General Terms and Conditions

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

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

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

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 functions

Optional publication in the app stores via our Publishing Service

The App is available free of charge in the App Store. Publishing your own app is free of charge for private, non-commercial use. A paid Business license (one-time purchase) is only required as soon as you use commercial modules. For ongoing code updates, you may optionally take out a maintenance subscription or purchase individual updates.

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

Resell commercially or sublicense

Use for illegal purposes or contrary to these Terms and Conditions

No registration is required to create your app in the development environment. When publishing your app, an administrator account is created with which you can later manage your published app. If you use your own Firebase instance, this account is created in your Firebase instance; otherwise in the database provided by BLOCQ.

Your app configuration is initially stored locally on your device. As soon as you activate Firebase-based modules, the relevant data is additionally stored in the connected Firebase instance.

You connect your own Firebase instance as part of the publication process; it is decisive for the operation of your finished app available in the stores.

BLOCQ distinguishes between a free Private tier for non-commercial use and a paid Business tier. Which plan applies to you depends solely on whether you use commercial modules (Business modules). The mere creation and publication of your app is free of charge for private, non-commercial use.

What are code updates? Code updates are new technical versions of your app that we provide as the developer - such as new functions or modules, technical improvements or adaptations to new requirements of the app stores or operating systems. To be distinguished from these are changes to design, texts, content or the activation and deactivation of modules: You make these yourself at any time directly in the App - free of charge, effective immediately and without a code update.

Private tier (free)

Configuration of the App in Edit Mode, activation of all non-commercial modules (e.g. Chat, Feed, Wiki, FAQ), unlimited adaptation of design, texts and content - permanently free of charge.

Publication of your app in the App Store and Google Play Store - permanently free of charge.

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 allowances automatically expire at the end of the quarter and are not carried over.

A Business license is required as soon as you wish to use a commercial module (Business module) - that is, a module with which you generate revenue or operate a business or organization (e.g. sales, payments, paid memberships, bookings). For each module, the App shows whether it requires a Business license. The Business license is purchased once per published app (per bundle ID - the unique identifier of your app in the app stores) and is valid without time limit. The price depends on the pricing phase at the time of purchase:

Business license (one-time purchase, per bundle ID)

Founders Edition: EUR 290 (limited to the first 20 buyers)

Standard price: EUR 590 (standard once the Founders slots are used up)

The Business license is a one-time purchase. It applies per published app (per bundle ID - the unique identifier of your app in the app stores) and is non-transferable. If you wish to publish a second app, a further license purchase is required.

Maintenance subscription (optional)

Maintenance Founders: EUR 49 per year (valid for life for buyers of the Founders Edition)

Maintenance standard price: EUR 99 per year

With an active maintenance subscription, you receive unlimited code updates and prioritized support during the term. The subscription has an initial term of 12 months. Insofar as the user is a consumer, it is extended for an indefinite period after the end of the initial term and can thereafter be terminated at any time with a notice period of no more than one month. Vis-a-vis entrepreneurs, the subscription is extended by a further 12 months unless it is terminated in good time before expiry, unless otherwise agreed. Details regarding termination are set out in Section 13 and Section 15.

If the maintenance subscription was concluded via an app store, termination is carried out exclusively via its subscription management (Apple: Settings -> Apple ID -> Subscriptions / Google: Play Store -> Payments & subscriptions). If it was concluded directly with BLOCQ, termination is carried out in text form vis-a-vis BLOCQ. After termination, code updates can continue to be requested until the end of the paid term.

Single update (optional)

Single code update: EUR 19 one-time - one additional code update to the current BLOCQ version, in case you have not taken out a maintenance subscription and your quarterly free update has already been used up.

Update-enforcement fixes (Apple or Google reject fixes) are free of charge and do not count toward the quarterly allowance - regardless of whether or not you have a maintenance subscription.

