Terms of Use for the Trial Period of myApps Go!

§ 1 General Provisions

1.1. The provider of the trial period is innovaphone AG, Umberto-Nobile-Straße 15, 71063 Sindelfingen (hereinafter referred to as "innovaphone"). 

1.2. The trial period is directed exclusively at business customers within the meaning of Section 14 of the German Civil Code (BGB). Consumers are excluded from use. The user may only register using their business email address uniquely assigned to them.

1.3. The trial period is not functionally restricted. All features and functionalities can be used to their full extent.

§ 2 Subject Matter of the Contract, Registration, and Term

2.1. The user shall be given the opportunity to test the platform myApps, including the respective installed business apps (hereinafter collectively referred to as "myApps"), free of charge for a trial period specified by innovaphone – typically 7 days.

2.2. The trial period shall commence upon the provision of the access data by innovaphone.

2.3. Upon expiration of the trial period, the trial period shall end automatically without requiring any notice of termination. There shall be no automatic renewal into a paid subscription.

2.4. innovaphone shall be entitled to extend the trial period at its sole discretion. The remaining term displayed in the system or the program shall be authoritative for the duration of the trial use.

2.5. Registration
a) Registration shall be carried out per user and requires the provision of a business email address uniquely assigned to the user, as well as a username.

b) Following registration, the user shall receive a confirmation email to verify their data. The registration process shall only be completed upon clicking on the link contained within the confirmation email.

c) The user account may only be used by the registered user themselves. As the account holder, the user shall be responsible for protecting the account against misuse. Access data must be protected against access by third parties.

§ 3 Intellectual Property Rights

3.1. innovaphone hereby grants the user, for the duration of the trial period, a non-exclusive, non-transferable right, limited to said period, to access myApps via the provided access data, and to use the platform.

3.2.All intellectual property rights to myApps, including all extensions or modifications, shall remain exclusively with innovaphone. Any use exceeding the rights expressly granted under these terms shall not be permitted.

3.3. Separate agreements (e.g., software rental agreement along with special provisions) shall apply to any rights extending beyond this scope regarding innovaphone software products.

3.4. Upon expiration of the seven-day trial period, the user’s access to the workspace shall remain active. However, the use of the products provided during the trial phase (specifically the apps) shall be restricted or discontinued.

3.5. As a rule, the user account shall remain active for an additional period of 30 days. innovaphone reserves the right to delete the user account at an earlier date. The data and content stored during the course of use shall be deleted upon expiration of this period, unless statutory retention obligations or legitimate interests exist that justify longer storage. However, the data shall be deleted no later than upon the deletion of the user account. A transfer of data and content into productive operation shall not be possible.

3.6. The contact data provided during registration, specifically the email address, may be stored and used beyond this period to the extent necessary for the implementation of pre-contractual measures, to safeguard legitimate interests, or to the extent permitted by law for contact purposes.

3.7. The user may register with a password at any time, particularly at the very beginning of use. In this case, a regular user account shall be created, and the use shall take place directly in productive operation. Data and content stored during a prior trial phase shall be transferred into productive operation.

§ 4 Responsibilities of the User

1.The user may only use the trial period in accordance with applicable law and these terms of use.

2. In particular, the user is obligated not to post any illegal content or infringe upon the rights of third parties.

3. Access data must be treated confidentially and may not be disclosed to third parties.

§ 5 Limitation of Liability

1. innovaphone shall be liable without limitation only for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

2. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract.

3. In all other respects, liability shall be excluded. To the maximum extent permitted by applicable law, the use of the software shall be at the user’s own risk.

4. The mandatory provisions of the German Product Liability Act ("Produkthaftungsgesetz") shall remain unaffected.

§ 6 Contact Authorization and Data Processing

1. innovaphone shall be entitled to contact the user during and after the trial period via email or telephone (if provided) for the purposes of safeguarding operations, ensuring user satisfaction, and for promotional purposes.

2. Further details regarding data processing can be found in the Transparency Notice and Supplemental Privacy Notice of innovaphone.

§ 7 Termination of the Trial Period

1. innovaphone provides the trial period free of charge and on a voluntary basis. This shall not entitle the user to the provision of the service, a specific level of availability, specific functionalities, or the continuation of the trial period.

2. innovaphone shall be entitled to terminate the trial period at any time, including prior to the expiration of the trial period specified by innovaphone, in whole or in part, and without providing any reasons.

3. The user may also terminate their participation in the trial period at any time without providing any reasons.

4. Upon termination of the trial use, section 3(4) shall apply accordingly.

§ 8 Final Provisions

1. The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. The exclusive place of jurisdiction shall be Sindelfingen.

3. Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

4. In all other respects, the General Terms and Conditions of innovaphone shall apply.