Terms and Conditions for Sponsoring of Digital Products

 

(Effective as per 01.06.2026)

 

1. Scope 

   1. These Terms and Conditions for Sponsoring of Digital Products together with the Term Sheet apply for all contracts and agreements entered by and between Mobile Seasons and Sponsor. 

   2. Deviating, conflicting, or supplementary business, purchasing, or order conditions of the Sponsor shall become an integral part of the Agreement only if and insofar as Mobile Seasons has explicitly agreed to their validity in writing. They shall not apply even if Mobile Seasons does not expressly object to them and/or provides its services without objection. This shall also apply if the Sponsor has prescribed a special form for the objection.

 

1. Definitions

 

1. 1. The following words and expressions have the following meanings, unless they are

inconsistent with the context:

 

“Agreement” means these Terms and Conditions together with the Term Sheet; 

 

“Digital Product” means any Mobile Seasons´ digital product related to mobile app development 

 

“Editorial Content” means editorial content of the Mobile Seasons´ Digital Products, such as iOS Dev Weekly, ProAndroidDev or any Supplement; 

 

“Event Sponsorship Agreement” means any sponsorship agreement regarding sponsoring of and/or participating at one or various events organized by Mobile Seasons by an official licensee of Mobile Seasons;

 

“Fee” means the agreed remuneration for Sponsoring to be paid by Sponsor;

 

“Party” means, depending on the context, either Mobile Seasons or Sponsor individually, together as “Parties”

 

“Sponsor” means the entity or firm named as “Sponsor” within the Term Sheet or within the Event Sponsorship Agreement;

 

“Sponsor Content” means any sponsoring material provided to Mobile Seasons by Sponsor in connection with Sponsoring of Digital Products or any Supplement; 

 

“Sponsoring Period” means the period of Sponsoring Digital Products as defined in the Term Sheet; 

 

“Sponsoring” means any Sponsor Content of whatsoever nature to appear on the Digital Product, such as iOS Dev Weekly, ProAndroidDev or in any Supplement;

 

“Supplement“ means (where applicable) any additional services as set out in the Term Sheet;

 

“Terms and Conditions” means these terms and conditions for Sponsoring of Digital Products;

 

“Website” means the website of the Digital Product; 

 

1. 1. Unless otherwise stated, a reference to a clause or sub-clause is a reference to a clause or sub-clause to these Terms and Conditions. Clause headings are for ease of reference only and do not affect the construction of these Terms and Conditions. 

   2. Unless the context otherwise the words “include” and “including” shall be construed as without limitation.

 

1. Conclusion of Agreement

   1. The Agreement will be concluded when Mobile Seasons receives the completed and counter-signed Term Sheet or any other written confirmation from the Sponsor setting out the material contractual terms and conditions of the arrangement agreed between the Parties in respect of the Sponsoring. With the signing of the Term Sheet or any other written confirmation setting out the material contractual terms and conditions agreed in respect of the Sponsoring, Sponsor accepts and confirms these Terms and Conditions as binding.  

   2. Sponsor has no legal claim to receive a Term Sheet or any other proposal for Sponsoring and/or any Supplement. 

   3. Any amendments or changes made to the Term Sheet or any other proposal for Sponsoring or (if applicable) for Supplement shall only be effective if expressly accepted by Mobile Seasons. The Term Sheet or any other proposal for Sponsoring or (if applicable) for Supplement can be revoked by Mobile Seasons at any time if it was created based on incorrect or incomplete information provided to Mobile Seasons.

   4. Changes or additions to the Term Sheet require the written consent of the Mobile Seasons.

 

1. Event Sponsoring

   1. If Sponsor and Mobile Seasons may have entered into an Event Sponsorship Agreement, this Agreement shall be considered as supplement agreement to the Event Sponsorship Agreement. This shall also apply in case the Event Sponsorship Agreement contains Sponsoring as part of the sponsoring package. 

