General Terms and Conditions
§1 General Terms
- Provider of the service "meetle" is meetle GmbH, Scherlstraße 11, 04103 Leipzig (thereafter referred to as "Provider"). "meetle" is an application software (app) for mobile end devices such as smartphones and table computers. "meetle" enables a user to see which other users are located in a defined radius based on the user’s own location. Thereby, no detailed location, maps or compass directions are displayed. The service shall enable users to meet uncomplicatedly with other users. Users which are close by can be contacted with the app. The app "meetle" moreover allows a direct communication between its users.
- Furthermore, the app "meetle" provides its users the opportunity to freely design an own meetle figure (avatar). With respect to type and scope of the provided graphics users cannot raise a claim. It is at the Provider’s own discretion to partly or fully restrict the free of charge use of its graphics.
- The Provider is allowed to raise a separate fee for the usage of specific graphics (so-called in-app purchases). For each in-app purchase a separate user contract is concluded between the Provider and the user. The same applies for the purchase of further "meetle" products (merchandise such as cups, t-shirts etc.).
- The General Terms and Conditions apply to all users. They also apply to all services within the scope of the service "meetle". Further General Terms and Conditions, which the user includes into this contractual relationship, are herewith objected. A contract for the use of the app "meetle" or further services of the Provider is only concluded if the user accepts the herewith presented General Terms and Conditions of the Provider.
§2 Scope of Services
- The Provider provides its users with a list and shell view. Users which have mutually enabled each other are able to see how close the other enabled party is. The distance of the respective users is updated in regular intervals. An exact determination of the location is not taking place. Users do not have a claim on the exact determination of the distance to enabled users.
- Details on the functions of the app can be viewed on the website www.meetle.me.
- A constant availability of the named services cannot be guaranteed. The provider is entitled to definitively or temporarily change, suspend or terminate the free of charge services without previous notice to the user.
- It is pointed out that the use of the app "meetle" consumes electricity and can hence reduce the battery life depending on the intensity of use.
§3 Conclusion of Contract & Contract Processing
- The laws of the Federal Republic of Germany shall apply.
- Since the use of the app "meetle" is free of charge it is permitted to be used by every person which has completed his / her seventh year of life.
- If additional services, meaning services which are not required for the actual use of the app, are bought through in-app purchases unrestricted legal capacity of the user or the approval of his / her legal representative is implied. Upon request of the Provider, the user is obligated to provide an appropriate proof of his / her own age or the approval of the legal representative (for example a copy of the identification document).
- The contract between the Provider and the user is concluded with the download from the respective online marketplace as well as the subsequent successfully completed text message activation process.
- The contract on the use of the services subject to a charge is concluded with the payment by the user (in-app purchase). The Provider has presented the user with an offer regarding the usage of specified contents including all substantial contract components previously within the app. The term of the contractual relationship starts with the activation through the Provider and ends according to § 7.
§4 Costs of Services
- The text message activation and usage of the app "meetle" is initially free of charge.
- Since 01.01.2016 the Provider is free to charge a fee for the usage of the app. If the Provider decides to charge a fee, the user will be informed one month ahead of the introduction of the fee. The user is free to end the contract if he / she is unwilling to pay the fee for the usage of the app "meetle" (see § 7).
- Specified design possibilities which go beyond the basic version of the own meetle figure or additional services shall be charged (for example the usage of special graphics and icons; the activation of a premium version etc.). In this case, a separate in-app purchase of the respective rights of use is taking place. The use is free to conduct an in-app purchase. All prices include the statutory sales tax, where owed. All payments have to be made in advance. The invoicing and payment of an in-app purchase takes place through the respective app store. With the purchase of the app the user acquires the right of use of the desired virtual contents and services. The contents and services are intended for the individual use, for example the design of the own meetle figure, only. Any other further use is forbidden. The right of use ends at the time when the user contract ends (see § 7).
- The under section 2 specified price (user fee) can be adjusted once a year. The adjustment can lead to an increase or reduction of prices. The percentage price adjustment is based on the index of labor costs in the manufacturing and service sector of the Federal Statistical Office. The relevant deviations of the last four publicized quarterly figures of a whole calendar year of the Federal Statistical Office are thereby of relevance. The thereby identified percentage determines the price increase or price reduction. The change of the index is always proportional to the adjustment of the price, so that a unilateral skimming off of profits is excluded. The evaluation is taking place after the latest quarterly figure of the previous year is published. The right to terminate the contract according to section 2 page 3 is also valid for price adjustments.
§5 Revocation Instruction
If the user is a resident of a country of the European Union, the following revocation instruction is
valid for the use of "meetle" within the scope of the conclusion of paid services
(for example in-app purchases, distance purchases of merchandise articles).
- Right of Revocation
- You have the right to revoke a contract for pecuniary interest (thereafter referred to as contract) within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you shall inform the Provider (meetle GmbH, Scherlstraße 11, 04103 Leipzig) by means of an unequivocal explanation of your decision to revoke this contract. In order to ensure that the revocation period is met it is sufficient that you are sending the notice of exercising the right of revocation before the end of the revocation period.
