Disclaimer of Warranties
5byfive provides the “SketShDb” application (application) “as is” and expressly disclaims all warranties, conditions or other terms, whether expressed, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. 5byfive does not warrant that the application will operate uninterrupted or error-free or that all errors of the application will be remedied. The application has many functions. It works like a construction kit with which very different functions can be implemented. Nevertheless, 5byfive does not warrant that the application is able to technically implement your desired function. In addition, 5byfive does not warrant that the application or any equipment, system or network on which the application is used will be free of vulnerability to intrusion or attack.
If you discover errors or note that the application is unfunctionally at all, before calling in a third party, you are obliged to contact the service offered by 5byfive first. 5byfive will fix the errors as far as possible (e.g. by providing an improved version of the app or in individual cases by individual support). The other provisions of this clause shall apply if repair is not possible.
Limitations and Exclusions of Liability
In no event 5byfive will be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the application or otherwise, the provision of or failure to provide support or other services or information, even if a party been advised of the possibility of such damages or futile expenses: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; (c) loss of revenue, profits, confidential, goodwill or anticipated sales or savings; (d) loss of personal injury, privacy (e) and any other pecuniary or other loss whatsoever.
In this context, it is explicitly pointed out that you are responsible for the backups of your data yourself. All liability of 5byfive, its officers, directors, employees, agents, suppliers and licensors collectively, to you, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by you to the App Store or alternatively EUR 10,00 - whichever is the lower. This limitation of liability for the application is cumulative and not per incident.
You are obliged not to use the application for purposes with a high damage potential, to violate applicable law or to violate third-party rights. 5byfive is not liable for damages resulting from the specific use of the application. This applies in case in which you use the application contrary to this prohibition.
Nothing in this agreement limits or excludes any liability that cannot be limited or excluded under applicable law. Nevertheless, the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Statute of Limitations
Claims based on defects in the application or unsatisfactory services become time-barred after 12 months – in case they are not excluded anyway. If a shorter period of limitation applies by law, this period is applicable. Statute of limitation shall start with delivery of the application.
If you as a user have suggestions for desirable changes to the application, 5byfive would be happy to receive your feedback. This may allow us to take your wishes into account in the application’s later versions.