Lizenzvertrag für Quii 1.0

General Terms and Conditions - Quii app

§ 1 Validity

(1) The following General Terms and Conditions (hereinafter referred to as "GTC") apply to the use of our app (hereinafter referred to as "Quii app") in the version valid at the time of registration or download. Quii App may only be used under these GTC. 

(2) Deviating or conflicting general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.

(3) In addition to these GTC, in particular with regard to registration and the contract conclusion process for In-App-Purchases, we make use of services provided by independent Third-Parties (hereinafter "Third-Party Services"), such as the distribution platforms used to download Quii app, Apple App Store and Google Play (hereinafter "App Store"). Third-Party Services are not services provided by us/Quii app and may be subject to their Terms of Service, which will be appropriately identified. In case of contradictions, the terms and conditions of the Third-Party Provider shall prevail. The Third-Party Provider of the App Store does not become a contractual party with regard to the use of Quii App.

§ 2 Provider of the app

Provider and contracting Party for the use of Quii App is:

Quii UG (limited liability)
represented by the managing director Niklas Schwichtenberg
Bewinkel 13
48167 Muenster

kontakt@quii.app

§ 3 Subject matter of the contract

(1) Quii App provides access to digital test questionnaires as well as the evaluation of the tests, and content related to personality (development), mental health, and HR. Additionally, Quii App provides access to video courses and habbit tracking. All content can be accessed via categories or search functions and are partially displayed as part of a news feed.

(2) The scope of the provision of the content and the usage options (hereinafter "License") depends on the type of account you have chosen. A distinction is made between a free account (see § 5), a paid subscription (see § 6), and the purchase of test/course packages and/or individual test/course (see § 8). The hereby simple License granted to you is limited in time to the term of the free account/ paid subscription; in the case of the purchase of test/course packages and/or individual test/course, the availability in your account is unlimited in time, subject to the provisions in § 8.

(3) We reserve the right to display Third-Party advertising in Quii App. This can be done in the form of separate ads and/or advertorials as well as in the form of own blog entries and guest posts, within which Third-Party products/services may be referred to and linked to.

(4) We reserve the right to adapt the Quoo App at any time in a manner that is reasonable for you, e.g. to develop it and improve its quality. This applies to both technical and content-related developments, such as additional content in Quii App or In-App-Purchases in the App Store and/or free updates in the App Store that change the functional scope of Quii App. The system requirements and the complete functional scope of such updates and Quii App in its current version result from the product and update description in the App Store.

§ 4 Beneficiaries

(1) Quii App is intended exclusively for consumers. The use of the Quii App for commercial purposes is not permitted. The use of Quii App is for entertainment purposes only.

(2) Only persons who have either reached the age of 18 or persons who have reached the age of 16 and whose legal representatives have consented to the use are entitled to use.

(3) By using Quii App, you confirm that you are of legal age and capacity. If you are a minor, you affirm that you have reached the age of 16 and that you have the consent of your legal guardian. We are entitled to make the use of Quii App dependent on suitable proof of your identity, your legal age, or the consent of your legal guardian.

(4) As soon as a minor user continues using Quii App after reaching the legal age, all contracts concluded in connection with this account before reaching the legal age shall be deemed approved, unless the user objects to the approval within two weeks after reaching the legal age.

§ 5 Download and use

(1) To use Quii App, you must download and install the App from the App Store. The download of the Quii app is free of charge. To download Quii App, you need an account for the App Store. The contract for the use of Quii App and its services including the granting of an individual, simple, perpetual, non-transferable License to Quii App is concluded when you click on the "install" button on the product description page or the view list in the App Store (label may differ depending on the App Store), enter your password for the App Store, if applicable, and accept the GTC; further details may be governed by the terms and conditions of the App Store. In this case, the terms and conditions of the App Store do also apply.

(2) You can use the Quii App in the basic version for free. You can view some of the test questionnaires and videos, as well as get an evaluation. To use Quii App, it may be necessary that you are logged into the services of the manufacturer of the operating system of your mobile device, like Apple or Google.

(3) To be able to use extended paid services (access to paid content, see also § 6 and § 8), you must be logged in with your Apple ID (iOS) or your Google account (Android) on your mobile device (hereinafter “App Store ID”). Quii app recognizes your App Store ID and links your purchases to it so that separate registration is not required. You can recognize paid content in particular by the "lock" symbol.

