The following terms of service apply as of February 11, 2025.
"App Store Metadata API" is a (cloud-)service of kula app GmbH (short kula), FN 584452 p, Taubstummengasse 11, in 1040 Vienna, Austria, with a web client and application interface endpoint (hereinafter referred to as "ASM API") available at https://app-store-metadata-api.kula.app. The purpose of the ASM API is to provide a stable and reliable interface to public metadata about apps in the Apple App Store.
Before displaying the full legal terms of service, here is a legally non-binding summary at your convenience:
GENERAL INFORMATION OBLIGATIONS ("ALLGEMEINE INFORMATIONSPFLICHTEN")
In accordance with the Consumer Protection Act ("Konsumentenschutzgesetz, KSchG") and the Distance and Off-Premises Contracts Act ("Fern- und Auswärtsgeschäfte-Gesetz, FAGG"), kula hereby provides the user with the following information, to the extent possible within these Terms of Service:
Essential characteristics of the service: It authorizes a person or organization to use the API and web application.
The contracting party is kula.
Total price/costs: The stated prices include all taxes and fees.
Remote communication costs ("Kosten Fernkommunikation"): User's standard rate (no premium rates).
Payment terms: Immediate online payment via payment provider.
Right of withdrawal: Due to the provision of digital content (and downloads), the right of withdrawal expires because kula has begun contract fulfillment. The user therefore expressly agrees to the commencement of contract fulfillment before the expiry of the withdrawal period and confirms acknowledgment that the user loses the right of withdrawal due to the early commencement of contract fulfillment. A confirmation of the contract will be provided.
Warranty rights: According to § 922 ff ABGB (Austrian Civil Code).
SCOPE AND CONSENT ("GELTUNGSBEREICH UND ZUSTIMMUNG")
By using the service, the user agrees to having read and understood the following terms of use (short: ToS) and commits to using the service only within the framework of these ToS.
The user's terms and conditions do not apply and are only valid if kula expressly agrees to them in written form.
These ToS apply to all electronic orders sent to kula and also to the use of the service.
The service has various functions and is acquired by the user based on these functions or for their use.
kula reserves the right to extend, offer new functions within the framework of updates and, if necessary, temporarily or permanently remove individual functions at any time without prior notice.
These ToS apply to the purchase, rental and use of the service in its respective current version.
The prices for the usage variants in the respective version are also part of the contract and remain unaffected. These are available at app-store-metadata-api.kula.app.
kula reserves the right to make changes to these ToS without prior notice. In case of such a change, you will be informed by email and can revoke the change within the given period. kula reserves the right to inform the user at the next use of the service and request consent. The changed ToS apply from this point in time or after expiry of the withdrawal period for future use.
If the user does not agree to a change to the ToS, further use of the service as a registered user is no longer possible.
The ASM API is "property" of kula and the user acquires no property rights in it, but a time-limited, non-exclusive and non-transferable work use authorization in the sense of the Austrian Copyright Act.
USE OF THE SERVICE
The user's right to use the service includes (i) making API calls for purposes of their organization through their issued API keys as well as (ii) use by all persons in an employment or other contractual relationship with the customer (iii) as well as use by third parties with authorized access to the API keys.
A reproduction, decompilation or duplication of the technical and digital processes used in the service is not permitted for private or commercial use.
The user is not allowed to remove, modify or make the copyright notices, serial numbers or other identifying indications of the service public or unreadable.
Should kula grant the user third-party software for use, the granted usage rights to the user are limited to the extent that the third party has granted kula. In this case, kula is obliged to disclose the extent of the usage rights granted to the user by the third party to the customer on request.
kula is obliged to take all technical measures necessary to ensure the highest possible availability level. However, kula is not liable for any technical issues or interruptions.
CONTRACT CONCLUSION
Generally, access to the API service and web dashboard is available in several pricing tiers, with features and usage limits varying between tiers. The free tier provides basic API access and dashboard functionality, while paid tiers offer increased API rate limits, additional endpoints, and enhanced capabilities. Usage limitations (e.g. number of API requests per month, data storage quotas) can be expanded through paid add-ons. These add-ons are billed either as one-time purchases or as recurring charges until cancelled. Technical support is included at different levels depending on the chosen tier and can be upgraded through support add-on packages.
kula reserves the right to offer discounts, individual contract packages and special prices for implementation under certain circumstances.
