Deutsche Fassung hier
These General Terms and Conditions apply to the purchase of the App as well as the purchase of Premium Content that you purchase directly in the App (hereinafter referred to as In-App Purchase) of
Valley Path Software UG (haftungsbeschränkt)
Tannenweg 4
54426 Malborn
Tel: 0176 476 89097
E-Mail: [email protected]
Geschäftsführer: Hendrik Leidinger, Lea Gröber
hereinafter referred to as VPS.
2.1 The App provided by VPS is intended exclusively for consumers. Commercial use of the App is not permitted. Use of the App is permitted for entertainment purposes only.
2.2 Only persons who have reached the age of 18 or whose legal representatives have consented to the use are entitled to use.
2.3 By using the App, the User confirms that he/she is of legal age and capacity. If the User is a minor, he/she affirms the existence of the consent of his/her legal representative. VPS has the right, but not the obligation, to request written proof of the User's age of majority or the consent of his/her legal representative at any time.
2.4 As soon as a minor user uses the app beyond the age of majority, all contracts concluded in connection with this account before the user reaches the age of majority are deemed to have been approved, unless the user objects to the approval to VPS within two weeks of reaching the age of majority.
3.1 These Terms and Conditions may be viewed in the App Store and printed or saved on a durable medium before the User downloads the App.
3.2 VPS offers the App for Android devices via the Google Play Store (hereinafter referred to as the App Store). Therefore, it is necessary to create an account in the App Store. Afterwards, the download and installation of the app in the App Store is possible. By downloading, a contract for the free use of the app is concluded between the user and VPS. The corresponding licence and usage agreement based on these GTC is concluded for an indefinite period of time.
3.3 Both parties are entitled to an ordinary right of termination at any time with a notice period of two weeks, unless otherwise agreed in writing.
3.4 In the event of ordinary termination by the user or termination by VPS for good cause, no refund of fees paid will be made. However, VPS is entitled to continue to charge any outstanding fees for Premium Content already purchased.
3.5 In addition to the free use of our app, VPS offers additional paid content (hereinafter referred to as premium content). Such in-app purchases are processed via the App Store. For the purchase and use of such Premium Content, section 4 of these GTC and the terms and conditions of the App Store shall apply additionally.
4.1 The purchase of Premium Content is voluntary and does not restrict other use of the App. VPS will separately inform Users of the respective features of the in-app purchases prior to their purchase in the App.
4.2 The contract for additional premium content is only concluded when the user clicks on the "Buy Now" button in the shop area (the exact marking may vary depending on the App Store for purchases within the App). The contract is then accepted by VPS (or on its behalf by the respective App Store Service Provider) by sending an order confirmation email or by the actual provision of the corresponding Premium Content. Payment is made in advance when purchasing Premium Content.
4.3 A refund after the purchase of Premium Content can only be made to the extent of the consumer's statutory rights or the statutory right of withdrawal, subject to the relevant exclusions.
4.4 The prices for Premium Content displayed in the App Store and communicated in the order confirmation for the respective order shall apply in each case. They may vary depending on currency and country. The prices include the applicable statutory value added tax. Payment is made via the corresponding App Store. The terms of use and payment of the App Store as well as these GTC apply. In the event of a conflict between the App Store terms of use and payment and these GTC, the App Store terms of use and payment shall take precedence.
4.5 You are liable for all cancellations or chargebacks, e.g. due to insufficient funds in your account. The user is liable for costs that regularly arise as a result. VPS is entitled to collect these costs together with the original charge from the user's means of payment. In doing so, the user reserves the right to prove that no damage to the extent claimed has occurred.
4.6 In the event of a delay in payment by the user, VPS is entitled to block access to the app and to charge a statutory interest on arrears for the delayed payment, irrespective of the continuing payment obligation.
4.7 VPS may offer new Premium Content, modify existing Premium Content and discontinue Premium Content. Any Premium Content (virtual items) already purchased and removed from the app may continue to be used or replaced by new Premium Content during the transition period. Any further claims by the user are excluded.
4.8 All claims of the User in relation to Premium Content, in particular copyright, liability for defects and damages, are to be asserted against VPS (and not against the App Store).
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Valley Path Software UG (haftungsbeschränkt), Tannenweg 4, 54426 Malborn; e-mail: [email protected]; telephone: +49 176 47689097) 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 model cancellation form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy.
Your right of withdrawal shall expire prematurely if we have commenced performance of the contract prior to the expiry of the withdrawal period after you, as the user, have given your explicit consent to this and have confirmed your knowledge that, by giving your consent, you lose your right of withdrawal upon commencement of performance of the contract.