If the purchase is made within the App, it is processed via the respective app store (Apple App Store or Google Play Store); the order-triggering and contractually binding act is then the confirmation in the Apple or Google order sheet. In addition, business customers in particular may also commission services directly from BLOCQ; in this case the contract is concluded in accordance with the separate agreement or order confirmation and payment is made by invoice.

For purchases via an app store, its payment terms apply; refunds are made in accordance with the policies of Apple or Google. BLOCQ is informed of refunds via corresponding notifications from the stores and adjusts the license/subscription status accordingly. For direct orders, the agreed payment and invoicing terms apply.

Pursuant to Section 19 (1) UStG (small business regulation), the prices do not include value added tax. 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.

BLOCQ reserves the right to technically restrict or block the use of the App or individual functions if good cause exists. The blocking is carried out in one of the three levels described below.

Grounds for blocking

Good cause exists in particular if:

The user has a purchased Business license refunded via Apple or Google after the app has been published (refund abuse) and continues to use the app with commercial modules.

The user permanently uses commercial modules without a valid Business license (e.g. by manipulating the local license status).

The user breaches these Terms and Conditions, in particular the obligations set out in Section 8 and Section 9.

The App is demonstrably used for unlawful purposes (e.g. infringements of copyright, trademark or personality rights, distribution of malware, spam, phishing or fraud).

Apple or Google has removed the app from the respective store and BLOCQ has to discontinue the further provision of functions for legal or contractual reasons.

Blocking levels

Depending on the severity of the breach, the block may be carried out in one of the following three levels:

Silent block (silent): Blocking of the ability to newly activate commercial modules or to obtain further code updates. Already active modules remain functional. The user is only informed of the block if they wish to carry out a blocked action.

Notice banner (banner): In addition to the silent block, a permanently visible notice banner is displayed in the App, indicating the block and naming a contact for support.

Full block (hard): In addition to the banner, the App is blocked after 60 seconds of usage time by a modal overlay that cannot be dismissed. The App is thereby effectively no longer usable.

Procedure

BLOCQ will as a rule inform the user before a block by email to the admin email address stored in the App and give the user the opportunity to comment or remedy the breach (rebuttal).

In the case of manifestly unlawful content or in the case of proven refund abuse, the block may also be carried out without prior hearing.

The user may lodge an objection in writing at any time at support@blocq.io. Justified objections will be examined without undue delay; in the case of an unfounded ground for blocking, the block will be lifted immediately.

Effects of a block

The block applies exclusively to the BLOCQ functions offered in the App itself. Already published apps in the Apple App Store or Google Play Store remain available, provided the user does not remove them themselves - BLOCQ has no influence over this.

The user's content (texts, images, configurations, data generated by end customers) remains stored and is not deleted by a block. However, as long as a full block (full-screen block) is active, operation of the App - and thus also the export of content - is not possible. After the block is lifted, export is possible again.

A block does not affect the user's obligation to maintain its own privacy policy for its published app and to respond to end-customer requests.

No refund in the event of blocking for good cause

In the event of a block for good cause as set out in the grounds for blocking, there is no claim to a refund of purchases already made, insofar as the block is not the responsibility of BLOCQ. Apple and Google refund rights remain unaffected by this.

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

Requirements for use:

You need your own Apple Developer Account and/or Google Play Developer Account

You transmit your certificates and signature files to us (API keys, provisioning profiles, service accounts)

You are responsible for compliance with the store guidelines

Publication 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 in your name

BLOCQ acts as data processor pursuant to Art. 28 GDPR. We publish the app in your name under your Developer Account.

Optionally, BLOCQ supports the customer in setting up and publishing its app ("Concierge"). The Concierge service comprises a clearly delimited scope of services (see below) and expressly does not mean that BLOCQ takes over all tasks; certain steps and content remain with the customer. This is a one-time service provided in addition to the Business license. The respective offer or service description is decisive for the scope.

