Terms of Service

1. About Us

Malupp GmbH is a limited liability company incorporated under Swiss law (CHE registration), with its registered office at Eystrasse 52, 3427 Utzenstorf, Switzerland. We design and develop iOS, Android, and web applications for consumers and businesses. You can reach us at [email protected].

2. Scope of Services

Our Services include, but are not limited to:

• Mobile applications distributed through the Apple App Store and Google Play Store;
• Web applications and websites accessible via browser;
• Associated content, features, and functionality made available within those products.

Each individual app or service may have its own supplemental terms presented at the point of download or sign-up. Supplemental terms take precedence over these general Terms for the scope they cover.

3. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18, you confirm that you have obtained parental or guardian consent. By using our Services, you represent that you meet these eligibility requirements.

4. User Accounts

Some Services require you to create an account. You are responsible for:

• Providing accurate, current, and complete information during registration;
• Keeping your login credentials confidential;
• All activity that occurs under your account.

You must notify us immediately at [email protected] if you suspect unauthorised access to your account. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Acceptable Use

You agree not to use our Services to:

• Violate any applicable law or regulation;
• Infringe the intellectual property rights of Malupp GmbH or any third party;
• Transmit harmful, unlawful, harassing, defamatory, or fraudulent content;
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of our applications;
• Use automated means (bots, scrapers, crawlers) to access our Services without prior written permission;
• Interfere with or disrupt the integrity or performance of our Services or servers;
• Circumvent any security or access-control mechanism.

6. Intellectual Property

All content, design, software, code, graphics, logos, and trade marks within our Services are the exclusive property of Malupp GmbH or its licensors and are protected by Swiss and international intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use our Services for personal, non-commercial purposes in accordance with these Terms. No other rights are granted.

You retain ownership of any content you create and upload to our Services ("User Content"). By uploading User Content, you grant Malupp GmbH a worldwide, royalty-free licence to store, process, and display that content solely as required to provide the Service to you.

7. In-App Purchases and Subscriptions

Some Services offer paid features, subscriptions, or in-app purchases. All purchases are processed by the relevant platform provider (Apple App Store or Google Play Store) in accordance with their own terms and refund policies. Malupp GmbH does not handle payment data directly. Subscription fees are billed in advance on the stated billing cycle. You may cancel a subscription at any time through your platform account settings; cancellation takes effect at the end of the current billing period.

8. Third-Party Services

Our Services may integrate with or link to third-party platforms, APIs, or services. We are not responsible for the content, availability, or practices of any third party. Your use of third-party services is subject to their own terms and privacy policies.

9. Disclaimer of Warranties

To the maximum extent permitted by applicable law, our Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

To the maximum extent permitted by Swiss law, Malupp GmbH, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill arising out of or in connection with these Terms or your use of the Services, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising under or related to these Terms shall not exceed the greater of (a) the amounts you paid to us in the twelve months preceding the claim, or (b) CHF 100.

Nothing in these Terms excludes or limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded under Swiss mandatory law.

11. Indemnification

You agree to indemnify and hold harmless Malupp GmbH and its affiliates, officers, agents, and employees from any claim, demand, loss, or expense (including reasonable legal fees) arising from your violation of these Terms, your User Content, or your infringement of any third-party right.

12. Modifications to Services and Terms

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice. We may also update these Terms from time to time. Material changes will be communicated via in-app notification or email where practicable. Continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes.

13. Termination

We may suspend or terminate your access to the Services at our discretion if you breach these Terms or if required by law. You may discontinue use of the Services at any time. Upon termination, provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and governing law) will remain in effect.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with Swiss law, excluding its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Any dispute arising from or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of the Canton of Bern, Switzerland. If you are a consumer resident in the European Union, you retain the right to bring proceedings in the courts of your country of residence.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

16. Contact

For questions about these Terms, please contact us:

Malupp GmbH
Eystrasse 52
3427 Utzenstorf
Switzerland
[email protected]