GENERAL TERMS AND CONDITIONS
§1 Scope of application
(1) These terms and conditions govern the use of the YAZIO application (app). They apply regardless of whether the app is used free of charge or for a fee.
(2) Only the following terms and conditions apply between YAZIO GmbH (hereinafter “Provider”) and the user (hereinafter “User”) as amended at the time of use.
§2 Definition of terms
(1) The term “YAZIO App” refers to the programme entitled “YAZIO” sold under the name “YAZIO”. This programme can be installed and operated on devices such as mobile telephones, tablet PCs and other mobile devices.
(2) The terms “Consumer” and “Entrepreneur” correspond to the legal definitions in Sections 13, 14 German Civil Code (BGB). The User is thus the “Consumer” insofar as the use or purchase of the YAZIO App cannot be assigned primarily to the User’s commercial or self-employed professional activity. In contrast, “Entrepreneur” refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business or profession when using the YAZIO App or entering into the contract.
(3) “Market place” refers to the shops (stores) of Market place operators such as Google (“Google Play”) or Apple (“App Store”) where the User can select and download the YAZIO App to be installed on the User’s device.
§3 Available types of use
The YAZIO App can be operated free of charge or for a fee. The app is always free of charge when installed - e.g. via the Google or Apple Market places. Use for a fee always requires special, express consent by the User in the app (“in-app-purchase”, see below § 4).
§4 Use of the YAZIO App, in-app purchases
(1) The User can select and install the YAZIO App in the respective Market place. By installing the app, the User accepts these General Terms and Conditions.
(2) A user account is required to use the YAZIO App; this in turn requires that the User enters an email address and a password.
(3) If the User would like to use the wide range of features offered by the pay version of the YAZIO App, the User can upgrade through the so-called “in-app purchase”. The upgrade mechanism may differ depending on the Market place platform; please refer to the respective Market place operator’s terms and conditions to determine the course of action required. The purchase contract is subject to the conditions of the respective Market place. Those conditions also determine whether the purchase contract is concluded between the User and the Market place or between the User and YAZIO GmbH.
(4) In-app purchases are billed by the respective Market place. The payment terms stipulated by the respective Market place operator apply.
§5 Warranty for defects of quality, guarantee
Provided that the purchase contract between the Provider and the User is effected, the Provider is liable for defects in the app in line with the applicable statutory provisions, particularly pursuant to the general provisions of Sections 434 et. seqq. German Civil Code (BGB). The warranty period for the app made available to Entrepreneurs by the Provider is twelve months.
(1) User claims to compensation for damages are excluded. This does not include a user’s claims to compensation of damages for injury to life or limb, health or damages caused by breach of material contractual obligations or liability for other damage caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.
(2) If material contractual obligations are violated, the Provider is only liable for the typical foreseeable damage if such damage was caused by ordinary negligence, unless the User’s claim for compensation of damages is based on an injury to life, limb or health.
(3) The limitations of sub-sections (1) and (2) shall also apply in favour of the Provider’s legal representatives or vicarious agents if claims are asserted directly against such persons.
§7 Instructions on right of withdrawal
(1) If the contract is entered into with the Provider (and not the Market place operator), the User has a statutory right of withdrawal against the Provider, as explained in detail under (2). Exceptions to the right of withdrawal are stated under (3). The sample withdrawal form is available under (4).
(2) Instructions on right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without reason. The period for the right of withdrawal amounts to fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must inform us (YAZIO GmbH [address, e-mail, telephone, fax]) in a clear statement of your decision to withdraw from this contract (e.g. by sending a letter by post, fax or email). You may use the enclosed sample withdrawal form, but this is not mandatory. The withdrawal deadline is deemed met if the letter stating your decision to use your right of withdrawal is dispatched before the withdrawal deadline expires.
Consequences of the notice of withdrawal
If you withdraw from this contract, we must return any and all payments that we have received from you without undue delay and at the latest within fourteen days from the day on which we received your letter stating your withdrawal. We use the same means of payment for this repayment as you used for the original transaction, unless we have explicitly agreed something else; under no circumstances will we charge you a fee for this repayment.
(3) The right to withdraw from any purchase made via the YAZIO App ends when the Provider has begun to perform the contract, i.e. has begun providing the payable functionalities of the YAZIO App after the User has expressly consented to the Provider beginning to perform the contract before the period for the right of withdrawal has expired, and the User has confirmed that it is aware that it loses its right to withdraw upon performance.
(4) Sample withdrawal form
(If you wish to withdraw from the contract, please fill in this form and send it back to us).
— To: YAZIO GmbH, Erich-Kästner-Str. 1, 99094 Erfurt, Germany — I/we withdraw (*) from the contract I/we (*) entered into concerning the purchase of the following goods (*)/the performance of the following service (*) — ordered on (*)/received on (*) — Consumer’s name — Consumer’s address — Consumer’s signature (only if notification is made in writing) — date (*) delete as applicable
§8 Final provisions
(1) Contracts entered into between the User and the Provider are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the Consumer has its habitual abode, remain unaffected.
(2) If the User is an Entrepreneur, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider.
(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.
DATA PROTECTION POLICY
(1) Collecting personal information and Provider identification
This Data Protection Policy informs you about the collection of personal information when using our app. Any data that is suited to identify you personally is deemed personal information. This includes, for instance, your e-mail address and usage behaviour.
YAZIO GmbH is the provider of the services within the meaning of Section 13 German Telemedia Act (TMG) and the controller within the meaning of Section 3 (7) German Federal Data Protection Act (BDSG). For further information, please consult the Legal Information section on our website.
(2) Rights to information and withdrawal
You are entitled at any time to request information concerning your personal data that we have stored, its origin, the recipients or the categories of recipients to whom this data is transmitted and the purpose for storing such data.
You may withdraw any prior consent given to us to use the data at any time.
Any and all requests to information or withdrawals concerning data processing should be directed via e-mail to firstname.lastname@example.org or to the address stated in the Legal Information section.
(3) Data security
We take appropriate technical measures to create data security, particularly to safeguard your personal information when data is transmitted and against third party access. These measures are constantly updated in line with the current state of technology.
(4) When downloading or purchasing the app, data, in particular user name, e-mail address, the number of your user account, download time and, if applicable, payment information and the individual device number are transmitted to the Google Play Store or iTunes App Store. This data collection is not performed by us, but by the operator of the respective store; we cannot influence this. We process the data made available to us to the extent that this is required to purchase or download the app to your device; no further storing of data takes place. Data collected via Apple Health Kit or via other 3rd-party providers (Google Fit, Samsung Health, Fitbit, Garmin, etc.) will not be used by YAZIO for marketing and advertisement.
(5) When using the app, we collect the following personal information in order to allow the app to work:
- the e-mail address stated when you set up the user account;
- the password you used to set up the account;
- if applicable, your first name or user name stated when you set up the account;
- your mobile phone model;
- the name of your mobile phone/tablet PC.
(6) We implement a so-called advertising identifier (IDFA) for devices with the iOS operating system. The IDFA is made available by iOS; it is a unique, but not personalised and not permanent number that identifies a certain end device. Date gathered with the IDFA is not linked to other device information. We use the IDFA in order to send you personalised advertising and to analyse your usage. If you enable the “Limit Ad Tracking” option in the iOS settings under “Privacy” - “Advertising”, we can only perform the following measures: measure your interaction with banners by counting the number of times a banner is shown without being clicked on (“frequency capping”), click rate, unique user assessment and security measures, fight against fraud and debugging. You can delete the IDFA at any time in the device settings (Reset Advertising Identifier) to create a new IDFA that is not linked to previously gathered data. We inform you that you may not be able to use all app functions if you restrict the use of IDFA.
(7) Google Analytics
We use Google Analytics, an analysis service of the company Google Inc. (“Google”). The information gathered by Google Analytics is usually transmitted to a Google server in the US and stored there. Google will use this information on our behalf to analyse how you use the app, to compile reports on app activities and to render additional services associated with the use of the app and the internet to us.
Our app uses Google Analytics with the extension “_anonymizeIp()”. This means IP addresses are processed in a shortened form to prevent persons being identified. The IP address transmitted from your device within the scope of Google Analytics will not be brought together with other Google data.
The use of Google Analytics is subject to the conditions the German data protection authorities have agreed with Google. Third party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of service: http://www.google.com/analytics/terms/gb.html, information on data safeguarding: http://www.google.com/intl/en/analytics/learn/privacy.html, as well as the data protection policy: http://www.google.com/intl/en/policies/privacy/.
(8) Use of Google AdMob
Our app uses Google Inc.’s online AdMob advertising service in order to display advertisements that are tailored to meet your preferences. We do not have any influence on the data collected and do not know the full extent of data collection practices. The data is transmitted to the US and analysed there. Such data may be passed on to Google’s contracting partners or to authorities. This website has also activated Google AdMob advertisements by third parties. The aforementioned data may be transmitted to such third parties (a list of such third parties is available at https://support.google.com/adsense/answer/94149?hl=en). You can block the use of AdMob by either not using the app or by deactivating the internet connection of your end device.
Additional information on the purpose and scope of data collection and the processing of your data and additional information on your respective rights and setting options to protect your privacy is available at: Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; data protection policies in advertising: http://www.google.de/intl/en/policies/technologies/ads
(9) Our app uses Facebook Inc.’s software development kit (SDK) in order to display advertisements that are tailored to meet your preferences. For this purpose, the app transmits pseudo-anonymised data to enable Facebook to analyse the data and customise its advertising services accordingly. The data is transmitted to the US and analysed there. Such data may be passed on to Facebook’s contracting partners or to authorities.
Additional information on the purpose and scope of data collection and the processing of your data and additional information on your respective rights and setting options to protect your privacy is available at: Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA; additional information on Facebook SDK is available at https://developers.facebook.com/docs/ios for IOS and at https://developers.facebook.com/docs/android for Android.
Contact & Legal information: https://www.yazio.com/en/contact
Picture sources: https://www.yazio.com/en/picture-sources
Press information: http://press.yazio.com/en