The services offered by kula in the service and on app-store-metadata-api.kula.app are free of charge and a non-binding invitation to the user to make a binding offer for the services offered. By ordering, the user makes such a binding offer.
With registration and clicking the button "now paid order / purchase / for xx € purchase" during the ordering process, all in all, a valid contract comes into existence between you and kula. Your customer and contract data, as well as information about the campaign for which a registration takes place, are stored for invoicing and subscription contract registration.
Furthermore, kula is entitled to refuse the offer in justified cases. These reasons include, in particular, technical reasons (e.g. non-availability of services/bandwidth at the user's location), economic reasons and reasons that would justify a contract termination or block for kula.
Digital content in the sense of these ToS are all non-physical carrier content (data and access) that we provide you under the granted usage rights and/or in accordance with the license conditions specified in the respective article description.
If you purchase digital content from us, we owe you exclusively
access to the API and web application through appropriate authentication credentials
the assignment of API keys with which you can access the service; and
the granting of the contractually agreed usage rights.
You acquire no further rights, in particular no property rights in the digital content, with the exception of the usage rights granted to you.
PRICES, PAYMENT CONDITIONS
The stated prices in the respective version apply in euros and include all taxes. The stated amounts apply at the time of ordering. We will inform you again about the prices and taxes in the order summary before the order is completed.
We use Stripe as a payment method. Under https://stripe.com/at/privacy you will find all details about the data protection regulations associated with it. These terms and conditions apply to the provider. kula reserves the right to switch the payment provider at any time.
If we do not agree otherwise, the invoice amount is due for payment at the time of ordering. In case of default, we are entitled to claim statutory default interest.
If you choose Stripe as the payment method, we hereby declare that we will accept your offer at that time by clicking on the order button and thereby issuing the payment order to Stripe.
We expressly point out that by receiving data packets, costs may arise that depend on the conditions of your mobile network provider. Please inform yourself at your mobile network provider about the possible costs that may arise when downloading data via the mobile network (also roaming fees).
When the subscription is switched by the customer or kula, the previously paid amount of the current period is credited to the customer and taken into account at the next billing.
CONTRACT DURATION, CONTRACT TERMINATION
The contractual relationship and the individual agreements concluded on this basis will be concluded for an indefinite period unless otherwise agreed.
Generally, the services will be subscribed to on a monthly basis depending on the user.
Individual users subscribe to the service on an annual basis via web purchases.
The contractual relationship can be terminated by either party at the end of each calendar month or at the end of the year unless otherwise agreed upon, with a notice period of one month without giving reasons in writing or via the user account in the service. The termination leads to a termination of all individual agreements concluded on this basis, which are to be assessed according to the terms and deadlines set forth there.
The termination of an individual agreement is subject to the terms and deadlines set forth there. It does not affect the existence of further individual agreements and the contractual relationship.
If a minimum contract duration (contract binding) is agreed between the parties, then the user must pay a residual amount for the time between the termination of the contractual relationship and the end of the minimum contract duration, unless the contractual relationship has been terminated for reasons attributable to kula alone.
The parties are entitled to terminate the contract and/or the individual agreements concluded on this basis without regard to deadlines and terms for the following important reasons:
The customer with payment obligations from the contractual relationship in the amount of at least two monthly installments in default and under the setting of a reasonable reminder period of two weeks and under the threat of contract termination has not been successful in being reminded.
If over the assets of the contracting party a bankruptcy proceeding has been opened or an application for opening such a proceeding has been refused due to lack of covering assets or the conditions for opening such a proceeding or the refusal of such an application have arisen.
A contracting party, for whatever reason, is either insolvent or not in a position to fulfill the essential provisions of this contract.
If the contracting party violates the essential provisions of this contract.
Other reasons that would justify a special termination of the contract and/or individual agreements by kula lie ahead if the conditions are met that would justify a block for kula. The customer takes note that kula is entitled to delete the data stored and maintained in the execution of the contract at the end of the termination of the contractual relationship. It is the responsibility of the user to secure his data in good time before the end of the contractual relationship.
After termination of this contract, the customer is obliged to cease further use of the service as well as any documentation (in any form).
PERFORMANCES
kula provides the user with the service for the duration of this contract per (cloud-)transmission over the Internet for entailed use. All other usage and exploitation rights and copyrights and other commercial protection rights in the service as well as the corresponding user documentation are solely kula's property.
The scope of functions of the service lies entirely at kula's discretion in its expansion and adaptation.
kula provides the user with applications and storage space on computers via a cloud for use over the Internet for the purpose of application service provision (Application Service Providing). The applications are executed on rented computers by kula and use the storage space available thereon. The customer accesses the service via the web interface and API.
kula is entitled to temporarily or partially suspend or terminate the performance and/or the contractually agreed services if and to the extent this is necessary for the resolution or prevention of disturbances, defense against attacks on the network infrastructure or for carrying out necessary work.
The user takes note that kula must restrict the data traffic in the event of a legal or judicial order or must completely block it. In this case, kula does not have an unconditional obligation to data traffic. The same applies in cases where kula would otherwise expose itself to legal consequences.
kula informs the user that in the event of an individual development of new features in the service, these can also be made available to other users, so that no exclusive usage right exists for the user.
INPUT OF DATA
The user is entitled to enter data into the service, which is stored in this. The user is solely responsible for the copyright and data protection lawfulness of the data entered by him and holds kula harmless in this regard.
USE OF DATA
The user is obliged to keep his access data (username/email and password) and API keys secret and protect them from unauthorized access. If the user suspects that third parties are using his access data or API keys, he must immediately report this to kula and change the credentials.
The customer is also not entitled to provide access to the service to third parties for payment or free of charge and to structure his obligations to third parties in such a way that an uncompensated use of the contractually related service is excluded unless it is about a recognized, kula-authorized user group.
LINKS AND CONTENT
Should kula enable access to Online Services of Third Parties on its platform via links, kula is not responsible for the foreign content contained therein. kula does not take over the linked content.
Should kula grant the user the opportunity to publish his content, e.g. in a forum, to upload, the following provisions apply:
The content uploaded by the user (e.g. comments, images, video) may be available to all users. kula is unable to exercise direct control over the content and therefore assumes no responsibility for the content, its correctness and form. The user is responsible for his content.
The user grants kula a time- and location-unrestricted, transferable and non-exclusive work use authorization on his uploaded content. kula is not obliged to make the content accessible and can reject content from users at any time, publish it on another platform, shorten it or delete it.
The user guarantees kula that he will not upload content whose provision, publication or use violates applicable law or infringes the rights of third parties. Explicitly prohibited is the setting of racist, pornographic, degrading, insulting and offensive contributions. The user guarantees in particular that no rights (in particular copyrights) of third parties are infringed by the uploaded content.
The user is obliged to hold kula and its fulfillment helpers harmless for all claims arising from such content and to pay full compensation for the incurred disadvantages; this also includes the costs of a necessary and expedient defense action.
Should a third party claim to have been infringed by the content, kula is entitled to disclose the contact data stored by the user.
ASSIGNMENT OF USAGE RIGHTS IN DIGITAL CONTENT
Should nothing in the respective service description contradict this, kula grants the user with full payment of the consideration a non-exclusive, location-unrestricted and time-limited right to use the acquired digital content for private as well as for commercial purposes. This right is not transferable to third parties.
Any further use is prohibited. In particular, the user may not reproduce, modify, distribute, perform or present the acquired digital content in any way without the express consent of the copyright holders or legal exception.
The assignment of the acquired digital content to third parties or the production of copies for third parties is prohibited to you unless absolutely prohibited by law.
JUSTICE FOR MINORS
By placing an order for digital content that is not suitable for minors according to the age recommendation in the product description (e.g. FSK- or USK-18 articles), you declare that the corresponding minimum age has been reached. You are responsible for ensuring that the digital content acquired from us is only accessible to minors and young people in accordance with the age recommendation.`,
OTHER COPYRIGHT RIGHTS
The service, the user interface and the components (photos, videos, graphics, etc.) and other services and offers are protected by copyright. The copyright covers the program code, the documentation, the appearance, the structure and organization of the program, all program names and all logos.`,
CONFIDENTIALITY
The contracting parties are obliged to keep all business and operational matters known to them due to this contract strictly confidential. The contracting parties secure each other mutually to handle all information related to the fulfillment of this contract strictly confidential even after the expiry of the contract.
