General terms and conditions of the DiBooq Mobile app

the
Dibooq GmbH
Heinrich-Mann-Allee 3b
14473 Potsdam (Germany)
Germany

General Terms and Conditions of the DiBooq Mobile App

(as of 09/2022)

General regulations

General and scope of application

(1) These General Terms and Conditions of the DiBooq Mobile-App (“GTC”) between DiBooq GmbH, Heinrich-Mann-Allee 3b, 14473 Potsdam, Germany (hereinafter also referred to as “we” or “Di-Booq”) and users (hereinafter referred to as “User” or “Dir”) of the software for mobile devices offered by us (“Mobile Apps” or “Apps”). These TOS govern the terms and conditions for the download and use of our Apps. By using our Apps, the user agrees to these GTC.

(2) These GTC apply regardless of whether you act as a consumer, entrepreneur or merchant. For consumers, some special features apply, which we may refer to in these GTC at the appropriate places.

(3) Your General Terms and Conditions shall not apply, regardless of whether you expressly refer to them or we do not expressly object to them. Your General Terms and Conditions shall only become part of this contract if we expressly agree to them. Individual agreements between us in offers, order confirmations, declarations of acceptance etc. shall take precedence over the provisions of these General Terms and Conditions.

 

Subject matter of the contract

(1) The DiBooq Mobile-App is a SaaS (Software as a Service) solution (hereinafter also referred to as “Software”, “DiBooq Mobile-App” or “Services”). An overview of the entire service portfolio of the Software can be found in the service description, which is available in its respective version on our website https://www.dibooq.com/en/legal/discription_of_services/.

(2) The specific service components that we provide in the contractual relationship with you can be derived from the service description, your order or the order/order confirmation.

 

Use of our services & registration

(1) To access the mobile app, you must download and install the mobile app from an app store, such as the Apple App Store or Google Play, etc. (hereinafter referred to as “App Store”). This requires an account for the respective app store.

(2) The scope of functions of the apps may differ depending on the operating system. The functions are described in the service description. The hardware and firmware requirements for operating the app on end devices are listed in the app store.

(3) We reserve the right to change our mobile app at any time in a manner that is reasonable for the user, e.g., to further develop it and improve its quality, i.e., both technically and in terms of content.

(4) We do not guarantee that entries made by you in the personal watch list of the app (e.g., notes, bookmarks, etc.) will be stored permanently. In particular, these may no longer be available after updates.

(5) To use our services, your free registration as a user is required. Only natural persons with unlimited legal capacity can register as users.

To register, the registration form provided by our software must be filled out completely and truthfully, stating an e-mail address, first and last name, and sent to us. We are entitled to request written evidence to verify the data provided.

By sending the registration form, you are making a binding offer to us to conclude a usage contract for a free basic version. The contract of use is concluded by the confirmation of the registration and the activation of your user account (Ac-counts) by us. Each user may only register once.

(6) To use our services, at least the following technical requirements are necessary:

– Standard DSL/WLAN/Internet connection

– current app

– Smartphone with current operating system

(7) We have the right to exclude you from using our services and to delete your member account as well as all services booked by you if we have reasonable grounds to believe that you have violated the essential obligations of these terms and conditions or the law. We will inform you about the planned exclusion by e-mail and give you the opportunity to comment. In any case, we will consider your legitimate interests. The right to extraordinary termination remains unaffected.

 

Your right to use our services

(1) By downloading our app, you acquire a non-exclusive and non-transferable license, limited in time to the duration of the installation, to download, install and use the app on any compatible device that you own or control. The right of use also includes any updates (upgrades, patches, etc.).

(2) You also acquire a simple and non-transferable right of use to the content retrieved in the app. The right of use entitles the user to download the content to his end device and to consume the content. It is limited in time to the period of use agreed for the respective content.

(3) The content of our services (in particular in our app) is our exclusive property or in our exclusive ownership of rights or the respective licensors. Our content is protected by national and international law, in particular copyright law. We reserve all rights, in particular copyright and trademark rights, to the apps and all content provided within the apps. In particular, the compiled contents of the App are data bank works specially produced by us, specifically databases within the meaning of Sections 4 (2), 87a (1) UrhG (German Copyright Act) and, where applicable, language works pursuant to Section 2 UrhG. The associated programs are also protected by copyright as code under Sections 69a et seq. of the Copyright Act.

