TERMS OF USE
TERMS OF USE
1.Collecting coins
1.1.
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 Provider and can be changed by the Provider at any time without giving reasons. The User has no legal entitlement in this respect.
1.2.
Coins expire automatically one year after they have been credited to the User’s App account, unless they have been previously redeemed against rewards.
## 5. Redeem coins and receive rewards
2. Redeem coins and receive rewards
2.1.
Users can redeem their coins for particular rewards according to an exchange rate established by the Provider for each reward. Examples of such rewards are PayPal credits, cash rewards or virtual rewards for other apps, credit codes or other digital content. The User can choose the rewards in the reward shop of the App. The User can select any reward provided by the Provider for which he/she has collected a sufficient number of coins, unless stocks of the selected reward are exhausted.
2.2.
The Provider shall transfer cash rewards into a regular bank or online account of the User (for example via PayPal). For this purpose, the User must specify his/her payment details in connection with the payment of the rewards (bank details, e-mail address and user name for his/her online account, if necessary). The Provider will store that information for future transactions.
2.3.
Virtual rewards may, for example, be in-app items which are gifted to the users in other apps. The virtual rewards may be granted to the User through various channels, including but not limited to e-mail, push notification, text message or only a click on a button.
2.4.
Rewards for the coins may also be voucher codes which the users can redeem in other apps or shops. When redeeming the coins against a voucher, the Provider’s performance is limited to the transfer of a credit code to the User by the Provider conferring on the User an entitlement to conclude a contract with the respective issuer of the voucher or the party which is specified as the provider of the service for the respective voucher, on the terms specified on the respective voucher. The Provider provides no warranty for the voucher partner’s financial capacity or creditworthiness and does not owe the performances specified on the voucher. The voucher partner is solely responsible for the performance of that contract, including the handling of any warranty claims.
2.5.
For the redemption of rewards, the exchange rate at the moment of redemption always applies. The Provider reserves the right to change and adjust the exchange rate on an ongoing basis. The user has no entitlement to the maintenance or granting of a particular exchange rate.
2.6.
The Provider will continue to develop the App on an ongoing basis. The User has no entitlement to the maintenance of the App or the preset apps in the version existing upon the conclusion of the contract. The Provider therefore reserves the right to offer new features and functions at any time, particularly (but not exclusively) for the redemption of coins. In the course of the modification and further development of the App, the Provider also reserves the right to tie individual features to certain conditions (e.g. the achievement of a particular coin account balance or the performance of certain actions, for example further app installations) or to no longer offer them at all.
2.7.
The Provider guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular reward. An entitlement to the payment of a reward only exists if such an entitlement has been explicitly offered by the Provider. The applicable exchange rate is that of the time of the redemption of the coins.
2.Rights to the content provided by the Provider
The content provided by the Provider on the App is protected under copyright and ancillary copyright law. Duplication, public reproduction or other use or utilisation of content which is thus protected requires the consent of the respective rights holder. The User is permitted to use, access, save and print out the content exclusively for the purposes of the contractual use of the App and for private use and provided that this is neither directly nor indirectly for commercial purposes.
3 Warranty / liability
3.1.
If the Provider learns that the App has errors which significantly impair its fitness for the contractual use, it shall endeavour to eliminate the errors as soon as possible, for example by providing an update. This does not include errors which do not lie within the Provider’s area of responsibility, such as errors which occur due to updates in the android operating system.
3.2.
The use of the preset apps shall be regulated exclusively by the usage relationship existing between the User and the Provider’s partner company and any terms of use set by the partner company. It is explicitly left to the User to inform him/herself about the key issues governing his/her decision to conclude a contract or to agree to the partner company’s Terms of Use.
The Provider shall not be the User’s contract partner with regard to the use of the preset apps. The Provider shall not bear any liability for material or legal defects in this respect. The Provider shall also not be liable for the correctness, completeness and/or up-to-dateness of the content of the preset apps. The Provider does not adopt the content of those apps as its own and is not liable for any damage or loss caused by the use of those apps. The Provider also provides no guarantee for the partner company’s services being performed correctly.
3.3.
The Provider shall otherwise be liable without limitation for wilful misconduct and gross negligence. For simple negligence, the Provider shall only be liable if its vicarious agents or statutory representatives breach an obligation which is of key significance for the achievement of the objective of the contract (a so-called key obligation). In such a situation, the liability shall be limited to the foreseeable damage or loss, which is limited to the amount of the fee paid by the User for the use of the App or services and functions requiring registration. The above limitation of liability does not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or to personal injuries. However, insofar as the Provider’s liability is excluded or limited, this also applies to the personal liability of its statutory representatives and vicarious agents.
3.4
We shall not participate in dispute settlement proceedings before a consumer arbitration board.
4. Data protection
Unless the User has explicitly agreed to more extensive processing and use, the Provider shall only process and use personal data provided upon registration insofar and as long as this is permitted by law, in particular to make the services and functions requiring registration available. More detailed information about the handling of User’s personal data can be found in the privacy notice and, if appropriate, in a declaration of consent to be confirmed prior to active use of the App.
