Terms of Service

These terms cover using ASOApp, on the free plan and on the paid PRO subscription. They are deliberately short and in plain language. Where they limit something, they say why. This is a translation of the binding German AGB; where the two differ, the German version governs.

1. Who we are, and what these terms cover

The provider and your contracting party is jungspree, Felix Brix, Alte Kaulsdorfer Straße 25a, 12555 Berlin, Germany, email hello@jungspree.com ("we"). Full details are in the imprint.

These terms apply to every contract for the use of ASOApp between you and us. We only accept differing terms if we agree to them expressly in text form.

A consumer is anyone entering the contract for purposes largely outside their trade or profession (§ 13 German Civil Code). A trader acts in the course of such activity (§ 14). Some clauses distinguish the two explicitly.

2. What ASOApp is

ASOApp is a web service for iOS App Store Optimization. It reads publicly available App Store data — chiefly Apple's iTunes Search API, App Store autocomplete and the public charts — and computes figures such as difficulty, traffic, opportunity and estimated daily searches.

To be explicit:

3. Your account

Some tools work with no account at all. Rank tracking, competitor teardowns, the listing audit and App Discovery need a free account; what data that involves is set out in the privacy policy.

You keep your credentials safe and do not share them. An account is for one person. If you suspect someone else has access, please tell us.

You can delete your account yourself at any time in your account settings. That does not automatically cancel a running PRO subscription — please also cancel it through the billing portal (clause 6).

4. How the contract is formed

For the free plan, the contract is formed when you create the account. Features used without an account create no continuing obligation.

For PRO, the contract is formed when you confirm the paid order in the checkout of our payment provider Stripe and we confirm the payment. The essential features, the total price and the term are shown to you before you confirm.

We do not separately store the contract text, and it is not retrievable through the website afterwards. You can view, save and print these terms on this page at any time. Your invoices are in the billing portal.

The contract languages are German and English. Where the language versions of these terms differ, the German version governs.

4a. Seven-day trial

A newly created account may start a one-off seven-day trial with every PRO feature unlocked.

To start it you provide a payment method at Stripe's checkout. Nothing is charged during the seven days.

The trial then converts automatically into a paid PRO subscription. When the seven days are up, the fee you selected at the start — monthly or yearly under clause 5 — falls due for the first time, and the subscription renews automatically under clause 6 until cancelled. The total price, the billing period and the date of the first charge are shown before you confirm at checkout; the contract comes about with that expressly paid confirmation.

Cancel before the seven days are up and nothing is charged. Cancellation is possible at any time from your account settings and takes effect immediately; the PRO features stay available until the end of the trial, after which the account continues on the free plan. Anything made during the trial is kept either way.

The trial is available once per account. Accounts that have already had a subscription are excluded.

5. Prices and payment

Current prices are on the pricing page and are shown before you subscribe. All prices include statutory VAT; the applicable rate depends on your country and is shown at checkout.

Payment is handled by Stripe. You enter payment details only there; they do not reach our servers. Stripe's own terms additionally apply to the payment itself.

The fee is due in advance for each billing period — monthly or yearly, depending on the plan chosen. The subscription renews automatically for the same period unless cancelled.

If a payment fails, Stripe retries it under its own rules. If it ultimately fails, we may suspend access to the PRO features; the account and everything included in the free plan are unaffected.

We will announce price changes in text form at least six weeks before they take effect, and they apply only from the billing period following that notice. If you do not accept a change, you may cancel with effect from the date it takes effect; we will point this out in the announcement.

6. Term and cancellation

The PRO subscription runs indefinitely and can be cancelled at any time, with effect from the end of the current billing period. Cancel in your account settings under Plan, which opens Stripe's billing portal; an email to hello@jungspree.com is equally sufficient.

After cancelling, PRO stays active until the end of the period you have already paid for. The account then continues on the free plan — it is not deleted, and your stored work is kept to the extent it fits the free plan's allowances.

Either side may end the free plan at any time without notice; you do so by deleting your account.

The right of either party to terminate for good cause remains unaffected.

Consumers additionally have a statutory right of withdrawal; see the withdrawal notice.

7. Scope, availability, changes

We run ASOApp with the care of a small provider, but we owe no particular level of availability. Maintenance, failures at upstream providers and changes to Apple's public interfaces can cause interruptions. No service level agreement forms part of this contract.

We may develop the service further, change individual features and add new ones. We will not remove a feature that forms part of PRO during a paid period without replacement where that would be unreasonable for you; we will announce material restrictions with reasonable notice and, in that case, give you a right to cancel effective from the date of the change.

We may discontinue the service entirely. If we do, we will give at least three months' notice in text form and refund prepaid fees pro rata for the unused period.

8. Your obligations

You will not use ASOApp in a way that impairs its operation. In particular, you will not:

If you materially breach these obligations we may suspend access after prior notice, and without notice in serious cases. In that case we refund paid but unused periods pro rata, unless the suspension is based on a breach for which you are responsible.

9. Rights in content

The software, the interface and the figures we compute are protected by copyright and remain ours. For the term of the contract you receive a simple, non-transferable right to use the service as intended.

Output you produce — exported lists, metadata drafts, your keyword lists and notes — is yours to use freely, including commercially. We claim no rights in it.

The underlying App Store data comes from Apple and from the respective developers; their rights are unaffected.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, to the extent of any guarantee given, and under the German Product Liability Act.

For ordinary negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible at all and on whose observance you may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract at the time the contract was formed.

Otherwise liability is excluded. This applies in particular to decisions you take on the basis of the estimated figures we provide (clause 2), and to lost profit.

For loss of data we are liable under the paragraphs above only up to the cost of recovery that would have been necessary had you backed up your data properly and regularly. Your work lives primarily in your browser; an account keeps an additional copy but does not replace your own backup.

These limitations also apply in favour of our legal representatives and agents.

11. Changes to these terms

We may change these terms where there is a valid reason to do so — a change in the law, in case law, in market conditions or in the scope of the service — and where this does not unreasonably disadvantage you.

We will announce changes in text form at least six weeks before they take effect. If you do not object within that period, they are deemed accepted; we will point out this effect and your right to object separately in the announcement. If you object, either side may cancel with effect from the date the change takes effect.

12. Data protection

How we handle personal data is set out in the privacy policy. It does not form part of these terms; it discharges our information duties under the GDPR.

13. Consumer dispute resolution

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected.

If any provision of these terms is invalid, the rest of the contract remains effective.

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Berlin. For consumers, the statutory places of jurisdiction apply.

Related

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