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 and configuration of the modules, the coordination with the customer (discovery call, feedback rounds), the creation of a basic structure including sample content, as well as the initial publication in the customer's app stores. The app design is set up exclusively according to the customer's template or instruction, and only insofar as this is technically feasible within the App. The creation of a bespoke, individual design concept by BLOCQ is not part of the Concierge service and can be commissioned separately as a dedicated design package. Store screenshots are created with the screenshot studio integrated into the App; store texts are entered on the basis of the content supplied by the customer.

Not owed is the ongoing or complete maintenance and entry of the customer's content and master data. In particular, the complete recording of product, employee, member, appointment or comparable data sets (bulk data maintenance) is the customer's responsibility and can be carried out by the customer itself in the App at any time. BLOCQ merely creates a basic structure with sample entries so that the app can be handed over in a functional state. Data maintenance beyond this is carried out only after separate written agreement and may be remunerated additionally.

Additional functions that are not part of the existing BLOCQ modules ("Custom Features") are implemented only after separate written agreement and may, where applicable, be remunerated additionally. Functions that are also generally useful for other BLOCQ users are implemented by BLOCQ at its reasonable discretion (Section 315 BGB) free of charge; only purely customer-specific bespoke solutions are chargeable custom modules.

Legal nature of the contract

The Concierge service is provided as a one-time service against a flat-rate remuneration. What is owed is the agreed setup and accompaniment of the publication in accordance with the scope of services described above.

Remuneration

The Concierge service is charged as a one-time flat rate (Founders Edition: EUR 399, regular: EUR 599). The price is a gross price and, pursuant to Section 19 (1) UStG (small business regulation), does not include value added tax.

The remuneration becomes due as soon as the app is ready for submission to the stores. If BLOCQ undertakes the submission on behalf of the customer, invoicing takes place at that point. If the customer fails to cooperate, despite a request, within 14 days in the steps that can only be carried out by the customer (store accounts, identity, tax and bank details, approvals), the service is deemed to have been rendered and the remuneration becomes due. Before provision of the submission-ready app, the customer incurs no costs.

Not included in the flat rate are external fees that the customer pays directly to third parties. These include in particular: Apple Developer Program (currently approx. USD 99/year), Google Play Developer (currently approx. USD 25 one-time) as well as Firebase or other cloud fees based on usage.

Cancellation before completion

Since this is a one-time service, there is no minimum term and no subscription.

Ongoing termination does not apply due to the absence of a continuing obligation.

Before provision of the submission-ready app, the customer may declare at any time 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 or termination for good cause remains unaffected for both parties.

Obligations of the customer

The customer undertakes in particular:

to provide all content necessary for the setup (logo, colors, texts, images, media) in full and in a 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 carried out in the customer's name

to provide the certificates, signature files and access to the Developer Accounts required for publication

to bear all external fees (Apple, Google, Firebase, etc.) directly vis-a-vis the respective providers

to ensure that the transmitted content does not infringe any third-party rights (in particular copyright, trademark and personality rights)

to provide, for the published app, its own legally compliant privacy policy as well as an imprint (Section 5 DDG, Section 18 MStV) that comply with the respectively applicable statutory requirements (in particular GDPR)

Store guidelines and risk of rejection

The admission of the app to the Apple App Store or the Google Play Store is at the sole discretion of the respective platform operators. BLOCQ has no influence over their decisions. In particular, BLOCQ is not liable for an app being available in the stores within a particular time frame, at all, or permanently. Should an app be rejected by the respective store, BLOCQ will cooperate in an adaptation within reasonable limits. A rejection for reasons for which BLOCQ is not responsible (e.g. customer-side content or accounts) does not affect the claim to remuneration.

Rights to the app

The published app is maintained 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 (texts, images, media) remains its property.

The underlying BLOCQ platform, its modules, source code and trademarks remain the property of BLOCQ. The customer receives a simple, non-transferable right of use to the configured app in accordance with Section 3 and Section 5 of these Terms and Conditions. The granting of the rights of use is subject to the condition precedent of full payment of the Concierge remuneration.

Data protection and order processing

Insofar as we process personal data on your behalf within the scope of the Concierge service, we act as data processor within the meaning of Art. 28 GDPR. The provisions on order processing in Section 14 of these Terms and Conditions as well as the separate data processing agreement (DPA) apply.