(4) You may download and use Quii App only on devices associated with the App Store ID that was used for installation. Purchases and paid services are only available on the mobile device that is associated with your App Store ID. Your Shopping Lists and Planners, however, are only accessible on the mobile device on which they were created, as they are stored directly on the respective mobile device. All rights not expressly granted are reserved, in particular the right to edit, distribute and/or otherwise exploit Quii app.

§ 6 Conclusion of the Contract on a Paid Subscription, Trial Subscription

(1) To use the services of Quii App to its full extent, the purchase of additional service packages in the form of paid subscriptions ("Subscriptions") is required. The paid subscriptions can be purchased for different terms, which are displayed in the order options (monthly/yearly). The order options can be accessed by clicking on the correspondingly marked button, e.g. within the test evaluation or topic section; we reserve the right to place this button (also) in other places within Quii App. 

(2) Quii App subscription accounts are paid subscriptions that allow you to access additional content (such as additional evaluation, video courses or tests). Subscription access entitles you to access all Quii App content, unless certain content, such as special video courses and/or individual support, is marked as separately purchasable. Access to the respective services is valid as long as the Subscription exists.

(3) The paid subscription is concluded via the Apple and Google Play payment platforms (so-called "In-App-Purchases"). Our offer of subscription access constitutes a legally binding offer to conclude a contract. Before concluding a paid subscription, you will be informed about the content of the paid service and the prices. The prices include the applicable statutory value-added tax.

(4) You accept our offer by selecting your preferred option on the subscription screen within the Quii App. When concluding a subscription, payment is made via the In-App-Purchase process from Apple or Google. If you are not logged in to these Third-Parties, a popup may appear asking you to enter your password for the App Store. Once you've done that, a popup will appear asking you to reconfirm your subscription purchase. At this point, you can still cancel the process. By clicking the "Buy"/"Subscribe" button (the label may differ depending on the App Store), you declare that you want to conclude a contract for the paid services you have selected. You will then receive a confirmation of receipt from the App Store confirming the conclusion of the contract. Your means of payment deposited with and used by the Third-Party Provider (see § 6 para. 8) will only be debited after the trial subscription (see § 6 para. 5) has expired.

(5) The first 7 days after the conclusion of the paid subscription are free of charge (Trial Subscription) and start on the day of the conclusion of the purchase process. After the expiration of the trial subscription, i.e. on the day following the end of the trial subscription, the trial subscription shall convert into a paid subscription, unless it is canceled 24 hours in advance (cf. § 7 para. 3).

(6) Quii app does not store the text of the contract. These GTC can be accessed at any time via the Quii app.

(7) The Third-Party Providers have prescribed rules for the conclusion of the contract, the payment, and the termination of the contractual relationship, which you accept via the terms of service of the Third-Party Provider and over which we have no influence. It is your responsibility to comply with the rules on the conclusion, payment, and termination of contracts outlined in the terms of service of the Third-Party Provider. In case of any contradictions between the regulations of the Third-Party Provider and our GTC, the regulations of the Third-Party Provider shall prevail. 

(8) The payment method is the one you have agreed upon with the Third-Party Provider (e.g. the payment method stored at Apple via the payment method in your Apple ID).

(9) The selected Subscription can only be accessed on the mobile device that is linked to your App Store ID. If any content is saved and marked or settings are made, these adjustments can only be accessed on the mobile device on which the adjustments were made, as this information is only stored on your mobile device.

§ 7 Renewal/termination of the paid subscription

(1) The free user contract runs from the time of installation for an indefinite period and is automatically terminated by uninstalling the Quii app.

(2) The paid Subscription for subscription access (see § 6) runs at least for the term originally selected by you plus the 7-day trial Subscription (see § 6 para. 5) and is automatically renewed repeatedly if it is not canceled before the end of this period. The subscription term will be renewed according to the subscription model used so far (monthly/yearly).

(3) If you wish to modify or terminate your In-App Purchased Subscription, you must do so through your account with the Third-Party Provider, log in to the Third-Party Provider, and follow the Third-Party Provider's instructions for termination, revocation, or cancellation. Any refunds will be made either as between the Third-Party Provider and you or as between us and you, depending on the Third-Party Provider's rules and regulations. Termination must occur 24 hours prior to the expiration of the subscription.

(4) For details on how to terminate your Subscription via the Third-Party-Providers, please visit the following link for Apple: https://support.apple.com/de-de/HT202039, and the following link for Google Play: https://support.google.com/googleplay/answer/7018481?hl=de&co=GENIE.Platform=Android

(5) Cancellation of the Subscription access will take effect on the day after the last day of your current Subscription Period and you will be downgraded to the free user contract (Free Account). After renewing your Subscription you can revert to your old status. 

