforcement of the reservation of proprietary rights the customer is no longer allowed to use the Wallet passes created using the Passcreator online application.

11. Scope of rights

11.1 mediahelden holds the rights to the database and all content of the website at www.passcreator.com that have been created by Passcreator. With the exception of content that has been created by customers all intellectual property rights, brands or trademarks regarding databases, content or other data - if not marked otherwise - are owned by mediahelden. Possible claims to such content of the customer is not affected by this.

11.2 Passcreator is granting the customer a single, non-transferable license to use the online application available at www.passcreator.com during the contract between the customer and Passcreator is valid and not expired.

12. Disclaimer

12.1 mediahelden is not liable for any direct or indirect damages if they are not caused by gross carelessness or intention. This disclaimer is also valid for employees or sub-contractors of mediahelden. Liability regarding warranted features or product liability is not affected by this.

12.2 Liability by mediahelden for ordinary negligence is only assumed if these violations are affecting the execution of the contract between the customer and mediahelden according to contract. If the argument is about the violation of such contractual duties the liability for indirect damages, especially loss of profit and consequential damage, is excluded.

12.3 The liability is further limited to damages typical for the contract and foreseeable damages and can be controlled by mediahelden.

12.4 Above disclaimer does not include damages to lives, bodies or health. Product liability is not affected.

13. Data privacy

13.1 Data that is collected during sign up or usage of mediahelden is only used, stored or processed by mediahelden if it is necessary to satisfy contractual duties, especially hosting the services offered or if it is necessary for billing purposes or if the customer has explicitly agreed.

13.1 mediahelden obligates itself to comply with applicable data privacy regulations, especially the german "Bundesdatenschutzgesetz (BDSG)" and the "Telemediengesetz (TMG)". The data privacy policy lies out the usage of personal data by mediahelden in detail.

14. Miscellaneous provisions

14.1 The agreement shall be subject to the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

14.2 The contractual parties agree on the mediahelden's place of business as place of jurisdiction if the customer has no general place of jurisdiction within the Federal Republic of Germany the residence or domicile of the customer is not known when commencing a suit
the customer has moved his residence or domicile outside of the Federal Republic of Germany.

14.3 The contractual language is German.

Latest update: April 2017

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