Terms of Use

LAST UPDATED AND EFFECTIVE: February 9, 2023

 

1. General Terms

These terms of use, together with the documents referenced herein (collectively the “Terms“) apply to the mobile applications of company “DataClue GmbH” and its brand “Plearny” (hereinafter each the “App” or the “Service”) which is available in the Google Play store for smartphones or tablets. The Terms is a legally binding Agreement and apply to any person (hereinafter referred to as the “User” or jointly referred as the “Users”) using the App by entering an e-mail address or through the single sign-on of Facebook or Google, in the App’s dialogue window or menu item provided for this purpose. Please read the Terms carefully before using the App. The Terms are governed by the terms of this Agreement and any amendment thereto or additional purchase thereunder. The conditions of this Agreement shall apply to all upgrades, updates, changes, and amendments to the App or Service (“updates”) and to all services and information available through the use of the Service unless other separate agreements which then take priority are reached for these items.

This Agreement shall become effective when the User clicks on the “AGREE & CONTINUE” button during the account creation process (the “Effective Date”) and by doing so, User agrees to be bound by the terms of this Agreement.

These Terms constitute an agreement, which shall also include the privacy policy (“Privacy Policy”) by and between Plearny and DataClue GmbH (collectively the “Plearny” or “Company” or “we” or “us” or “our”) and any individual user (the “User” or “you” or “your”) that uses or accesses the App or Services (defined hereinafter).

The Company reserves the right in its sole discretion to update and change these Terms and the Services at any time, and any new services, features or tools which are added to the current Services shall also be subject to the Terms. You are advised to review these Terms from time to time for updates and changes that may impact you. Any use of the Services after such updates and changes will mean that you acknowledge and accept them. You can always review the last updated version of the Terms at https://plearny.io/terms-of-use/. Please also review from time to time our Privacy Policy at https://plearny.io/privacy-policy/.

E-mail: support@plearny.io

2. About the App

The App shall be used to present further gaming applications of the Company (hereinafter the “Preset Apps”) and enables the User to participate in a reward or bonus program for the active use of the Preset Apps. The User can earn virtual in-game currencies (in the following “Coins”) by playing games via the App which may be redeemed against gift cards, premium payment or other rewards, if the User interacted regularly with third party promotions or advertisements. The App offers Users the possibility of collecting Coins for the use of the Preset Apps. The Preset Apps for which Coins can be collected, the number of Coins which can be earned per App and the time and content limitation of special offers or special campaigns relating to individual Coins and rewards are established solely by the Company and can be changed by the Company at any time without giving notice or reasons. The User has no legal entitlement in this respect.

 

3. Registration/Sign up

The usage of the App requires the registration as well as the set-up of a user-account on the App or via Facebook or Google log-in. The User must fill in all required fields in the sign-up sheet truthfully and completely. By clicking on the button the User agrees to the Terms as well as data protection regulations of the Company which are valid at the time of registration.

There is no legal entitlement for using the Services provided by the Company. The Company has the right to stop or deny any registration without giving the User any notice or reasons.

At the time of sign-up, the User must be at least eighteen (18) years old and fully contractually capable. In case of doubt, the Company is entitled to ask the individual User to submit documentary evidence of age and/or contractual capability. By using this App, the User warrants that the User is at least eighteen (18) years of age and may legally adhere to this Agreement. The Company assumes no responsibility for liabilities related to age misrepresentation.

The User is entitled at any time to delete the data saved by him/her in his/her account on the basis of the availability of the online applications. In order to access, modify or delete the data of the User, an e-mail to support@plearny.io shall be sufficient with the help of the User‘s e-mail address stored in the account.

 

4. Account & Eligibility

Some of the Services require that you sign up for a User account. Only one (1) User account may be set up per User. Only users eighteen (18) years or older are permitted to register for a User account. Transferring or selling a User account to third parties for their own purposes is strictly prohibited. By using the Services, you represent and warrant that (a) all information you submit to the Company is truthful and accurate; (b) you will maintain the accuracy of all such information; (c) you will uphold and respect these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; and (e) you will safeguard your account information and will supervise and be completely responsible for any use of your Account by you and anyone other than you. Your account may be deleted without notice at the Company’s sole discretion if we believe that you violate any of these Terms.

