General conditions of use
- The following conditions of use shall apply as general terms and conditions for the use of the DoDay App (hereinafter “App”), which is provided by the Refinca UG (haftungsbeschränkt), Königsberger Weg 1, 64331 Weiterstadt, Germany (hereinafter “Refinca”).
- The App is available for Android and iOS and can be downloaded and installed free of charge in the respective App-Stores (Google Play and Apple App Store) under the conditions applicable there. For use of the respective App-Stores, the conditions of use of the respective operators apply exclusively.
- By downloading the App from the App-Store or by accepting these conditions of use, a license agreement for use of the App is made between the user and Refinca. Neither the App-Store operator nor a related company become a contracting party of this license agreement.
II. Range of functions
- The App provides, inter alia, the following functionalities to the user:
- Creating tasks
- Assigning tasks to specific days
- Marking tasks as done
- Assigning tasks to an importance level
- Saving tasks locally on the phone
- In the free basic version of the App, the user can create and manage up to 50 unfinished tasks. Additional rights to use the App are granted within fee-based subscriptions or ‘one-off’ purchases that are provided by in-app purchases (see V.); hereby, up to 200 tasks per day and up to 400 tasks per week can be created, whereby the total number of unfinished tasks must not exceed 500.
- Refinca reserves the right to delete tasks that have been marked as done for a time period of more than 30 days. Furthermore, Refinca reserves the right to delete data from users using the free basic version of the App if they have not opened the App for a time period of more than a year.
- The App is constantly developed and thus new features and services are offered at regular intervals. Additional features and services within the App can be or become fee-based. In this case, Refinca will inform the user about the prices and features beforehand.
- Furthermore, Refinca is allowed at any time to change, limit, or discontinue features within the App that are provided for free or to only offer them fee-based.
- To fully use the functions of the App, the mobile device on which the App is installed must provide an internet connection.
III. Use of the App; Rights
- Refinca grants the user the non-exclusive, non-sublicensable, non-transferable right to use the App and all its digital content according to these conditions of use.
- The granting of the right of use is subject to the condition of compliance with these conditions of use. In the case of a violation by the user against these conditions of use, the rights to use the App and its contents automatically expire. Refinca can, at its sole discretion and without prior notice, partially or completely lock a user’s access to this App including all its functions and contents if there are reasons to believe that the user violates the conditions of use or causes damage by using the App including its contents.
- Besides an expiration of the right of use, a violation of these conditions of use can have further legal consequences for the user, for example in the case of illegal use of the App and its contents. This includes the omission of further use and claims for compensation.
- The App has contents that are protected in favor of Refinca or in favor of third parties by copyright, trademark, and/or other protective rights.
- The rights to content that a user uploads within the App remain with the user. With the upload however, the user grants Refinca a non-exclusive, free-of-charge, and at any time revocable right of use of the content for the purpose of fulfilling the obligations under the license agreement.
IV. Obligations and responsibilities of the user, prohibitions
- The user is not entitled to edit, copy, distribute, publicly reproduce, publicly display, advertise or use content of Refinca (text, images, data etc.) provided via the App or individual parts thereof beyond the contractually agreed purpose, unless this is expressly permitted under these conditions of use or by law.
- The user is not permitted to change, adapt, translate, create derivative works from, reverse engineer, disassemble, or decompile the App or otherwise attempt to derive the source code of the App. Legal powers remain unaffected, especially the right of the user to decompile the App to obtain the necessary information to establish its interoperability with other programs, unless Refinca makes it available to him on reasonable terms. The user is not allowed to decompile the App for other purposes.
- In addition, any use of the App that has a negative impact on the App itself or on websites connected to it, or on software accessed through the App is prohibited. In particular, any manipulation of the App or the program code, for example by viruses, Trojans or other harmful program codes or other actions or tools that could lead to damage to the App, the service, the digital content, or technical equipment is prohibited.
V. Free basic version, in-app purchase, and payment conditions
- The use of the free basic version (see 2.2.2) is free of charge.
- The payment processing of in-app purchases is directly handled by the operator of the App-Store via the user account.
- As soon as the user has confirmed the in-app purchase in the App-Store, the user account in the App-Store will be debited with the respective amount.
- Refinca reserves the right, at its sole discretion, to make in-app purchases available only in certain regions, at limited times, or not at all.