The contracting parties are obliged to bind all employees, employees and all other persons who are used for the fulfillment of this contract or who have otherwise gained knowledge of this to the extent necessary.
WARRANTY, LIABILITY
If the user uses the services of kula incorrectly or uses them improperly, the user is liable to kula for damages incurred. Furthermore, the user may be excluded from using these services permanently.
Adjustments, additions and changes to the service as well as measures taken for the detection and correction of malfunctioning functions may only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary due to technical reasons.
We cannot guarantee uninterrupted availability of the offered online services because the necessary technical prerequisites for internet services and telecommunications lie outside our area of influence. We therefore assume no liability, guarantee or warranty if the online services are temporarily not available. The same applies to necessary maintenance periods.
kula assumes no liability for the completeness, conflict-free, correctness and currentness of third-party provided information content (e.g. links to third-party websites).
kula is obliged to make the service accessible to the user and to obtain them via a data network and to use them. For this purpose, kula stores the service on a server, which is accessible to the user via the Internet.
kula guarantees that the service corresponds to the generally expected specifications and is suitable for trouble-free use and guarantees the functionality and operational readiness of the service for the duration of the contract.
Should kula not comply with this obligation within a reasonable period of time, the customer may request a corresponding reduction in the fee or may terminate the contract in the event of a significant deviation or malfunction from the contract.
kula is obliged to remedy defects in the service immediately. In the case of defect correction, kula is to make every effort to ensure that no interruption of the connection between the server of kula and the user occurs.
Should a malfunction or deviation arise from kula not attributable reasons, such as improper handling, use of unsuitable hardware or operating errors, are excluded warranty claims of the customer.
It is noted that kula is not liable for the functionality of the network to its server, in case of power outages and in case of server outages not in its area of influence.
kula is not liable for the content provided by the contracting party. In particular, kula is not obliged to check the content for possible legal violations. Should third parties claim kula in connection with possible legal violations arising from the content of the internet presentation, the customer is obliged to release kula from any liability and kula is to reimburse all costs incurred by it due to the possible legal violation.
kula guarantees that the service is free of (protection) rights of third parties that would oppose a free and unrestricted use by the user and holds the user harmless for claims of third parties arising from such a use.
kula is liable only for damages caused intentionally or grossly negligently. A liability for slight negligence or lost profit is excluded within the legally permissible scope. Furthermore, kula assumes no liability for partial defects or indirect damages such as data loss.
Should changes in legal regulations, technical or scientific knowledge, which are essential for the functionality of the service with regard to the purposes for which users of the service typically pursue these during their use, and which are significant, kula is obliged to make corresponding adaptations of the service immediately upon becoming aware of the change due to an application of due diligence.
The selection of the service to be adapted is entirely kula's responsibility.
In the event of delivery or performance hindrances that kula is to represent, the user is entitled to terminate the contract (from the individual contract) for the affected performance if kula does not eliminate the hindrance within a customer-settable reasonable period of time, which must be at least two weeks.
If kula cannot provide the performance due to reasons attributable to the user, kula is entitled to terminate the contract (from the individual contract) for the affected performance if the user does not eliminate the hindrance within a customer-settable reasonable period of time, which must be at least two weeks.
CONSUMER COMPLAINT PROCEDURE
From the named dispute resolution bodies in the Alternative Dispute Resolution Act (ADR Act), the Internet Ombudsman as well as the consumer dispute resolution body in consideration: Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, www.ombudsmann.at. Consumer dispute resolution body, Mariahilfer Straße 103, Stiege 1, Top 18, Vienna, 1060, www.verbraucherschlichtung.at. For settling disputes with kula, the online dispute resolution platform of the European Commission can also be used: http://ec.europa.eu/consumers/odr/.
CONCLUSORY PROVISIONS
Austrian law applies with the exception of the reference norms of international private law and the UN Sales Law.
The court with jurisdiction is the court with seat at kula. In the case of consumers within the meaning of the KSchG, the provisions of § 14 KSchG apply.
Should individual provisions of these ToS be ineffective or become void, this does not affect the effectiveness of the remaining provisions.
Through this contract, the contractual relationships between the contracting parties are finally regulated. In the event of any agreements concluded in connection with this contract, these shall lose their effectiveness with the completion of the present contract.
The language of the contract is English.
For comments and complaints regarding these Terms of Service, please send us an email at legal@kula.app.
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