aufwerts GmbH, represented by its CEO Ingo Körner, provides the popular app stores (Android / iOS) with an app for recording, displaying and processing tasks in digital form (in the following: content). These can be requested and downloaded partly free of charge, partly against payment by anyone. The app is called Lope.
The subject of the contract is the free or paid use of the application Lope, which can be accessed via the app stores of Google and Apple as a mobile application (hereafter referred to as “apps”). All data is stored in the cloud at the request of the user.
Lope can be used without user profile and login. The app provides a certain range of functions: Tasks can be entered, tracked, deleted and marked as done. Lope prioritizes the tasks according to a defined algorithm and displays all unfinished and completed tasks with the available detailed data.
Lope runs on end devices alone and is fully available to the user. If updates are provided, aufwerts GmbH and its authorized representatives will do their best that Lope and all data remain available. To avoid data loss during updates, the data should be backed up regularly in the cloud by the user. The corresponding functionality can be found in the settings. We assume no liability for the loss of data. We are not responsible for any downtime caused by the internet or equipment, and in particular not for downtime, in which Lope can not be used due to technical or other problems beyond our control (eg force majeure, third party fault, etc.) ,
Terms and conditions of the German Civil Code BGB apply. The judge evaluates the individual case. The following general terms and conditions regulate the legal relationship between the user and aufwerts GmbH and form the basis for all services of aufwerts GmbH. Opposing customer conditions are not recognized.
§2 conclusion of contract
2.2 The user confirms the correctness and completeness of his given data. Likewise, he has to make sure that on his side there are prerequisites for receiving the files and content with his smartphone. If these requirements are not fulfilled, this is without influence on the conclusion of the contract between the user and aufwerts GmbH.
2.3 Apart from the free of charge offers such as the use for the first 100 tasks created, the use of the content for the user is subject to a charge. Any connection costs for access to the database itself shall be borne by the user in each case; In particular, he bears the incurred telecommunications costs. Any costs resulting from special services as well as services due to incorrect or incomplete user information or non-verifiable complaints or improper system usage shall be borne in full by the customer.
2.4 aufwerts GmbH usually offers support for technical problems with content of the app. For this, aufwerts GmbH provides the e-mail address firstname.lastname@example.org. A legal claim to support can not be derived from this.
§ 3 contract term, termination
3.1 The term of the contract for content is specified in the individual contract itself, which is concluded on the basis of these terms and conditions. Unless otherwise stated, contracts for the use of the app are concluded for an indefinite period. A termination of the contract by the user is possible at any time without giving reasons. A refund of the purchase price is, however, only in the context of paragraph §5.
3.2 aufwerts GmbH reserves the right to terminate the contract without notice in case of proven misuse of the app.
3.3 aufwerts GmbH expressly points out that the indicated prices require a one-time payment. It is not a subscription.
§4 Terms of payment
4.1 The prices result from the details of the respective product description page and / or the respective order form. All prices are inclusive of the VAT valid at the time of the conclusion of the contract. Insofar as current services are owed, the VAT rate applicable at the time the respective claim is due is decisive. The fulfillment takes place no later than two working days after receipt of payment.
4.2 When placing the order, the user must ensure that the details of all data match the desired data on the invoice. Subsequent changes to invoices can not be made.
4.3 aufwerts GmbH can use services of third companies to process payment transactions. If this happens, the contracted company will be named in the order process. In addition to the general terms and conditions of aufwerts GmbH then apply the general terms and conditions of the commissioned company.
4.4 When purchasing content can be paid either by advance payment / bank transfer or PayPal. The debit of the PayPal account is usually with completion of the order.
4.5 All payments are due immediately. Delay occurs 14 days after delivery or due date of the invoice or if a debit of the purchase price fails or the debit is canceled by the user without legal grounds. Furthermore, aufwerts GmbH, without prejudice to all other rights, may prevent access to the content, as long as the user is in default. If the user is in default, aufwerts GmbH is entitled to cancel the purchase and to return the services received on both sides.
4.6 aufwerts GmbH will only be in default if the user has set a grace period of at least 7 days in writing. In this case, the user has at most a claim for the reimbursement of the entire invoice amount of the service affected by the delay. Further claims, in particular claims for damages are excluded. The user is not entitled to withhold payments unless he has a legal right of retention.
