General Terms and Conditions of Use
1. General information
1.1 Scope of application
1.2 Contract agreement
Contract languages are German and English. The use of our services is prohibited to persons under the age of 13 or under the minimum age of the respective legal system unless a holder of parental responsibility has given its consent.
1.3 Download via App Store or Play Store
We are entitled to subsequently adapt and supplement the General Terms and Conditions of Use with respect to existing business relationships, insofar as changes in legislation or case law require this or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment of the Terms and Conditions of Use shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will give you the opportunity to make an express declaration during the period. If you object within this period, both we and you can terminate the contractual relationship extraordinarily, unless we continue the contractual relationship under the old general terms and conditions of use.
2. Service description
2.2 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
2.4 Delays in performance
Delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care and for which we are not responsible (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite the covering transaction), entitle us to postpone performance for the duration of the obstructive event.
The use of our App is free of charge for you.
4. Responsibility of the user
4.1 General information
You are solely responsible for the content and accuracy of the data and information you provide.
4.2 Data backup
You are jointly responsible for securing the information and data sent. We cannot be held responsible for the loss of your sent information and data as we do not provide a general data backup guarantee.
4.3 Health advice
Our App is not intended to diagnose, treat, cure or prevent disease. If you have a heart problem and/or other medical conditions, you must consult a doctor before using our services. If you use our services, you do so at your own risk. We are not responsible for any damage to your health resulting from the use of our service.
4.4 Notice of use
The use of our service is your sole responsibility. The accuracy of the data collected through our service is not comparable to such medical devices or scientific measuring instruments. We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of the information provided. Maps, directions or other GPS or navigation data, including data regarding your current location, may be unavailable, incomplete or inaccurate.
5. Usability of the services
5.1 Further development of the service/availability
We make every effort to adapt our services to current technical developments. We, therefore, reserve the right to change the agreed services. We are also entitled to partially or completely interrupt access to the App for the purpose of updating, maintenance or for other reasons. In addition, we reserve the right to discontinue the offered service in whole or in part, temporarily or permanently. In this respect, we do not guarantee that the services offered are available at all times and do not assure that the services offered or parts thereof can be made available and used from any location. Your warranty rights are not affected by this.
5.2 Technical requirements
The use of the App requires compatible devices. It is your responsibility to set or maintain the device in a state that allows the use of the App.
6. Copyright and rights of use
6.1 Rights of use and scope of use
Without our express consent, you are not entitled to transfer the rights of use granted by us to third parties against payment or free of charge or to pass them on to such third parties in any other way. It is also forbidden to change or edit the App without our express permission.
6.2 Copyright protection
The provided App is protected by copyright. All rights flowing from the copyright are reserved by us alone. The copyright includes, in particular, the complete program code, the structure as well as the appearance and design of the App.
Any modifying reproduction, distribution, modification, etc. is not permitted without express permission. In particular, the making of screenshots, copies and the download of graphics is prohibited.
We reserve the right to claim damages for any violation of the contractual license terms, especially in case of copyright infringement.
6.4 Limitation of the right of use
You are not allowed to use the application for any other purpose than the agreed upon.
6.5 Updates and Upgrades
We are entitled to change the application within the scope of (necessary) updates and upgrades. These changes are also subject to copyright protection.
7.1 Disclaimer of liability
We, as well as our legal representatives and vicarious agents, are only liable for intent or gross negligence. As far as essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability is also accepted for slight negligence. In this case, liability is limited to the foreseeable damage typical for the contract. In the case of grossly negligent violation of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, typical contractual damage.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the German Product Liability Act also remain unaffected by this exclusion of liability.
7.3 Data backup
We do not provide a general data security guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service, but we do not warrant that the stored content or data you access will not be accidentally damaged or corrupted, lost or removed.
8. Final provisions
8.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the CISG is considered as agreed.
8.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.