   2. In the event of any inconsistency between the Terms and Conditions of this Agreement and the Event Sponsorship Agreement, this Agreement will prevail over any terms and conditions regarding the Sponsoring to the extent of any inconsistency.

 

1. Sponsoring Terms and Editorial Control

   1. Both Parties agree that Mobile Seasons editorial team will decide the overall creative scheme for any Sponsoring.

   2. Sponsor agrees and acknowledges that nothing in this Agreement entitles Sponsor to any decision-making power regarding the Editorial Content. Mobile Seasons editorial team may at its discretion choose to discuss the editorial direction of the Digital Product or (if applicable) any Supplement with employees or associates of Sponsor but all decisions regarding content and contributors remain the sole preserve of the Mobile Seasons editorial team. In the interests of editorial objectivity and quality, Mobile Seasons is unable to guarantee coverage of a particular editorial topic. The precise dates of any publication will be specified in the Term Sheet.

 

1. Non-Exclusivity
   Sponsor acknowledges and agrees that Mobile Seasons shall be entitled to conclude Agreements, Event Sponsorship Agreements or any other arrangement with any third party that might be competitor of the Sponsor. 

 

1. Sponsoring

   1. Sponsor shall submit a sample of the Sponsor Content for the Sponsoring to Mobile Seasons no later than 5 working days prior to the date that the Sponsor Content is envisaged to be published at the Website, Digital Product or (if applicable) in the context of any Supplement. 

   2. If the Sponsor does not provide the Sponsor Content within the five-days period agreed, Mobile Seasons shall not be bound by its obligations to provide Sponsoring. In this case, however, the agreed contractual obligation of the Sponsor (e.g. payment of the Fee) shall remain in force. This also applies if Sponsor does not provide Sponsor Content in a manner required for proper Sponsoring. 

   3. Mobile Seasons expressly reserves the right, without having the corresponding obligation to check, verify or audit the Sponsor Content, to refuse to publish any Sponsor Content or to subsequently remove or edit Sponsor Content if 

1. its content violates laws, regulations, or official orders; or

2. its content infringes the presumed rights of third parties; or

3. its content is objected by the German Advertising Council in a complaint procedure; or

4. publication or presentation is unreasonable for the Mobile Seasons due to the content, origin, and/or technical form. 

1. 1. “Unreasonable” within the meaning of clause 7.3 shall, in particular, include content and/or representation that violates the principles of the protection of minors, that is in any form discriminatory and/or offensive and/or refers to such content and representations, or which do not meet the quality standards usually expected for such content and/or representation in technical and/or qualitative terms, and for which it is, therefore, to be feared that Mobile Seasons will suffer not inconsiderable damage to its image, reputation or goodwill. 

   2. In the cases of clause 7.3, Mobile Seasons shall inform the Sponsor of the measures taken. Mobile Seasons shall not be responsible for the resulting delays in the provision of the Sponsoring or the resulting loss thereof. In such cases, the Sponsor shall not be entitled to claim any losses or damages.

 

1. Uptime

   1. In accordance with the following clauses 8.1 to 8.7, Mobile Seasons will provide the Sponsoring within the scope and time as well as in the medium agreed upon for this purpose. Mobile Seasons will provide Sponsoring in accordance with the technical standards normally expected for this type of agreed service provision and with the care expected for this purpose. However, the Sponsor is aware that it is not possible to offer completely error-free services in the field of digital media in accordance with the latest technological innovations. In particular, an error in the presentation of the Sponsoring does not exist if it is caused by the use of unsuitable presentation software and/or hardware (e.g. browser).

