§1 Scope of application
(1) These terms and conditions govern the use of the Feat by Yona application (app). They apply regardless of whether the app is used free of charge or for a fee.
(2) Only the following terms and conditions apply between Imperium Apps GmbH (hereinafter “Provider”) and the user (hereinafter “User”) as amended at the time of use.
§2 Definition of terms
(1) The term “Feat by Yona App” refers to the programme entitled “Feat by Yona” sold under the name “Feat by Yona”. This programme can be installed and operated on devices such as mobile telephones, tablet PCs and other mobile devices.
(2) The terms “Consumer” and “Entrepreneur” correspond to the legal definitions in Sections 13, 14 German Civil Code (BGB). The User is thus the “Consumer” insofar as the use or purchase of the Feat by Yona App cannot be assigned primarily to the User’s commercial or self-employed professional activity. In contrast, “Entrepreneur” refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business or profession when using the Feat by Yona App or entering into the contract.
(3) “Market place” refers to the shops (stores) of Market place operators such as Apple (“App Store”) where the User can select and download the Feat by Yona App to be installed on the User’s device.
§3 Available types of use
The Feat by Yona App can be operated free of charge or for a fee. The app is always free of charge when installed – e.g. via the Apple Market places. Use for a fee always requires special, express consent by the User in the app (“in-app-purchase”, see below § 4).
§4 Use of the Feat by Yona App, in-app purchases
(1) The User can select and install the Feat by Yona App in the respective Market place. By installing the app, the User accepts these General Terms and Conditions.
(2) If the User would like to use the wide range of features offered by the pay version of the Feat by Yona App, the User can upgrade through the so-called “in-app purchase”. The upgrade mechanism may differ depending on the Market place platform; please refer to the respective Market place operator’s terms and conditions to determine the course of action required. The purchase contract is subject to the conditions of the respective Market place. Those conditions also determine whether the purchase contract is concluded between the User and the Market place or between the User and Imperium Apps GmbH.
(3) In-app purchases are billed by the respective Market place. The payment terms stipulated by the respective Market place operator apply.
§5 Warranty for defects of quality, guarantee
Provided that the purchase contract between the Provider and the User is effected, the Provider is liable for defects in the app in line with the applicable statutory provisions, particularly pursuant to the general provisions of Sections 434 et. seqq. German Civil Code (BGB). The warranty period for the app made available to Entrepreneurs by the Provider is twelve months.
(1) User claims to compensation for damages are excluded. This does not include a user’s claims to compensation of damages for injury to life or limb, health or damages caused by breach of material contractual obligations or liability for other damage caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.
(2) If material contractual obligations are violated, the Provider is only liable for the typical foreseeable damage if such damage was caused by ordinary negligence, unless the User’s claim for compensation of damages is based on an injury to life, limb or health.
(3) The limitations of sub-sections (1) and (2) shall also apply in favour of the Provider’s legal representatives or vicarious agents if claims are asserted directly against such persons.
§7 Instructions on right of withdrawal
(1) If the contract is entered into with the Provider (and not the Market place operator), the User has a statutory right of withdrawal against the Provider, as explained in detail under (2). Exceptions to the right of withdrawal are stated under (3). The sample withdrawal form is available under (4).
(2) Instructions on right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without reason. The period for the right of withdrawal amounts to fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must inform us (Imperium Apps GmbH [address, e-mail, telephone, fax]) in a clear statement of your decision to withdraw from this contract (e.g. by sending a letter by post, fax or email). You may use the enclosed sample withdrawal form, but this is not mandatory. The withdrawal deadline is deemed met if the letter stating your decision to use your right of withdrawal is dispatched before the withdrawal deadline expires.
Consequences of the notice of withdrawal
If you withdraw from this contract, we must return any and all payments that we have received from you without undue delay and at the latest within fourteen days from the day on which we received your letter stating your withdrawal. We use the same means of payment for this repayment as you used for the original transaction, unless we have explicitly agreed something else; under no circumstances will we charge you a fee for this repayment.
(3) The right to withdraw from any purchase made via the Feat by Yona App ends when the Provider has begun to perform the contract, i.e. has begun providing the payable functionalities of the Feat by Yona App after the User has expressly consented to the Provider beginning to perform the contract before the period for the right of withdrawal has expired, and the User has confirmed that it is aware that it loses its right to withdraw upon performance.
§8 Final provisions
(1) Contracts entered into between the User and the Provider are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the Consumer has its habitual abode, remain unaffected.
(2) If the User is an Entrepreneur, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider.
(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.