Some of the Services that we provide require that you enable the “Display of Other Apps” option. Enabling this option will allow us to better understand the types of games you prefer to play so that we can suggest to you other similar games. You will receive a written notification if you need to enable this option.

Some of our Services that we provide allow for a “Guest” or “Continue as Guest” option allowing restricted access to the Service. We reserve the right to modify restrictions applied to certain features when accessing the Service through a Guest option. You will not have full, unrestricted access to all features of the Service without completing a sign up for a User account.

 

5. User Conduct

The User may only set up one account in the App. It is prohibited to create multiple accounts or transfer or sell a User account to third parties. You are not allowed to use a virtual private network (“VPN”), proxy or any other means to obscure the true source of traffic when using the Services. You are not allowed to use any other electronic means such as an internet bot or web robot to generate automated views, clicks or conversions or employing any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues when using the Services. Any User activity that uses a VPN, proxy or Bot will be considered as fraudulent activity and will be blocked by our fraud prevention system. The use of a VPN, proxy or Bot can cause your device to be permanently blacklisted and your User account to be either suspended or terminated in Company’s sole discretion.

The Company reserves the right in its sole discretion to indefinitely ban any user found to be using an autoclicker program or any software that allows a user to falsify data relating to their phone’s input, or that allows them to appear to be using their phone when in reality they have left it idle.

‍The Company reserves the right in its sole discretion to indefinitely ban any user found to be accessing the App through an emulator of any kind, regardless of the platform on which the emulator is being used.

‍The Company reserves the right in its sole discretion to indefinitely ban any account associated with software that can be used to modify games, or software that can unlock in-game content for free that would otherwise need to be purchased.

‍The Company reserves the right in its sole discretion to indefinitely ban any account associated with disposable email addresses that automatically forward messages to an alternate address, or that can automatically visit and open verification links that are sent to them.

‍The Company reserves the right in its sole discretion to nullify all units earned on any account that has been banned, and to disable the redemption of rewards on all banned accounts, regardless of the reason for which the account was banned.

‍The Company reserves the right in its sole discretion to indefinitely ban any user found to be using a rooted device or any device for which the user has been granted root access or privileged control. Rooted devices are not supported devices and may at any time be blocked from us.

‍The Company reserves the right in its sole discretion to reject any gift card purchase request issued from an account associated with a rooted device, or from any account banned for fraudulent activity.

The Company reserves the right in its sole discretion to indefinitely ban any user account created by an individual under the age of eighteen (18).

The Company reserves the right in its sole discretion to indefinitely ban any account that appears to be using, downloading or accessing the App fraudulently. This includes but is not limited to users who download the App through a means other than the Google Play store, users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users unable to complete the face verification or phone verification processes for fraud verification purposes, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn units through any means other than playing games.

Users are prohibited from accessing the Company App on any device other than an Android mobile phone or tablet and doing so can result in an account ban or rejection of an order.

 

6. Term

This Agreement will remain in full force and effect while you use the Services and/or have a Company account (the “Term”). You may stop using the Services at any time, for any reason, by uninstalling the App from your mobile device. The Company may terminate or suspend your account at any time without notice if the Company reasonably believes that you have breached this Agreement. After your account is terminated, this Agreement will terminate, except for the provisions of the sections 11, 12, 13, 14, 16, 17, 19, 20, 25 and 26.

Upon termination of this Agreement, User shall discontinue its use of the Services. However, termination of this Agreement by the Company shall not limit User’s obligation to pay any outstanding fees, if applicable, nor restrict Company from pursuing any other remedies available to it, including injunctive relief.

‍

User agrees that following termination of User’s account and/or use of the Services, the Company may immediately deactivate User’s account and delete User data and accumulated rewards. User further agrees that the Company shall not be liable to User nor to any third party for any termination of User access to the Services or deletion of User data. The foregoing shall not apply if such termination or deletion is attributable to the Company’s gross negligence or willful misconduct.

