Terms and Conditions

Mobile Build Manager App

These Terms and Conditions govern the use of the “Mobile Build Manager” app (hereinafter referred to as "App") by registered users (hereinafter “Users”) of MobileBuild Manager GmbH, represented by Ferit Mezini, Eversand 11, 28259 Bremen, Germany (hereinafter “Provider”).

The app supports construction and craft businesses as well as project-based entrepreneurs in efficiently organizing their daily operations.

Only entrepreneurs as defined in § 14 of the German Civil Code (BGB) may use the app.

By using the app, the user agrees to these Terms and Conditions.

§1 Acknowledgement

The User acknowledges and agrees that:

(a) These Terms and Conditions constitute an agreement between the User and MobileBuild Manager GmbH (“Provider”) only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”).

(b) The Provider, not Apple or Google, is solely responsible for the App and its content.

(c) These Terms and Conditions do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions or Google Play Terms of Service as of the date of acceptance.

§2 Description of the App and Its Features

The app is a specialized mobile application designed to support construction and craft businesses as well as project-based companies in efficiently organizing their daily operations.

The app offers the following features:

Time tracking with break management
Cost and budget management
File management
Employee management
Customer management
Reports and analytics
Permit management

The app features a user-friendly interface and can be flexibly integrated into existing business processes. It supports iOS, Android, and Windows devices.

§3 Registration and Use

The use of the app requires user registration, which is free of charge.

The user must complete all required fields correctly, including payment method information. The user must provide complete and truthful information and update it when changes occur.

The provider reserves the right to reject registrations or block user accounts if there are justified doubts about the accuracy of the data, misuse, or outstanding payments.

A stable internet connection is required to download and use the app. This is the user's responsibility. Prior consent to grant access rights is also necessary. Use is not possible without this consent.

The provider may modify, develop, and improve the app technically and in content at any time in a reasonable manner.

§4 Contract Duration and Termination

The app offers a free 14-day trial period.

After the trial, no automatic transition to a paid subscription occurs. Users decide independently whether to continue.

Pricing models:

Company License: €24.99/month, includes 10 employees, 15 GB storage, unlimited projects, tasks, and customers
Employee Extension: €10/month for 5 additional employees
Storage Extension: €10/month for 10 GB additional storage

The contract is indefinite and can be terminated monthly. Termination may be done via the app or by email.

§5 Scope of License

The license granted to the User for the App is limited to a non-exclusive, non-transferable license to use the App for the duration of installation.

For Apple devices: The User may use the App on any Apple-branded products that the User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing programs.

For Android devices: The User may use the App on any Android devices that the User owns or controls, as permitted by the Google Play Terms of Service.

Content use is limited to agreed usage periods and ends with subscription expiry.

Reverse engineering or modification of the app is prohibited unless permitted by law (§ 69a ff. UrhG).

§6 Special Requirements for Use

The following technical requirements apply:

Compatible devices (smartphones, tablets, PCs)
OS: iOS, Android, or Windows
64-bit system architecture
The app is linked to a company profile
Stable internet connection is recommended for sync, reporting, and real-time features

§7 Prohibition of Misuse

Users must not use the app for unlawful purposes. They must not violate third-party rights.

In case of third-party claims due to user violations, the user indemnifies the provider from all claims, including legal costs.

§8 Payment Processing

In-app purchases are processed through the respective app store. Users can only use supported payment methods. The provider does not have access to payment data and is not liable for payment security.

Refunds must be requested from the app store provider, and their terms apply.

Price changes may occur with prior notice. If the user disagrees, they may terminate the contract per §4.

Access may be blocked temporarily in case of payment issues until resolved.

The provider is not liable for additional fees from the app store or payment provider.

§9 Maintenance and Support

The Provider is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms and Conditions or as required under applicable law.

The User acknowledges that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

For support inquiries, please contact the Provider using the contact information in §15.

§10 Warranty

The Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.

For Apple App Store Users: In the event of any failure of the App to conform to any applicable warranty:

(a) The User may notify Apple, and Apple will refund the purchase price for the App to the User (if applicable).

(b) To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.

(c) Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of the Provider.

§11 Liability and Product Claims

The provider is liable for intent and gross negligence. For slight negligence, liability is limited to essential contractual obligations.

Liability is limited to foreseeable, typical damages unless involving injury or under product liability law.

The provider is not liable for data loss unless proper backups were regularly performed.

Claims expire within the statutory limitation period unless otherwise agreed.

Product Claims: The User acknowledges that the Provider, not Apple or Google, is responsible for addressing any claims of the User or any third party relating to the App or the User's possession and/or use of the App, including but not limited to:

(a) Product liability claims;

(b) Any claim that the App fails to conform to any applicable legal or regulatory requirement;

(c) Claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit, HomeKit, or similar frameworks (if applicable).

§12 Intellectual Property Rights

The provider reserves all rights, especially copyrights and trademark rights, related to the app and its content.

In the event of any third-party claim that the App or the User's possession and use of the App infringes that third party's intellectual property rights, the Provider, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

§13 Legal Compliance and Export Restrictions

The User represents and warrants that:

(a) The User is 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;

(b) The User is not listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

§14 Third-Party Terms of Agreement

When using the App, the User must comply with all applicable third-party terms of agreement. This includes, but is not limited to:

(a) The User's wireless data service agreement with their mobile carrier;

(b) Any terms governing third-party services integrated with the App;

The User is solely responsible for any fees or charges incurred through the use of third-party services or network connections.

§15 Contact Information

For any questions, complaints, or claims with respect to the App, please contact:

MobileBuild Manager GmbH
Represented by: Ferit Mezini
Address: Am sodenmatt 41 a, 28259 Bremen, Germany
Email: [email protected]

§16 Data Protection

Personal data is collected, processed, and used according to legal provisions and the privacy policy.

Data is shared with third parties only when required or with user consent. Full policy at https://mobilebuild.de/datenschutz

§17 Third-Party Beneficiary (Apple App Store)

The User acknowledges and agrees that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions. Upon the User's acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against the User as a third-party beneficiary thereof.

§18 Final Provisions

German law applies, excluding UN sales law.

If the user is a merchant or public law entity, the provider's registered office is the exclusive place of jurisdiction.

If any provision is invalid, the remainder remains unaffected. Legal provisions replace invalid terms.