terms & conditions

Terms of use (Terms and Conditions)
Pick me app

 

mogwAIntelligence GbR offers this app (in the following referred to as „App„) for Apple Devices (in the following referred to as „mobile devices„) via the Apple iTunes App Store, in the following all referred to as „App Store“). The users of the App are hereinafter referred to as „User„.

The App as defined above may also include any existing additional services such as the purchase of premium features (in the following referred to as „Premium Features“).

Table of Contents:

  • 1 Scope of application
  • 2 Authorized users
  • 3 Conclusion of contracts
  • 4 Limits of use / Prohibited conduct / Functions / The collection of location data and possible costs incurred.
  • 5 App purchase / Premium functions / Data connections
  • 6 Duties and obligations of users
  • 7 Further developments / condition / defects
  • 8 Limitation of liability / accessibility
  • 9 Industrial property rights and copyrights / user-generated content
  • 10 Term of contract, ordinary termination / virtual domiciliary right / extraordinary termination
  • 11 Changes to the terms of use
  • 12 Final provisions
  • 1 Scope of application

1.1 mogwAIntelligence GbR enables the use of the app within the scope of its own existing technical and operational possibilities. mogwAIntelligence GbR provides all services in connection with the app exclusively on the legal basis of these terms of use as well as on the basis of further conditions, insofar as such further conditions are expressly referred to in these terms of use.

1.2 mogwAIntelligence GbR disagrees with the validity of any general terms and conditions or other conditions of the users. These shall only become part of the contract if mogwAIntelligence GbR expressly agrees to them in written form.

  • 2 Authorized users

2.1 The app offered by mogwAIntelligence GbR is aimed exclusively at consumers. The use of the app for commercial purposes is not permitted. The use of the app is for entertainment purposes only.

2.2 If the user is a minor, he/she assures the existence of the consent of his/her legal representative. mogwAIntelligence GbR is permitted, but not obliged, at any time to request written proof of the user’s majority or a declaration of consent of his/her legal representative.

  • 3 Conclusion of contracts

3.1 It is necessary to download and install the app from the app store, for its use. This requires the existence or a new creation of an account at the App Store. By downloading the App from the App Store, the User receives a personal, limited, single, perpetual, non-transferable licence to install the App on a mobile device. The licence is valid for all mobile end devices linked to the App Store account.

3.2 In order to use the app, it may be necessary for the user to be logged into services such as those provided by Apple, as the manufacturer of the respective mobile end device or as the manufacturer of the operating system of the mobile end device.

3.3 These terms of use can be viewed in the app store and printed out or saved on a permanent data storage medium before the app is downloaded by the user.

3.4 The conclusion of contracts, in particular those concerning the purchase of the app or premium functions for real money, is also subject to the terms and conditions of the app store.

  • 4 Limits of use / Prohibited conduct / Functions / The collection of location data and possible costs incurred.

4.1 mogwAIntelligence GbR provides the app only for use in accordance with this contract.

4.2 The user is not authorised to use measures, mechanisms or software in connection with the app that may interfere with the function and operation of the app. The user may not take any measures that may result in an unreasonable or excessive load on the technical capacities of mogwAIntelligence GbR. In particular, the user is not permitted to block, overwrite or modify content generated by mogwAIntelligence GbR unless this has been expressly permitted in writing by mogwAIntelligence GbR.

4.3 The user is not permitted to add elements to the app or to change, delete or modify elements of the app in any other way without the prior express written consent of mogwAIntelligence GbR. In particular, the user is not permitted to copy, extract or otherwise use graphic elements or to attempt to decompile the source code of the app.

4.4 The user shall not introduce or transmit any content with illegal or immoral content into the app. This also applies to the content of communication insofar as mogwAIntelligence GbR enables users to communicate with each other in the app. This also applies to display names created by the user. The name chosen may not infringe the rights of third parties (in particular copyright, personal rights, trademark rights, company rights, etc.) or offend common decency, e.g. offend the religious feelings of third parties, be racist, discriminatory, pornographic or sexist. mogwAIntelligence GbR expressly distances itself from such behaviour. The user may not use any tools that interfere with the operation of the app (in particular so-called „bots“, „hacks“, etc.). The user may also not offer or advertise such tools. In particular, the user is prohibited from obtaining premium functions or other advantages, such as the systematic or automatic control of the app or individual functions of the app, by using third-party software or other applications. The same applies to the planned exploitation of software errors for one’s own benefit („exploits“).

