AGB.

AGB, Terms of Use, and Disclaimer

Sorry to everyone for this lengthy page. 

The paragraphs we recommend to read are the following two about Simulation Models, Formula and Support, full stop. 

However, since this is my first company and due to legal concerns where, to be honest, our programmers (me & you) don’t know much about really, there are a lot of formal disclaimers included so yes, you have found them.

As a matter of fact, Inventors like us seem to have some issues with law and order as a standard behaviour, or tradition (it all goes down to questions of definition of normality, itself… do inventors have a right to exist as well, or does everything have to be and stay as defined by normal behaviour and standardized rules, even if one guy or girl in the world says wait a minute, i got an idea here this is better), and i’m not saying we are better than you guys by any means. 

I’m just saying as being innovators, we have a right to exist as well, so you better convince us with a good argument in a minute. So if someone comes up with a good idea for this world, even from the smallest Island, and we can combine it with our idea, we’ll always change our path for the better. Maybe it’ll just take some time. Until then, you can use Dynamic Applications for many, many kinds of purposes as you want, but the main target is to help people learn thinking over time. As sustainable living for everyone follows from that.

The true Capitalist may find this a stupid remark and use our Apps for net profit maximization, and we may find that approach really helpful for the typical kind of people as stupid as that. Most of them will probably have big dreams of muscle cars, luxury, decadence and wealthy houses, as far as we’ve understood that so far. Exactly the reason why most of them won’t be very successful, lifetime. People who are targeting wealth can not reach their destination. And so they fail.

The true Communist may find our Apps really destructive, as they are much about fulfilling small people’s dreams, and that’s destroying their wonderful, idealistic world where we all must share and ever so many more rich people have to be robbed. So the Vision is we all have to do less. Oh, and as these people tend to feel a little inferior, considering that just a few people may see it a little different and target productivity, we all gotta be surveilled. Imagine if some of them kept anything they’ve built for themselves. Revolutions.

We say a good company lives longer than it’s inventor, as its idea was outstanding enough. Just my 2ct.

In being honest people, we try to deliver as good as we can, at a very attractive price. If there’s a way to choose, we usually take the hard one. No, wait. The promising one. So in 21st century, age of SocialMedia information, we deliver worldwide. What else could make anymore sense.

So I’m asking as in being an App developer, how can we do a legal App in 21st century at all, as long as they are not unlawful by a resolution of the United Nations?

Considering this, we just develop these Apps, as good as we can. Believe me, in being inventors, we think a lot about our Technology and its consequences. 

A true inventor is required to do so, as otherwise we’d lose any reason for existance, as we’d lose any sense in considering worldwide problems and how to solve them, altogether, and we try to change the world to the better. (Yes, there are those people, working on machines on purpose which won’t change the world to any better. We just wouldn’t call them inventors. Poor guys who haven’t understood (yet)). So that’s what we think about all the time from earliest childhood. We put the world in question 1st, and as soon as we understand the question, we hold the key. Then, we try to change it for the better. So we start to build our machine. And if you do it for years, believe me, there’s a pretty good chance to become better in even that. Solving complex problems over time.

I’m not saying we ever succeed. 

I’m saying we win courage from a good hearted vision, dedication, hard work, challenges, passion, and finally, outstanding performance.

and believe me, it feels damn good to know that we finally belong to the courageous, and we have finally found a good reason for what we target.

Changing this world for anything better than today.

Is it possible? – we say yes.

Me before i type our programs in, you before you vote, and i hope that some day, one honest lawyer will stand up and protect us from the potential aggressor, altogether, you and me (true Inventors tend to be a little unrealistic, at times, but it doesn’t mean our solutions are not useful, at all. Problem is you’ve got to understand how to use them, first. Before you can charge them right onto your Personal Computer, run them, and use them up to their full potential, as you haven’t seen anything like that, before. So that’s why you’re wondering what’s that guy talking about, here. Now you know. 

Don’t worry, other people have come here, and read this page before hitting the green button, before. At Dynamic Applications, we use to call this effect courage charging).