 

7. Coins

Coins achieved by playing games in the App may be redeemed against gift cards, premium payment via PayPal or other rewards. The Company does not reward for User’s time spent in App but rather for real gametime by User. Leaving the App open does not constitute gameplay including regular interaction with ads. Coins are earned per person and per Google Advertising ID only. If a User changes his/her Google Advertising ID or a User creates and/or uses more than one account he/she may be blocked/deleted and his/her Coins forfeited at the Company’s sole discretion.

The User can choose the rewards in the rewards shop of the App. The User can select any reward provided by the Company for which he/she has collected a sufficient number of Coins, unless stocks of the selected reward are exhausted. Further, payment may be limited or withheld in cases where the User has not sufficiently interacted with third party promotions or advertisements and/or if the User’s activities in the Company apps are unusually low. The Company guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular reward.

The User can redeem Coins, subject to the remaining provisions of these Terms by clicking the “Cash Out” button in the App.

To redeem Coins, the following points need to be fulfilled. The User needs a certain minimum amount of Coins to be further specified by the Company. The User has no right to redeem the Coins in the account, and the Company has no liability or obligation to offer rewards as long as the User has not accumulated at least the minimum amount of Coins in the User’s account required by the Company. Further restrictions may apply as set above. Users can redeem their Coins for particular rewards according to an exchange rate established by the the Company for each reward. The applicable exchange rate is that of the time of the redemption of the Coins.

The rewards cannot be redeemed for cash or in any way resold, exchanged or returned for a cash refund, unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. The Company is not responsible for any valid reward which User is unable to redeem due to their age, situation, or country of residence. The Company is not responsible for any lost, stolen, or malfunctioning rewards except when it is caused by the gross negligence or willful misconduct of the Company.

Welcome Bonus / Sign-Up Bonus / Welcome Credits / Sign-Up Credits: Users can, but don’t have to, be entitled to a welcome bonus of a varying amount of Coins. The amount can vary based on a range of factors including but not limited to the geographic location of the User. The real money value of these welcome credits may also vary based on a range of factors such as but not limited to the geographic location of the User.

The actual payout of the sign-up credit is dependent on overall engagement with the App and the reaching of the minimum Coin threshold, as determined by Company in its sole discretion. The same conditions as for overall payout apply.

For certain reward options, the User must specify his/her payment details in connection with the payment of the rewards (bank details, e-mail address, address and user name for his/her online account, if necessary).

A request of redemption of Coins will usually be processed within twenty (20) business days after the receipt of the written request, provided that the User has used the App according to the full Terms of the Company. Extraordinary circumstances may cause the transfer to take longer than twenty (20) business days.

The Company also reserves the right in its sole discretion to require additional information from the Users to ensure that they are not fraudulently using Coins or other items. The Company reserves the right to place any exchange of Coins in real prizes on hold / stop, for whatever reason, until the requested information has been made available by the User. A reasonable time shall be given to the User to provide the required information. If the User does not submit the required information, his/her account may be blocked until all requested information has been submitted. If any fraud or other breach of the Terms is detected, the Company reserves the right, in its sole discretion, to take further legal action against this User.

Coins shall automatically expire one (1) year after they have been credited to the User’s App account, unless they have been previously redeemed against rewards.

For all users eighteen (18) years or older, when redeeming a reward through our shop, we may verify your face using a third-party face verification technology. We use this information exclusively for the purpose of fraud prevention and to ensure that prizes are not earned through bots, automated processes or fraudulent use of software. We will use your video selfie exclusively for fraud prevention. Upon redeeming a reward from our shop, you will be prompted to provide a video selfie using your mobile device’s camera. This video selfie provides us with a face map.  This video selfie is encrypted on your mobile device before being sent to our servers for processing, and is linked to your user account to ensure the uniqueness of your user registration within the App. If you do not want to redeem rewards through the shop, you can continue to use all other features of the App without providing a video selfie. For more information, please refer to our Privacy Policy available at https://plearny.io/en/privacy-policy/.