   2. Mobile Seasons does not guarantee the permanent and uninterrupted availability of the Digital Product, Website or (if applicable) any Supplement in which context the Sponsoring is provided, and therefore Mobile Seasons does not guarantee the permanent and uninterrupted performance of the Sponsoring. Mobile Seasons aims to achieve an average availability of the Sponsoring of 95% in relation to the agreed Sponsoring Period. Subject to the provisions of clause 8.3, the availability within the meaning of this clause 8.2 is calculated as follows: 

 

Availability = actual time/desired time * 100% 

Actual time = total time – total downtime

Desired time = total time

 

1. 1. When calculating the total downtime according to the above clause 8.2, the following times shall not be considered: 

1. Periods of unavailability due to internet disruptions beyond the control of the Mobile Seasons or other circumstances beyond the control of the Mobile Seasons, in particular, circumstances as a result of an epidemic or pandemic (such as Covid-19) or Force Majeure or another Comparable Event (see definition in clause 11.2);

2. Periods of unavailability due to planned maintenance work on the database system, the Website, or any other medium where the Sponsoring is provided; 

3. Times due to mandatory unscheduled maintenance work required eliminating malfunctions and errors; if possible, the Sponsor shall be informed by Mobile Seasons.

1. 1. Times of non-availability due to the fact that the technical requirements to be provided by the Sponsor are temporarily not met, for example, any malfunctions caused by Sponsor.

   2. If the Sponsoring is temporarily not possible due to a disruption in the communication networks of other operators or due to a computer failure at third parties (e.g. other providers) or due to incomplete and/or non-updated offers on so-called proxies (intermediate storage) or due to any other disruption outside the control of Mobile Seasons, Mobile Seasons´ right to claim to the fulfillment of Sponsor´s contractual obligations shall remain valid without any restriction. In addition, the limitations of liability for the Mobile Seasons in accordance with clause 12 apply.

   3. In the event of insufficient reproduction quality of the Sponsoring, for which Mobile Seasons is responsible, the Sponsor shall be entitled to claim error-free replacement of the Sponsoring, but only insofar as and only to the extent that the purpose of the image and text material has been impaired. If this form of replacement of the Sponsoring fails or is inappropriate, the Sponsor shall be entitled to a corresponding reduction in its payment obligation. In this case, however, the Sponsor may not be entitled to withdraw from this Agreement and/or to assert any further claims (e.g. losses or damages).

   4. Notification of defects by the Sponsor for identifiable defects or non-performance must be submitted to Mobile Seasons in writing within seven (7) business days of the provision of the Sponsoring. If the notification is not made within the seven-days period, the warranty rights shall lapse. This shall not be applicable if Mobile Seasons has fraudulently concealed the defect or has assumed a guarantee of the quality of the item or the success of the service.

 

1. Payment

   1. Sponsor shall pay the Fee plus (if applicable) value-added tax as set out in the Term Sheet. 

   2. Unless otherwise agreed, the payment of the Fee is due immediately in full (without deduction) from the day of signing the Agreement.

   3. If Sponsor is required by any law or regulation to make any deduction or withholding (on account of tax or otherwise) from any payment, Sponsor will, together with such payment, pay any additional amount as will ensure that Mobile Seasons receives, free and clear of any tax or other deduction or withholding, the full amount which it would have received if no such deduction or withholding had been required. 

   4. In the event of late payment, default interest of nine percentage (9 %) points above the respective base rate of the European Central Bank is due. Such interest will accrue daily from the due date until actual payment of the overdue amount, whether before or after judgment. Mobile Seasons reserves the right to prove higher damage caused by delay.

   5. If Sponsor fails to make any payments when due under this Agreement, Mobile Seasons shall have the right (in addition to any other available rights and remedies) to suspend the publication of any Sponsoring and (if applicable) any Supplement until payment is received.

   6. Objections to the invoice should be made in writing to Mobile Seasons within fourteen (14) business days. Mobile Seasons reserves the right to charge an additional processing fee of up to 50.00 EUR per invoice copy for any changes to invoices for which Mobile Seasons is not responsible.

 

1. Term, Termination

   1. This Agreement shall become effective upon the date of signature by both Parties. This Agreement terminates after the expiration of the Sponsoring Period.

