§ 1 Scope of Application
§ 2 Subject Matter of the Contract
§ 3 Conclusion of Contract
The present contract between Lemonadd and the user comes into effect when the user clicks the corresponding button “Download”, “Buy”, “Install”, “Pay with Touch ID”, “Pay with Face ID” or the price button on the page of the app description of the respective AppStore and enters his personal password for the AppStore if necessary.A claim to the conclusion of a contract does not exist.
§ 4 Functionality of the app
The app and the website requires a stable Internet connection on the user’s device (usually smartphone).The website can be used with the currently popular browsers (Chrome, Safari, Firefox etc.). The user is obliged to keep his browser up to date for proper use and in particular to import all security-relevant updates of the browser.The app works on smartphones with the operating systems iOS from version 9.0. Older versions of these operating systems are not supported. Hardware with older operating systems may therefore experience compatibility and interoperability problems.With regard to the processing of personal data, the regulations in the data protection declaration, which can be accessed on the website or within the app, apply.
§ 5 Optimization of the app
Lemonadd is constantly working on optimizing the app and the services offered. Therefore, Lemonadd reserves the right to add or remove functions and features and possibly introduce new restrictions of the app or the services. The user may terminate the use of the app at any time.
§ 6 Third Party Content
§ 7 Protection of copyright Content
§ 8 Account and Registration
The prerequisite for the provision of a Party via the app is the user’s registration with “Bouncy”app.Registration takes place by entering a mobile phone number, name and a (of one's own free will) profile photo. Alternatively, the user can also log in via his existing Facebook account. This takes the user to the Facebook page, where they must enter their login details.The user can only be a single natural person. Groups such as families, friends, life partners, etc. and legal entities are not admitted as users. The user name chosen by the user may not infringe the rights of third parties and may not violate existing legal prohibitions or morality.The user assures that the information provided by him during registration is complete and true. The registration of the user by third parties is not permitted. Upon successful registration, a user account is created for the user, which he can administer independently. The user account is not transferable, unless Lemonadd has given its express written consent.
§ 9 Duties of the User
The user is obliged to keep the data provided during registration up to date. Changes of his data, in particular a change of his mobile phone number and email, he will inform Lemonadd immediately. The notification can also be made by changing the data in the user account.The user is obliged to keep his access data secret at all times and to protect them from access by third parties.It is not permitted to use the access data of another user.If the user suspects that his access data was obtained by third parties without authorization or is used without authorization, he will inform Lemonadd immediately and change his data.The user is obliged to refrain from all measures and actions that endanger or disrupt the functioning of the app or the website. Furthermore, he is obliged not to access data to which the user is not entitled.The retrieval of content made available by Lemonadd may only take place in such a way that the use of the app/website by the other users is not impaired.Communication between Lemonadd and the user usually takes place via mobile phone and e-mail messages. The user therefore ensures that the mobile phone number provided during registration is regularly checked for messages from Lemonadd.
§ 10 Accountability
Claims of the user for damages are excluded. Excluded from this are claims for damages of the user from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by Lemonadd, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.In the event of a breach of essential contractual obligations, Lemonadd is only liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, body or health.The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of Lemonadd, if claims are asserted directly against them.The limitations of liability resulting from paragraphs 1 and 2 do not apply if Lemonadd maliciously concealed the defect or assumed a guarantee for the quality of the item. The same applies if Lemonadd and the user have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 11 Arbitration and Settlement of Disputes
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
§ 12 Other Provisions
Status of the GTC: July 2019