1.Collecting coins
1.1.
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 Provider and can be changed by the Provider at any time without giving reasons. The User has no legal entitlement in this respect.
1.2.
Coins expire automatically one year after they have been credited to the User’s App account, unless they have been previously redeemed against rewards.
## 5. Redeem coins and receive rewards
2. Redeem coins and receive rewards
2.1.
Users can redeem their coins for particular rewards according to an exchange rate established by the Provider for each reward. Examples of such rewards are PayPal credits, cash rewards or virtual rewards for other apps, credit codes or other digital content. The User can choose the rewards in the reward shop of the App. The User can select any reward provided by the Provider for which he/she has collected a sufficient number of coins, unless stocks of the selected reward are exhausted.
2.2.
The Provider shall transfer cash rewards into a regular bank or online account of the User (for example via PayPal). For this purpose, the User must specify his/her payment details in connection with the payment of the rewards (bank details, e-mail address and user name for his/her online account, if necessary). The Provider will store that information for future transactions.
2.3.
Virtual rewards may, for example, be in-app items which are gifted to the users in other apps. The virtual rewards may be granted to the User through various channels, including but not limited to e-mail, push notification, text message or only a click on a button.
2.4.
Rewards for the coins may also be voucher codes which the users can redeem in other apps or shops. When redeeming the coins against a voucher, the Provider’s performance is limited to the transfer of a credit code to the User by the Provider conferring on the User an entitlement to conclude a contract with the respective issuer of the voucher or the party which is specified as the provider of the service for the respective voucher, on the terms specified on the respective voucher. The Provider provides no warranty for the voucher partner’s financial capacity or creditworthiness and does not owe the performances specified on the voucher. The voucher partner is solely responsible for the performance of that contract, including the handling of any warranty claims.
2.5.
For the redemption of rewards, the exchange rate at the moment of redemption always applies. The Provider reserves the right to change and adjust the exchange rate on an ongoing basis. The user has no entitlement to the maintenance or granting of a particular exchange rate.
2.6.
The Provider will continue to develop the App on an ongoing basis. The User has no entitlement to the maintenance of the App or the preset apps in the version existing upon the conclusion of the contract. The Provider therefore reserves the right to offer new features and functions at any time, particularly (but not exclusively) for the redemption of coins. In the course of the modification and further development of the App, the Provider also reserves the right to tie individual features to certain conditions (e.g. the achievement of a particular coin account balance or the performance of certain actions, for example further app installations) or to no longer offer them at all.
2.7.
The Provider guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular reward. An entitlement to the payment of a reward only exists if such an entitlement has been explicitly offered by the Provider. The applicable exchange rate is that of the time of the redemption of the coins.
2.Rights to the content provided by the Provider
The content provided by the Provider on the App is protected under copyright and ancillary copyright law. Duplication, public reproduction or other use or utilisation of content which is thus protected requires the consent of the respective rights holder. The User is permitted to use, access, save and print out the content exclusively for the purposes of the contractual use of the App and for private use and provided that this is neither directly nor indirectly for commercial purposes.
3 Warranty / liability
3.1.
If the Provider learns that the App has errors which significantly impair its fitness for the contractual use, it shall endeavour to eliminate the errors as soon as possible, for example by providing an update. This does not include errors which do not lie within the Provider’s area of responsibility, such as errors which occur due to updates in the android operating system.
3.2.
The use of the preset apps shall be regulated exclusively by the usage relationship existing between the User and the Provider’s partner company and any terms of use set by the partner company. It is explicitly left to the User to inform him/herself about the key issues governing his/her decision to conclude a contract or to agree to the partner company’s Terms of Use.
The Provider shall not be the User’s contract partner with regard to the use of the preset apps. The Provider shall not bear any liability for material or legal defects in this respect. The Provider shall also not be liable for the correctness, completeness and/or up-to-dateness of the content of the preset apps. The Provider does not adopt the content of those apps as its own and is not liable for any damage or loss caused by the use of those apps. The Provider also provides no guarantee for the partner company’s services being performed correctly.
3.3.
The Provider shall otherwise be liable without limitation for wilful misconduct and gross negligence. For simple negligence, the Provider shall only be liable if its vicarious agents or statutory representatives breach an obligation which is of key significance for the achievement of the objective of the contract (a so-called key obligation). In such a situation, the liability shall be limited to the foreseeable damage or loss, which is limited to the amount of the fee paid by the User for the use of the App or services and functions requiring registration. The above limitation of liability does not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or to personal injuries. However, insofar as the Provider’s liability is excluded or limited, this also applies to the personal liability of its statutory representatives and vicarious agents.
3.4
We shall not participate in dispute settlement proceedings before a consumer arbitration board.
4. Data protection
Unless the User has explicitly agreed to more extensive processing and use, the Provider shall only process and use personal data provided upon registration insofar and as long as this is permitted by law, in particular to make the services and functions requiring registration available. More detailed information about the handling of User’s personal data can be found in the privacy notice and, if appropriate, in a declaration of consent to be confirmed prior to active use of the App.
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