 

8. Donations

An opportunity to redeem a number of Units for a donation to be made by the Company to a charitable and/or other not-for-profit cause or organization may be made available from time to time to User via the App (each a “Donation”). User agrees that if User chooses to redeem Units for such a Donation, that all applicable terms presented in the App for such Donation shall apply in addition to these Terms and that User’s Units will be reduced as per the applicable terms of such Donation. Each and every Donation will be made by the Company Users who redeem Units for Donation through the Company are not eligible for a tax receipt. The Company is unable to refund Units once you have accepted to redeem Units for a Donation.

 

9. Inactivity

The Company reserves the right to delete without prior notice any account which has been inactive for a consecutive period of one hundred eighty (180) days. An account is deemed inactive when: (i) no Units have been redeemed or credited; (ii) no new referral sign-ups have occurred using the account’s referral link; (iii) there has been no access or attempt to access the Services. If the account contains any Units or Rewards, they will be considered void without notice.

 

10. Contests

The Company may from time to time launch certain contests (each one a “Contest”) available to certain Users from the App. Contests are only available only in jurisdictions where applicable laws permit them, so you may or may not be able to participate in any Contest depending on your jurisdiction. Each available Contest will be subject to such Contest’s own terms and conditions (“Contest Terms”) which will apply in addition to these Terms. For each applicable Contest, please read the Contest Terms fully and carefully before participating. Each Contest is sponsored by the Company and the Company reserves the right to cancel, suspend, withdraw, or amend such Contest or the Contest Terms of a Contest in any way and in its sole discretion, without prior notice. It is the Contest entrant’s (the “Entrant”) responsibility to check the Contest Terms periodically for changes. An Entrant’s continued use of or participation in a Contest following the posting of any changes to the Contest Terms constitutes acknowledgement and acceptance of those changes.

 

11. User fees; In-app Purchases

The use and registration of the App is free of charge. The Company reserves the right in its sole discretion to charge fees in the future for individual features. This may occur in particular, though not exclusively, for the activation of additional features within the App or the purchase of Coins for further use in the App.

To purchase and use such additional features or Coins, you need a Google Play account. In this case, the terms of sale of Google Play shall apply.

User agrees to pay to the Company any fees for each Service that User purchases, uses, or subscribes to in accordance with the pricing and payment terms presented by the Company for such Service. Where applicable, you will be billed using the billing method selected by the User at the moment of purchase. The Company refunds as prescribed in the applicable law, and for more details, please refer to the respective webpage for sales.

 

12. Rights of use / License

The User’s rights are exclusively described in the Terms.

In general, all content, information, pictures, videos, databases are protected by copyright and are ordinarily owned or licensed by the Company.

All content of the App must be used for private purpose only. The User must not use or duplicate any content for commercial purposes. Forwarding content is not allowed without the explicit written consent of the Company.

During the Term, the Company grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services on the terms set forth in this Agreement. User agrees that all rights, title, and interest in and to all the intellectual property rights in the Services, and all modifications, extensions, scripts and other derivative works of the Services provided or developed by the Company are owned exclusively by the Company or its licensors. All rights not granted to User in this Agreement are reserved by the Company.

 

13. Intellectual Property

The Services contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under copyright laws. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User grants a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content the User uploads and publishes, if any. For issues regarding intellectual property claims, the User should contact the Company in order to come to an agreement.

 

14. License Restrictions

User shall not (i) create an Account or access the Service if they are under the age of eighteen (18); (ii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (iii) distribute viruses or other harmful or malicious computer code via or into the Services; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services such as recording, posting, or transmitting any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights; (v) remove any product identification, copyright or other notices from the Services; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) use the Services for any use other than User’s internal business use; (xi) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. The Company retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives, and improvements thereof and all related documentation and materials.

 

15. Advertisement and Product Promotion / Third party services

Entirely in its sole discretion, and subject only to its editorial policy for each App, The Company may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.