So it’s really for the lawyers and do they have a right for existance and have something to read and think about, in elaborated detail? – we say yes. Let’s hope some day legislation will have caught up and made publications on the Internet more secure not only for the reader, but also for the publisher. Doesn’t it seem completely illogical that in some countries of the western world, you can even be prosecuting by sharing other people’s wonderful work on your website, for free? – how much promotion can you ask for. If you wanted to keep it private and safe, why did you put it online in the International Network? – and i’m not saying we try to steal things and looking for a cheap excuse, here. I say we tried to keep to so many rules of so many countries, you wouldn’t believe. At some points though, this effort has become ridiculous, so we rather concentrate on doing something useful now, than wasting all our time.

Consider you may destroy the life of a father of a small family, living from small Freeware and Shareware-type applications, and occasional work as freelancer consultant (not that anyone has ordered anything in 2016, fyi). Only numbers constantly rising are SocialMedia Followers, Website Visitors, and Downloads per Month. So we collect faith and keep working. After some time, you’ll become a little better in what you do, you know. 

Although most if not all content on this website so far has been written and published by myself, in preparation for having a student, supporter, co-worker, secretary or other employee in future, most of it is written in the ‘we’ form, so we don’t have to rewrite the whole website in that case. 

At the moment, please consider ‘we’ as “me and the 1000 people on SocialMedia that help us on their way”, so it’s you and me, all together.

Thank you for reading the preamble. Following is about our conditions.

Martin Bernhardt, Founder of Dynamic Applications.


  • Simulation Models, Parametrization and Formula

Simulation Models and Theories about them, as expressed or explained in our blog or on our Website, are all purely subjective and personal creations and opinions about our world and its function. No harm intended. Feel free to comment anything we do, whether written on the website, into our software, or even a Tweet. We appreciate to see another point of view, even if completely different. We are interested in arguments. If you like something, rate it with stars, and a little nice word is always appreciated. We reserve the right to remove anything you write to us from our website at some point in future, as nothing is endless; however, due to the nature of our general idea, we do not intend to do so. If you have a problem with any message or content posted on one of our Websites or one of our SocialMedia accounts, please let us know. We’ll be glad about it.

Due to the nature of System Dynamics being a Top-Down Approach for analysis and understanding of complex system behaviour, all parameters and formulas we use for prototype models perform as sample configuration, only. Any requirement of adjustments to default formula or input parameters of our software will require an individual contract. Should you have expert knowledge and claim that any specific formula or parameter should be adjusted to be more precise or correct, this is welcome, so please let us know. We are grateful for any comment, and do our work as good as possible. As part of our principles though, please know that we don‘t consider such feedback as a description of defect. Instead, there is a user competition for new features. Formally spoken, all of our products are simply game models. We do not claim they fulfil any specific reason or meaning. 

Especially, the number of parameters and formula we use is limited, so to make our models not too complex for the interested visitor. Therefore, simplifications have been made on purpose of ease of understanding, and not every suggestion can be included in our standard applications. We can always make customizations on a professional basis, see our 2017 customer waiting list for more.

It is forbidden to use our software for any military purpose, as well as to rely upon our software in nuclear power plants, or in any other circumstances that may endanger the life of people. You agree to use anything we publish or send to you on your own risk, except where otherwise stated in written offering. We do everything as good as possible here, but there’s always the chance of a mistake. It is our intention to enable you, the user, to verify, understand, and parametrize our software, including model and purpose, to use them on your own behalf, and for the purpose of optimization of your business after verification.

We accept as description of defect any error you detect in the general formula system, i.e. our Differential Equation Solver algorithm as such. We guarantee its functionality to be correct. So what you see in the formula system, is what you get. We’re not saying it is necessarily what you want, but we are saying the calculations are mathematically correct to the best of our knowledge, in suitable precision, and correct enough for practical usage. 

If you use a pocket calculator to verify our software, and you should get different results, please let us know. We’ll do our best to get it fixed as soon as possible. Please don’t come up with 2-digit rounding issues when calculating a 1 Mio. Euro scenario for your company, and the numbers would not fit into the box. This software is about simulating the future.


  • Support, Simulation Ideas, Platform Bugs, Features, and Enhancments

If there is any other issue with running the software, please see the following resources, and vote for your topic of interest. It’s the desired way of requesting new features – a fair user competition. 