4.5 The user is not permitted to distribute commercial advertising for third-party products or software in the app. The user may also not refer to offers with such content.

4.6 Settings, contacts or in-app purchases may be tied to the app installed on the mobile end device used and cannot be transferred. The user has no claim against mogwAIntelligence GbR in the event of deletion of the app and subsequent re-installation or change of the mobile end device and subsequent re-installation of the app does not assure any equivalence of the usage experience when using the app via different end devices and via mobile data connections. 

4.7 With the application „Pick me app“ it is possible to generate an SMS that can send the GPS location of the user. More precisely, you have the possibility to generate a link that contains a text message and your location. You can send this manually to a contact you have predefined. The app itself does not send any text messages. To send the location, the location services must be activated in your mobile device’s operating system. You can disable this setting at any time in the system settings of your device. Depending on the condition of the device and the weather conditions, GPS signals may deviate or be inaccurate. We recommend that you check the exact location again before sending the SMS in order to verify the pick-up location. 

Increased power consumption is possible due to GPS use, which may release more heat depending on the device. We, the developers, do not accept any liability for any damage resulting from this. If no GPS signal is available, the app will not work properly. If you decide to send the generated message and your location via the SMS/MMS service with data roaming of your mobile phone provider, a valid GPS signal and sufficient network capacity of your mobile phone provider must be available. Depending on the terms of the contract between you and your mobile phone provider, costs may be incurred at this point. Please contact your mobile phone provider for more information on this to avoid incurring costs (especially when used abroad).

  • 5 App purchase / Premium functions / Data connections

5.1 The purchase and download of a free or paid app takes place in the app store (hereinafter referred to as „app purchase“). The app purchase is processed by the app store. The conclusion of the contract and the processing of payments are governed by the terms and conditions of the App Store. In addition to using the basic version, users have the option of purchasing premium functions for the app from mogwAIntelligence GbR. mogwAIntelligence GbR shall inform users separately about the respective functions, requirements and prices of the premium functions before they are used in the app. The purchase of premium functions is possible directly in the app (hereinafter referred to as „in-app purchase“). The in-app purchase is handled by the app store. The conclusion of the contract and the processing of payments shall be governed by the terms and conditions of the App Store.

5.2 The purchase of an App and/or the purchase of Premium functions is made in this case by the means of real money. The conditions of the App Store apply.

5.3 mogwAIntelligence GbR does not transfer ownership to the users, but only a right of use to the app. Insofar as „selling“ is mentioned in connection with the acquisition of the App and/or the Premium Features, this refers to the granting of the right of use. The terms „buyer“, „seller“, „sale“, „acquisition“ and similar terms have corresponding meanings. The right to use the app and/or the premium functions ends at the latest when the contract between the user and mogwAIntelligence GbR on the use of the app and/or the premium functions ends.

 

  • 6 Duties and obligations of users

6.1 The user’s main contractual responsibility is the payment of any fees that may be due.

6.2 mogwAIntelligence GbR secures its systems against virus attack. Nevertheless, a virus attack can never be completely ruled out. In addition, it is possible that unauthorised third parties send messages using the name of mogwAIntelligence GbR without the consent of mogwAIntelligence GbR, which contain viruses or so-called spyware, for example, or link to web content that contains viruses or spyware. This is beyond the control of mogwAIntelligence GbR. Users should therefore check all incoming messages sent under the name of mogwAIntelligence GbR. This also applies to any messages from other users.

6.3 mogwAIntelligence GbR is not responsible for any damage or loss of data that may result from the installation of software not originating from mogwAIntelligence GbR on the users‘ mobile phone devices.

6.4 The user undertakes not to use the mobile end device or the app store or app account, the login name or the password of another user without authorisation under any circumstances. If a third party uses one of the accounts after having obtained the access data because the user has not adequately secured them against unauthorised access, the user must allow himself to be treated as if he had acted himself. The same applies to the use of a mobile device by a third party. If the user does not use his own mobile end device or his own mobile data connection to use the app, he must obtain the consent of the respective owner. In this case, the user assures mogwAIntelligence GbR that such consent has been obtained. Should unauthorised knowledge of personal data be obtained through third party behaviour (e.g. attack by hackers), liability is excluded, insofar as mogwAIntelligence GbR is not at fault, for example the omission of protective mechanisms.

