The service (“Service”) offered by the Vie – Live Life Better and VHHV (HK) Limited
(known combined as “Vie” for the purposes of this document) is a cloud-based
instant app creator which enables the user to create his own apps for end-user
devices on the basis of calculations, lists and formulas or specific other contents
(“user contents”). The user can share these apps with third parties (e.g. within a
team, with customers or partners) and use them during the term of this agreement.
The service can be used via Vie - Live Life Better as a mobile application. All data is
processed and saved in Vie’s cloud, thus making it accessible for various end-user
devices.
Non-commercial use of the service is free of charge. Vie has defined various use
categories for commercial use of the service; these are described in either the Play
store for Android or Apple Store for IOS. Commercial use extending beyond the
scope of specific basic functions is only possible for a fee. The user can choose
between various use categories that are available for different fees. Depending on
the use category selected, the user has the option to make the app created using the
service available to a specific number of designated other users (e.g. employees or
business partners) or to use additional functions.

Scope of application

The use of this service is permitted exclusively in accordance with these general
terms and conditions of use (“Agreement”). By beginning the use of the service, the
user accepts the validity of this agreement in its current version. The conditions of
this agreement shall apply to all upgrades, updates, changes, and amendments to
the service (“updates”) and to all services and information available through the use
of the service unless other separate agreements which then take priority are reached
for these items. This agreement shall apply exclusively to the relationship between
Vie and the user; contradictory conditions of the user or conditions which deviate
from this agreement or the statutory provisions shall not apply, even if Vie does not
explicitly reject them.
Vie may make changes to this agreement at any time. Vie shall communicate the
amended agreement to the user with particular emphasis on the changes, allowing
for a reasonable period for objections. If the user does not object to the changes
within this period and continues to use the service after its expiration, this shall
constitute acceptance of the amended agreement. Vie shall inform the user of this
consequence when it provides notification of the amended agreement. In the event
that a user submits an objection to the amended agreement within the period for
objections, Vie can terminate the user’s use of the service.
If the service is used by companies or other legal entities, the company or legal entity
shall be represented by the user and assumes responsibility for the user’s actions
and knowledge.

This agreement between the user and Vie enters into force upon installation of a
relevant app, the first use of the service, or, at the latest, conclusion of registration
for the service.
No right to the conclusion of the agreement or use of the service shall exist. Vie can
deny any registration request or usage attempt at any time without stating reasons.
Vie’s contractual duties to perform in the case of agreed, fee-based usage shall
remain unaffected.

Registration, password

The use of the service is only possible following registration. The user must provide
specific information (contact data, name, etc.; “registration data”) and set a
password. A user account will then be set up for the user.
The user shall provide correct, up-to-date and complete registration data and
consistently keep his registration data current and complete.
The user shall keep his password secret at all times, store it safely and take all
appropriate measures in his power to prevent unauthorized access to his account.
Vie considers instructions given in the context of the use of the service under the
user’s registration data to be the user’s instructions. The user is responsible for all
activities performed using his registration data.
The user shall notify Vie without delay if he becomes aware of unauthorized use of
his registration data or suspects such use.

Ordering fee-based services

The use of the service for non-commercial purposes is free of charge. Commercial
use of the service extending beyond the scope of specific basic functions is fee-
based. If a commercial user wishes to use functions of the service beyond the scope
of its basic functions, the user must order the service in the appropriate use category
from Vie. If Vie determines that commercial usage beyond the basic functions is
occurring, Vie will inform the user of the need to place an order for fee-based
services and terminate usage beyond the scope of the basic functions. In this case,
an order must be placed with Vie according to the following procedure.
As a registered user, the user can order the desired service via the electronic order
function provided by App Store or Play Store. Having done so, the user has
submitted a binding request. The user shall receive an e-mail confirmation of the
receipt and acceptance of the order. Upon receipt of this e-mail, the contract has
been created.