(4) The unauthorized distribution, reproduction, exploitation or other violation of our industrial property rights and copyrights will be prosecuted under civil and/or criminal law.

(5) All rights to the information posted by you remain with you. By placing content in our DiBooq mobile app, you grant us a non-exclusive, royalty-free license, which may be revoked at any time, to make this content publicly available to third parties worldwide within the scope of our services. The license expires if you delete the content you have posted.

 

Availability

For technical reasons we cannot guarantee a permanent and complete availability of the servers on which our services are operated. Temporarily, the availability of our DiBooq mobile app or individual services – especially due to the necessary performance of maintenance or repair work – may therefore be limited.

 

Limitations of liability

(1) We apply the care usually to be expected from an agency when selecting, maintaining and updating the content. We do not assume any liability for the correctness, up-to-dateness and completeness of the contents provided and their selection and compilation. This also applies in particular to images and texts provided by third parties.

(2) Insofar as the availability of the app is dependent on the services of third parties (in particular telecommunications providers), we do not assume any liability for the availability.

(3) We shall be liable for material defects and defects of title in accordance with the statutory provisions.

(4) Our liability arising from the contract concluded between us, irrespective of the legal grounds, for your damages that do not result from injury to life, limb or health, shall be limited in amount to the damages typically foreseeable at the time of conclusion of the contract and on the merits to essential contractual obligations, insofar as the damage was caused by us or by a legal representative or vicarious agent neither intentionally nor through gross negligence.

(5) This limitation of liability shall not apply insofar as the damage is based on an intentional or grossly negligent breach of essential contractual obligations by us or by a legal representative or a vicarious agent. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.

 

Principles for the provision of our services

(1) With our software and its functions, we merely provide you with a technical basis for the purposes to be depicted (see, in particular, the service description at https://www.dibooq.com/en/legal/discription_of_services/). We assume no responsibility for the actions performed with our software or for the content processed with our software. For all actions performed by you with our software and processed content, the agreements and contracts that you have concluded with your customers, partners, employees, etc., or the law apply exclusively.

(2) For the use of our services, the provisions of tenancy law apply. Maintenance measures such as troubleshooting, updates or further developments are part of our service. Further support shall be offered upon corresponding agreement. Beyond the maintenance measures, the statutory rental defect warranty law shall apply.

(3) Adjustments, changes and additions to our services as well as measures that serve to determine and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons. Major maintenance work that could lead to a malfunction of our services will generally be performed outside normal business hours.

(4) You may not transfer our services to third parties for commercial use.

(5) You must independently take appropriate measures against the loss of your content.

(6) You can use links or functionalities in our services to access third-party websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address line of the browser or a change in the user interface.

(7) We reserve the right to change, adapt and increase or reduce the functional scope of our services as well as the documents and attachments related thereto, taking into account your interests, provided that we do not thereby violate our contractually assumed primary performance obligations. We will inform you in good time in advance about essential modifications and adjustments that change the contractual relationship. You have the right to object to changes. If you do so, we will try to find alternatives together. If these are not found, both parties have the right to terminate this contract extraordinarily.

(8) We secure our systems against virus attacks. Nevertheless, a virus attack can never be completely ruled out. In addition, it is possible that unauthorized third parties send messages using our name without our consent, which contain viruses or so-called spyware, for example, or link to web content that contains viruses or spyware. We have no influence on this. You should therefore check all incoming messages sent under our name. This also applies to messages from other users.

(9) We are not responsible for any damage or loss of data that may occur on your end devices due to the installation of software that does not originate from us.

(10) You agree not to use your terminal device or the app store or app account, login name or password of another user without authorization under any circumstances. If a third party uses one of the accounts after he has obtained the access data because you have not adequately secured them against unauthorized access, you must allow yourself to be treated as if you had acted yourself.

(11) In the event of a justified suspicion that access data has become known to unauthorized third parties, we are entitled, but not obligated, for security reasons to independently change the access data without prior notice or to block the use of the account. We will inform you of this immediately and provide you with the new access data within a reasonable period of time upon request. You have no right to demand that the original access data be restored.