The Company is not responsible for the third party products or services so displayed.

The Company may recommend, provide you with access to, or enable third party software, applications, products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and download, purchase, access, or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third-Party Services offered through the Services or the App is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider. These limitations shall apply even if the Company has been advised of the possibility of such damages.

 

16. User data / Privacy Policy

The Company collects and uses data provided by the User for the purpose of processing the User contract made between the User and Company.

Data protection is important at the Company. The Company collects and treats User information in accordance with its Privacy Policy available at https://plearny.io/privacy-policy/.

 

17. Confidential Information

The Company and User shall each retain in confidence all information received from the other party pursuant to or in connection with this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information“), and will make no use of such Confidential Information except as necessary to fulfill their respective obligations under the Terms and during the Term of this Agreement. The Company may collect some Confidential Information from User which includes, without limitation, their name, email address, age, gender, profile picture, social media profiles and payment information. The restrictions set forth above will not apply to (i) information previously known to the receiving party without reference to the disclosing party’s Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party or its affiliates, (iii) information that is independently developed by either of the parties without access to the Confidential Information, or (iv) information required to be disclosed pursuant to applicable law.

 

18. Warranty

The App (including, without limitation, all content, programs, tools, and applications related thereto) are provided on an “As Is” or “As Available” basis and Company does not provide any assurances of the availability or usability by you of the App. Online services provided are usually available twenty-four (24) hours a day. The Company provides no guarantee that the App and the Services and functions operate properly and are available without interruption and errors at all times. The User must ensure User has an adequate Internet connection. The User is aware that, like any other software, the games and Services can never be completely free of errors. The User is responsible for the fulfilment of the system requirements necessary for the use of the App, particularly with respect to the operating system used. However, the Company shall make commercially reasonable efforts to enable the operation of the App without interruptions or errors at all times.

The Company can restrict the availability of and access to the App and Services and functions in particular insofar as the security of the network operation and the maintenance of the network integrity, particularly the need to avoid serious disruptions of the network, the software or stored data, requires this. The Company tries to keep these disruptions on a low level.

The Company is not obliged to provide updates or upgrades for the App or to otherwise modify the App in line with possible changes made to hardware and/or software (particularly operating systems).

 

19. Liability / no liability

The Company shall not be liable for any damages that may occur to the User as a result of the User’s misuse of the App. The Company shall not be liable for any errors in any content, program, tool, or application, or for any action taken in reliance thereon. Furthermore, the Company shall not be liable for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), or other consequence beyond the reasonable control of the Company. Any liability of the Company (including its employees, affiliates, agents, and third party vendors) for damages, injuries, losses and causes of action, of any kind or nature, whether in contract, tort, negligence, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by you to Company in your most recent use of the App immediately prior to the claimed injury, loss or damage.

The Company shall not be deemed liable for damages due to labour disputes and/ or force majeure.

In no event shall the Company or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, or any damages or loss arising from the services provided by third party providers, whether in an action of contract, negligence or other civil liability action, arising out of or in connection with the use of any software, program or platform provided as part of the services except in the case of intentional or gross fault.

To the extent your data is used for research purposes, the limitation of liability clause above and the indemnity clause below are waived with respect to any harms suffered or liabilities incurred as a result of such research activities.

 

20. Indemnity

User agrees to defend, indemnify, and hold harmless the Company, its affiliates and their respective directors, officers, employees, agents, and mandataries from and against all claims, actions, demands, losses, liability, damages, costs and expenses, including without limitation, attorneys’ fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by User, of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with the usage of the App and the User agrees to assist and cooperate with us in relation to any such claim.

 

21. User’s obligations

The User must use the range of Services properly. In particular, he/she is obligated to keep his/her username and password for the access confidential and must not pass it on to third parties. Furthermore, he/she must not tolerate any acknowledgement regarding this information. The User will take the necessary measures to ensure confidentiality and notify the Company in writing in case of misuse or loss of this information or any suspicion of that.