Licence

​

Vie grants the user a simple, non-exclusive, non-transferable, free of charge right
limited to the term of this agreement to use the service for the purposes for which
Vie provides the service according to this agreement. The scope of use is limited to
the scope described in Vie’s price list.
The user may not use the service or the components used for its provision for
purposes of, in particular, (i) making copies, except for archival purposes or where
absolutely necessary for legitimate usage; (ii) changing or modifying it, or creating
derivative work; (iii) publishing, disclosing, selling, renting, leasing, loaning,
distributing, making it available online, sublicensing or making it accessible to a third
party without prior written consent from Vie. The user may not remove or modify
copyright notices or other references to intellectual property. Access to source
codes is not included in the licence. The user may not decompile, disassemble or
reverse engineer components of the service unless statutory provisions or this
agreement should allow otherwise.
Individual parts of the service and/or the components used for the service may be
based on open source licences which shall override the provisions of this Item 5. In
these cases, Vie will make the object code or source code available to the user on
request, provided that provision of the object code or source code is permitted in the
terms and conditions of use of the respective open source license. If it is required for
the lawful use of the service, the respective applicable open source license
conditions shall be listed here: www.openasapp.net/opensource. By using the
service, the user accepts these open source license conditions. In the case of
contradictions, these shall take precedence over this agreement.

Fees

Non-commercial use of the service and commercial use of the service with the basic
functions (use category “Business Free”) are free of charge.
The use of the service by commercial users in all other use categories requires a fee.
The price offered by Vie at the time of confirmation of the order and the fee set for
the relevant use category shall apply. The applicable VAT/Sales taxes shall apply in
addition to the fee, in domains where tax is chargeable.
Vie can change the fees for the service by means of a unilateral declaration with a
notification period of at least one month and will in such an event inform the user in
writing of there is a subscription active.
No money shall be returned after charges have been applied.
User’s responsibilities
The user can use the service to transfer user contents into an app automatically
created by the service and then make this app including its user contents available to
others. The user grants Vie an irrevocable, worldwide, free, transferable, unlimited,

and sublicensable right to use, modify, reproduce, disseminate, translate and publish
these user contents exclusively for the purpose of providing the service.

Conditions of use

If the user makes user contents available to Vie in the course of using the service
(e.g. uploads content to storage provided by Vie), the user shall in particular
guarantee that (i) the user holds the rights necessary for the provision of the service
by Vie and, if necessary, has obtained all required approvals; (ii) the use of the user
contents required for the provision of the service by Vie does not infringe any
copyrights, trademarks, patents, trade secrets or other third party rights (e.g. data
protection rights or other personal rights); (iii) the transfer of the user contents and
their contractual use by Vie for purposes of providing the service does not otherwise
violate any laws or rights; and (iv) the user contents do not contain any viruses,
trojans or other malware. In particular, the user contents shall not contain any
contents which are pornographic, glorify violence, or incite hatred against any
groups. The user shall inform Vie without delay if any indications of an infringement
of the previously described assurances should arise.
The user is responsible for user contents and other data processed using the
service. Vie is not obligated to review user contents for legal violations. However, Vie
is entitled to refuse to process user contents with the service or delete user contents
if there is reason for Vie to believe that their use violates the terms of this agreement
or constitutes violations of the law.
Vie may block access to the service for users at any time if a user violates his
responsibilities from this agreement. We may also refer the individual to authorities
if required under the law of the land.

Hyperlinks

Elements of the service or Vie website may contain hyperlinks to third party
websites. Vie does not assume responsibility for the contents of these websites and
Vie does not claim these websites and their contents as its own.
Liability for legal and material defects
Vie does not provide any warranty or guarantee that the service (i) is compatible with
the user’s hardware or software; (ii) will be completely available at all times or at any
given time; (iii) the user’s requirements or other special performance or functional
requirements which are not agreed in this agreement will be fulfilled; (iv) will not
cause any loss of data; (v) is free of viruses, malware, malfunctions or other
components which pose a security risk.
For his own protection and for the protection of the service, the User shall use
appropriate, current security measures (firewall, virus scanners, etc.).