(12) You must inform us immediately as soon as you become aware that unauthorized third parties know the access data to your App Store account or that unauthorized third parties are using your end device. We point out that access data should be changed regularly for security reasons.

(13) When using our services, it is prohibited:

– Violate the property rights of third parties, such as trademarks, copyrights and rights to a name,

– harass other users and third parties,

– use measures, mechanisms or software in connection with the DiBooq Mobile App that may interfere with the function and operation of the DiBooq Mobile App,

– take any action that may place an unreasonable or excessive load on the technical capacity of the DiBooq Mobile App,

– to block, overwrite or modify contents

– add elements to the DiBooq Mobile App or change, delete or otherwise modify elements of the DiBooq Mobile App,

– copy, extract or otherwise use graphical elements or attempt to decompile the source code of the DiBooq Mobile App (subject to § 69e UrhG),

– use tools that interfere with the operation of the DiBooq Mobile app (especially so-called “bots”, “hacks” etc.),

– to obtain premium functions or other advantages, such as the systematic or automatic control of the DiBooq Mobile App or individual functions of the DiBooq Mobile App, by using third party software or other applications or to exploit program errors for one’s own advantage (“exploits”),

– to distribute commercial advertising for third-party products or programs in connection with our services,

– to use malicious or virus-infected documents, files, IT systems of third parties and data in connection with our services,

– use mechanisms, software and scripts that go beyond the functionalities and interfaces provided, in particular if our services are blocked, modified, copied or overwritten as a result, as well as

– interfere with our services by altering data (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of data relevant to evidence (§§ 269, 270 StGB), suppression of data relevant to evidence (§ 274 StGB), computer fraud (§ 263a StGB), spying out data (§ 202a StGB), interception of data (§ 202b StGB) or other criminal acts.

 

Term of Contract & Rescission/Cancellation

(1) The contract for the DiBooq Mobile App in its basic function is concluded for an indefinite period of time. Termination is possible at any time without notice. The termination can be done by corresponding termination of the services in your admin area (deletion of the ac-count).

(2) An upgrade of the selected price model or the booking of special features is possible at any time. The reduction of the number of users or the downgrading of a price model or the cancellation of upgrades and special features are possible at any time with a notice period of one month to the end of the selected term. There will be no refund of the costs paid/to be paid for the current period.

(3) Your account created in the DiBooq Mobile App will be deleted when the termination of the contract via the DiBooq Mobile App in its basic function becomes effective. You can export the content processed with our services until the deletion. After that, we will delete your account completely. Support services in connection with the termination can be provided by us on request and, if necessary, for a separate fee. Content that you have exchanged with other DiBooq Mobile App and DiBooq Desktop App users will remain with them even after deletion of your account.

(4) The right to extraordinary termination of this contract for cause remains unaffected.

 

Place of jurisdiction

If you act as a company or are a merchant in the sense of the HGB, our registered office is the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the respective competent court shall apply.

Online dispute resolution

Information on online dispute resolution for consumers: We refer to the possibility of online dispute resolution (so-called “OS platform”). Consumers can use the ODR platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. We are not willing to participate in the settlement of disputes via this ODR platform.

 

Regulations concerning services subject to remuneration

Formation of a contract for the use of chargeable services

(1) A contract for the use of chargeable services is concluded (subject to section 12.2 on the purchase of chargeable app and in-app purchases) as follows:

– In our mobile app you will find information about the content and costs of the chargeable services offered by us. This information does not constitute an offer to conclude a contract for the use of our services.

– Only by submitting the corresponding booking form do you make a binding offer to us to conclude a contract for the corresponding services.

– Before sending the booking form, we inform you that the booking is subject to costs and give you the opportunity to take note of these terms and conditions.

– Furthermore, before sending the booking form, we give you the opportunity to check your entries and correct them if necessary.

– After sending the booking form, you will receive a confirmation of receipt of your booking from us to the e-mail address you provided. This confirmation of receipt also represents the acceptance of your offer to book the service.

– In this e-mail or in a separate e-mail, we will send you the text of the contract (consisting of the order, terms and conditions and order confirmation and invoice) (contract confirmation).

– With the full payment of the purchased services you get immediate access to the services.

