Terms of Service

§ 1 Scope

(1) These Terms and Conditions (hereinafter referred to as “Terms”) apply to services provided by Thomas Surmann Bootify.io, Friesickestr. 29, 13086 Berlin, Germany (hereinafter referred to as “Bootify.io”) and its users (hereinafter referred to as “Customers”). By using the services provided by Bootify.io, the Customer accepts these Terms.

(2) We explicitly object to any deviating rules on the part of the Customer. Deviating rules will only be acknowledged by Bootify.io if these have been expressly agreed in writing.

(3) The Terms and Conditions also apply to all future transactions between Bootify.io and the Customer, provided they are related legal transactions.

(4) These Terms may be changed at any time without stating reasons. The Customer will be notified of this in good time by e-mail, whereupon they will have two weeks to object to the change. If no objection is raised, the change will be deemed to have been accepted.

(5) The business relationship between Bootify.io and the Customer is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention. The place of jurisdiction is Berlin.

§ 2 Services provided by Bootify.io

(1) In order to use the services provided by Bootify.io it is necessary to start a project on the website http://bootify.io. After the start, access is granted to an online tool (“Bootify.io Builder”) that is operated entirely via the browser.

(2) The online tool can be used to define a basic project setup for a Spring Boot application, which may contain a custom database scheme or REST endpoints. The Customers input defines the Project Data. The resulting code can be reviewed and downloaded so that the Customer can complete the application development themselves. The downloaded source code is per definition incomplete, untested and comes without any warranties.

(3) Bootify.io endeavors to tailor its services to current market requirements. The agreed services may therefore be subject to change, provided these do not impair the core service and are reasonable for the Customer.

(4) Bootify.io is currently in a feedback phase, meaning users should expect errors, problems and possibly even data losses when using the website and online tool. The service may be terminated at any time without stating reasons.

§ 3 Obligations of the Customer

(1) When starting a project a unique ID/URL is generated for this project. The URL should be saved by the Customer in order to access the project at a later time if needed.

(2) Furthermore it's the responsibility of the Customer to store and share this ID only in a mature way, to not give unauthorized people or companies access to the Project Data. Cookies must be deleted if used on a public computer.

(3) The generated code is by definition incomplete and untested and may contain errors because of the unique combination of Project Data. Every project has to be reviewed, tested and completed by an IT professional of the Customer.

§ 4 Infringement of third-party rights

(1) The Customer is solely responsible for the content provided as Project Data.

(2) The generated source code depends on other technologies and libraries (Spring Boot, Java, Gradle among many others). For all data submitted to the online tool as well as all technologies and libraries referenced in the generated source code, the Customer must ensure that they hold all necessary rights (copyright, trademarks and other rights). The Customer is responsible for all consequences arising from any legal violations and releases Bootify.io from any liability. This does not affect further claims for damages on the part of Bootify.io against the Customer.

§ 5 Warranty and liability of Bootify.io

(1) Non-warranty clause for technology bugs

Bootify.io is not giving any liability for any referenced technology or library. After downloading the source code any further development or usage of the generated source code lies in the responsibility of the Customer.

(2) Non-warranty clause for generated code

Due to the unique Project Data of each project, Bootify.io does not accept warranty claims and is not liable for any damages resulting from errors in the source code.

Bootify.io is highly grateful for any information about errors, and will endeavor to rectify these promptly.

(3) Non-warranty clause for data loss

Bootify.io is not liable for the loss or change of Customer data which occurs as a result of defects on the website or in the online tool.

(4) General liability for damages

Bootify.io is liable without limitation for damages involving injury to life, limb or health, as long as these are the result of a breach of duty on the part of Bootify.io or a vicarious agent acting on behalf of Bootify.io, and for damages arising from the absence of a condition guaranteed by Bootify.io.

Furthermore, Bootify.io is liable without limitation for damages caused as a result of gross negligence or intent by Bootify.io or a vicarious agent.

In the case of material and financial damages incurred as a result of negligence, Bootify.io and its vicarious agents are only liable if a core contractual obligation has been breached, and this is restricted, depending on the amount, to the foreseeable damage typical of this type of contract when the contract was concluded. Bootify.io is not liable in any other respects.

This does not affect liability under the German Product Liability Act.

(5) Limitation period

A limitation period of one year applies to all claims for damages, compensation for wasted expenses or other defect claims against Bootify.io (except in the case of intent or personal injury).

§ 6 Privacy

(1) Bootify.io Privacy applies: https://bootify.io/privacy.html

§ 7 Availability

(1) In keeping with modern technological standards, the website and online tool are generally available for the Customer to use around the clock. For technical reasons (such as capacity constraints, software updates), it may be necessary to restrict the services temporarily. Claims for damages and warranty claims arising from the unavailability of the website or the online tool will not be accepted, even if the outage lasts for a considerable period of time. No liability is accepted for system failures due to force majeure or circumstances which are not the responsibility of Bootify.io.

(2) The Customer is responsible for providing, at their own expense, the online access necessary for using the website.

Last amended: August 2020