Terms of Service

Last Updated: 9 July 2025

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by Horton AppWorks ("we", "us", or "our"). By accessing or using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms, which are governed by German law. If you do not agree to these Terms, you must refrain from using our website.

1. Scope and Applicability

These Terms apply to all users of our website, including natural persons and legal entities. Any use of our services is subject to these Terms as amended from time to time. Additional terms may apply to specific services or functionalities and will be clearly disclosed at the point of use.

2. Changes to the Terms

We may update or amend these Terms in line with legal, operational, or technical changes. We will provide prior notice of material changes in a clear and accessible manner. Continued use of the website after such changes constitutes your acceptance. If you do not agree to the revised Terms, you must discontinue use of our services.

3. Eligibility

To use our website, you must be:

  • At least 18 years of age or legally able to enter into binding contracts under the laws of your country of residence;
  • Acting as an authorised representative if using the website on behalf of an organisation or company.

4. Use of the Website

License Grant

We grant you a non-exclusive, non-transferable, revocable license to access and use the website for lawful purposes in accordance with these Terms.

Prohibited Uses

You agree not to:

  • Use the website in violation of any applicable laws or regulations (including but not limited to German and EU law);
  • Infringe intellectual property or other proprietary rights;
  • Upload or distribute viruses, malware, or any malicious code;
  • Attempt to gain unauthorised access to the website or its systems;
  • Impersonate any person or entity, or misrepresent your affiliation.

5. Intellectual Property

Ownership

All content, designs, software, trademarks, and other materials on the website are the property of Horton AppWorks or its licensors and are protected under German and EU intellectual property laws.

Restrictions

You may not:

  • Copy, reproduce, distribute, or publicly display any content without prior written consent;
  • Decompile, reverse-engineer, or otherwise exploit the website or its components.

6. User-Generated Content

Where applicable, users may be permitted to submit content to the website.

Responsibility

You are solely responsible for any content you submit, and must ensure it is lawful, accurate, and non-infringing.

License to Horton AppWorks

By submitting content, you grant us a non-exclusive, royalty-free, irrevocable, worldwide license to use, reproduce, and distribute such content for the purpose of providing and improving our services. We reserve the right to remove or block content at our sole discretion, particularly where it violates applicable law or these Terms.

7. Disclaimer of Warranties

The website is provided “as is” and “as available”. To the fullest extent permitted by applicable law, including Sections 276 and 280 BGB:

  • We make no warranties regarding the availability, accuracy, or fitness of the website for a particular purpose;
  • We do not guarantee uninterrupted, secure, or error-free access to the website.

Nothing in these Terms shall affect statutory consumer rights under German law.

8. Limitation of Liability

To the extent permitted by law, Horton AppWorks shall not be liable for any:

  • Indirect, incidental, consequential, or punitive damages;
  • Loss of profits, data, goodwill, or business opportunities.

Our total liability under these Terms shall be limited to €100, unless otherwise required under German consumer protection law or in cases of:

  • Gross negligence or intent (Vorsatz oder grobe Fahrlässigkeit);
  • Injury to life, body, or health (Verletzung von Leben, Körper oder Gesundheit);
  • Violation of material contractual obligations (Kardinalpflichten), in which case liability is limited to typical foreseeable damages.

9. Indemnification

You agree to indemnify and hold Horton AppWorks, its employees, affiliates, and partners harmless from any third-party claims, damages, or legal proceedings arising out of:

  • Your violation of these Terms;
  • Your infringement of intellectual property or data protection rights;
  • Any misuse of the website in breach of German or EU law.

10. Data Protection

All processing of personal data is governed by our Privacy Policy, which is compliant with the General Data Protection Regulation (GDPR) and German Federal Data Protection Act (BDSG). By using our services, you agree that we may process your personal data as described in our Privacy Policy.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of laws principles and the UN Convention on Contracts for the International Sale of Goods. For all disputes arising out of or in connection with these Terms:

  • If you are a consumer: you may bring proceedings in the courts of your place of residence or in Germany.
  • If you are a business user (entrepreneur): exclusive jurisdiction lies with the courts of Germany.

12. Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a competent court, the remaining provisions shall remain in full force. The invalid provision shall be replaced by a valid one that comes closest to the commercial intent.

13. Consumer Information – EU Dispute Resolution

Under Article 14 of Regulation (EU) No 524/2013, the European Commission provides a platform for online dispute resolution (ODR) accessible at: https://ec.europa.eu/consumers/odr

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Contact

For any questions or concerns related to these Terms, please contact:
Horton AppWorks
Email: contact@hortonappworks.com

Translation Disclaimer

These Terms have been translated into other languages for convenience. In the event of ambiguity or contradiction, the English version shall be legally binding and authoritative.