(2) App and in-app purchases are concluded as follows:

– The purchase and download of a paid version or an upgrade of our DiBooq mobile app takes place in the app store (hereinafter referred to as “app purchase”). The App Purchase is processed by the App Store. The conclusion of the contract and the payment processing shall be governed by the terms and conditions of the App Store.

– The purchase of paid functions may be possible directly in the mobile app (hereinafter referred to as “in-app purchase”). The processing of the in-app purchase is carried out by the app store. The conclusion of the contract and the processing of payments are governed by the terms and conditions of the app store.

– The “purchase” of a paid version of the DiBooq Mobile App or of an upgrade and/or the purchase of paid functions basically only means the granting of a right of use. The scope and duration of the granted right of use depends on the respective service (for the right of use see above).

Remuneration & Terms of Payment

(1) You can purchase our services according to the conditions of the selected price model, which can be viewed at https://www.dibooq.com/en/legal/discription_of_services/ or according to the conditions of the offer created for you individually.

(2) Each payment is subject to VAT at the statutory rate at the time and place of performance of the service.

(3) The remuneration for the services to be provided by us is to be paid in advance for the selected billing period. If our remuneration is calculated on a commission basis, invoices are generally issued monthly in arrears.

(4) Our invoices are due upon receipt by you and are payable without deductions within fourteen calendar days.

Payment processing

The processing of the payment methods credit card payment, GIROPAY, DIRECT TRANSFER and SEPA is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”), under the Stripe Terms of Use, available at https://stripe.com/de/terms, to which Dibooq assigns its payment obligation. Stripe collects the invoice amount from the specified credit card account or bank account of the customer. In case of assignment, payment can only be made to Stripe with debt-discharging effect. The credit card will be charged immediately after sending the customer’s order in the online store or after two days by SEPA direct debit. Dibooq remains responsible for general customer inquiries, e.g. complaints, revocation declarations and deliveries or credit notes even if the payment method credit card payment, SEPA direct debit, Giropay or IMMEDIATE TRANSFER via Stripe is selected.

 

Right of withdrawal

(1) You have the right to cancel this contract within fourteen days without giving any reason.

(2) The revocation period is fourteen days from the day of the conclusion of this contract.

In order to exercise your right of revocation, you must send us

DiBooq GmbH

Heinrich-Mann-Allee 3b

14473 Potsdam

hello@DiBooq.com

Tel: +49 331 769 975 30

by means of a clear declaration (e.g. a letter sent by mail or an e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.

(3) In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

(4) Consequences of revocation:

If you revoke this contract, we must reimburse you for all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

(5) The right of revocation expires as soon as the service to which the revoked booking relates has been performed.

– End of the legal cancellation policy –

 

Sample cancellation form

(If you want to cancel the contract/service/booking, you can fill out this form and send it back to us. However, you are not obliged to comply with this form).

To:

DiBooq GmbH

Heinrich-Mann-Allee 3b

14473 Potsdam

hello@dibooq.com

Tel: +49 331 769 975 30

I/we hereby revoke the contract concluded by me/us for the provision of the following service (*)

Ordered on (________________)/received on (__________________)

Name of the consumer(s) ___________________

Anschrift des/der Verbraucher(s) _____________________________________________________________

Signature of the consumer(s) __________________

(only in case of notification on paper)

Date __________________

(*) Delete where not applicable.

Status: September 2022

 

Miscellaneous

(1) The relations between the User and the Contractual Partner shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

(2) Verbal collateral agreements or deviations from the above General Terms and Conditions shall not be legally binding.

(3) Amendments and supplements to this contract must be made in text form to be effective. Changes to the contract shall become effective if you do not object to a change in text form within one month after receipt of a change notification and we have informed you in advance of your right to object. If you object to the change, the contract shall continue to apply unchanged and we shall be entitled to terminate the contract for cause with one month’s notice to the end of the next calendar month. The text form also applies to an amendment of this form clause. The priority of individual ancillary agreements shall remain unaffected.

(4) Insofar as the contract or these General Terms and Conditions of Delivery contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery if they had been aware of the loophole.

(5) Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

(6) You are not entitled to transfer the rights from a contract concluded with us to another person.

 

Data protection

All legal relationships are subject to our privacy policy, which can be viewed at https://www.dibooq.com/en/legal/privacy_policy/.