The User shall be obliged to provide information properly, fully and truthfully which are needed for providing the Services as well as immediately and truthfully inform us via e-mail to support@plearny.io on any changes of his/her data or, if possible, change these directly within his/her account.

The User may only set up one (1) account in the App. In particular, one (1) account must not be used to obtain benefits for another account of the same User, for example through the transfer of items or Coins within the game from one (1) account to another account of the same User.

The use of the App is only permitted through tools provided or explicitly permitted by the Company. This entails, in particular, that the use of programs which generate an excessive load on the server is not permitted. The use of software to systematically or automatically control the App or individual game functions (bots, macros) or for the reproduction or analysis of the games, game elements or the content uploaded into the App is not permitted.

 

22. Blocking access / Termination of contract

In the event of suspected improper use or fundamental breach, the Company reserves the right to pursue these operations, to take appropriate precautions, and to terminate the User’s access at a reasonable suspicion. If these suspicions can be terminated, the blocking will be cleared. Otherwise, the Company has an exclusive right to terminate the User’s account. Any breach of the Terms may also result in the cancellation of all purchased or received goods, as well as all other applicable legal claims. The User acknowledges and agrees that any or all Services of the Company may be terminated in whole or in part at Company’s sole discretion without prior notice to the User. The Company does not undertake any risks of loss associated with the termination of Services.

 

23. Alternative settlements of disputes

The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. The Company is not obliged to take part in alternative dispute resolutions, but may choose to do so in its absolute and sole discretion.

 

24. Adjustments

The Company has the right to change the Terms towards the Users with future effect at any time and notifying the User by posting them on its website or in the App (for example in form of an in-App message). Alternatively, the intended modification may also be announced in form of an e-mail.

 

25. Governing Law and Language

These Terms shall be construed in accordance with the laws applicable in the county of Germany, without regard to its conflict of laws rules. User hereby agrees, for any dispute or controversy arising under or in connection with this Agreement or resulting from the Services or App shall be settled exclusively by arbitration in Germany. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant country.

The parties to this Agreement confirm that it is their wish that: (1) this Agreement and all other related documents be prepared in English; (2) any litigation or dispute resolution proceeding be held in English; and (3) any litigation or dispute resolution document or court filing be drafted in English only.

 

26. Force Majeure, Entire Agreement and Headings

Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, act of government, shortage of materials or supplies, failure of transportation or communication or private telecommunications networks, or of suppliers of goods or services, or any other cause to the extent it is beyond the reasonable control of such party. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.

 

27. Representations and Warranties

User represents and warrants that currently and throughout the Term (i) it is fully authorized to enter into this Agreement and that User is fully authorized to use the Services; and (ii) User is and will remain in compliance with all applicable laws and regulations with respect to its activities related to this Agreement and its use of the App, including but not limited to privacy laws. User agrees to comply with all of the Company’s policies and all laws, rules and regulations relating to the use of the Services and App. Any violation of this section may result in loss of features, up to and including termination of User’s account. User will indemnify the Company and its affiliates for any costs, fines or damages incurred by the Company due to User’s failure to comply with this section. The Company reserves the right to select our own legal counsel.

The App shall be validly licensed, of satisfactory quality, fit for the purpose for which it was provided and shall comply in all material respects with the description made available to you prior to downloading or installing it. We make no representation or warranty as to the completeness, accuracy or correctness of information or content provided in the App. Such information is also subject to change at any time without notice. We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability and quality of all content provided by the App. You (and not us) assume the entire cost of all necessary servicing, repair or correction in respect of your device.

 

28. Final Provisions

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. The invalid provision shall be replaced with the valid, enforceable provision which comes closest to the legal and commercial purpose intended by the parties and this provision shall apply retroactively.

The Company may transfer our right rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not under any circumstances transfer your rights or obligations under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

This Agreement and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the User as consumer has his/her usual place of residence, shall not be deemed affected.

Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be court of competent jurisdiction for the Company to the extent permitted by and compatible with the law.

No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other party in any respect. Except to the extent permitted by applicable law, a person or entity who is not a party to these Terms may not enforce these Terms.