Terms of Service

§1 Scope and Provider

These Terms of Service (ToS) apply to the use of the BLOCQ App (hereinafter "App") and the BLOCQ Publishing Service (hereinafter "Service").

Provider is Florian Zandberg, Am Bahnhof 8A, 21739 Dollern, Germany (hereinafter "BLOCQ" or "we").

By using the App or Service, you accept these Terms of Service.

§2 Subject of Contract

BLOCQ is an AppBuilder - an application for creating your own native iOS and Android apps without programming knowledge.

The App enables:

• Modular design of a mobile app
• Visual configuration of design and features
• Optional publishing to app stores via our Publishing Service

The App is available for free in the App Store. Using commercial modules and publishing your app requires a paid Business License (one-time purchase). For ongoing code updates, you may optionally subscribe to a maintenance plan or purchase individual updates.

§3 Usage Rights and License

We grant you a non-exclusive, non-transferable, revocable right to use the App for its intended purpose.

You may not:

• Decompile, reverse engineer, or extract the source code
• Modify, copy, or create derivative works
• Commercially resell or sublicense
• Use for illegal purposes or contrary to these ToS

§4 No User Accounts

BLOCQ does not create user accounts. No registration is required.

Your app configuration is stored locally on your device.

When using Firebase modules, you connect your own Firebase instance.

§5 Tiers, In-App Purchases and Subscriptions

BLOCQ distinguishes between a free Private Tier for non-commercial use and a paid Business Tier. Which tier applies to you depends on which modules you activate and whether you wish to publish your app to the App Store or Google Play Store.

Private Tier (free)

• Configuration of the app in Edit Mode, activation of all non-commercial modules (e.g. Chat, Feed, Wiki, FAQ), unlimited customization of design, texts and content — free forever.
• Publishing your app to the App Store and Google Play Store — free forever.
• One free code update per quarter (Q1 = Jan 1 – Mar 31, Q2 = Apr 1 – Jun 30, Q3 = Jul 1 – Sep 30, Q4 = Oct 1 – Dec 31). Unused quarterly quota expires automatically at the end of each quarter and does not roll over.

A Business License is required as soon as you wish to activate a commercial module (in particular Shop, Orders, Payments, Membership with paid tier, Coupons with sales reference, In-App Purchase module or the Pricing module). The Business License is purchased once per Bundle-ID and is valid indefinitely. The price depends on the pricing phase at the time of purchase:

Business License (one-time purchase, per Bundle-ID)

• Founders Edition: €290 (limited to the first 20 buyers)
• Public Pricing: €490 (standard after Founders seats are sold out, up to 120 active Business Licenses)
• Mature Pricing: €590 (from 120 active Business Licenses onward)
• The Business License is a one-time purchase (economically of non-consumable nature, technically processed as a consumable). It is valid per Bundle-ID and non-transferable. If you wish to publish a second app, a separate license purchase is required.

Maintenance Subscription (optional)

• Maintenance Founders: €49 per year (lifetime rate for buyers of the Founders Edition)
• Maintenance Public/Mature: €99 per year
• With an active Maintenance Subscription you receive unlimited code updates and priority support during the subscription term. The subscription has a term of 12 months and renews automatically for another 12 months unless cancelled at least 24 hours before expiry via the subscription management of the App Store.
• Cancellation is done exclusively through the subscription management of the respective App Store (Apple: Settings → Apple ID → Subscriptions / Google: Play Store → Payments & subscriptions). After cancellation, you may continue to request updates until the end of the paid period.

Single Update (optional)

• Single Code Update: €19 one-time — an additional code update to the current BLOCQ version if you do not have a maintenance subscription and your quarterly free update has already been used.
• Forced-update fixes (Apple or Google reject fixes) are free of charge and do not count against the quarterly quota — regardless of whether you have a maintenance subscription or not.

All purchases are processed exclusively through the respective App Store (Apple App Store or Google Play Store). The order-triggering and contract-binding act is the confirmation in the Apple or Google order sheet (Face ID/Touch ID/password). Only there is the purchase finalized.

The payment terms of the respective App Store apply. Refunds are handled according to Apple or Google policies. BLOCQ is notified of refunds via Apple Server-to-Server Notifications and Google Real-Time Developer Notifications and adjusts the license/subscription status accordingly.

Prices are end-prices including statutory VAT (where applicable). Price changes for future purchases will be communicated on this website at least 30 days in advance. Existing purchases are not affected by price changes.

§5a Blocking of the App and License

BLOCQ reserves the right to technically restrict or block use of the App or individual features if a material reason exists. Blocking occurs in one of the three stages described below.

Grounds for Blocking

A material reason exists in particular if:

• The user obtains a refund for a purchased Business License after publication of the app via Apple or Google (refund abuse) and continues to use the app with commercial modules.
• The user persistently uses commercial modules without a valid Business License (e.g. by manipulating the local license status).
• The user violates these Terms of Service, in particular the obligations set out in §8 and §9.
• The app is demonstrably used for unlawful purposes (e.g. infringement of copyright, trademark or personal rights, distribution of malware, spam, phishing or fraud).
• Apple or Google have removed the app from their store and BLOCQ is required for legal or contractual reasons to cease further provision of features.