- Consequences of the Revocation
- If you revoke the contract, we shall return all payments which we have received from you, including any delivery costs (excluding any additional costs which result from your choice of a different delivery type than the standard delivery at favorable price which we have chosen) immediately and in any case the latest within fourteen days starting from the day on which we have received the notice of your revocation of the contract. We are using the same means of payment for the refund as you have used for the initial transaction unless another method has been explicitly agreed upon with you; on no account there will be any fees charged to you for this refund. The purchased goods / services shall be returned or handed over to us by you immediately and in any case the latest within fourteen days starting from the day on which you inform us on the revocation of the contract. The deadline is met if you dispatch the goods / other services before the fourteen days of the revocation period expire. If the electronically supplied service can be deleted / discontinued electronically this then equals a return / handover of the provided goods / other services. We are able to deny any repayment until we have received the goods or until you have provided proof that you have sent them back, whichever is earlier. You bear the direct costs of the return delivery of the goods. You only have to bear any loss of value of the goods if it results from the handling other than what is necessary to ascertain the quality, nature and functioning of the goods. – End of Revocation Instruction -
The right of revocation does not apply for distance contracts.
- for the supply of goods which are made according to customer specifications or which are explicitly tailored to the personal needs of the user or which are not fit to be returned due to their quality;
- for the delivery of software, as long as you have unsealed the delivered data carrier.
§6 Rights and Obligations of the Users
- The user is prohibited to distribute, to leave or to provide access to any type of pornography through the service (§ 184 StDB) or to violate other laws or third-party rights (trademark, name, copyright, data protection, personal, industrial property rights etc.).
- Any content distributed by the user is owned by the user. If the user integrates own data or the like into the service (such as a status report) he / she him- / herself is responsible to own any type of rights required.
- The Provider only provides the system to the user. The responsibility for every content which is transmitted and published by the user through the service of the Provider lies with the user. The Provider is not obligated to review any communications processes, names or the like of the user for legal infringements.
- If the Provider determines that a specific content violates applicable law, the Provider is entitled to interrupt or delete the content in question and to block the user without prior notice.
- The user shall release the Provider from any claims for compensation brought by third parties as well as expenses due to a violation of the General Terms and Conditions by the user.
- In case of the loss of the own mobile number the user has no claim for his / her profile, which was assigned to the lost mobile number, to be recovered. The consequences which result from the loss of the mobile number lie solely within the risk sphere of the user.
- The use of material protected by copyright is only permitted to the user within the scope of the app "meetle". If the user uses copyright protected material outside of the app, the Provider will immediately initiate legal steps against this legal infringement. The Provider owns the copyright for all picture, movies and texts which are published in connection with "meetle" by the Provider. The use of the pictures, movies and texts is not permitted without the explicit consent of the provider.
- The user is not entitled to set off against claims by the Provider unless the counterclaims of the respective user are stated to be legally binding or undisputed.
- The user is allowed to exercise the right of retention only if the own counterclaim is based on the same purchase contract.
- The delivered good remains the property of the Provider until the purchase price is paid in full.
§7 Contract Termination
- The free of charge use can be terminated by the user at any time. The notice of termination must be given in writing to the Provider or may be implied by deleting the app from the end device (Termination of the Contract). The contract termination / deletion is possible at any time without complying to a period of notice.
- The Provider is only entitled to a termination without notice if the user has failed to comply with contractual duties or if another important reason for termination exists. The contract termination by the Provider is taking place with the discontinuation of the services and the deletion of the user profile. An important reason for an extraordinary contract termination without a notice (also implied) is for example the liquidation or insolvency of the Provider. A reimbursement of already paid fees will not take place in case of an extraordinary contract termination.
- By terminating the contract on the free of charge use of the app "meetle" the right to use graphics and other content which have been acquired through in-app purchases also ends. This means that by making a one-time payment within the scope of the in-app purchase the user has acquired the right to use the respective graphic until the termination of the user contract or the deletion of the app "meetle". It is clarified that the in-app purchase does not equate a purchase (of rights) or an unlimited transfer of the copyright protected right of use. After the contract relationship is terminated the user shall refrain from the use of any provided copyright protected works effective immediately (see §6 section 7).
- The liability for damages which are not caused intentionally or by gross negligence by the Provider or its legal representatives or agents is excluded. If the exclusion of liability towards the consumer is not effective, the liability for a slight and negligent violation of duty by the Provider is limited to the foreseeable, contractually typical, immediate average damage as defined by the type of contract. This also applies to slight and negligent violations of duty of the legal representatives or agents.
- The liability for damages arising from the injury to life, body and health and according to the product liability law remains untouched by the aforementioned liability limitations and exclusions.
§9 Data Security
- The for the business processing required data, especially the mobile numbers, are processed and stored by means of a computer system. Personal data are of course treated confidentially and solely for the operation of the app "meetle".
- The user explicitly agrees to the earmarked collection, processing and use of personal data. He / she has the right to revoke the consent with effect for the future at any time. It is pointed out that in case of a revocation the app "meetle" will not or not fully be functioning.
- Moreover, it is referred to the data protection regulation of the Provider.
§10 Changes of the General Terms and Conditions
- The Provider has the right to update the General Terms and Conditions in order to adapt to the technical requirements of the app "meetle" the market situation or legal changes.
- With respect to price adjustments only the provisions of § 4 are of relevance.
§11 Final Provisions
- The provisions of the United Nations Convention on Contracts for the International Sale of Goods, CISG does not apply.
- If the customer is a merchant, a legal entity under public law or a public law special fund, the exclusive legal venue for all disputes from this contract is our registered office in Leipzig. The same applies if the customer does not have a general place of jurisdiction in Germany or a residence or habitual residence are unknown at the time the action is filed.
- If a provision of the General Terms and Conditions shall be or become invalid, the validity of the rest of the General Terms and Condition will not be affected. Instead of the invalid provision the effective and enforceable provision is considered as agreed upon which comes legally and economically closest to what user and Provider have wanted or, according to the sense and purpose of the General Terms and Conditions, would have wanted.
© meetle GmbH 2016