(2) Several versions of the app are available to users:
- Basic Version (Freemium):
o The user can select a total of three of the pre-set habits, for which he/she wants to
track his/her
abstinence
o The user shall receive a limited number of motivational quotes and affirmations
o The user can add a total of five motivational quotes to his/her favourites
o Access to the Basic Version, free of charge
- Premium Version:
o The user can select an unlimited number of the pre-set habits, for which he/she wants to
track his/her
abstinence. In addition to the pre-set habits, the user can also add further habits
o The user shall receive 365 motivational quotes, and further affirmations whereby
repetitions are
possible
o The user can add an unlimited number of motivational quotes to his/her favourites
o For the Premium Version, the following charges apply:
▪ Apple: EUR 4.99 (12-month subscription) or EUR 3.99 (6-month subscription);
▪ Android: EUR 3.99 (12-month subscription) or EUR 2.99 (6-month subscription)
(1) The granting of the right of use is dependent on registration by the user. For this
purpose, provision of an email address, and setting of a password are required. The app is
only
available for use on iOS and Android devices.
(2) The user is obligated to use the app solely for personal, non-commercial
purposes, on
his/her end devices.
(3) For the duration of the user agreement, the user is granted the
non-exclusive,
non-transferable right, temporally restricted to the terms of the agreement, to install the
app, within
the scope of the availability thereof, and to the extent provided by 50 Apps in each case,
on a mobile
end device, for example a smartphone or a tablet, owned by the user or legally placed at the
user's
disposal, insofar as it is supported by the app, and to use the app exclusively in
accordance with these
terms of use.
(4) The user shall be granted the right to duplicate the app provided, insofar
as the
respective duplication is required for the use of the app by the user (e.g. downloading,
installing the
app on the end device, loading the app). The user is not entitled to reengineer the software
or to use
the app for any purpose other than the intended purpose according to the agreement. In
particular, this
concerns the downloading of software from 50 Apps that depicts the app function – this is
not permitted,
and the user shall refrain from doing so.
(5) All rights to the App, with the exception of the rights of use granted by
these Terms
of Use, are the exclusive property of 50 Apps. The app and the rights thereto are protected
by copyright
law and international agreements on the protection of intellectual property.
(6) The user is permitted to make a copy of the app for backup purposes,
provided that the
end device on which the backup copy is stored is owned by the user or legally made available
to the
user. The user is obliged to take appropriate measures to prevent unauthorised access to the
backup copy
and the app by third parties.
(7) Use of the app is only permitted by the user, and for the intended purpose
(2.)
(8) The app is available 24 hours a day, seven days a week, except in the case
of Force
Majeure or the occurrence of any situation that does not lie within the influence of 50
Apps, and
subject to any downtime and maintenance work that is required for the smooth operation of
the app. The
software version of the app can be subjected to updates from time to time, in order to add
new functions
and services. Maintenance and/or updates can be implemented without prior notification of
the users.
4. Revocation Policy/Consequences of Revocation
(1) Users have the right to revoke this agreement within fourteen days of the conclusion
of the
contract, without the provision of reasons. In order to exercise the right of
revocation, the user
must notify LIVA:
50 Apps UG,
Represented by Amr Ahmed Hassanein Ahmed,
Alt-Tegel 6, 13507 Berlin
Tel: +49 15788505548
Email: wecare@soberway.app
Court of Registration: Regional Court, Charlottenburg
Registration Number: HRB 227156
VAT ID No: DE342063284
of his/her wish to revoke this agreement, by way of an unambiguous declaration (e.g. a
letter via
regular mail or email). For this purpose, a sample revocation form (Fig. 11.3) can be
used; however
this is not mandatory. In order to comply with the period of revocation, it shall be
sufficient
insofar as the notification of the exercise of the right of withdrawal is sent before
expiry of the
withdrawal period.
(2) In the event of a revocation, 50 Apps shall, without delay, refund all payments
received from
the user, including the delivery costs (with the exception of the additional costs
resulting from
the fact that the customer has chosen a type of delivery other than the cheapest
standard delivery
offered by 50 Apps), at the latest within fourteen days of the day on which the
notification of
revocation and any items provided have been received by 50 Apps. 50 Apps shall use the
same means of
payment for the reimbursement of the user, as he/she used for the original transaction,
unless
expressly agreed otherwise; under no circumstances shall the customer be charged any
fees for the
reimbursement.
(3) Should the user have requested commencement of the use of 50 Apps during the
revocation period,
the user shall pay a reasonable sum, corresponding to the proportion of the services
already
provided up to the time at which the user notifies LIVA of the exercise of his/her right
of
revocation, in respect of this contract, compared to the total scope of the services
provided for in
the contract.