B2B character

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

BLOCQ may provide optional AI functions, in particular for generating suggestions for app names, store description texts, design, structure or content. The use of these functions is voluntary and takes place only if you actively trigger the respective function.

With the "Magic Setup" function, you can specify a website address or an industry or ordering portal. In this case, BLOCQ retrieves publicly accessible content of the specified source on the server side, in particular texts, colors, logos, service descriptions, categories, prices or comparable business information, and uses these to create suggestions for your app.

You may only specify websites, domains, portals and content of which you are the owner or to whose use, retrieval and processing you are entitled. It is prohibited to specify sources whose retrieval breaches statutory provisions, terms of use, third-party rights, technical access restrictions, login barriers, paywalls, robots specifications or other protective mechanisms.

You undertake not to include in AI inputs, or to have retrieved via specified sources, any personal data of third parties, any special categories of personal data within the meaning of Art. 9 GDPR, any trade secrets of third parties and any unlawful content, unless there is a sufficient legal basis and authorization for this.

AI-generated content constitutes non-binding drafts. BLOCQ assumes no warranty that AI-generated content is correct, complete, up to date, legally permissible, free of third-party rights, available under trademark law, permissible under competition law, or suitable for a particular purpose. You are obligated to review all AI-generated content on your own responsibility before use, publication or submission to app stores.

You indemnify BLOCQ against all third-party claims arising from the fact that you specified unauthorized sources, entered impermissible content, infringed third-party rights, transmitted personal data without a legal basis, or used AI-generated content without review. This does not apply insofar as BLOCQ is itself responsible for the respective claim.

Property of BLOCQ:

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

Your property:

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

Apps created by you:

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

You undertake:

To use the App only for lawful purposes

Not to create any content that violates laws

To respect the rights of third parties (copyright, trademark law, personality rights)

To comply with the store guidelines of Apple and Google

To provide, for your published apps, your own privacy policy as well as an imprint (Section 5 DDG, Section 18 MStV)

Indemnification

You indemnify us, upon first request, against all third-party claims - including those of end users of your app and authorities - asserted against us on account of the content, the design, the data processing or the operation of the app created and published by you, including reasonable costs of legal defense. This does not apply insofar as the claim is based on a breach of duty for which we are responsible. You support us in good faith in defending against such claims.

Security, access data and vulnerabilities

You are obligated to treat access data, Developer Accounts, API keys, certificates, service accounts, Firebase configurations and other security-relevant information confidentially, to protect them against unauthorized access, and to provide them only to the extent necessary for the use of BLOCQ.

You may not circumvent, manipulate or impair any security mechanisms, license checks, blocking mechanisms, update checks, signature checks or technical protective measures.

If you identify a security vulnerability, misconfiguration, possibility of unauthorized access or other weakness in BLOCQ, you are obligated to inform BLOCQ without undue delay and to refrain from any exploitation, publication or disclosure, insofar as this is not mandatorily permitted by law. BLOCQ will examine justified vulnerability reports and take appropriate measures at its own dutiful discretion.

You are obligated to implement security-relevant updates, configuration instructions or migration instructions provided by BLOCQ within a reasonable period, insofar as this is necessary for the security or contractual conformity of your app and reasonable for you. If you fail to provide reasonable cooperation, BLOCQ is not liable for damages based on the failure to implement, insofar as BLOCQ is not itself responsible for this.

Regulated and high-risk use

You alone are responsible for examining whether your app falls within a regulated area or must meet special legal, professional, supervisory, safety-law or industry-specific requirements. This applies in particular to apps in the areas of health, medical devices, care, therapy, pharmaceuticals, financial or insurance services, legal or tax advice, employment, education, protection of minors, access control, smart locks, critical infrastructure, public-authority services, emergency communication, gambling, donations, payment processing, scoring, profiling or automated decisions.