You’re welcome to tweet a new idea (mention @dynamic_idea), or a new issue for the roadmap (mention @dynamic_qs in your tweet). 

Have a look here, and pay with a tweet for whatever feature you want. Many have done, and we think it’s fair.

We’re always happy for constructive criticism, feedback and bug reports. 

Especially, we’ll accept bug reports and enhancement requests against our standard products.

Send any bug or enhancement for our software platform to @dynamic_qs. This is free.

Send any new idea of a big a small prognosis, amortization or nature simulation you’d like to investigate, to @dynamic_idea. This is free.

There is a user voting included.

We hereby confirm:

  1. we’ll work on that one idea in the next month, as soon as the most important bug is fixed, in R&D time (available research and development time, up to the full month if possible).
  2. as soon as it’s ready for release, we’ll offer your solution as a free Download on this website for one (1) month as a minimum.
  3. we’ll inform of new releases in our SocialMedia Newsticker, @dynamions, on Twitter. Join us there and stay tuned for publication of your winner’s feature.

We kindly ask to understand that we may not accept or prioritize any other defect for free, especially talking about un-documented features, ideas, desirements, that did not make it to the top of the list.

As long as documented features are concerned by an issue, we’ll take a look at it, of course. We’ll try to fix any issues in documented features as soon as possible. This concerns issues in the calculation engine or the general method of formula solving and value calculation.

Should there be a major defect prevent you from using our software, or other major issue that keeps you from using the software, and cannot be resolved within four (4) weeks of your first reporting to your satisfaction, we hereby give you a full money back warranty

In any case, refunds are limited at maximum to the full sales price of your application, including taxes. You have to inquire personally, per EMail or letter, about your request for refund.

If you don’t agree to these our feedback and support conditions, we recommend you look for some other company to help you on.

If you think our proposal sounds overall fair, but you’d like to engage with us requesting a specific customization, please refer to our 2017 customer waiting list, where you’ll find our conditions. 

For every customization we do, we reserve all rights on the sourcecode we’ve produced. This means we may or may not use parts of the sourcecode for other customers, or even decide to integrate it with our standard application. 

This way, our platform can grow over time, and customizations should become cheaper for everyone as the pool of solutions increases. Furthermore, in case your solutions are integrated into the standard, no need for paid, customized upgrades to the latest version for all those features anymore.

Finally, if we have programmed a solution once, we can do it again. It’s ridiculous to throw away our source code, and do it all again for the next customer.

At Dynamic Applications, our time is linited as well. We reserve the right to re-use our software as a whole, develop a better portfolio over time, and provide solutions on the best price we can do.

What now follows is really for the lawyers. 

Thank you for taking the time! You got any constructive suggestions, let us know. 


  • Limitation of liability for internal content

The content of our website has been compiled with meticulous care and to the best of our knowledge. 

However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages. Pursuant to Section 7, Paragraph 1 of the TMG (Telemediengesetz, a law in Germany), we as service providers are liable for our own content on these pages in accordance with general laws. 

However, pursuant to Sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, and we understand that law is any useful and shouldn’t be removed as well, we will remove the content in question as soon as possible. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.


  • Limitation of liability for external Links

Our website contains links to the websites of third parties (“external links”), for example, Social Media Websites. As the content of these websites is not under our control, we cannot assume any liability for such external content. 

Consider that this content may change over time, without our knowledge. How can we be responsible for that.

In all cases, we say the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will remove the link in question as soon as possible.

As for pictures, we love to use license free pictures. Almost all pictures on our website are either from us or from unsplash.com (creative commons cc0) at the moment, and we’re targeting 100%. As links may change, and we need some time to work as well, we prefer to upload copies of free pictures instead of linking to their source. 

Whoever claims that they are the source and it wasn’t free, please let us know. It’s always helpful to write a nice letter first and not charge 500 Euro on day one, as we reserve the right to use lawyers as well, in appropriate cases. 


  • Data Protection and Personal information

Our website can generally be used without providing any personal details. 