(4) Sample Revocation Form
In order to exercise the right of revocation, users may use the following sample
revocation
form:
I/we (*) hereby revoke the contract concluded by myself/ourselves (*) for the
purchase of the
following goods (*)/the provision of the following service (*)
Ordered on (*)/Received on (*)
Name of the User
User's Address
User's Signature (only in the case of notification on paper)
Date
(*) Delete where inapplicable
5. Requirements in Terms of User Content
(1) Only legitimate user content (texts, images, etc.) may be posted on the app. No
violence may be depicted and
no sexually offensive content may be posted. It may not contain any discriminatory,
insulting, racist,
defamatory or any other statements or representations that are otherwise illegal or
immoral.
(2) User content and/or the posting thereof on the platform may not infringe on any
third-party rights (e.g.
rights to a name, trademark, copyright, data protection, personal rights, etc.).
6. Data Protection
(1) No personal data is processed, in the sense of the currently applicable data protection
regulations.
Specifically, because the data is anonymised, no collection, recording, organisation,
ordering, storage,
adaptation or modification, readouts, queries, use, disclosure by transmission,
dissemination, or any other form
of provision, matching or linking, restriction, deletion or erasure of personal data shall
take place.
(2) By subscribing, the user consents to the anonymous collection of information on the
frequency with which
he/she accesses content, in order to measure the level of acceptance of the app.
7. Warranty
50 Apps guarantees the usability of the app and its features, with respect to the cost-free
nature of the
service, exclusively within the framework of the version and scope provided by 50 Apps in
each case.
8. Disclaimer
The following shall apply in the case of any damages incurred by the user in connection
with the services
provided by 50 Apps and/or the use thereof:
(1) In the event of intent or gross negligence, the liability of 50 Apps and its legal
representatives or
vicarious agents shall be unlimited.
(2) In the event of a minor negligent breach of material contractual obligations,
liability shall be limited to
the material damage and financial loss attributable thereto, in the amount of the
foreseeable, typically
occurring damage, the occurrence of which the parties should have anticipated at the
time of conclusion of the
agreement, on the basis of the circumstances known to them at that time. Material
contractual obligations are
any obligations, the characteristics of fulfilment of which determine the agreement, and
upon which the user
regularly relies and is entitled to rely. In the event of a simple negligent breach of
an essential contractual
obligation, 50 Apps shall not be liable for any loss of profit.
(3) Any further liability for damages, excluding those for claims in tort, shall be
excluded, and the
above-mentioned limitations of liability shall not apply in the case of injuries to
life, limb or health, caused
by 50 Apps.
(4) The provisions governing liability do not include any change in the burden of proof
to the detriment of the
user, nor do they exclude any claims granted in these General Terms and Conditions.
(5) 50 Apps shall not be held liable for loss of data or damages in terms of the user's
personal data.
(5) 50 Apps shall not be held liable for loss of data or damages in terms of the user's
personal data.
9. Special Provisions Relating to Google, Inc. ("Google") and
Apple, Inc. ("Apple")
These Terms of Use are agreed between 50 Apps and the user, and not with Google or
Apple, as operators of the
respective app stores. Google and Apple are not obliged to provide support services,
remedy any material defects
or defects of title, or supply any other services for the app, on the basis of these
Terms of Use.
10. Term of Utilisation
(1) The term of utilisation of the app is unlimited. The use of the app can be
terminated at any time by
deleting the app from the end device.
(2) The term of agreement in the case of the paid Premium Version, shall be extended
indefinitely insofar as the
agreement has not been terminated by either party, one month before the end of the
term of agreement. Upon
extension of the agreement, the contract can be terminated by either party, subject
to a notice period of one
month, to the end of the month. Should the user not wish to extend his/her Premium
use, he/she must inform us
accordingly, of his/her wish to terminate the Premium use, subject to the
above-mentioned notice period, by way
of an email to wecare@soberway.de
(3) There is no specific form of termination of the agreement. For example, it can
be in the form of an email to
the email address provided in the site notice.
11. Notifications and Amendments
(1) To enable the user to receive push messages or other notifications in the
app, the following prerequisites
must be fulfilled: when installing the app, the mandatory setting, permitting
the app to send messages to the
user, must be selected. Furthermore, the user must be registered/logged into the
app with his/her end device and
have a reliable internet connection.
(2) 50 Apps reserves the right to amend the Terms of Use for the app, in part or
in their entirety, at any time,
in order to adapt them to changes in the services, technical developments and
legal or judicial developments, or
in the case of the introduction of new services. The terms of use that apply at
any given time are those that
are valid at the time of connection to and use of the app by the user.
12. Amendments and Supplements, Applicable Law and Court of
Jurisdiction
(1) Any amendments or supplements to these terms must be made in writing. § 305b
BGB (German Civil Code)
(Priority of the Individual Agreement) shall remain unaffected for individual
agreements in any form whatsoever.
(2) This contract is exclusively subject to German law, to the exclusion of the
UN Convention on Contracts for
the International Sale of Goods (CSIG). If the user is a merchant in the sense
of the German Commercial Code
(Handelsgesetzbuch), or a legal entity under public law, or a special fund under
public law, or if the user does
not have a general court of jurisdiction within the Federal Republic of Germany,
the registered head office of
50 Apps shall be the exclusive court of jurisdiction.