GTC

General Terms and Conditions for the purchase of paid content via Appaxy

§ 1 Scope and provider

(1) These General Terms and Conditions apply to all orders placed with the online store of

Appaxy UG (haftungsbeschränkt)
Großenhainer Str. 98
01127 Dresden
Germany
Managing Director: Marvin Biedermann

(2) The terms of use regulate the range of goods offered in our online store to our customers who buy paid content. Our services and offers are provided exclusively on the basis of these General Terms and Conditions.

(3) The provider reserves the right to change the terms of use, services of the website and the prices of the service. The Provider will inform users of any changes at least 30 calendar days before they come into effect. If no objection is raised within 30 days of the new terms and conditions coming into force and the service continues to be used, the new Terms and Conditions of use shall be deemed to have been effectively agreed to.

(4) You can access and print out the currently valid General Terms and Conditions on our Website. The text of the contract will not be saved.

§ 2 Conclusion of contract

(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.

(2) By clicking on the button under "Order with obligation to pay" you submit a binding offer to purchase (§ 145 BGB / German Civil Code). Immediately before placing this order, you can check the order again and correct it if necessary.

(3) A purchase contract is only concluded when the payment process has been completed and you have thereby immediately activated the use of the purchased service for the intended period.

(4) If you have the technical requirements for use (smartphone and Internet), you will usually receive the online delivery immediately after payment. Since server problems and other technical difficulties are very unlikely, but can never be completely excluded, we give a maximum of 48 hours after payment as guaranteed delivery time.

§ 3 Prices

(1) The prices stated on the product pages do not include the statutory value-added tax due to the use of the small business regulation. For states outside Germany, other regulations may apply. In each case, the laws of the country concerned will be taken into account. There are no additional shipping, freight or delivery costs.

(2) All prices are given in Euro. If you use a different currency, you agree to pay the additional fee for the transaction.

(3) Only the prices that are displayed to the user in the overview before the confirmed purchase are authoritative. Any other information, especially prices, do not contain a binding offer and are subject to change. Deviating price information on third party websites shall not be binding in the relationship between the parties to the contract.

§ 4 Terms of payment and technical terms of use

(1) Depending on the platform, payment is made via one or more payment methods available to you. This may be, for example, payment by credit card, the app store or Paypal. When paying via these options, you agree to the respective conditions that are necessary for this. For example, in the order process of the online provider PayPal, you will be redirected to the website of Paypal and must be registered there or register, legitimize with your access data and confirm the payment instruction to us. We have no influence on the conditions of the respective payment options.

(2) The selection of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods.

(3) A functional technical device (for apps a smartphone) is required to use the service offered. An Internet connection (for download) is also required. You yourself are responsible for fulfilling these technical requirements.

(4) Your payment will probably first go to Paddle. Paddle then passes on the rest to us after a share payment for organizational services. You declare with the confirmation of the T&C that you as the buyer expressly agree to these terms.

§ 5 Terms and Conditions for Subscriptions

(1) User contracts refer to paid content as well as to options for free use (e.g. trial periods, freemium subscription). Each subscription form on our websites provides the respective booked service under the specified conditions (including any trial periods) after purchase.

(2) With the purchase, the customer agrees that the subscription will be automatically renewed monthly from the time of purchase until it is cancelled by the user.

(3) In order to exclude abuse, the user agrees to waive the right of cancellation as soon as the payment has been made.

(4) You may terminate the user agreement (subscriptions and, if applicable, other in-app purchases) at any time with immediate effect and without giving reasons. Click the button provided for this purpose on the account page and confirm the dialog. If you cancel the service only within 24 hours before the next due payment, the booking for a renewal can no longer be canceled. In this case, the service will be available to you for another month and the subscription will be terminated afterwards.

(5) A change to another subscription level can be booked at any time, in which case the current subscription will continue to be valid until the end of the month booked and will then be automatically converted.

(6) The Appaxy UG (haftungsbeschränkt) may terminate the user agreement with a notice period of two weeks.

(7) If a trial period is available, the term shall only apply after the expiry of the trial period if no notice of termination has been given beforehand.

§ 6 Revocation instruction

Expiry of the right of withdrawal

The right of revocation expires in the case of a contract for the delivery of digital content not on a physical data carrier, even if we have begun executing the contract after you

1. have expressly agreed that we shall commence with the execution of the contract

and

2. by agreeing to this contract, you have confirmed to us your knowledge and agreement that you lose your right of cancellation upon commencement of the execution of the contract (for details see §5).

End of the revocation instruction

§ 7 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB, German Civil Code).

(2) Only our own information and the product description of the supplier are binding for the performance of the goods, but not public promotions and statements of others.

§ 8 Prohibited activities

(1) You may not misuse the software that we provide to you as a provider for illegal activities of any kind. This applies to both paid subscriptions and free circumstances of use.

(2) Our available services are intended for non-commercial use by users. For security reasons, any use for or in connection with commercial purposes is initially prohibited for you. If you are planning such a use, please contact info@appaxy.de and describe your intention to request a written permission from us. The permission is valid if we explicitly allow you to use it from our e-mail address. We have the right not to give you this permission.

(3) If community activities already exist in connection with our service, offensive, sexist, racist, insulting or otherwise inappropriate statements of any kind are prohibited. What is perceived as inappropriate is up to us. Also, inappropriate usernames and linked content are prohibited. If necessary, we will initiate measures such as warnings or the blocking of the user.

(4) Criminally relevant statements such as threats of physical violence or harassment are strictly prohibited. If a member becomes a victim of such statements, he or she should report this to the local law enforcement authorities.

(5) Should the user be banned permanently, we will notify the user in writing by e-mail. There it will be determined bindingly at our discretion whether the suspension is temporary or permanently.

§ 9 Liability

(1) If damage is caused by the use of our service, Appaxy UG (haftungsbeschränkt) shall only be liable if the damage was caused by the contractual use and only in case of intent and negligence on our part.

(2) In the event of negligence on our part, Appaxy UG (haftungsbeschränkt) shall only be liable, subject to a lesser degree of liability in accordance with statutory provisions (e.g. for care in our own affairs)

a) for damages resulting from injury to life, body or health

b) for damages resulting from the not insignificant breach of a material contractual obligation

(obligation of which the fulfilment makes the proper execution of the contract possible in the first

place and on the observance of which the contractual partner regularly relies and may rely); in this

case, however, liability shall be limited to compensation for the foreseeable, typically occurring

damage.

The aforementioned limitations of liability shall also apply to breaches of duty by or in

favour of persons whose fault Appaxy UG (haftungsbeschränkt) is responsible for according to statutory

provisions. They shall not apply if Appaxy UG (haftungsbeschränkt) has fraudulently concealed a defect or has

assumed a guarantee of quality, as well as for claims under the Produkthaftungsgesetz (german

Product Liability Act).

§ 10 Alternative Dispute Resolution

(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

(2) We shall endeavor to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings.

§ 11 Data protection

Within the scope of this user agreement, we process your data in accordance with legal regulations. For accurate and up-to-date information, please read our Privacy Policy.

§ 12 Final provisions

a) Place of performance is Dresden, the registered office of Appaxy UG (haftungsbeschränkt)

b) Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Dresden, provided the user is a merchant. Appaxy UG (haftungsbeschränkt) shall remain entitled to bring or initiate legal action or other legal proceedings at the user's general place of jurisdiction.

c) Should one or more of the aforementioned provisions of this user agreement be invalid, the remaining provisions shall remain unaffected.

Status: [February, 2021]

For the preparation of these terms and conditions (originally in german language) a sample was used by HÄRTING Rechtsanwälte www.haerting.de