As far as personal details (such as name, address or e-mail) are collected on our sites, this will always take place on a voluntary basis (if possible for us and to our knowledge). These details shall not be forwarded to third parties. 

As far as a contract between you and us has to be defined or changed or if you need to make an inquiry to us, we collect and use personal information about you only to the extent necessary for those purposes (inventory data). 

We may collect, process and use personal data to the extent necessary to enable you to use our web offering (user data).

Personal data shall be stored only as long as this is required for the specific purpose (processing your request or contract arrangement, or having you as a customer).

A visit to our website may result in the storage on the WordPress.com server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. 

We would like to expressly point out that the transmission of data via Internet (e.g. by eMail or Download transfer) can offer security vulnerabilities, e.g. by secret services. We don’t know much about it, but things like that have happened. 

It is therefore impossible for us to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.

This Website may use cookies, which are part of the WordPress.com Theme or Website.

We don’t know much about it, however, here’s a link to their Cookies politics. We think this is completely useless information, it does not add any user value, and in my opinion this is really just for interested 20th century lawyers, however, in case you’re interested, here it is even for the fans of cookies.

https://de.wordpress.org/plugins/cookie-law-info/

We have no problem with sharing our own imagery or content when reporting about us on SocialMedia, or professional news, review, or testing Websites. 

This is 21st century and SocialMedia has been invented for that purpose. However, we feel not in a position to formally grant you any rights following from that. 

Therefore, formally and in case of question, any re-publication, duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors of the content, except where we have designed it all ourselves, and you use it for a purpose as described in our license and this AGB page.

The use by third parties of all published contact details for the purpose of advertising towards us is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information to us (massive spam mail or attacks). The content and work published on this website are governed by the copyright laws of the European Union.

The reason for this is really we can’t afford lawyers for all you guys in the world. So we don’t have a problem if you publish our apps, and use our pictures, our apps, or parts of our texts. Please don’t copy the website as a whole, we may defend us against it. All i’m saying is we tried to do things as good and fair as possible, but for your website or blog, you’re on your own risk.


  • Links to SocialMedia and 3rd party websites

If you continue to use or enter Twitter, Facebook, Google+, YouTube, LinkedIn, Xing, Eventbrite, Paypal, Microsoft App Store, WordPress, Wikipedia, or any other SocialMedia Network or 3rd party Website through one of our pages, please note that the copyright and data protection information on the respective service provider’s website may apply, especially when interacting with their service by means of links, buttons, or icons.

We do not claim ownership or responsibility for any links to external websites, and hereby inform you that such content may be changed anytime without our knowledge.

We do not claim ownership or responsibility for any comments or links posted in the comment articles on some of our articles. As soon as an infringement of the law becomes known to us, we will remove the link or content in question as soon as possible.


  • Data protection statement for the use of Google Analytics

WordPress.com as the Website service provider may use Google Analytics, a web analysis service from Google Inc., so just in case: Google Analytics uses “Cookies”, small texts stored on your computer and which enable you to analyse the use of the website. The information that the cookie generates on your use of this website will generally be transferred to and stored on a Google server in the USA. 

Only in exceptional cases will the full IP address be transferred to and stored on a Google server in the USA according to our knowledge. Google might use this information in order to evaluate your use of the website, to compile reports on the website activities and in order to provide the website operator with more services connected with the use of the website and the Internet. The IP address sent from your browser in the context of Google Analytics, to our knowledge, shall not be combined with other data from Google. 

You can prevent the storage of cookies by applying respective settings in your browser software. You may prevent Google from downloading, installing and processing the recording of the data created by the cookie and relating to your use of the data, incl. your IP address, by downloading and installing a browser plug-in via the following link: 

http://tools.google.com/dlpage/gaoptout?hl=de.


  • Data protection statement for the use of Twitter.com or Twitter plugins

This website also uses the web messenger twitter.com, provided by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. Twitter offers the “tweet”- function. This enables you to publish a 140 character message including website-links on your own twitter account. If you use the “tweet”-function on our website, the website will be connected with your Twitter account and eventually published there. 

Twitter also receives data. We do not get information on the content and data you use with twitter linked to your person, except when sending a tweet to us. 

Twitter is much about being as free as a bird, so what else do need to know.

For further information on data protection of twitter please refer to: twitter.com/privacy. Twitter also offers you the possibility to personalize your data protection settings:

http://twitter.com/account/settings.


  • Data protection statement for the use of Facebook or Facebook plugins

Our sites may include plugins to the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. The Facebook plugins are recognizable by the Facebook logo or the “Like-Button” (“Gefällt mir”) on our site. A summary of the Facebook plug-ins can be found here: developers.facebook.com/docs/plugins/

When you visit our sites, the plugin will create a direct connection between your browser, and the Facebook server. 

Facebook will then receive the information via your IP address that you have visited our site. If you click the Facebook “Like-Button” when you are logged onto your Facebook account, you can link the contents of our sites on your Facebook profile. Facebook can then attribute your visit to your user account. 

We would like to point out that we receive no knowledge of the content of the data supplied or their use by Facebook. 

More information on this can be found in the Facebook data protection statement under http://de-de.facebook.com/policy.php

If you do not wish Facebook to be able to attribute your visit to our sites to your Facebook user account, please log out from your Facebook account.

As we’ve elaborated in “The Desire Language Specification”, key page of our docs, Facebook has a historic root in the evaluation of people. Compare two people and connect to the nice one. 

At Dynamic Applications, we see the world in a completely different way. We give every human the value of 1. 

However, if you feel good about Facebook, this project is much about letting everyone have their own view, so you can continue to use Facebook if you want, and we’ve opened a small page there as well just for the fans. 

I’m not saying we support them, it’s more a tribute to those of you who have decided to go with Facebook and do not want to get a Twitter login, even though Twitter’s got the better idea and they keep earning less money from us, but try to provide better thought about value :)


  • WordPress.com Website hosting information

This Website is hosted by WordPress.com. This means that any contents or data you enter on this Website may be transferred to WordPress.com in the United States of America with or beyond our knowledge. There is a statistical evaluation included with WordPress.com which shows us the number of users visiting our Website or single pages, on a daily basis, up to the localization of your country.

Please refer to the PrivacyCopyright and Fair Use, and Policies and Safety sections on the WordPress.com Website for details about their service. We hereby state that these policies, especially regarding data transfer, cookies, embedded content, protection and copyright laws, will apply to our Website as being hosted on WordPress.com, as far as we know.


  • Right to information

You are entitled the right to request immediate and free of charge disclosure on the personal information that we have collected or stored at Dynamic Applications about or connected to you, at any given time. You are entitled the right to immediately withdraw your given consent for future usage of your personal information at any time. For your right of disclosure please refer to our contact details.


  • Protection against third party encroachment

Auf Grund der zuvor gemachten Zusage der Entfernung evtl. fraglichen Contents besteht keine Ver­an­las­sung, die Ver­let­zung fremder Rechte zu rügen.

Es fehlt an einem ent­spre­chenden Rechtsschutzbedürfnis. Wir berufen uns auf § 8 Abs. 4 UWG in Verbindung mit § 226 BGB, und behalten uns eigene rechtliche Schritte ggf. vor.

Reference:

http://m.faz.net/aktuell/feuilleton/medien/framing-urteil-ein-gespraech-mit-dem-medienrechtler-carl-christian-mueller-13239119.html

https://www.eff.org/press/releases/important-win-fair-use-dancing-baby-lawsuit


Gerichtsstand ist, soweit rechtlich zulässig, das Amtsgericht Lemgo.


  • Thank you

Thanks to unsplash.com for all their wonderful support: our major source of inspiration and photography. License free photos for the world. Welcome to 21st century, age of surplus information.

Special Thanks to Alex Wigan from Melbourne, Australia for his wonderful photography of a blue laguna in early morning.

Our Website is based on WordPress.com, a free software service.
Realized by a 2004 startup: Automattic, Inc. Congratulations, WordPress. A fine approach.

Excellence in customer orientation. Our measure as well.

Sorry for having you bothered with all that legal stuff, we’ve been advised to do so. We’ll keep your data as safe as possible. 

Should there be any requirements or complaints, please let us know and we’ll be thankful for the chance to answer your request in an appropriate way.