BLOCQ merely provides a technical construction kit. BLOCQ does not examine whether your app is approved, suitable, certified or legally permissible for a particular regulated purpose. Use of BLOCQ as a medical device, safety product, emergency, alerting, monitoring, access, control, high-risk or critical infrastructure system is permissible only if this has been expressly agreed in writing with BLOCQ in advance and you meet all legal, technical and organizational requirements necessary for this.

You may not use BLOCQ for apps whose failure, malfunction, delay, faulty data processing or faulty notification can typically lead to damage to life, body, health, freedom, property of significant value or to other serious consequences, unless BLOCQ has expressly consented to this use in writing.

You are obligated to comply on your own responsibility with all laws, platform guidelines, information obligations, labeling obligations, approvals, registrations, consents, youth protection, consumer, data protection, professional, tax and supervisory obligations applicable to your app.

Product responsibility for your app

The app created and published with BLOCQ is published under your name, your Developer Account and with the content, modules, functions and configurations chosen by you. You are responsible for adequately testing the app before publication and after material changes, for correctly informing end users, for providing the necessary operating, safety and warning notices, and for operating the app only in a legally permissible manner.

BLOCQ assumes no responsibility for risks arising from your content, your choice of modules, your Firebase or third-party configuration, your business processes, your end-user communication or your use of the app in a regulated or safety-critical area. The liability of BLOCQ for its own breaches of duty in accordance with the liability provisions of these Terms and Conditions remains unaffected.

You are obligated to inform BLOCQ without undue delay if you become aware of circumstances indicating a significant security risk, an unlawful use, an objection by an authority, a serious malfunction or a possible endangerment of end users by your app. In such cases, BLOCQ is entitled to take appropriate measures, in particular to restrict the provision of individual functions, to withhold updates, to demand notices or to carry out a block in accordance with these Terms and Conditions.

The following uses are prohibited:

Creation of apps with illegal, violence-glorifying or discriminatory content

Creation of apps that contain malware or malicious software

Infringement of copyrights, trademark rights or other protective rights of third parties

Circumvention of technical protective measures

Use for spam, phishing or fraud

Creation of apps for persons under 13 years of age without appropriate protective mechanisms

The respective function and performance description is decisive for the condition of the App. We owe suitability for a purpose pursued by the customer that goes beyond this only insofar as expressly agreed.

We endeavor to achieve high availability and functionality, but cannot guarantee uninterrupted or error-free use.

For free functions, we assume, to the extent legally permissible, no guarantee of condition and no warranty going beyond the statutory minimum requirements. Mandatory statutory rights, in particular for consumers and in the case of legally owed security or contractual-conformity updates, remain unaffected. For paid functions, the statutory warranty rights apply.

(1) BLOCQ is liable without limitation for damages arising from injury to life, body or health, for damages based on intent or gross negligence, for claims under the Product Liability Act, for assumed guarantees, and for claims whose limitation is legally impermissible.

(2) In the case of simple negligence, BLOCQ is liable only for the breach of a material contractual obligation. Material contractual obligations are those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the user may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time of conclusion of the contract.

(3) Vis-a-vis entrepreneurs, liability under paragraph 2 is limited to EUR 100,000.00 per case of damage and to EUR 200,000.00 per contract year. By way of derogation, liability under paragraph 2 for damages in connection with cyber, IT security, data protection, data integrity, confidentiality, availability or comparable security incidents is limited to EUR 50,000.00 per case of damage and per contract year. Insofar as liability under paragraph 2 concerns contractual penalties or comparable lump-sum claims due to the breach of confidentiality, data protection or non-disclosure agreements, liability is limited to EUR 25,000.00 per case of damage and per contract year. The foregoing limitations do not apply in the cases of paragraph 1 and do not apply insofar as, in the individual case, they would inappropriately fall below the foreseeable damage typical for the contract. The aforementioned amounts are based on the currently existing insurance coverage of BLOCQ. Insured maximum annual benefits are not available exclusively to an individual user, but apply across customers and contracts to all insured events within the respective insurance year. There is no claim by the user to the maintenance of a particular insurance, to the provision of an exclusive coverage sum or to direct performance from the insurance contract. Should individual coverage be desired by the user, BLOCQ may, upon request, inquire about corresponding additional costs with its insurer, which are then to be borne by the user.

