General Terms Of Use (App)

flocbit software, Julian Meier, Revaler Straße 101, 10243 Berlin

Date: 13.12.2022

 

1. Scope of application

1.1. These terms of use apply to the installation, use and chargeable offers
of the mobile app “Sonuby”. In addition, the terms of use of the app stores
of Apple and Google and the statutory provisions apply.

1.2. Users accept these terms of use by expressly confirming them prior to
their first use.

1.3. These terms of use may be amended as necessary, provided that the
amendments do not unreasonably disadvantage users. Users will be informed of
any changes.

 

2. Installation

2.1. The app is offered for download on the Apple App Store and Google Play
Store. After downloading, the app automatically installs itself on the
user’s device.

2.2. An installation requires that the version of the operating system
specified in the app description is installed on the end device of the user.
New versions of the app may only be used after an update of the operating
system. flocbit software is not obliged to support old versions of operating
systems.

 

3. Contents and functions

3.1. The app provides location-based weather data and forecasts, which are
displayed as text, in graphical form and in the form of weather maps.
Weather data originates from meteoblue AG, located at Greifengasse 38, 4058
Basel, Switzerland, and is accessed via an internet connection.

3.2. Users can display location-based weather data by manually selecting a
location or automatically by activating the GPS function of their mobile
device.

3.3. The paid premium version offers extended access to weather data,
configuration options and is free of advertising.

3.4. flocbit software shall provide updates of the app to the extent
required by law in accordance with § 327f BGB. flocbit software
reserves the right to provide any further updates at its sole discretion.

3.5. To download current content of the app, an internet connection is
required. After downloading contents (except weather maps), the user can use
it independently of an internet connection (offline).

3.6. flocbit software reserves the right to change the app at any time in a
manner reasonable for the user. This applies to technical changes as well as
changes in content.

 

4. Advertising

4.1. flocbit software is entitled to show advertisements within the free
basic version.

4.2. The advertising can be individualized depending on the usage behavior,
the user profile, the location of the user and other personal data. The
placement of advertising takes place within the framework of data protection
laws.

5. Subscription

5.1. The use of the basic version with limited functionality is free of
charge. The use of the paid premium version requires the conclusion of a
subscription. The subscription is concluded by means of an in-app purchase.
The various terms and associated prices are displayed in the order options.

5.2. By concluding a subscription, a contract between the user and flocbit
software shall be concluded. Payment shall be processed exclusively via the
store operator and by debiting the means of payment deposited by the user
with the store operator. A refund of payments made in the App Store or
Google Play Store by flocbit software is excluded. Any right of revocation
shall be exercised exclusively vis-à-vis the store operators. In this
respect, the terms of use of the respective store operator shall apply.

5.3. Before the start of the paid period of a subscription, users have the
option to test the subscription during a free trial period. Trial period is
seven days for an annual subscription and three days for a monthly
subscription. During trial period, the subscription can be cancelled at any
time. After trial period, the subscription comes into effect and is
automatically renewed if not cancelled before the end of the term.
Cancellation is possible up to 24 hours before the next renewal.
Cancellation can only be done via the user’s account settings in the
respective store.

5.4. Terminated subscriptions can be reactivated via account settings in the
respective store. For the term and cancellation of a reactivated
subscription, the same conditions apply as for the initial conclusion of a
subscription.

5.5. Upon termination of a subscription, the user automatically switches to
the free basic version. The use of already downloaded content, content
created by the user during the paid period and access to paid features is no
longer possible.

 

6. Rights of use

6.1. The app including all components and contents is intellectual property
of flocbit software. In particular, the contents of the app are a database
protected by copyright. The program code is also protected by copyright.

6.2. The user acquires a non-exclusive and non-transferable right of use,
limited in time to the duration of use, to use the app on his end device.
The right of use also includes any updates. The right to use content of the
paid premium version ends with the end of the subscription.

6.3. The user is not permitted to decompile, reverse engineer, disassemble,
attempt to derive the source code, decrypt the source code, modify or create
derivative works of the app or its contents or reuse them in other software.
This does not affect the mandatory statutory provisions under Section 69a et
seq. of the German Copyright Act (UrhG) and the copyright restrictions.

 

7. Defect rights

7.1. Users have the statutory rights in case of defects. A defect exists if
the app does not meet the requirements of § 327e BGB.

7.2. The rights of the user result from § 327i BGB. Accordingly, the
user may demand subsequent performance, terminate the contract or reduce the
price and demand damages or reimbursement of futile expenses if the
statutory requirements are met.

 

8. Liability

8.1. The use of weather data and forecasts is at the user’s own risk.
flocbit software is not liable for the completeness, accuracy and timeliness
of weather data and does not assume any warranty in this respect. Especially
for weather-dependent outdoor activities, weather forecasts do not provide a
sufficient basis for the user’s own planning. Due to various influences on
the weather, this can change at any time.

8.2. flocbit software does not warrant those configurations made by the User
will be stored permanently. Especially after updates, these may no longer be
available.

8.3. flocbit software shall not be liable for disruptions of data
connections between the App and servers of flocbit software or between
servers of flocbit software and other companies. The same shall apply to
disruptions in mobile networks or satellite connections.

8.4. flocbit software shall be liable for personal injury and other damages
caused intentionally or by gross negligence in accordance with the statutory
provisions. For pecuniary damages based on the slightly negligent breach of
a material contractual obligation, flocbit software’s liability shall be
limited to the amount of the foreseeable damage typical for the contract.

8.5. If the user’s fault has contributed to the occurrence of a damage, the
obligation to compensate as well as the extent of the compensation to be
paid shall depend on the circumstances, in particular on the extent to which
the damage was primarily caused by flocbit software or the user. This shall
also apply if the user’s fault is limited to the fact that the user failed
to draw flocbit software’s attention to the risk of an unusually high
damage, which flocbit software neither knew nor should have known, or that
the user failed to avert or mitigate the damage.

 

9. Final provisions

9.1. The law of the Federal Republic of Germany shall apply to all legal
relationships of the contracting parties to the exclusion of the laws on the
international purchase of movable goods. Within the EU, this choice of law
shall apply to consumers only to the extent that the mandatory protection of
the law of the EU country in which the consumer has his habitual residence
is not withdrawn.

9.2. The EU Commission provides a platform for online dispute resolution at
http://ec.europa.eu/consumers/odr. This platform serves as a contact point
for the out-of-court settlement of disputes arising from online purchase
contracts involving a consumer. flocbit software is neither willing nor
obligated to participate in dispute resolution proceedings before a consumer
arbitration board.