This document is the translated version of the original German-language agreement. In the event of any disputes arising out of or in connection with this agreement, in particular regarding its interpretation, the original German version shall prevail.
(1) These terms and conditions contain those between you and us, the
DWD Products GmbH, v. d. d. Managing Director Dorothea Utzt and Werner Hoier, Emilienstraße 9, 90489 Nürnberg. Email: firstname.lastname@example.org, Tel .: +49 911 148 799 210, Nuremberg District Court HRB37622, VAT ID: DE330238743
(hereinafter “DWD Products GmbH”)
exclusively applicable conditions, unless these are changed by written agreements between you and us.
(2) Changes to these terms and conditions will be communicated to you in writing or by email. If you do not object to this change within four weeks of receiving the notification, the changes will be deemed to have been accepted by you. In the event of a change in the terms and conditions, you will be separately advised of the right to object and the legal consequences of silence.
§2 conclusion of contract
You can purchase our app from the Google Play Store or the Apple App Store, and as part of this also select the respective remuneration model that you have chosen. For the purchase of the app via the Google Play Store or the Apple App Store, the respective conditions of the platform operators of Google or Apple apply, which can be viewed here:
Google Play Store: https://play.google.com/intl/de_de/about/play-terms/index
Apple App Store: https://www.apple.com/legal/internet-services/itunes/de/terms
§ 3 registration as a user
(1) To use our service, you must register as a user. Registration is free of charge, but requires that you are of legal age and have legal capacity. There is no entitlement to registration. To register, fill out the registration form on our app electronically. You will then receive a confirmation email to the email address you provided. This confirmation email also contains a confirmation link. Clicking this link completes the registration.
Your email address will be used as the username when you register. You also choose a personal password. You are obliged to keep the password secret and not to disclose it to third parties.
(2) Apart from the declaration of your consent to the validity of these general terms and conditions, your registration is not associated with any obligations. You can delete your entry at any time by sending us a request for deletion to [email@example.com] (mailto: firstname.lastname@example.org). Simply by registering with us there is no obligation with regard to the services we offer.
(3) If your personal information changes, you are responsible for updating it yourself. All changes can be made in the app after logging into your profile.
§4 right of withdrawal
You have a right of withdrawal. With regard to the conditions and legal consequences of the right of cancellation, reference is made to the cancellation policy in the appendix.
§ 5 rights to use the app
a) DWD PRODUCTS GMBH has all exclusive rights of use and other industrial property rights to the app “Juno” and is only authorized to exercise all property rights on the app. DWD PRODUCTS GMBH reserves all rights to the app, unless these have been expressly granted to the customer in these general business and license terms. Insofar as the app contains open source software, deviating from the present conditions, the license conditions on which the respective open source software is based apply. The customer can see in his profile in the app under the app version number which open source software was used when creating the DWD PRODUCTS GMBH app, and view and save the respective license terms.
b) Depending on which remuneration model you are keeping, money regarding the granting of rights to our app:
(1) free basic version
a) DWD PRODUCTS GMBH grants the customer the simple, non-transferable right to use the provided program and the provided updates in the object code as well as the other components of the app. There is no entitlement to use.
b) In particular, the customer is prohibited from reproducing, renting or leasing the app in whole or in part, translating, editing or otherwise redesigning the app or sublicensing the app. The customer is also prohibited from decompiling, disassembling or developing the app (“reverse engineering”),
(2) Premium monthly and Premium annually
a) DWD PRODUCTS GMBH grants the customer the simple, non-transferable right to use the provided program and the provided updates in the object code as well as the other components of the app for the stipulated contractual purpose for a limited period for the duration of the contract in accordance with the following provisions .
b) The customer is entitled to reproduce the app if and insofar as this is necessary for the intended use.
c) The customer is entitled to make copies of the app insofar as these are necessary to secure the future use of the app data backup and archiving.
d) The customer is obliged to inform DWD PRODUCTS GMBH of the number, storage medium and storage location of the copies made on request.
e) The customer’s authority to reproduce the program code under the conditions of Section 69 d (1) UrhG remains unaffected.
f) Other reproductions are not permitted.
g) revisions to the program; Decompilation
aa) The customer may not make any changes to the app, unless these are necessary for the intended use. Reworking is permitted if it is necessary to remedy a defect and DWD PRODUCTS GMBH is in default with the correction of the defect, DWD PRODUCTS GMBH refuses to rectify the defect without authorization or is unable to remedy the defect without delay for other reasons attributable to its area of responsibility .
bb) The customer may not commission third parties with measures under aa) who are competitors of DWD PRODUCTS GMBH, unless he can prove that the risk of revealing important business and trade secrets of DWD PRODUCTS GMBH (in particular the functions and design of the program) is excluded.
cc) The decompilation of the program is only permitted if the prerequisites and conditions specified in Section 69 e (1) UrhG are met. The information obtained in this way may not be used or passed on contrary to the provisions of Section 69 e (2) UrhG.
dd) Labels of the app, in particular copyright notices and brands or the like, must not be removed, changed or made unrecognizable.
