miwiapps

Legal

Terms & Conditions

§1 Scope & defence clause

  1. The legal relationships established upon purchase of the paid software “Personal Calendar” between miwiapps UG (haftungsbeschränkt) (hereinafter “Provider” or “Licensor”) and its customers (hereinafter also “Licensee” or “Buyer”) are governed exclusively by the following Terms & Conditions in their version applicable at the time of order.
  2. Any deviating terms and conditions of the customer are rejected.

§2 Formation of the contract

  1. The presentation of “Personal Calendar” in the Google Play Store or on other sites or programs does not constitute a binding offer by the Provider to conclude a purchase contract. The customer is merely invited to make an offer by placing an order.
  2. By submitting the order via Google Play, the customer makes a binding offer to conclude a purchase contract for “Personal Calendar”. By submitting the order, the customer also accepts these Terms as solely authoritative for the legal relationship with the Provider.

§3 Retention of title

  1. The acquisition of “Personal Calendar” does not constitute a transfer of ownership or sale of the software in whole or in part.
  2. By concluding the purchase contract, the buyer merely receives a licence issued by Google Play. Selling, passing on or otherwise distributing this licence in any way is prohibited.
  3. Upon receiving the licence, the customer may download and, where applicable, update “Personal Calendar”.
  4. The Provider is the sole author of all copyrights, patents, trade secrets and other worldwide intellectual property rights in the original and all copies and parts of the software.

§4 Rights of use

  1. The customer is not permitted to decompile, disassemble or otherwise attempt to obtain the source code of the program.

§5 Payment due

  1. Payment of the purchase price is due upon conclusion of the contract.

§6 Warranty & termination

  1. It is not warranted that “Personal Calendar” or “Personal Calendar Free” will be continuously functional at all times.
  2. The Provider reserves the right to terminate the contract without notice upon detection of improper use (e.g. non-compliance with § 4(1)).
  3. After purchasing “Personal Calendar” via Google Play, the buyer may, if this option continues to be offered automatically by Google Play, obtain a full refund within 15 minutes.
  4. The buyer may terminate the contract by email at any time. Depending on agreement and a detailed justification, the purchase costs may be refunded in whole or in part. The Provider reserves the right to reject cancellations at its discretion.

§7 Disclaimer of liability

  1. Claims for damages by the customer are excluded unless otherwise stipulated below. The foregoing disclaimer of liability also applies for the benefit of the Provider’s legal representatives and vicarious agents insofar as the customer asserts claims against them.
  2. The Provider is not liable for any infringement of third-party rights through the use of individual functions of “Personal Calendar”. No liability is accepted for damages due to non-decryptable event information, e.g. as a result of password loss.

§8 Choice of law & jurisdiction

  1. The contractual relationships between the Provider and the customer are governed by the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the Provider is the Provider’s registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

§9 Data protection

  1. When using “Personal Calendar”, personal data is collected or accessed. This data is used exclusively for the purpose of the application, i.e. to provide and manage event information. This data is not shared with third parties. Excepted are event invitations made by the user or responses to meeting requests. The corresponding privacy policy can be found here.

§10 Changes & further conditions

  1. The Provider reserves the right, at its sole discretion and without prior notice, to change, suspend or discontinue the services and these Terms in whole or in part. However, the Provider will make economically reasonable efforts to inform the customer of changes to the contract or the discontinuation of the service.

§11 Legal consequences of non-inclusion and invalidity

  1. If terms and conditions have not become part of the contract in whole or in part, or are invalid, the remainder of the contract remains effective.
  2. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract is governed by statutory provisions.
  3. The contract is invalid if adhering to it would constitute an unreasonable hardship for a contracting party, even taking into account the amendment provided for in paragraph 2.

The German version of these Terms & Conditions is legally binding.