Bananapie GmbH, Eisenbhanstr. 11, 10667 Berlin, Germany (hereinafter referred to as "Getshopper") is the owner of all copyright and other rights of use and exploitation to the internet-based platform it offers for the development and marketing of mobile shopping apps.
These General Terms and Conditions (hereinafter referred to as "GTC") regulate the relationship between Getshopper and companies that make use of the services offered by Getshopper as defined in Annex 1 of the individual contract ("Service Description") (hereinafter referred to as "Customers"). These GTC apply exclusively to customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), a legal entity under public law or a special fund under public law.
Offers and services of Getshopper shall be made exclusively on the basis of these GTC, which shall be supplemented by the provisions in individual contracts and their annexes. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract with Getshopper if Getshopper expressly agrees to their validity. This requirement of consent shall also apply if Getshopper renders services without reservation in the knowledge of the customer's general terms and conditions.
The following terms shall have the following meaning in the context of the individual contract and these General Terms and Conditions:
Working Day means a period of 8 hours;
Individual Contract means the offer or the contract that refers to these GTC, including the associated annexes (in particular the annexes "Description of Services", "Individual Functional Extensions" as well as "Contract for Commissioned Data Processing pursuant to Art. 28 DSGVO");
Branch(s) means one or more locations configured as "Branch" in the Getshopper Admin Area The number of Branches is the basis for calculating the contractually agreed basic fee. An increase in the number of branches within the contract period leads to an increase in the monthly basic fee. A reduction of the connected stores within the contract period is not possible;
Intellectual property rights means copyrights, patents, trademarks, database rights, erfindings, trade and business secrets, know-how and other industrial property rights;
Group Company means, with respect to a Party, a company that is a Group Company within the meaning of Section 18 of the German Stock Corporation Act (AktG) in relation to such Party;
Customer Data means data (in whatever form) from the Customer's sphere of possession or control that the Customer provides to Getshopper in connection with the Individual Agreement;
Milestone means an effective date or event related to Getshopper's obligations under the Individual Agreement that is expressly designated as a "Milestone" in the Individual Agreement;
Party(ies) means the parties to the Individual Contract (or either party);
Productive System means a deployment environment on which real data is productively worked with;
Test System means a deployment environment on which fictive test data is worked with;
Contract Year means a period of 12 months from the Effective Date of the Individual Contract and any subsequent continuous period of 12 months during the term of the Individual Contract;
Confidential Information means any information of a party which by its nature should be kept identifiably confidential or which is expressly designated by a party as confidential;