(4) For the loss of data, BLOCQ is liable in accordance with the foregoing paragraphs only to the extent that the damage would have arisen even with proper, risk-appropriate and regular data backup by the user. This does not apply insofar as BLOCQ has, in the individual case, expressly assumed the data backup or the damage is based on a breach of statutory data protection, security or order processing obligations incumbent on BLOCQ.

(5) Liability for indirect damages, consequential damages, business interruptions or lost profit is excluded, insofar as such damages were not foreseeable and typical for the contract at the time of conclusion of the contract or are not based on a case of paragraph 1.

(6) BLOCQ is not liable for the availability, decisions, policy changes, prices, blocks, rejections or other measures of third-party providers, in particular Apple, Google, Firebase/Google Cloud or OpenAI, insofar as these are not the responsibility of BLOCQ. The liability of BLOCQ for its own breaches of duty remains unaffected, in particular in the case of selection, integration, technical implementation, security measures or the breach of information and cooperation obligations.

(7) Insofar as the liability of BLOCQ is excluded or limited, this also applies in favor of the legal representatives, employees and vicarious agents of BLOCQ.

The App uses services of third-party providers:

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 carried out directly by BLOCQ against the Apple/Google servers.

Firebase/Google Cloud (optional): For individual modules that require cloud storage, you connect your own Firebase instance. Data of your app users resides exclusively in your 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 for your end customers in your own app. RevenueCat is NOT used for your own purchases of BLOCQ licenses.

For these services, the respective terms of use and privacy policies of the providers apply. Details on data processing can be found in our privacy policy.

You can end the use of the App at any time by deleting the App from your device. Already published apps in the Apple App Store or Google Play Store remain available, provided you do not remove them yourself.

BLOCQ may restrict, block or terminate access to the App or the Service at any time for good cause as set out in Section 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) is deleted upon request, insofar as no statutory retention obligations conflict with this.

In-app purchases already made (Business license, maintenance, single updates) are not refunded in the event of termination by the user. Apple and Google refund rights remain unaffected. In the event of a block for good cause, Section 5a applies.

Termination of the maintenance subscription:

You can terminate the maintenance subscription at any time via the subscription management of your app store (Apple: Settings -> Apple ID -> Subscriptions / Google: Play Store -> Payments & subscriptions). If the maintenance subscription was concluded directly with BLOCQ, termination is carried out in text form vis-a-vis BLOCQ; insofar as the user is a consumer and the subscription has been extended after the initial term, it can be terminated at any time with a notice period of no more than one month. Statutory rights of termination remain unaffected.

After termination, you can continue to request code updates until the end of the paid term. No refund of pro-rata amounts is made.

Your published app continues to function even without an active maintenance subscription. In the Private tier, you have one free update available per quarter; alternatively, you can purchase additional updates individually for EUR 19.

Data protection roles

Insofar as you create, configure, publish or operate your own app with BLOCQ, you remain the controller within the meaning of Art. 4 No. 7 GDPR for the personal data of your app and its end users. In particular, you decide on the purposes, content, modules, target groups, legal bases, storage period, data subject information, consents, imprint and privacy policy of your app.

BLOCQ acts as data processor within the meaning of Art. 28 GDPR only insofar as BLOCQ processes personal data according to your documented instruction within the scope of the AppBuilder mode, the development database, the Publishing Service, the Custom App Development Service or an AI/Magic Setup function triggered by you. The separate data processing agreement applies to this, which forms part of the contractual relationship and, in the event of conflict, takes precedence over these Terms and Conditions.

Not subject to order processing are processing operations that BLOCQ carries out for its own purposes, in particular for contract performance, license management, billing, payment and purchase status verification, fraud and abuse prevention, block list management, IT security, logging, support handling, communication with you, assertion of its own rights and fulfillment of statutory obligations. For these processing operations, BLOCQ is its own controller.