(3) Premium lifetime
a) DWD PRODUCTS GMBH grants the customer a simple, unlimited right to use the software and the updates provided (hereinafter referred to as “license”). The license entitles the customer to install the software in the object code on an end device and to use it for the intended purpose.
b) In particular, the customer is prohibited from reproducing, renting or leasing the app in whole or in part, translating, editing or otherwise redesigning the app or sublicensing the app. The customer is also prohibited from decompiling, disassembling or developing the app (“reverse engineering”), unless the customer is entitled to do so under relevant mandatory copyright law.
c) All rights to the source code of the software are reserved exclusively by DWD PRODUCTS GMBH. The customer has no right to access the source code or to release the source code. Section 69e Copyright Act remains unaffected.
d) The license is non-transferable; this does not include the transfer of the program copy of the app downloaded by the customer if the customer makes the program copy installed on his end device unusable at the time of transfer.
§ 6 User content
a) Users can own or third-party content, such as Publish and upload images, videos and text (“user-generated content”).
b) You represent that you have the necessary permissions with regard to the content that you upload and that you do not violate the rights of third parties.
c) The content of the users must not violate applicable laws. No immoral, racist, pornographic, insulting or discriminatory content may be included. Likewise, the content may not contain any advertising (unless expressly permitted by DWD Products GmbH), refer to competitors of DWD Products GmbH, or be commercial in nature.
d) The user releases DWD Products GmbH from all claims resulting from a culpable violation of the above conditions. This also includes reasonable legal advice costs
§ 7 granting of rights by users
a) This will make our service available to you, and in particular may save the data and images you have uploaded, give us a non-exclusive, transferable content for the content that you upload to our service in accordance with the conditions specified in § 9 , royalty-free, worldwide license to use, reproduce and change. Except for the rights granted separately herein, you retain all rights, including intellectual property rights, to user-generated content.
b) Subject to the provisions of this paragraph, you can terminate this license at any time by terminating the agreements with us. However, we would like to point out that in order to maintain the operation of the services and for the purposes of information security, we have to make backup copies and that any content deleted by you may still be contained in such backup copies for a limited period of time.
§ 8 Warranty
a) If you use a free version or a test version of our app, warranty claims are excluded. This does not apply to claims from injury to life, limb and health, or which result from willful or grossly negligent action on our part.
b) Otherwise, the statutory provisions apply.
§ 9 limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer regularly trust. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
The above disclaimers do not apply to injuries to life, limb and health. Liability under product liability law remains unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of the art. DWD Products GmbH does not guarantee the availability of the app or the website. The user is advised that availability may be limited at times due to technical malfunctions or maintenance work.
(3) In addition, DWD Products GmbH is not liable for damage due to data loss if this could have been prevented by the user having made backup copies at appropriate intervals.
§ 10 final provisions
(1) Changes or additions to these terms and conditions must be made in writing or text. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany applies. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) If you were domiciled or habitually resident in Germany when the contract was concluded and either relocated at the time the action was filed or your whereabouts are unknown at this time, the place of jurisdiction for all disputes is the headquarters of our company in Nuremberg.
Consumer information and cancellation policy
If you order services and / or goods when visiting our homepage or within our app, we would like to draw your attention to the following:
(1) The language available for the conclusion of the contract is exclusively German.
(2) The essential features of the services we offer and the period of validity of limited offers can be found in the individual product descriptions on our website.
(3) The presentation of our services does not constitute a binding offer on our part. Only the order by you is a binding offer according to § 145 BGB. If this offer is accepted, we will send you an order confirmation by email. This concludes the contract between you and us.
(4) Any input errors when placing your order can be recognized in the final confirmation and corrected at any time using the delete and change function before sending the order.
(5) The prices given by us are final prices including taxes and shipping within the Federal Republic of Germany.
(6) The remuneration is due immediately with the order. Payment is made
(7) You have a right of withdrawal
(8) The data required for the execution of the contract between you and us is saved by us and is accessible to you at any time. In this regard, we refer to the regulation of data protection in our terms and conditions.
(9) For the rest, we refer to our general terms and conditions.
Cancellation policy for services
Right of withdrawal
You have the right to cancel this contract within fourteen days without stating a reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of cancellation, you must contact us (DWD Products GmbH, Emilienstraße 9, 90489 Nuremberg, Germany: email@example.com, Tel .: +49 911 148 799 210) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. You can use the attached sample withdrawal form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation deadline. Consequences of cancellation If you cancel this contract, we will have all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us) to be repaid immediately and at the latest within fourteen days from the day on which we received notice of your cancellation of this contract has been received. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
Cancellation policy for the purchase of goods
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post) to us (DWD Products GmbH, Emilienstraße 9, 90489 Nuremberg, Email: firstname.lastname@example.org, Tel .: +49 911 148 799 210) , Fax or email) about your decision to cancel this contract. You can use the attached sample withdrawal form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires. Consequences of cancellation If you cancel this contract, we have made all payments to you that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier, you have the goods immediately and in any case within 14 days at the latest to be returned or handed over to us from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods back before the period of fourteen days has expired. You bear the direct costs of returning the goods and the way the goods work is not necessary to deal with them