This is a translation of the German GTC/EULA which is the only relevant version.
Contractor
On the basis of these General Terms and Conditions (GTC), the contract is concluded between the customer and ActNow GmbH, Torstraße 35, 10119 Berlin, Commercial Register Berlin-Charlottenburg, Commercial Register Number: HRB 128198 B, Sales Tax Identification Number: DE273054217, represented by Dr. Mario C. Speck, hereinafter referred to as the provider.
Object of the contract
This Agreement governs the use of the Provider’s bolus calculator app. Because of the details of the respective offer, reference is made to the product description of the app in the app stores of Apple and Google.
Conclusion of contract
The contract is concluded exclusively in electronic business transactions via the app stores of Apple and Google. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept. The ordering process for the conclusion of the contract takes place via the in-app functions of the respective app stores of Apple and Google.
The customer is only entitled to use the app to process his own data himself in his own business for his own purposes. Actnow GmbH hereby grants him the powers necessary for this use as a simple right of use for the duration of the contract. The customer is not entitled to pass on the software or parts thereof to a third party or to enable a third party to use or take note of it or to use the app for a third party.
Term of Contract
The contract may include different terms. The different offers can be found in the respective app store of Apple and/or Google. Contract conclusion, cancellation and termination are carried out according to the respective local laws in which the app is purchased and are implemented by the app stores of Apple and Google.
Prices
All prices are final prices and include the statutory sales tax.
Payment terms
Payments are made exclusively to Apple and Google, which handle all payment transactions on behalf of Actnow GmbH. Actnow GmbH follows the guidelines of the respective app stores and has no direct influence on the payment terms.
Delivery terms
The terms of delivery are specified and implemented by Apple and Google in their respective app stores. Actnow GmbH has no influence on the delivery conditions.
Right of withdrawal
The rules for distance contracts do not apply to customers who are entrepreneurs. Therefore, these customers are not entitled to a corresponding right of withdrawal due to distance contract. The provider also does not grant such a right.
Cancellation policy for private individuals
Right of withdrawal
As a customer from an EU country, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you enter into this contract and the additional function is activated. To exercise your right of withdrawal, you must submit the respective revocations to Apple and/or Google. Revocations sent directly to Actnow GmbH cannot be accepted and processed due to the execution of all delivery and payment tasks by the respective app stores.
Consequences of Revocation
If you have effectively revoked this contract, the mutually received benefits are to be returned. If you are unable to return or surrender the received performance to us in whole or in part or only in a deteriorated condition, you must compensate us for the value to this extent. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you.
End of the cancellation policy
Disclaimer
Claims for damages by the customer are excluded, unless otherwise stated in the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer claims against them for damages. Excluded are claims for damages by the customer for injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or agent.
Language, Jurisdiction and Applicable Law
The contract shall be drawn up in German. The further performance of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. For consumers, this applies only insofar as this does not restrict any legal provisions of the state in which the customer has his residence or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law shall be the registered office of the provider.
Final provisions
The invalidity of any provision of these GTC shall not affect the validity of the other provisions.
Implementation of the ODR Directive
Online dispute resolution pursuant to Article 14(1) of the ODR Regulation
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. Notice according to § 36 para. 1 no. 2 VSBG: “We would like to point out that we are not available for participation in dispute resolution proceedings before a consumer arbitration board.”