§5 Instructions on the right of withdrawal
– Cancellation Policy –
5.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of the contract. In order to exercise your right of revocation, you must inform aufwerts GmbH, August-Wilhelm-Kühnholz-Str. 5, 26135 Oldenburg, Germany, E-Mail: email@example.com by means of a clear statement (eg a mail or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is however not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.2 Consequences of the revocation
5.3 Special instructions
5.4 Exclusion of the right of withdrawal
The right of revocation does not exist if you are an entrepreneur in accordance with § 14 paragraph 1 German Civil Code and you act in the exercise of your commercial interest.
5.5 Withdrawal form example
(If you want to revoke the contract, then you can fill out this form and return it eg by post or e-mail to us. You can also revoke informlessly eg by e-mail or Tel).
To aufwerts GmbH, August-Wilhelm-Kühnholz-Str. 5, 26135 Oldenburg, Germany, E-Mail: firstname.lastname@example.org
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on …………………. /received at ………………….
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
– End of revocation –
§6 partner offers, links
7.1 All copyrights, usage rights and other protective rights to the contents remain with aufwerts GmbH. The user may only use the content for his own purposes and is not entitled to make it available to third parties on the Internet or in any other form, be it against payment or free of charge. The commercial duplication and the resale of the contents either in whole or in parts are excluded. The user is not permitted to remove existing markings, proprietary rights notices or proprietary notices of the provider in the software and in stored data. aufwerts GmbH is entitled to carry out necessary changes at its own expense on the basis of the claims of third parties. The user can not derive any contractual rights from this.
7.2 The database contains third-party content. These are marked separately and are subject to the copyright provisions of the respective provider, which can be accessed under the links provided. In addition to the copyright provisions of aufwerts GmbH then apply the provisions of the respective company.
7.3 The user is liable to aufwerts GmbH for all damages that result from the violation of the aforementioned obligations.
§8 warranty, liability
8.1 aufwerts GmbH takes the utmost care in the creation and maintenance of the programs. Nevertheless, aufwerts GmbH can not guarantee that the programs are suitable and correct for the specific needs of the user. The user selects the content on his own responsibility and uses it on his own responsibility. The adhesion of aufwerts GmbH for the wrong use of the contents is impossible.
8.2 The functions offered are partly based on the use of the device’s own calendar. If this is not used by the user, not all functions of the app can be used. If the user omits the use or this is due to technical reasons and this results in a damage, the liability of aufwerts GmbH is excluded.
8.3 The liability of aufwerts GmbH is otherwise limited to intent and gross negligence. This does not apply to liability for damage to body, life and health, for which the statutory liability rules apply without restriction. Furthermore, aufwerts GmbH is not responsible for errors, malfunctions or damages that are due to improper operation, use of unsuitable equipment or unusual operating conditions.
8.4 Errors in computer programs can never be totally excluded according to the state of the art and with the utmost care. The user is aware of this fact.
8.5 If any defects occur, the user can inform aufwerts GmbH as soon as possible with an exact description of the defect. If these deficiencies are not due to faulty operation or malfunctions, which aufwerts GmbH is not responsible for, then aufwerts GmbH will remedy the defects in a reasonable amount of time.
8.6 Otherwise, the statutory warranty provisions apply. The contractual liability for defects is limited to 24 months upon conclusion of the contract. For possible remedial measures aufwerts GmbH grants an additional liability for defects of six months from the time of execution.
§9 Final provisions
9.1 Exclusively the law of the Federal Republic of Germany is applicable under exclusion of the international private law and the UN sales law.
9.2 aufwerts GmbH reserves the right to reject customer applications in individual cases without giving reasons.
9.3 aufwerts GmbH can change these contract conditions at any time. In this case, the terms and conditions now applicable to your order could no longer be retrievable at a later date. You have the possibility to save the current terms and conditions at the end of the document.
9.4 The nullity or invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions. They do not entail the nullity or ineffectiveness of the entire contract. The void or ineffective provisions are to be interpreted in such a way that their intended economic purpose is achieved. If a reinterpretation is not possible, the contracting parties are obliged to make an agreement that comes as close as possible to the economic purpose of the void or ineffective provision.