FLEXOCUBE APP

TERMS OF USE FLEXOCUBE APP

General Terms of Use for the Use of the Flexocube App

Use of the App requires that you (hereinafter referred to as “User”) agree to the following Terms of Use. Therefore, please read them carefully.

1. General

1.1. The following Terms of Use apply as general terms and conditions for the use of the Flexocube app (hereinafter referred to only as the “App”).

1.2. The provider of the app is Flexocube UG (haftungsbeschränkt), John-Lennon-Ring 27, 63571 Gelnhausen (hereinafter referred to as “Flexocube”). The app is developed by romeis Information Engineering GmbH, Kirchbergstr. 2, 63584 Gründau for Flexocube UG developed and operated.

1.3. The current version of these Terms of Use can be accessed via the app menu. For this, the side menu must be called by tapping on it and navigated to the settings, where the terms of use are stored. Flexocube reserves the right to amend these Terms of Use if necessary for factual reasons (e.g. changes in the legal situation or case law). Flexocube informs users about changes to the Terms of Use and provides the updated version. The User may object to the amendment of the Terms of Use within a period of 14 days by sending an e-mail to info@flexocube.de. If he objects, he may no longer use the app. Flexocube asks to uninstall the app in this case. If the user does not object, the changes will automatically come into force after the 14 days.

1.4. Users may contact the following address with questions, complaints or grievances regarding the App: info@flexocube.de

2. Functional scope and usage requirements of the app

2.1. The app is available for the Android and iOS operating systems and can be downloaded and installed free of charge in the respective app stores under the conditions applicable there. If necessary, the mobile network provider may charge for the data transfer to the smartphone. Flexocube has no influence on the terms of use of the respective app stores. The user has to take care of their compliance independently.

2.2. The use of the app is free of charge. If necessary, the mobile network provider may charge for the data transfer to the smartphone.

2.3. Flexocube endeavors to enable the use of the App throughout within the scope of its technical and organizational possibilities. Due to maintenance work, disruptions caused by the Internet or force majeure, the usability of the app or individual functionalities may be limited or completely suspended. Flexocube is also entitled to change, expand and both temporarily and permanently discontinue the functionalities of the App at any time. The user has no claim to the use of individual or all functionalities of the app, in particular constant availability. In order to fully use the app’s functions, the smartphone on which the app is installed must have an Internet connection. This is to be provided by the user and is not the subject of the app.

2.4. The functional scope of the app includes the following areas:

– Loading and displaying Flexocube outdoor kitchens in augmented reality (AR).

2.5. System permissions requested by the app are exclusively for the proper operation of the app and its functions. System permissions requested by the app are exclusively for the proper operation of the app and its functions.

3. Rights to content

3.1. The app contains digital content from Flexocube. This includes, in particular, all information, materials and media published in the App in any form, including, without limitation, text, data, graphics, photographs, software, sounds, music, videos and other moving and non-moving images and other material.

3.2. The Digital Content is protected by copyrights, trademark rights, database rights and other applicable intellectual property rights to which Flexocube is entitled or in which Flexocube holds the right of use. Flexocube shall not grant any rights to the User.

4. Rights of use

4.1. The granting of the rights to use the App is conditional upon compliance with these Terms of Use. In the event of a breach of these Terms of Use by the User, rights to use the App, including its content, shall automatically expire.

4.2. Flexocube may, at its sole discretion and without prior notice, block a User’s access to this App, including all features and content, in whole or in part, if there are grounds to believe that the User is in breach of the Terms of Use or is causing damage through his or her use of the App, including its content.

4.3. In addition to a lapse of the rights of use, a violation of these Terms of Use may have further legal consequences for the user, for example in the case of illegal use of the app and its content. This also includes refraining from further use and claims for damages. Any unlawful use, in particular commercial reproduction, distribution or publication for commercial purposes will be prosecuted by Flexocube under civil and criminal law.

5. Duties and responsibility of the user, prohibitions

5.1. The User is obliged to use the App only lawfully in accordance with these Terms of Use and in compliance with applicable law. The user is responsible for this.

5.2. It is not permitted to provide, publish, license, sell or otherwise commercially exploit the App to third parties, whether in return for payment or free of charge. No rights to the App may be rented, leased or otherwise transferred.

5.3. You may not modify, adapt, translate, create derivative works from, reverse engineer, disassemble, or otherwise attempt to derive the source code of the App. Legal powers remain unaffected, in particular the User’s right to decompile the App in order to obtain the information necessary to establish its interoperability with other programs, unless the Provider makes such information available to the User on reasonable terms. The user is not permitted to decompile the app for other purposes.

5.4. In addition, any use of the App that negatively affects the App itself or any websites connected to it, or any 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 may cause damage to the App, the Service, the digital content or technical equipment, is prohibited.