   2. Subject to the cancelation policy of clause 11 (Force Majeure) any ordinary termination of the Agreement is ruled out.

   3. Notwithstanding clause 10.2 does not affect each Party´s right to terminate this Agreement by extraordinary termination (i.e. without notice and effective immediately) for good cause. Good cause for each Party shall be deemed to exist, if

1. the other Party commits any material or persistent breach of its obligations under this Agreement and shall fail to remedy such breach (if capable of remedy) within 14 days after being given written notice by the first Party to do so; or 

2. the other Party shall cease to carry on its business or shall have a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or shall pass a resolution for its winding up or a court of competent jurisdiction shall make an administration order or liquidation order or similar order, or shall enter into any voluntary arrangement with its creditors, or shall be unable to pay its debts as they fall due or any event analogous to the other occurs in any jurisdiction.

1. 1. Mobile Seasons shall also be entitled to terminate this Agreement immediately by notice in writing to Sponsor if:

1. Sponsor fails to pay any amount due under this Agreement on the due date for payment and remains in default seven (7) business days after being notified by Mobile Seasons to make such payment; or

2. Sponsor is in breach of its obligations under clauses 14.1, 14.4 or 15; or

1. 1. Sponsor shall be entitled to terminate this Agreement immediately by notice in writing to Mobile Seasons if Mobile Seasons is in breach of its obligations under clauses 14.3 or 15.

   2. If Mobile Seasons terminates this Agreement under clauses 10.3 or 10.4 above, 

1. Mobile Seasons is entitled to remove all Sponsoring from Digital Product, Website or (if applicable) any Supplement;

2. Mobile Seasons may cease any further Sponsoring; 

3. Mobile Seasons shall be released from any further obligations to provide Sponsoring or other Mobile Seasons´ obligations as set out in the Term Sheet.

4. Sponsor shall not be entitled to recover any Fees already paid to Mobile Seasons and will remain fully liable for any amount of the Fee still to be paid in accordance with the Term Sheet and clause 9. 

 

1. Force Majeure 

   1. If a Party (“Affected Party”) is unable to perform its obligations under this Agreement by reason of a Force Majeure Event or Another Comparable Event (as defined in clause 11.2), the performance of the Affected Party’s obligations under this Agreement will be suspended. The Affected Party shall not be liable for any failure to perform or delay in performing any obligation under this Agreement if this is caused by a Force Majeure Event or Another Comparable Event. If the Force Majeure Event or Another Comparable Event hinders, delays or prevents the performance by the Affected Party of its obligations under this Agreement for more than 30 days, either Party may immediately terminate this Agreement by written notice to the other Party (provided that the Force Majeure Event or another Comparable Event is still continuing on the date of that notice). In case of a termination due to Force Majeure Event, neither Party shall be liable for any costs and damages incurred as a result of the termination. 

 

1. 1. “Force Majeure Event” means any event whereby one Party (Affected Party) to the Agreement has been prevented from performing the Services due to an unavoidable event including natural disasters and their consequences, war, terrorist attacks, pandemics, endemics, the interruption or massive impairment of transport, supply, or telecommunications connections, whereas “Another Comparable Event” includes unforeseeable lawful strikes and lawful lockouts as well as other interruptions or disruptions of operations for which the Parties are not responsible.

 

1. Limitation of Liability

   1. Mobile Seasons does not guarantee that the agreed Sponsoring will achieve the effect intended by the Sponsor unless Mobile Seasons has made its execution more difficult or thwarted by a culpable breach of essential contractual obligations or by grossly negligent behavior. The Sponsor acknowledges that the Sponsoring agreed under this Agreement may be restricted by public law regulations. Mobile Seasons shall not be liable for damages in the event of restrictions arising from such regulations. 

   2. Mobile Seasons shall be liable for damages caused intentionally or through gross negligence by Mobile Seasons, its legal representatives, executive staff, or vicarious agents, irrespective of the legal grounds. 