Data sovereignty after publication

After successful publication, end-user and content data of your app is generally processed in your own Firebase instance or in the infrastructure integrated by you. BLOCQ has no ongoing access to this, unless expressly agreed otherwise or you again commission BLOCQ with processing, an update, an error analysis or a support service. The content and end-user data processed in the BLOCQ development database is automatically deleted as soon as you have confirmed the go-live of your app and a period of 14 days has elapsed; you can also request deletion earlier.

Custody of signing keys

To provide the build and update services, BLOCQ processes and keeps technical keys, in particular app signing certificates, provisioning profiles, publishing API keys and service account files, in order to publish app builds and updates in your name in your developer accounts. These keys regularly contain no end-user data and no passwords to your Developer Accounts; they are treated as trade secrets and protected by appropriate technical and organizational measures. You can request their deletion at any time; thereafter, build and update services are only possible if you provide the required keys again.

Cooperation in the creation phase

During the creation of your app (AppBuilder mode), access takes place via a test/preview login without real user accounts; in this phase the app works against the development database provided by BLOCQ. You are obligated to enter exclusively demo and test data in this phase and not to record or upload any real personal data of third parties. If you nevertheless enter real personal data, this is done on your sole responsibility as controller; you alone are responsible for its lawfulness and for informing the affected persons.

Special categories of personal data

Special categories of personal data within the meaning of Art. 9 GDPR may at no time be processed in the development database without a prior separate written agreement with BLOCQ. If you process such data without such an agreement, this is done at your sole risk; you bear any claims resulting from this, insofar as BLOCQ is not itself responsible for the respective claim.

Platform operators and third-party providers

Apple, Google and other platform operators act, with regard to their app stores, Developer Accounts, payment processing, store reviews, platform guidelines and other platform services, in accordance with their own contractual terms. BLOCQ has no controlling influence over their decisions, guidelines, availability and data processing. Insofar as BLOCQ carries out technical submissions in your name within the scope of the Publishing Service, this is done exclusively as an auxiliary service within the scope of your Developer Account.

Information on the processing of your personal data by BLOCQ can be found in our privacy policy.

(1) Changes to these Terms and Conditions only become effective if the user expressly consents to them, insofar as the change concerns material contractual obligations, prices, main services, terms, rights of termination or liability provisions.

(2) BLOCQ may adapt these Terms and Conditions with effect for the future, insofar as this is necessary due to a change in the legal situation, supreme court case law, technical requirements of the app stores, security requirements or the functioning of the BLOCQ platform, and the user is not unreasonably disadvantaged by this. BLOCQ will inform the user of the change at least 30 days before it takes effect, in text form or in the App.

(3) If the user is a consumer, consent is not deemed to have been granted solely because the user does not object to the change or continues to use the App, insofar as express consent is legally required.

Maintenance subscription

For consumers, a maintenance subscription is extended for an indefinite period after the end of the initial term and can thereafter be terminated at any time with a notice period of no more than one month. If concluded via Apple or Google, the termination mechanisms of the respective app store apply in addition. Statutory rights of termination remain unaffected.

Code updates and legally required updates

Code updates within the meaning of these Terms and Conditions are functional extensions, new modules, convenience improvements or technical re-submissions of the app to the app stores, insofar as they are not already owed for the statutory remedy of defects or for the maintenance of contractual conformity. Legally required security and contractual-conformity updates for consumers remain unaffected and are provided in accordance with the statutory provisions.

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

The place of jurisdiction is, insofar as legally permissible, Stade, Germany.

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

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

Vis-a-vis entrepreneurs, contractual claims against us become time-barred within one year from the statutory commencement of the limitation period. This does not apply to claims arising from intent, gross negligence, from injury to life, body or health, to claims under the Product Liability Act, and to other claims whose limitation period may not be shortened by law; in this respect, the statutory limitation periods apply.

As of June 2026