Terms & Conditions
TERMS & CONDITIONS FIDOPOLI DIARY
Last updated: 06.11.2020
Content of the Online Service
The information provided by FIDOPOLI Software GmbH (“we,” “the author”, “us” or “our’) on www.fidopoli.com (the “Site”) and in FIDOPOLI Puppy Diary (the “Application”) is for general informational purposes only. All information on the Site and in the Application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or in the Application.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF- OR THE RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE OR IN THE APPLICATION. YOUR USE OF THE SITE OR THE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE OR IN THE APPLICATION IS SOLELY AT YOUR OWN RISK.
We give no guarantee regarding the up-to-dateness, accuracy, completeness or quality of the information supplied . All services are subject to change without notice and are non-binding. We reserve the right to change, add or delete any part of the Site, the Application, or the complete service without prior notice or to cease publication temporarily or permanently.
References and Links
For any direct or indirect references or external internet sites which are not the responsibility of the author, a liability obligation would only come into effect if the author is aware of their contents and it would have been technologically feasible and reasonable to avoid the use of this unlawful content. The author expressly declares that when creating the links, the corresponding linked sites were free of illegal content. The author has no influence whatsoever over the current or future design nor the content of the linked sites which were changed after the link had been created. This declaration applies to all links within the own internet service and references as well as for external entries in guest books created by the author, discussion forums and mailing lists. The supplier of the site which was referred to is solely liable for all illegal, erroneous and incomplete contents and in particular for damages resulting from the use or misuse of such offered information, not the party who referred to the publication by means of links.
Copyright and trademark rights
In all publications, the author attempts to observe all copyrights of the used graphics, sound documents, video sequences and texts, to use the author’s own graphics, sound documents, video sequences and texts or make use of graphics, sound documents, video sequences and texts in the public domain. All listed trademarks in addition to those protected by third parties are unrestricted, subject to the laws of the corresponding valid trademark rights and the rights of ownership of the corresponding listed owner. Merely naming the owner cannot lead to the conclusion cannot that such trade mark might not be protected by the rights of another party. The copyright of items published by the author himself shall remain that of the author of the sites. Any duplication or use of such graphics, sound documents, video sequences and texts in any other electronic or printed means of publication is not permitted without the prior consent of the author.
Legal Effectiveness of this Disclaimer
This disclaimer is to be regarded as part of the internet service which refers to this website and mobile application. If any parts or individual wording of this text are, not at all or any more or just in parts, not in accordance with current law, the remaining parts of the document shall remain unaffected with regards to their content and validity.
Disclaimer of other parties
In addition to the given limits of liability and/or legal declarations we refer to the fact that all contents made public on our website or in our application (including links) are subject to the legal disclaimer as phrased here.
Notice of liability
Whilst all care is taken, we cannot assume any liability at any time for the content of the linked external sites. The operating companies of these sites are solely responsible for their content.
TERMS & CONDITIONS FIDOPOLI DIARY
Last updated November 06, 2020
FIDOPOLI Diary is licensed to You (End-User) by FIDOPOLI Software GmbH, located at Einsteinring 26, Aschheim, Bavaria 85609, Germany (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore or Google Play, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that neither Apple nor Google is a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. FIDOPOLI Software GmbH, not Apple nor Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store or Google Play Terms of Service. FIDOPOLI Software GmbH acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
FIDOPOLI Diary (hereinafter: Application) is a piece of software created to Help dog breeders manage their litters and puppies. – and customized for Apple and Android mobile devices. It is used to weigh puppies and take puppy pictures.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.2 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple or Google Terms and Conditions, and with FIDOPOLI Software GmbH’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with FIDOPOLI Software GmbH’s prior written consent).
2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.6 Licensor reserves the right to modify the terms and conditions of licensing.
2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store and Google Play Overview for this licensed Application.
4.2 FIDOPOLI Software GmbH and the End-User acknowledge that neither Apple nor Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions are at this time not viewable by other users of the Application nor through third-party websites or applications. Regardless any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of FIDOPOLI Software GmbH’s sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify FIDOPOLI Software GmbH about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 30 days after discovery.
9.4 If we confirm that the Application is defective, FIDOPOLI Software GmbH reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price (if applicable) will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
FIDOPOLI Software GmbH and the End-User acknowledge that FIDOPOLI Software GmbH, and neither Apple nor Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
FIDOPOLI Software GmbH
Aschheim, Bavaria 85609
The license is valid until terminated by FIDOPOLI Software GmbH or by You. Your rights under this license will terminate automatically and without notice from FIDOPOLI Software GmbH if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
FIDOPOLI Software GmbH represents and warrants that FIDOPOLI Software GmbH will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple, Apple’s subsidiaries and Google shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
FIDOPOLI Software GmbH and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, FIDOPOLI Software GmbH, and neither Apple nor Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of Germany excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
FIDOPOLI Software GmbH (“us”, “we”, or “our”) operates http://www.fidopoli.com (the”Site”) and FIDOPOLI Puppy Diary (the “Application”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site and Application.
We use your Personal Information only for providing and improving the Site and Application. By using the Site or Application, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use
While using our Site or Application we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you.
Personally identifiable information may include, but is not limited to your name and email address (“Personal Information”).
Like many site operators, we collect information that your browser sends whenever you visit our Site or Application (“Log Data”).This Log Data may include information such as your computer’s or phone’s Internet Protocol (“IP”) address,browser type, browser version, the pages of our Site or Application that you visit, the time and date of your visit,the time spent on those pages and other statistics.In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this
Only with your consent we may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information.
Cookies are files with a small amount of data, which may include an anonymous unique identifier.Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
How do we collect your data?
You directly provide us with most of the data we collect. We collect data and process data when you:
* Register online or place an order for any of our products or services.
* Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
* Use or view our website via your browser’s cookies.
* Use the application to capture information about your Kennel (e.g. Kennel name)
How will we use your data?
we collect your data so that we can:
Process your request and manage your account.
With your consent, email you with news about our services.
With your consent, we will share your data with our partner companies so that they may offer you their products and services.
How do we store your data?
We securely store your data using secured Google and Microsoft services.
We will keep your data for up to 3 years. Once this time period has expired, we will delete your data.
We would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies.
We have no partner companies at this moment in time.
If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop us from contacting you for marketing purposes or giving your data to partners.
If you no longer wish to be contacted for marketing purposes, please contact us.
What are your data protection rights?
we would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
* The right to access – You have the right to request copies of your personal data.
* The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request completion of the information you believe is incomplete.
* The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
* The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
* The right to object to processing – You have the right to object with the processing of your personal data, under certain conditions.
* The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
FIDOPOLI Software GmbH
Phone: +49 (89) 427231-160
Local Court in Munich, Commercial Register HRB 242900
Managing Director: Michael Schmidt