Blocking Stages

Depending on the severity of the violation, blocking may occur in one of the following three stages:

• Silent block: Blocks the ability to newly activate commercial modules or obtain further code updates. Already active modules remain functional. The user is only informed of the block when attempting a blocked action.
• Notification banner: In addition to the silent block, a permanently visible notification banner is displayed in the app, pointing out the block and providing support contact information.
• Hard block: In addition to the banner, after 60 seconds of usage the app is blocked by a modal overlay that cannot be dismissed. The app is effectively no longer usable.

Procedure

• BLOCQ will, as a rule, notify the user before a block by email to the admin email address stored in the app and give the user the opportunity to respond or remedy the violation (counter-statement).
• In the case of obviously unlawful content or proven refund abuse, blocking may also occur without prior notice.
• The user may object in writing at any time to support@blocq.io. Legitimate objections will be reviewed without undue delay; in the case of an unjustified ground for blocking, the block will be lifted immediately.

Effects of a Block

• The block applies exclusively to BLOCQ features offered within the app itself. Apps already published in the Apple App Store or Google Play Store remain available unless the user removes them — BLOCQ has no influence over this.
• User content (texts, images, configurations, end-customer-generated data) is not affected and can generally still be exported.
• A block does not affect the user's obligation to maintain their own privacy policy for their published app and to answer end-customer requests.

No Refund for Blocks Based on Material Reasons

In the case of a block based on a material reason listed in the Grounds for Blocking section, there is no entitlement to a refund of purchases already made, insofar as the block is not the responsibility of BLOCQ. Apple and Google refund rights remain unaffected.

§6 App Publishing (Publishing Service)

The Publishing Service enables the publication of your BLOCQ-created app in the app stores.

Requirements for use:

• You need your own Apple Developer Account and/or Google Play Developer Account
• You provide us with your certificates and signing files (API keys, provisioning profiles, service accounts)
• You are responsible for compliance with store guidelines

Publishing process:

• Your app data is transferred to our server in Germany
• The app is compiled on a Mac in Germany
• The compiled app is submitted to the stores on your behalf

BLOCQ acts as a data processor pursuant to Art. 28 GDPR. We publish the app on your behalf under your developer account.

§6a Custom App Development Service

In addition to the Publishing Service, BLOCQ offers the individual setup of an app. This section governs the terms of such individual development.

Scope of services

BLOCQ configures and sets up an app for the customer based on the BLOCQ platform and its modules. The service comprises the setup, the coordination with the customer (discovery call, feedback rounds) and the initial publication in the customer's app stores.

Additional features that are not part of the existing BLOCQ modules ("custom features") will only be implemented subject to a separate written agreement and may incur additional remuneration.

Legal nature of the contract

The monthly remuneration is paid for the ongoing provision and maintenance of the configured app. The contract qualifies as a service contract within the meaning of §§ 611 et seq. of the German Civil Code (BGB). No acceptance of a work within the meaning of § 640 BGB is owed.

Remuneration

The remuneration is 99 € per month. The price is a gross price and does not contain any VAT in accordance with § 19 para. 1 of the German VAT Act (small-business rule).

The obligation to pay begins on the day the app is released for publication by the relevant app store ("launch"). Before launch, the customer does not incur any costs for setup, coordination or testing.

External fees that the customer pays directly to third parties are not included in the monthly remuneration. These include in particular: Apple Developer Program (currently approx. USD 99/year), Google Play Developer (currently approx. USD 25 one-time), and Firebase or other cloud fees based on usage.

Term and termination

The contractual relationship has a minimum term of six (6) months from launch.

After expiry of the minimum term, the contract continues for an indefinite period and may be terminated by either party with one month's notice to the end of the month in text form (e.g. by email to hello@blocq.io).

Before launch, the customer may at any time, without observing any notice period, declare in text form that it does not wish to continue the project; no costs arise for the customer as a result.

The right to extraordinary termination for good cause remains unaffected for both parties.

Customer duties

The customer undertakes in particular:

• to provide all content required for the setup (logo, colors, copy, images, media) in a complete and usable quality
• to set up its own Apple Developer Account and its own Google Play Developer Account; BLOCQ may advise on the setup, but the registration must be made in the customer's name
• to provide the certificates, signing files and access to the developer accounts required for publication
• to bear all external fees (Apple, Google, Firebase and others) directly vis-à-vis the respective providers
• to ensure that the content provided does not infringe any third-party rights (in particular copyright, trademark and personality rights)
• to provide its own privacy policy for the published app that meets the requirements of the GDPR

Store guidelines and rejection risk

The inclusion of an app in the Apple App Store or Google Play Store is at the sole discretion of the respective platform operator. BLOCQ has no influence on their decisions. BLOCQ is in particular not liable for the app being available in the stores at a specific time, at all, or continuously. Should an app be rejected by a store, BLOCQ will cooperate on an adjustment to the extent reasonable; the start of the payment obligation shifts accordingly.