6.5 The user shall inform mogwAIntelligence GbR without delay as soon as he becomes aware that unauthorised third parties are aware of the access data to his App Store account or that unauthorised third parties are using his mobile end device. mogwAIntelligence GbR points out that access data should be changed regularly for security reasons.

6.6 Users can contact mogwAIntelligence GbR via the addresses listed below:

mogwAIntelligence GbR

Tagwiese 31

64331 Weiterstadt

Phone: +496150_5918_434 

E-Mail: info@mogwaintelligence.space

For the reasons of preservation of evidence, mogwAIntelligence GbR recommends that the user submit significant declarations (such as notices of termination, complaints, etc.) in text form (e.g. by e-mail), unless these terms of use provide for a different form.

6.7 mogwAIntelligence GbR expressly points out that the persons entrusted with customer service are not authorised to agree changes to these terms of use.

6.8 It is the user’s responsibility to maintain his mobile device in a condition that allows the use of the app. mogwAIntelligence GbR provides system requirements and compatibility information to the best of its knowledge. mogwAIntelligence GbR is unable to check and ensure the operability of the app in all constellations due to the large number of varieties in network operators, mobile devices and operating system versions. mogwAIntelligence GbR recommends that the user consult the description of the app in the app store in addition to the requirements and compatibility information published by mogwAIntelligence GbR to the best of its knowledge.

  • 7 Further developments / condition / defects

7.1 It is in the nature of the provided app that it is always being further developed and updated. Changes may also result from the installation of updates that ensure and improve usability. Changes and further developments are intended to ensure that users enjoy the app for a long time. mogwAIntelligence GbR therefore provides the user with access to the app in its respective existing version. Changes and further developments may affect the system requirements and compatibility requirements. The user therefore has no claim to the maintenance or achievement of a certain state or functional scope of the app. Any claims for defects on the part of the user relating to the usability of the app itself shall remain unaffected. Due to the constant further development of the app, mogwAIntelligence GbR reserves the right to offer new app functions and/or premium functions and/or to remove these from the offer, to change them or to make them available in the free basic version. If the user has already made payments for premium functions for a future period and can no longer use these for the above reasons or if they are also made available in the free basic version, mogwAIntelligence GbR will offer other premium functions for the app as a substitute. In these cases, the user is free to terminate the contract with immediate effect. Further claims of the user in this regard are ruled out.

7.2 mogwAIntelligence GbR points out that although the app is state of the technology, it cannot be guaranteed that the app is free of errors. For this reason, the user must expect that apps such as this one will not work without errors in every function. mogwAIntelligence GbR will make every effort to provide an app that is free of errors as much as possible to ensure full usability. However, as with any software, minor software errors in an app cannot be completely ruled out. A defectiveness of the app, which entitles the user to assert claims for defects, exists in any case if the use is severely and permanently disrupted.

7.3 The User shall always document any defects in the App in a meaningful manner and, in particular, report them in writing by logging any error messages displayed. 

7.4 Excluded from the warranty are, as a matter of principle, such faults as are caused by external influences, operating errors for which the users are responsible, force majeure or changes or other manipulations not carried out by mogwAIntelligence GbR.

7.5 mogwAIntelligence GbR does not assume any guarantees in the legal sense.

  • 8 Limitation of liability / accessibility

8.1 Insofar as mogwAIntelligence GbR demands payment for services, mogwAIntelligence GbR shall only be liable for damages without limitation in the event of intent and gross negligence. In the event of a breach of essential contractual obligations, mogwAIntelligence GbR shall also be liable for slight negligence. Essential contractual obligations, also so-called cardinal obligations within the meaning of case law, are those obligations which make the proper performance of the contract possible in the first place and on the fulfilment of which the user may rely.

8.2 Insofar as mogwAIntelligence GbR provides services free of charge, mogwAIntelligence GbR shall only be liable for damages in the event of damage caused by gross negligence or intent.

8.3 The above limitations of liability shall not apply to liability for injury to life and health or in the event of the assumption of a guarantee by mogwAIntelligence GbR or liability under the Product Liability Act. 