If the user discovers a defect in the service, he shall inform Vie of the defect without
delay and describe the defect and the circumstances surrounding its discovery in the
greatest possible detail. Vie shall attempt to remedy the defect within an appropriate
period of time. The responsibility to remedy defects is limited to the service and
does not apply to the use of apps created with the service. If necessary, the user may
have to recreate the desired app using the service after Vie remedies the defect in
the service. The user (paid service) may only request an appropriate reduction of the
fee for the applicable period or terminate the contract if continued use of the service
is no longer reasonable only after two unsuccessful attempts at repairing the
service. Any further user claims in the event of defects are excluded.
No provision in this agreement excludes Vie’s liability to the user for personal injury,
intent, fraudulent misrepresentation, or other cases of mandatory liability which by
law cannot be excluded.
In cases of slight negligence resulting in a breach of material contractual
responsibilities, Vie shall only be liable for the amount of foreseeable damage typical
for the contract. A material breach of contract shall exist when the responsibility
violated is one on which the user relied and was justified in relying on.
Vie’s liability to the user for negligent breaches of contract is limited to a total of the
entire total paid in one calendar year.
The liability of Vie to the user in cases of free use of the service is completely
excluded from any value.
Indemnity
The user shall indemnify Vie, its managers, employees, and subcontractors against
all third party demands and claims as well as against all losses, damages, costs, and
expenses, including the costs of appropriate legal defence, which arise from (i) use
of the service which does not comply with the terms of this agreement or (ii)
violations of the law or third-party rights which result from user contents, the user or
persons whom the user permits to use the service, and for which the user is
responsible.

Support and updates

Vie shall offer limited product support and updates on a voluntary basis according to
its own judgment. The user is not entitled to more extensive support or updates from
Vie. Vie’s responsibility to remedy defects pursuant to terms specified remains
unaffected.

Term and termination

This agreement shall enter into force at the date specified on first purchase and shall
apply for the term ordered for fee-based usage. The agreement shall apply
indefinitely for free usage.

For fee-based use of the service, termination is only possible at the conclusion of the
term specified in the order. If the user does not terminate service, the term shall
automatically extend for the originally ordered period of time (i.e. one or twelve
months). For all contracts, termination notice will take place at the point of
termination and the user may not be able to continue to use the application for the
full term. If the user uses the free service, the agreement may be terminated by both
parties at any time, effective at the end of the ongoing month.
The right to terminate this agreement for good cause shall remain unaffected in any
case.
After terminating this agreement, the user shall permanently delete all copies of
components of the service which are still installed on devices under his control.
Continued functioning of any apps created with the service after the conclusion of
the agreement cannot be guaranteed.
Vie reserves the right to completely or partially modify, suspend or cease the service
at any time, even without prior notice. In the event of permanent cessation or
significant impairment of the service, users who use the fee-based service will be
refunded the fee for the affected period (if applicable, on a prorated basis).
Confidentiality and data protection
The user shall keep confidential all information which he learns of in the context of
this agreement and the services provided according to the agreement and which is
designated confidential or is recognizable as confidential or as a trade or business
secret due to other circumstances for an unlimited period of time and shall only use
such information for the purposes of this agreement.
Vie stores and processes personal data transmitted by the user exclusively for
purposes of providing the service and in accordance with the applicable data
protection laws. The user shall ensure that any potential transmission of personal
data to Vie (in particular as part of the user contents) occurs in accordance with the
applicable data protection laws. The Privacy Statement, is available at www.vie-
app.com/privacy

.
Vie explicitly notes that user contents that utilize cloud services provided by Vie’s
subcontractors will be saved. User contents are not stored at locations outside of
the EU and the EEA.
If Vie collects and processes users’ personal data in the context of the use of the
service, this shall be done pursuant to the data protection statement as mentioned
above.

​

Miscellaneous

If any provision of this agreement is found to be invalid or unenforceable, the validity
and enforceability of the other provisions of this agreement shall not be affected.
The invalid provision shall be replaced with the valid, enforceable provision which
comes closest to the legal and commercial purpose intended by the parties and this
provision shall apply retroactively.
Supplementary agreements shall be required to be in writing.
If statements related to this agreement are required to be in writing, written
declarations shall suffice.
The law of the Hong Kong SAR will exclusively apply under express exclusion of
conflict of law provisions. Any disputes will be handled through the Hong Kong SAR
and conducted in Hong Kong. If a change of venue is required for any reason, it will
be conducted in the United Kingdom under the laws of England and Wales.