Terms & Conditions
These terms apply to custom software development by Skylet. The apps published under the Muv0 brand have their own terms on muv0.de.
1. Businesses only
Our services are addressed exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. persons acting in the exercise of their commercial or independent professional activity when entering into the contract. No contract is concluded with consumers. By submitting an enquiry you confirm that you are acting as a business.
2. Provider and scope
The provider is Skylet - Built to Perform, Hubertusweg 9, 53501 Grafschaft-Birresdorf, Germany (hereinafter “we”) - full details in the legal notice. These terms apply to all contracts for the design, development, adaptation and maintenance of software. Deviating terms of the customer apply only if we agree to them in text form.
3. Offer and conclusion of contract
The presentation on our website does not constitute a binding offer. Your enquiry through the form is non-binding and obliges neither side. A contract is concluded only once we have made an offer and you accept it in text form - or we confirm your order in text form.
4. Scope of services
What is owed is what the offer describes. Not owed are in particular content, third-party licences, app store developer accounts, ongoing server costs and approval by a store operator. Requirements beyond the described scope are agreed separately; they shift agreed dates accordingly.
5. Your cooperation
You will provide in good time whatever is required for performance - in particular content, logos and colour specifications, access to your systems, and contacts authorised to decide. Delays resulting from a lack of cooperation are not attributable to us and shift dates by the corresponding period.
6. Remuneration and payment
Remuneration follows from the offer: as a fixed price or on a time-and-materials basis. All prices are exclusive of the applicable statutory value added tax. Invoices are due without deduction within 14 days. For projects above €5,000 we may request instalments according to progress.
If a payment due is not received within 14 days of the due date, we may suspend work until it arrives. Agreed dates shift by at least the period of delay.
7. Dates
Dates are binding only where expressly agreed as such in text form. Otherwise they are non-binding planning values. Circumstances for which we are not responsible - in particular outages at upstream providers, changed store requirements and missing cooperation - extend deadlines reasonably.
8. Acceptance
On completion we make the result available for review. You review it within 14 days and either declare acceptance in text form or name defects. If neither happens within that period, the work is deemed accepted. Insignificant defects do not entitle you to refuse acceptance. Productive use counts as acceptance.
9. Defects
If the work is defective, we will remedy it. If subsequent performance fails twice, you are entitled to your statutory rights. Claims for defects become time-barred one year after acceptance; this does not apply in cases of intent, fraudulent concealment, or injury to life, body or health.
10. Rights in the result
Upon payment in full you receive the right, unlimited in time, territory and content, to use, publish and modify the software created for you.
Not transferred are rights in components we already had - libraries, scaffolding and reusable parts remain our property; in those you receive a simple, perpetual right of use within the scope of the project. Rights of third parties in any third-party software used also remain unaffected; their licences apply unchanged.
Your trademarks, logos and content remain yours. You warrant that you hold the necessary rights and indemnify us against third-party claims based on materials supplied by you.
11. Reference
We may name you as a reference and show the result in our portfolio. You may object at any time in text form; we will then remove the mention.
12. App store approval
Whether an app is admitted to a store is decided solely by the store operator according to its own guidelines. We cannot guarantee approval. If an app is rejected, we will adapt it within the agreed scope; this does not give rise to any claim for a refund.
13. Confidentiality
Both sides treat information of the other that is marked confidential or recognisably confidential as such, and use it only for the purpose of the contract. This continues beyond the end of the contract.
14. Liability
We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act. In cases of ordinary negligence we are liable only for breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely, limited in amount to the foreseeable damage typical for this type of contract, and at most to the remuneration paid in the project concerned.
For loss of data we are liable only up to the effort that would have been required for recovery had backups been made properly and regularly.
15. Term and termination
Project contracts end upon acceptance. Agreements on ongoing maintenance run for an indefinite period and may be terminated by either side in text form with one month’s notice to the end of a month. The right to extraordinary termination for good cause remains unaffected.
16. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is our registered office. Amendments and additions require text form. Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.
17. Language
This is a translation of the German Allgemeine Geschäftsbedingungen, provided for convenience. In the event of any discrepancy, the German version prevails.