(If you wish to revoke the contract, please complete and return this form)
- To VPS UG (haftungsbeschränkt), Tannenweg 4, 54426 Malborn; e-mail: [email protected]:
- 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)
- Signature of the consumer(s) (only in case of paper communication)
- Date
___________
(*) Delete as applicable
6.1 You may not use software that exploits programming errors that result in the obtaining of Premium Content or other unintended benefits without the purchase of such Premium Content having been completed and the User thus being obliged to pay the consideration for such Premium Content. VPS reserves the right in the event of unjustified obtaining of Premium Content to delete or deactivate such Premium Content.
6.2 You may not use, purchase (other than from the App Store), sell or trade the Premium Content outside of the App.
6.3 VPS reserves the right to remove any Content that violates applicable law and/or these Terms of Use.
6.4 Violations of these TOS may result in termination for cause. In lieu of such termination, VPS shall have the discretion to take less drastic measures to enforce the provisions of these TOS. This may include, but is not limited to, imposing a temporary or permanent virtual home ban, warning the User, or temporarily or permanently removing the User from individual App features.
6.5 The User is obliged to regularly back up all data on the device on which the App is used in a hazard-appropriate manner.
7.1 VPS grants you a non-exclusive, non-transferable, non-sublicensable right to use the App for your personal use during the term of the Agreement. This includes repeated downloads to the devices linked to your respective App Store accounts. The user is not granted any exploitation rights. In particular, he/she may not distribute the app either digitally or in printed form, in whole or in part (Section 17 UrhG), make it publicly accessible (Section 19a UrhG) or pass it on to third parties in any other form. The decompilation, disassembly or reverse engineering of the app is prohibited, unless this is expressly permitted by law.
7.2 If you send feedback, suggestions and/or ideas (collectively referred to as "Feedback") regarding the further or new development of an App or a potential App to VPS, VPS may include this Feedback in its products and/or it may be included in further development, used as part of the product or otherwise published, processed, used and utilised. For all feedback provided by the user, the user grants VPS the permanent, simple, geographically unlimited, royalty-free, transferable and sub-licensable right to reproduce, process, distribute, deliver, publish (in whole and/or in part, in each case also in connection with processing) and otherwise use it by VPS. VPS is not obliged to respond to the feedback or to use or utilise it. The user waives all possible copyright claims in relation to the possible use and exploitation of the Feedback.
8.1 In the case of free service provision by VPS, there is no warranty claim and VPS is only liable for intent and gross negligence in accordance with the statutory provisions; VPS is only liable for defects if it has fraudulently concealed these.
8.2 In the case of paid services, the user's warranty claims are based on the statutory provisions, unless otherwise stipulated in this section 8.2.
8.2.1 A warranty exists only for the current version of the App.
8.2.2 VPS is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage to the life, body and health of persons.
8.2.3 In all other respects, the following limited liability applies: In the case of slight negligence, VPS is only liable in the event of a breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely (cardinal obligation).
8.2.4 Liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract, which may typically be expected to occur. This limitation of liability shall also apply in favour of our vicarious agents.
8.3 To the extent that VPS is liable for the loss of data under the foregoing, liability shall be limited to the costs that would have been necessary to restore the data if the user had regularly made appropriate backups of the data.
9.1 VPS reserves the right to amend these T&Cs and other terms and conditions in the future in accordance with this clause 9.
9.2 VPS will give you at least 4 weeks' notice in text form (e.g. by email) of any changes for necessary reasons, such as due to enhancements to the Services or changes to the App, changes in laws or case law, or other equivalent reasons that do not affect the parties' fundamental obligations to provide the Services. The user automatically agrees to the changes if he/she does not object to them within 4 weeks after receipt of the information. The objection period and the consequences of silence will be stated separately when the information is provided.
9.3 Changes other than those mentioned in 9.2 require the user's consent, which can be obtained the next time the app is started.
.9.4 If an objection is raised under clause 9.2 or consent is not obtained under clause 9.3, the User reserves the right to use the current version of the App. However, VPS may make the use of an upgraded version of the App conditional on the consent of the T&C changes.
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict of laws provisions.
10.2 The statutory place of jurisdiction shall apply to disputes with the User, insofar as the User has a general place of jurisdiction in the Federal Republic of Germany. If the User has moved away from Germany after conclusion of the contract or if his place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction shall be Trier.