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(1) These terms and conditions govern the use of the Flatify app. They apply regardless of whether the use is free or subject to a fee.
(2) In the relationship between AppMates UG (limited liability) (hereinafter referred to as the "Provider") and the user (hereinafter referred to as the "User"), only the following terms and conditions in their current version at the time of use or purchase shall apply.
(1) "Flatify App" refers to the program distributed under the name "Flatify." This program can be installed and operated on mobile phones, tablets, and other mobile devices.
(2) The terms "Consumer" and "Entrepreneur" are understood here in accordance with the legal definitions in §§ 13 and 14 of the German Civil Code (BGB). Accordingly, the user is a "Consumer" if the use or purchase of the Flatify App cannot predominantly be attributed to their commercial or self-employed professional activity. In contrast, an "Entrepreneur" is any natural or legal person or legally responsible partnership acting in the use of the Flatify App or in the conclusion of the contract in the course of their commercial or self-employed professional activity.
(3) "Marketplace" refers to the shops (stores) of marketplace operators such as Google ("Google Play") and Apple ("App Store") where users can select and download the Flatify App for installation.
The Flatify App can be operated for free or subject to charges. During installation, for example, through Google or Apple marketplaces, the app is always free. Paid use always requires separate, express consent of the user within the app ("In-App Purchase," see section 4 below). 04) Use of the Flatify App;
(1) The user has the option to select and install the Flatify App on the respective marketplace. By installing, the user declares agreement with these General Terms and Conditions of Use.
(2) Use of the Flatify App requires the setup of a user account, for which the user must enter their email address and password.
(3) If the user wishes to use the functionality of the paid version of the Flatify App, they can upgrade the app through an "In-App Purchase." The manner in which this upgrade can be made varies from marketplace to marketplace; the specific procedure can be found in the terms of the respective marketplace operator. The purchase contract is concluded according to the terms of the respective marketplace. These terms also determine whether the purchase contract is between the user and the marketplace or between the user and AppMates UG (limited liability).
(4) In-App purchases are billed through the respective marketplace, and the payment terms specified by the marketplace operator apply.
If the purchase contract is concluded between the provider and the user, the provider is liable for defects in the app according to the applicable statutory provisions, especially the general regulations of §§ 434 et seq. of the German Civil Code (BGB). For entrepreneurs, the warranty period for the app provided by the provider is twelve months.
We do not guarantee for industry-standard server downtime, but we work to provide a new version as soon as possible.
(1) Claims for damages by the user are excluded. Excluded from this are claims for damages by the user due to injury to life, body, health, or the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary for the achievement of the purpose of the contract.
(2) In cases of violations of essential contractual obligations, the provider is only liable for typical, foreseeable damages if these were caused by simple negligence unless they concern claims for damages by the user arising from injury to life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(7.1) If the contract is concluded with the provider (and not with the marketplace operator), the user has a legal right of withdrawal from the provider, as explained below in (2). Exceptions to the right of withdrawal are regulated in (3). A sample withdrawal form is provided in (4). (7.2) Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (AppMates UG (limited liability), Schallmauerweg 52, 50354 Hürth email@example.com means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments received from you promptly and no later than fourteen days from the day on which we received notice of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
(7.3) The right to withdraw a purchase through the Flatify App expires if the provider has begun the performance of the contract, i.e., providing the paid functions of the Flatify App, after the user has expressly agreed that the provider may begin performing the contract before the withdrawal period expires and has confirmed their awareness that by giving their consent, they lose their right of withdrawal.
(7.4) Sample Withdrawal Form
To exercise your right of withdrawal, use the respective option in the App Store and Play Store
or use the following withdrawal form:
(If you wish to withdraw from the contract, please fill out this form and return it.)
(1) Contracts between the provider and the user are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory provisions, especially the laws of the state in which the user has their habitual residence as a consumer, remain unaffected.
(2) If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the registered office of the provider.
(3) If individual provisions of this contract are or become ineffective, the remaining provisions shall remain valid. In place of the ineffective provisions, if available, the relevant statutory provisions shall apply. However, if this would constitute an unreasonable hardship for one of the parties to the contract, the contract as a whole shall be deemed ineffective.