GENERAL TERMS AND CONDITIONS OF USE
§ 1 Scope
(1) These terms and conditions govern the use of the Flatify app. They apply regardless of whether the use is free of charge or against payment.
(2) In the relationship between AppMates UG (haftungsbeschränkt) (hereinafter “Provider”) and the user (hereinafter “User”), the following terms and conditions shall apply exclusively in the version valid at the time of use or at the time of purchase.
§ 2 Definitions
(1) Flatify App” means the “flatify” program distributed under the name “flatify”. This program can be installed and operated on cell phones, tablets and other mobile devices, among others.
(2) The terms “consumer” and “entrepreneur” are understood here in accordance with the legal definitions in §§ 13, 14 BGB. Accordingly, the user is a “consumer” insofar as the use or purchase of the Flatify app cannot be attributed predominantly to his commercial or independent professional activity. In contrast, “entrepreneur” is understood to be any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when using the Flatify app or concluding the contract.
(3) Marketplace” means the stores (stores) of marketplace operators such as Google (“Google Play”) and Apple (“App Store”) where users can select and download the Flatify App for installation.
§ 3 Usage Possibilities
The Flatify app can be operated free of charge or for a fee. When installed – e.g. via the marketplaces of Google or Apple – the app is always free of charge. A paid use always requires a separate, explicit consent of the user in the app (“in-app purchase”, see below § 4).
§ 4 Use of the Flatify App; In-App Sales
(1) The user has the option to select and install the Flatify app in the respective marketplace. With the installation, the user declares to be in agreement with these General Terms and Conditions of Use and Business..
(2) The use of the Flatify app requires the creation of a user account; for this purpose, it is necessary that the user enters his email address and a password.
(3) If the user wants to use the functionality of the paid version of the Flatify app, he can upgrade the app by a so-called “in-app purchase”. The way in which this upgrade can be made varies from marketplace to marketplace; the specific procedure can be found in the terms and conditions of the respective marketplace operator. The purchase contract takes place according to the terms and conditions of the respective marketplace. These conditions also determine whether the purchase contract is concluded between the user and the marketplace or between the user and AppMates UG (haftungsbeschränkt).
(4) In-app purchases are billed via the respective marketplace. The payment terms specified by the respective marketplace operator apply.
§ 5 Warranty for material defects, Guarantee
Insofar as the purchase contract is concluded between the Provider and the User, the Provider shall be liable for defects of the App in accordance with the statutory provisions applicable thereto, in particular in accordance with the general provisions of §§ 434 et seq. BGB. For entrepreneurs, the warranty period for the app provided by the provider is twelve months.
We do not accept any liability for server downtime customary in the industry, but we will work on a new version as soon as possible.
§ 6 Liability
(1) Claims of the user for damages are excluded. Excluded from this are claims for damages by the user due to injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the User’s claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
§ 7 Cancellation Policy
(1) If the contract is concluded with the provider (and not with the marketplace operator), the user has a statutory right of revocation vis-à-vis the provider himself, which is explained under (2) below. The exceptions to the right of withdrawal are regulated in paragraph (3). A sample withdrawal form can be found in paragraph (4).
(2) Cancellation Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you have to inform us (AppMates UG (limited liability), Waldstr. 65, 76133 Karlsruhe, email@example.com ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
(3) The right to cancel a purchase via the Flatify app expires when the provider has started executing the contract, i.e. providing the paid functions of the Flatify app, after the user has expressly agreed that the provider should execute the contract of the contract begins before the expiry of the cancellation period, and has confirmed his knowledge that he will lose his right of cancellation through his consent at the beginning of the execution of the contract.
(4) Sample withdrawal formFor a revocation, use the respective option in the Appstore and Playstore or use the following revocation form:
(If you want to cancel the contract, please fill out this form and send it back.)
– To: , firstname.lastname@example.org
– To: AppMates UG (haftungsbeschränkt), Waldstr. 65, 76133 Karlsruhe, Germany
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– email address of the consumer(s) registered with Flatify
– Signature of the consumer(s) (only in case of notification on paper)
(*) Delete where inapplicable
§ 8 Final Provisions
(1) Contracts between the Provider and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall 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 shall be the registered office of the Provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.