6. Setting/Termination

6.1. The App may be discontinued by Flexocube in whole or in part at any time, with immediate effect, without notice.

6.2. Furthermore, Flexocube may terminate the contractual relationship for the use of the App vis-à-vis Users of the App with immediate effect for good cause. Good cause shall be deemed to exist in particular in the event of use contrary to the obligations and prohibitions under Section 5.

6.3. The User may terminate the use of the App at any time, by sending an email to info@flexocube.de. In case of termination, the user is obliged to uninstall the app.

7. Warranty

7.1. Flexocube provides the app to the user for free and “as is”. In particular, no promise of availability is assumed. Warranty rights and liability are excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. This also applies to any support services.

7.2. Compensation for damages due to breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, except in cases of intent or gross negligence. Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of a contract and compliance with which the contracting parties may regularly rely on.

7.3. Flexocube endeavors to ensure that the digital content, information and services published in the app are correct, complete and up-to-date, but does not assume any warranty in this respect.

7.4. If the user accesses external websites via links in the app, the responsibility also lies exclusively with the providers of these sites. Flexocube does not adopt the contents of these pages as its own. Any liability or warranty on the part of Flexocube for the content of linked pages is excluded. At the time of linking, Flexocube was not aware of any illegal content on the linked pages. Flexocube has no influence on current and future changes to the linked pages.

8. Privacy notice

Flexocube’s privacy policy applies.

9. Special conditions for the iOS version of the app

The following terms and conditions apply to the purchase of the App via the Apple App Store and the use of the App under the iOS operating system.

9.1. Maintenance and support

Flexocube, as the publisher of the App, is solely responsible for maintenance and support of the App in accordance with these Terms of Use. Apple assumes no obligation to provide any maintenance or support services with respect to the App.

9.2. No liability of Apple for malfunctions

In case of app malfunctions, you are free to inform Apple about this. To the extent permitted by law, Apple has no further obligations due to disruptions of the App.

9.3. Product liability

Apple is not responsible for any claims you or any third party may have with respect to the App or its possession or use, including

– Claims due to product liability,

– Claims on the basis that the App fails to comply with applicable legal or regulatory requirements; and

– Claims under consumer protection and privacy or similar laws, including in connection with the use of the HomeKit Frameworks.

9.4. Infringement of third party property rights

In the event that a third party asserts a claim of infringement by the App or by your possession or use of the App, Apple will not be responsible for any investigation, defense, settlement or discharge of any such claim of infringement.

9.5. US embargoes and sanctions

By accepting these Terms of Use, you acknowledged,

– that you are not in a country that is subject to an embargo by the United States government or that has been designated by the United States government as a “terrorist supporting” country; and

– that you are not listed on any United States Government list as a so-called Prohibited or Restricted Party.

9.6. Third party beneficiary of Apple

You acknowledge and agree that Apple is a third-party beneficiary under these Terms of Use and, therefore, Apple may enforce these Terms of Use against you. Modification and termination of these Terms of Use, including Apple’s rights hereunder, are reserved to the parties and do not require Apple’s consent.

10. Special terms of use additional terms platform Android (Google)

10.1. Flexocube grants Google a non-exclusive, worldwide, royalty-free license to copy, execute, display, analyze and use the Products in connection with

– the operation and marketing of Google Play

– the marketing of devices and services with which the products can be used

– the improvement of Google Play and the Android platform as well as

– of reviewing compliance with this Agreement and the Developer Program Guidelines.

10.2. Flexocube grants Google a non-exclusive, royalty-free license to distribute the Products in the manner specified in the Play Console.

10.3. Flexocube grants Users a non-exclusive, worldwide, perpetual license to execute, display and use the Products on the Device. Users can also be, for example, a family group with a family administrator and family members whose accounts are merged for the purpose of forming a family group. Family groups on Google Play are subject to reasonable restrictions to prevent misuse of family sharing features. Users in a family group can purchase a single product copy and share it with other family members in their family group. This excludes in-app and subscription products, which cannot be shared.

If Flexocube specifies in Play Console that sharing of Purchased Products by Users is permitted, Flexocube’s authorization of the sharing of such Purchased Products by Users is subject to this Agreement. Flexocube may include in its Product a separate End User License Agreement (EULA) that governs the rights of the User with respect to the Product. However, in the event of any conflict between the End User License Agreement and this Agreement, this Agreement shall take precedence over the End User License Agreement.

10.4 This EULA is agreed exclusively between the User and the Provider and not with Google. Google takes no responsibility for the app.

10.5. Google is under no obligation to provide any maintenance or support services with respect to the App.

10.6. The user can reinstall the app as many times as they want, unless the app is removed from the Google Play Store by the provider or Google. If the app is completely removed from the Store Play Store, users will no longer have the right or option to reinstall it.

11. Final provisions

11.1. The law of the Federal Republic of Germany shall apply.

11.2. Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid or void provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid or void provision in an effective manner.