   3. Mobile Seasons shall be liable for damages in the case of simple negligence, subject to statutory limitations of liability (e.g. care in own affairs), only

1. for damages resulting from injury to life, body, or health;

2. for damages resulting from the violation of an essential contractual obligation. “Essential contractual obligations” in this clause means obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the respective other Party may regularly rely. In the event of a breach of essential contractual obligations, the Mobile Seasons’ liability for damages in cases of simple negligence shall be limited to the amount of damages typically occurring and foreseeable at the time the Agreement was concluded. 

1. 1. Insofar as the liability of the Mobile Seasons is excluded or limited, this shall also apply to the employees, executives, vicarious agents, and legal representatives of the Mobile Seasons. 

   2. The exclusions and limitations of liability shall not apply in the event of injury to life, body, or health of persons caused due to negligence, the explicit assurance of characteristics, and in the event of liability under the German Product Liability Act (ProdHaftG).

 

1. Intellectual Property Rights

   1. Subject to clause 13.2, Sponsor acknowledges and agrees that Mobile Seasons shall retain as the legal and beneficial owner all Intellectual Property Rights of the Digital Product, Editorial Content, Mobile Seasons´ trademarks, (if applicable) the Supplement and all other work created by or on behalf of Mobile Seasons in the course of performing its obligations under this Agreement, and Sponsor hereby assigns to Mobile Seasons all Intellectual Property Rights in the same, which may arise either now or in the future, that may accrue to it as a result of entering into this Agreement and providing the services hereunder.

   2. Mobile Seasons acknowledges and agrees that Sponsor shall retain all Intellectual Property Rights in the Sponsoring, the Sponsor Content and no such Intellectual Property Rights shall be assigned to Mobile Seasons.

   3. For implementing this Agreement, Sponsor hereby grants to Mobile Seasons a limited, non-exclusive, non-transferable worldwide royalty-free licence to use Sponsoring and Sponsor Content and where necessary to link to the Sponsor’s websites for the purpose of carrying out its obligations under this Agreement including all purposes reasonably incidental thereto. Mobile Seasons shall be entitled for the purpose of this Agreement and limited to the Sponsoring Period to edit, copy, publish, display, and disseminate the Sponsor Content as well as to integrate and make them publicly accessible on Digital Product, Website, and (if applicable) Supplement. 

   4. Sponsor shall not use Mobile Seasons´ Intellectual Property Rights without Mobile Seasons´ prior written approval.

   5. If third parties assert an infringement of their rights using the Sponsoring and Sponsor Content, the Sponsor shall indemnify and hold harmless Mobile Seasons upon the first request from all claims of third parties, including claims for copyright and personal rights violations, infringement of patent, trademark, design, and utility model rights, in the event of culpable action. This shall also include any costs incurred by the Mobile Seasons for legal defense. The Sponsor shall immediately notify Mobile Seasons of any impairment of the rights covered by this Agreement. 

   6. The licensing according to clause 13.3 shall be compensated by the advertising effect generated by the publication of the Sponsor Content.

 

1. Warranties

   1. Each Party warrants and represents to the other that it has full power and authority to enter into this Agreement.

   2. Each Party warrants that it will not seek to associate itself with the other Party other than as permitted by this Agreement and it shall not represent to any third party that the other Party endorses it or its products and services nor hold itself out to any third party as representing the other Party.

   3. Mobile Seasons warrants that it will perform its contractual obligations (as described in the Term Sheet) using reasonable care and skill.

