Terms of Service

General Terms and Conditions

§ 1 Scope

(1) These terms and conditions govern the use of apps provided by swentop-apps UG (haftungsbeschränkt). They apply regardless of whether the use is free of charge or against payment. (2) In the relationship between swentop-apps UG (haftungsbeschränkt) (hereinafter referred to as "Provider") and the user (hereinafter referred to as "User"), the following terms and conditions shall apply exclusively in the version valid at the time of use or at the time of purchase.

§ 2 Definitions

(1) "Apps" are understood to be the programs distributed by swentop-apps UG (haftungsbeschränkt). These programs can be installed and operated on cell phones, tablets, MacBooks, MacOS operated hardware and other mobile devices, among others. (2) The terms "consumer" and "entrepreneur" are understood here in accordance with the legal definitions in §§ 13, 14 BGB. Accordingly, the user is a "consumer" insofar as the use or purchase of the apps cannot be attributed predominantly to his commercial or independent professional activity. In contrast, "entrepreneur" is understood to mean any natural or legal person or partnership with legal capacity who, when using the apps or concluding the contract, acts in the exercise of his or her commercial or self-employed professional activity. (3) "Marketplace" means the stores (stores) of marketplace operators such as Google ("Google Play") and Apple ("App Store"), where users can select the apps and download them for installation.

§ 3 Possibilities of use

The apps can be operated free of charge or for a fee. When installed - e.g. via the marketplaces of Google or Apple - the app is always free of charge. A paid use always requires a separate, explicit consent of the user in the app ("in-app purchase", see below § 4).

§ 4 Use of the apps; in-app sales

(1) The user has the option to select and install the apps in the respective marketplace. By installing, the User declares that he/she agrees to these General Terms and Conditions of Use and Business. (2) If the User wishes to use the functionality of the paid version of the apps, he can upgrade the app by means of a so-called "in-app purchase". The way in which this upgrade can be made varies from marketplace to marketplace; the specific procedure can be found in the terms and conditions of the respective marketplace operator. The purchase contract takes place according to the terms and conditions of the respective marketplace. These terms and conditions also determine whether the purchase contract is concluded between the User and the marketplace or between the User and swemtop-apps UG (haftungsbeschränkt). (3) In-app purchases are billed via the respective marketplace. The terms of payment specified by the respective marketplace operator shall apply.

§ 5 Liability

(1) Claims of the user for damages are excluded. (2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence. (3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider, if claims are asserted directly against them. (4) The provider excludes any liability for information in the apps. All information is provided unchecked and without guarantee of accuracy.

§ 6 Final Provisions

(1) Contracts between the Provider and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the registered office of the provider. (2) The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.