Rights in the app

The published app is listed under the customer's name and developer accounts. The customer is the owner of the app in the respective app store; all content provided by the customer (copy, images, media) remains its property.

The underlying BLOCQ platform, its modules, source code and trademarks remain the property of BLOCQ. For the term of the contract, the customer receives a simple, non-transferable right to use the configured app. Upon termination of the contract, the right to continued use of the BLOCQ platform within the app ends; the app may be deactivated or withdrawn from the stores.

Data protection and order processing

Insofar as BLOCQ processes personal data of the customer or of third parties on the customer's behalf as part of the custom development, BLOCQ acts as a processor within the meaning of Art. 28 GDPR. The details are governed by the BLOCQ Data Processing Agreement (DPA), which forms part of this contract.

B2B character

The services in this section are exclusively aimed at entrepreneurs within the meaning of § 14 BGB. There is no statutory right of withdrawal for consumers (§§ 312g, 355 BGB).

§7 Intellectual Property

BLOCQ Property:

The App itself, the BLOCQ framework, all trademarks, logos, and design are intellectual property of BLOCQ and protected by copyright.

Your Property:

All content you create in your app (texts, images, configurations) remains your property.

Apps you create:

Apps you create and publish with BLOCQ are your property. You bear full responsibility for their content and compliance with all laws.

§8 User Obligations

You agree to:

• Use the App only for lawful purposes
• Not create content that violates laws
• Respect the rights of third parties (copyright, trademark rights, personal rights)
• Comply with Apple and Google store guidelines
• Provide your own privacy policy for your published apps

§9 Prohibited Use

The following uses are prohibited:

• Creating apps with illegal, violence-glorifying, or discriminatory content
• Creating apps containing malware or harmful software
• Infringement of copyrights, trademark rights, or other intellectual property rights
• Circumventing technical protection measures
• Use for spam, phishing, or fraud
• Creating apps for persons under 13 without appropriate protection mechanisms

§10 Warranty

We provide the App "as is".

We strive for high availability and functionality but cannot guarantee uninterrupted or error-free use.

For free features, we provide no warranty. For paid features, statutory warranty rights apply.

§11 Limitation of Liability

Our liability is limited to intent and gross negligence.

In case of simple negligence, we are only liable for breach of essential contractual obligations (cardinal duties), limited to foreseeable, contract-typical damages.

Liability for personal injury and under product liability law remains unaffected.

We are not liable for damages caused by apps you create or their use by third parties.

We are not liable for rejection of your app by Apple or Google.

§12 Third Parties

The App uses the following third-party services:

• Apple App Store / Google Play Store: Processing of all in-app purchases (Business License, Maintenance, Single Updates) and publication of the app. Receipt validation is performed directly by BLOCQ against Apple/Google servers.
• Firebase/Google Cloud (optional): For individual modules requiring cloud storage, you connect your own Firebase instance. Data of your app users resides exclusively in your own Firebase project.
• Own blocq server (Germany): License management, publishing service, block lists and update distribution.
• Optional: RevenueCat — if you activate the In-App Purchase module in your own app for your end customers. RevenueCat is NOT used for BLOCQ's own license purchases.

The respective terms of service and privacy policies of these providers apply.

§13 Termination

You can terminate use of the App at any time by deleting the App from your device. Apps already published in the Apple App Store or Google Play Store remain available unless you remove them yourself.

BLOCQ may restrict, block or terminate access to the App or Service at any time for a material reason listed in §5a.

Upon termination, your locally stored data on your device is removed by deleting the App. Data stored on the blocq server (see privacy policy) will be deleted upon request, insofar as no statutory retention obligations apply.

In-app purchases already made (Business License, Maintenance, Single Updates) will not be refunded in the event of termination by the user. Apple and Google refund rights remain unaffected. In the case of a block for material reason, §5a applies.

Cancellation of the Maintenance Subscription:

• You can cancel the Maintenance Subscription at any time through the subscription management of your App Store (Apple: Settings → Apple ID → Subscriptions / Google: Play Store → Payments & subscriptions).
• After cancellation, you may continue to request code updates until the end of the paid period. Pro-rata refunds are not provided.
• Your published app continues to work without an active Maintenance Subscription. In the Private Tier you have access to one free code update per quarter; alternatively, you may purchase additional updates individually for €19.

§14 Privacy

Information about the processing of your personal data can be found in our App Privacy Policy.

§15 Changes to Terms

We reserve the right to modify these ToS at any time.

We will inform you of significant changes in the App.

Continued use of the App after changes to the ToS constitutes acceptance of the modified terms.

§16 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Place of jurisdiction is Stade, Germany, to the extent legally permissible.

Should individual provisions of these ToS be or become invalid, the validity of the remaining provisions remains unaffected.

We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.