   4. Sponsor warrants and represents that 

1. Sponsor Content and any other advertising materials provided by Sponsor to Mobile Seasons under this Agreement shall:

   • comply with all applicable laws, regulations and codes of practice; 

   • not violate any competition, trademark, labeling, and name rights as well as other industrial property rights or copyrights of third parties;

   • not be in any way defamatory or libelous;

   • follow specifications and conditions prior communicated by Mobile Seasons for the Sponsoring 

1. Sponsor shall be authorised to grant the right to use the Sponsor Content, Sponsoring and any other materials provided to Mobile Seasons under this Agreement;

2. it will not do or permit to be done anything which may reasonably be interpreted by Mobile Seasons in any way as being prejudicial, detrimental or denigrating to Mobile Seasons’ brand or business;

 

1. Privacy and Data Protection 

   1. Each Party shall each be responsible for the processing of personal data in connection with this Agreement, in particular the contact details of and business communication with contact persons and other employees of the other Party, each in accordance with the EU General Data Protection Regulation (GDPR). In this respect, each Party is solely responsible for the lawfulness of the processing of personal data in its area of responsibility and for compliance with all applicable data protection laws, including the GDPR and the Federal Data Protection Act (collectively referred to as “Data Protection Legislation”). This includes compliance with the general principles of data protection law, such as in particular the principles of transparency, integrity and confidentiality, and the protection of the rights of the persons concerned. The Parties shall process personal data which has been transmitted to them by the other Party in compliance with the provisions of the applicable Data Protection Legislation. The transmission of any personal data shall be based exclusively on this understanding. 

   2. If the Parties grant employees or subcontractors access to the personal data transmitted to it by the other Party, they must also be informed by the Party using it of their obligations under data protection law, including under this Agreement, and must be obliged to maintain confidentiality. 

   3. The Parties undertake to provide evidence of compliance with the obligation under clause 15 of this Agreement at the request of the other Party. 

   4. To the extent that one Party transfers personal data to the other Party, it guarantees that it has collected such data lawfully and may transfer it to the other Party in the course of the performance of the Agreement and that the other Party may process it for this purpose.

   5. Should one Party violate legal regulations when processing personal data within the context of the execution of this Agreement, the violating Party shall indemnify and hold harmless the other Party against any third-party claims and reimburse all expenses and costs in connection with the necessary legal defence. Any statutory liability provisions that cannot be waived remain unaffected as well as the right of termination according to clause 10. 

 

1. Offsetting, Assignment 

   1. Offsetting against claims of the Mobile Seasons, the exercise of a right to refuse performance or right of retention is excluded, unless the Sponsor's claim has been legally established, is undisputed, or has been recognized by the Mobile Seasons. The Sponsor is only authorized to exercise the right of retention insofar as his counterclaim is based on the same contractual relationship. 

   2. This Agreement may not be assigned, transferred, sub-licensed, or charged by Sponsor without the prior written consent of Mobile Seasons. 

 

1. Confidentiality

The Parties are obliged to treat the mutual obligations under this Agreement as well as the entire content of the proposal confidentially towards third parties. Disclosure of any kind of contractual agreement to third parties is permitted only on the basis of mandatory statutory provisions, to safeguard the interests of one or both Parties worthy of protection, or with the prior explicit written consent of the other Party. This obligation shall continue to apply after the term of this Agreement.

 

1. Governing Law 
   The relationship between the Sponsor and Mobile Seasons is governed exclusively by German substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

 

1. Written Form 

To comply with the written form required for legal declarations in the following clauses of these Terms and Conditions, the transmission of a document in PDF via email shall suffice, provided that such document bears at least a simple electronic signature. A "simple electronic signature" shall be deemed to be a signature generated using signature software such as AdobeSign, DocuSign, HelloSign, D-velopSign, or a comparable provider, or a scanned handwritten signature. This shall also apply to the signing of the Term Sheet.

 

1. Place of jurisdiction
   If the Sponsor is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all legal disputes arising from or in connection with the Agreement shall be exclusively Berlin. 

 

1. Severability Clause
   If individual clauses of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions of these Terms and Conditions or the existing Agreement with Mobile Seasons. The Parties undertake to agree on other effective provisions in place of the invalid provisions which come closest to the economic purpose of the invalid provisions.