8.4 mogwAIntelligence GbR shall only be liable for advice insofar as the question concerns the app.

8.5 A change in the burden of proof to the disadvantage of the user is not associated with the above provisions.

  • 9 Industrial property rights and copyrights / user-generated content

9.1 The contents of the app and any websites of mogwAIntelligence GbR are the exclusive property or rights of mogwAIntelligence GbR. The contents are protected by national and international law, in particular copyright. Unauthorised distribution, reproduction, exploitation or other infringement of the industrial property rights and copyrights of mogwAIntelligence GbR will be prosecuted under civil and/or criminal law.

  • 10 Term of contract, ordinary termination / virtual domiciliary right / extraordinary termination

10.1 The contracts between the user and mogwAIntelligence GbR are concluded for an indefinite period of time, unless otherwise agreed in writing.

10.2 mogwAIntelligence GbR reserves the right to exercise its virtual householder’s right at any time.

10.3 A serious breach is a breach in which mogwAIntelligence GbR cannot reasonably be expected to adhere to the contract.

10.4 As a rule, mogwAIntelligence GbR cannot be expected to adhere to the contract in the following cases:

  1. if the user violates criminal laws;
  2. if the user uses the app in an unauthorised manner 
  3. if the user provides false data when paying for chargeable services.
  • 11 Changes to the terms of use

11.1 mogwAIntelligence GbR reserves the right to amend or extend these terms of use at any time with effect for the future, provided that this appears necessary and does not disadvantage the user contrary to good faith. An amendment may be necessary in particular to make adjustments to a change in the legal situation. Newly issued court decisions are also deemed to be a change in the legal situation. Changes and further developments of the app may also make it necessary to amend or supplement the terms of use.

11.2 A change or amendment shall be announced in text form in an appropriate manner at least one month before it comes into force.

11.3 The user has the right to object to a change or addition within one month after publication and possibility of knowledge to mogwAIntelligence GbR. In the event of a timely objection, both parties shall be entitled to terminate the contract extraordinarily in accordance with the termination provisions of this contract. Other rights of termination shall remain unaffected. If the user does not object within the objection period or if he continues to use the services thereafter, the change or amendment shall be deemed accepted and shall become part of the contract.

11.4 In the notification of the changes to the terms of use, mogwAIntelligence GbR will specifically inform the user of the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object.

  • 12 Final provisions

12.1 Zögert, verzichtet oder unterlässt es eine Partei, ihre Rechte im Rahmen dieser Nutzungsbedingungen durchzusetzen, oder gewährt sie der anderen Partei Fristen, beeinträchtigt dies nicht den Bestand des jeweiligen Rechts.

12.1 Any delay, waiver or failure by a party to enforce its rights under these terms of use or to grant time limits to the other party shall not affect the validity of the relevant right.

12.2 Users are not entitled to transfer their rights from this contractual relationship to third parties. Anything else shall only apply if mogwAIntelligence GbR agrees to this in writing in advance.

12.3 Unless otherwise specified in these terms of use or in other agreements with the user, mogwAIntelligence GbR will generally contact the user by e-mail. The user shall ensure that messages are sent to the e-mail address provided. He will ensure this by, among other things, setting the spam filter accordingly and checking this address regularly. Otherwise, mogwAIntelligence GbR reserves the right to choose another form of correspondence.

12.4 Contracts concluded on the basis of these terms of use and any claims in connection therewith shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the provisions on the UN Convention on Contracts for the International Sale of Goods.

12.5 Should individual provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.

12.6 Amendments and supplements to the contract of use and ancillary agreements must be made in written form. This shall also apply to any amendment of the written form requirement. The written form requirement does not apply to amendments to these terms of use.

mogwAIntelligence GbR

Tagwiese 31

64331 Weiterstadt

Shareholders and authorised representatives § 5 Abs. 1 Nr. 1 TMG: Alexander Bauer und Daniel Götz

Phone: +496150_5918_434 (Basistarif)

E-Mail: info@mogwaintelligence.space

Sales tax identification number § 27a UStG: DE331699038

Responsible for content in terms of § 18 MStV: Alexander Bauer und Daniel Götz 

 

 

 Mai 2021