VI. Contract term and termination
- The license agreement between the user and Refinca is concluded for an indefinite term, unless and to the extent that the conditions of the respective in-app purchase state something else. If no specific term has been agreed on, the license agreement can be terminated at any time with a notice period of three months without having to give any reasons. Termination has to be done in text form (e.g. E-Mail). In the case of an App subscription, the user also has the option of preventing the license agreement from being renewed for a new subscription period by clicking on the cancellation button integrated in the App; however, this must be done at least 24 hours before the new subscription period begins. Otherwise, the license agreement will be extended by the agreed new subscription period.
- The right of the user and of Refinca to terminate the license agreement at any time for good cause remains unaffected. An important reason for Refinca is in particular a use contrary to the obligations and prohibitions regulated in these conditions of use.
VII. Accessibility, support, discontinuation of the App
- 1. Refinca ensures an annual average accessibility of the App of 98%. Excluded from this are times when the App cannot be reached due to force majeure, external manipulation or other problems that are beyond the control of Refinca or its vicarious agents.
- 2. In case of problems with using the App, the user can contact Refinca as follows: Refinca UG (haftungsbeschränkt), Königsberger Weg 1, 64331 Weiterstadt, E-Mail: email@example.com.
- 3. Refinca reserves the right to discontinue the App. In such a case, all users will be informed about the discontinuation of the App via communication in the App or by E-Mail. After this notification, users that have made an in-app purchase can still use the App until the end of their current subscription period; at the end of this subscription period, the subscription ends automatically without the need for a cancellation. If the App was purchased without a limited term, the user can still use the App until the end of the 3-month cancellation period.
- Refinca is liable to the user without limitation only
- For damages that have been caused intentionally or by gross negligence,
- For damages resulting from non-compliance with guarantees given in writing to the extent covered by the purpose of the guarantee,
- In the case of fraud,
- In the case of physical or personal injuries,
- In the cases of product liability according to the product liability law.
- Insofar as the liability of Refinca is excluded or limited according to these provisions, this shall also apply to the liability of Refinca’s organs, vicarious agents, and assistants, including the employees.
- If Refinca is held liable by a third party due to a violation of these conditions of use by the user, the user indemnifies Refinca against all claims and costs arising directly or indirectly from this, including reasonable costs for defense by a lawyer. This does not apply insofar as the user is not responsible for the violation.
IX. Data protection
Refinca observes relevant data protection regulations. User data are handled confidentially and in a manner permissible under data protection law. The privacy statement available at www.refinca.de/datenschutz provides more detailed information about the collection, processing and use of personal data in connection with the App.
X. Right of revocation
Insofar as the user cannot be assigned to a commercial or independent professional activity, the following provisions apply to him as a consumer within the meaning of § 13 BGB:
Right of revocation
You have the right to revoke this contract within fourteen days without having to give any reasons. The revocation period is fourteen days from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us Refinca UG (haftungsbeschränkt) Königsberger Weg 1 64331 Weiterstadt E-Mail: firstname.lastname@example.org by means of a clear statement (e.g. a letter sent by mail or an E-Mail) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send off the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will we charge you any fees for this refund. The right to revoke an in-app purchase expires if Refinca has started to execute the contract, i.e. to provide the paid functions of the App, after the user has explicitly agreed that Refinca starts to execute the contract before the end of the revocation period and has confirmed his knowledge that he loses his right of revocation by his agreement with the start of the execution of the contract.
Sample revocation form
(If you want to revoke this contract, please fill out this form and send it back to us.) To Refinca UG (haftungsbeschränkt), Königsberger Weg 1, 64331 Weiterstadt, E-Mail email@example.com: Herewith, I/we (*) revoke the contract I/we (*) have concluded for the purchase of the following goods (*)/the provision of the following service (*) Appointed on (*)/received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for notification on paper) Date _________
(*) Strike as applicable
XI. Final provisions
- Contracts between Refinca and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the user as a consumer has his habitual residence, shall remain unaffected.
- For out-of-court settlements, it is possible to initiate arbitration proceedings via the EU’s OS platform. The arbitration board can be reached under the link http://ec.europa.eu/consumers/odr/ . However, Refinca is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
- Should individual provisions of these conditions of use be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected.