1. Scope
These General Terms and Conditions (“GTC”) apply between GXperts GmbH and users of the software for mobile devices (“Apps”) offered by GXperts GmbH. These GTC govern the conditions for downloading and using the various Apps. By using our Apps, the user agrees to these GTC.
2. User Requirements
The functionality of the Apps may differ depending on the operating system. The functions are described in the respective app store, such as iTunes, Google Play, etc. (hereinafter collectively referred to as “App Store”). The hardware and firmware requirements for operating the App on end devices are listed in the App Store.
Updates to the Apps will be provided by GXperts GmbH to the extent required by law. Further updates are reserved at the discretion of GXperts GmbH.
For the user to download current content to their device using the Apps, GXperts GmbH requires a stable Internet connection on the user’s device. After downloading content within an App, the user can use the content offline, independently of an Internet connection.
GXperts GmbH reserves the right to modify an App at any time in a manner reasonable for the user, e.g. to further develop and improve its quality. This applies to both technical and content-related developments.
3. In-App Purchases and Subscriptions
With the App, the user can access current content in the form of a self-renewing in-app subscription (“Subscription”). The available durations are displayed in the order options. A Subscription includes the updating of the content database through an update service.
Billing (see Section 4 Payment Processing) and management of the Subscription are handled exclusively via the user’s App Store account. The contract for the in-app purchase and subscription is concluded between the user and the respective App Store operator.
The Subscription is automatically renewed upon expiry of the minimum contract term. Automatic renewal can be disabled up to 24 hours before expiry via the account settings in the App Store.
A Subscription can be terminated via the account settings in the App Store. After termination, the user may continue to use already downloaded content. However, no further updates will be provided, nor will access to earlier versions of content prior to the last downloaded version be possible.
4. Payment Processing and Right of Withdrawal
Payment processing for paid Apps and in-app purchases is handled directly with the App Store operator via the user’s account.
Refunds of payments made in the App Store by GXperts GmbH are excluded. The terms and conditions of the App Store providers apply in this respect.
Any right of withdrawal must be exercised exclusively with the App Store providers. Their terms and conditions apply accordingly.
5. Data Backup
GXperts GmbH does not guarantee that entries in the personal favorites list of the App (e.g. notes, bookmarks, etc.) will be permanently saved. In particular, such entries may no longer be available after updates.
6. Limitation of Liability
GXperts GmbH exercises the care generally expected of a publisher in the selection, maintenance, and updating of content. However, GXperts GmbH does not warrant the accuracy, timeliness, or completeness of the content provided, nor its selection or compilation. This applies in particular insofar as GXperts GmbH relies on the supply of texts by third parties.
Insofar as the availability of the App depends on services provided by third parties (in particular telecommunications providers), GXperts GmbH assumes no liability for such availability.
GXperts GmbH is liable:
In the event of simple negligence in breaching a duty essential for achieving the purpose of the contract (cardinal obligation), the liability of GXperts GmbH is limited to the damage that is foreseeable and typical for this type of transaction.
Any further liability of GXperts GmbH is excluded.
7. Intellectual Property Rights
GXperts GmbH reserves all rights, in particular copyrights and trademark rights, to the Apps and all content provided within the Apps.
In particular, the compiled content of the App constitutes databases created by GXperts GmbH. The associated programs are also protected as code under copyright law.
By downloading an App, the user acquires a limited, non-exclusive, non-transferable license for the duration of the installation to download, install, and use the App on any compatible device owned or controlled by the user. The right of use also includes updates (upgrades, patches, etc.).
The user acquires a simple, non-transferable right of use for content accessed in the App. This right permits the user to download content onto their device and consume it. It is limited to the period of use agreed for the respective content. In particular, in the case of subscriptions, the right of use for old versions of content ends upon termination of the subscription.
The user is not permitted to decompile, reverse-engineer, disassemble, attempt to derive the source code, decrypt, modify, or create derivative works of the App or its content, or reuse it in other software. Statutory rights under Sections 69a et seq. of the German Copyright Act (UrhG) remain unaffected.
The statutory copyright limitations remain unaffected.
8. Final Provisions
Side agreements, amendments, or supplements must be made in text form to be valid. This also applies to the waiver of the text form requirement.
German substantive law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of performance is the registered office of GXperts GmbH. If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship shall be the registered office of GXperts GmbH. GXperts GmbH is also entitled to bring action at the user’s general place of jurisdiction.
If, after conclusion of the contract, the user relocates their residence or habitual place of abode outside the Federal Republic of Germany, the place of jurisdiction for all disputes arising from this agreement shall be the registered office of GXperts GmbH. The same applies if the user’s residence or habitual place of abode is abroad.
Deviating or supplementary terms and conditions of the user shall not become part of the contract, unless GXperts GmbH has expressly agreed to their validity.
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