(6) The right to block and to terminate for cause remains unaffected by the preceding provisions.

§ 8 Individual purchase of prescriptions

(1) You have the option to buy test questionnaires, test evaluation or video course packages and/or individual test questionnaires, test evaluation or video courses in the Quii app (In-App-Purchase). The purchase does not require a paid Subscription and is also possible in the Free Account.

(2) The purchasable test questionnaires, test evaluation or video course are offered in the Quii app. The purchased test questionnaires, test evaluation or video course will be available in the content and test area after purchase and are not visible before (even with e.g. lock icon).

(3) Our offer to purchase the test questionnaires, test evaluation or video course packages and/or individual test questionnaires, test evaluation or video courses constitutes a legally binding offer to conclude a contract. Before concluding a purchase subject to a charge, you will be informed about the content of the service subject to a charge and the prices. The prices quoted include the applicable statutory value-added tax.

(4) You accept our offer by selecting the desired test questionnaires, test evaluation or video course packages and/or desired individual test questionnaires, test evaluation or video courses on the subscription screen within the Quii app. Upon completion of a recipe purchase, payment is made via the In-App-Purchase process of Apple or Google. If you are not logged in to that Third-Party, a popup may appear asking you to enter your password for the App Store. As soon as you have done this, a pop-up appears in which you have to confirm the purchase of the recipe package and/or the individual recipes once again. At this point, you can still cancel the process. By clicking the "Buy" button (the label may differ depending on the App Store), you declare that you want to conclude a contract for the service you have selected for a fee. You will then receive a confirmation of receipt from the App Store confirming the conclusion of the contract. Your means of payment deposited with and used by the Third-Party Provider (see § 8 (7)) will be debited immediately after the conclusion of the contract.

(5) Quii app does not store the text of the contract. These GTC can be accessed at any time via the Quii app.

(6) The Third-Party Providers have prescribed rules for the conclusion of the contract, the payment, and the termination of the contractual relationship, which you accept via the terms of service of the Third-Party Provider and over which we have no influence. It is your responsibility to comply with the rules on the conclusion, payment, and termination of contracts outlined in the terms of service of the Third-Party Provider. In case of any contradictions between the regulations of the Third-Party Provider and our GTC, the regulations of the Third-Party Provider shall prevail. 

(7) The payment method is the one you have agreed upon with the Third-Party Provider (e.g. the payment method stored at Apple via the payment method in your Apple ID).

(8) If you purchase test questionnaires, test evaluation or video course packages and/or individual test questionnaires, test evaluation or video courses (“Purchased Content”), we grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable License to download such content into your Quii App for your personal, non-commercial use. You may not alter, modify, sell, transfer, share, copy, publicly perform, create derivative works of, or otherwise commercially exploit any Recipe Content.

(9) Purchased tests questionnaires, test evaluation oder video Content will generally continue to be available in your test or content section, but may become unavailable without fault of Quii app due to the unlikely event of possible new licensing restrictions imposed by the Content Providers. We shall not be liable to you if tests questionnaires, test evaluation oder video Content becomes unavailable for further download for this reason.

(10) Purchased tests questionnaires, test evaluation oder video courses is stored on the mobile device with which the purchase was made. After reinstalling the Quii App, the Purchased Content can be restored.

§ 8 Warranty

If parts and/or certain contents of the Quii App are subject to a charge via In-App-Purchases, the statutory warranty law applies.

§ 9 Limitation of liability

(1) Quii App is only responsible for providing recipes, tips, and training plans, but not for any individually noticeable and/or measurable success concerning your fitness and/or health status. Please note potentially existing personal allergies and/or intolerances in the recipes. 

(2) We exclude liability for damages caused by simple negligence, provided that these do not result from the breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely on, or concern guarantees for the quality of the object of purchase, damages resulting from injury to life, limb or health, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.

(3) In the event of a breach of essential contractual obligations, liability in cases of ordinary negligence shall be limited to the damage typically associated with the contract, and foreseeable.

(4) We strive to provide our service 24/7 with an availability of 99% on an annual average. Excluded from this are downtimes due to maintenance and software updates as well as times when the service is unavailable due to technical or other problems beyond our control (force majeure, fault of Third Parties, etc.). To use the Quii App service to its full extent, you must have the latest operating system installed on your mobile device. If you use older or not commonly used technologies or operating systems, you may not be able to use Quii App at all or only to a limited extent.

(5) We are not liable for damages resulting from a modification of Quii App by you or a software or hardware environment that deviates from the system requirements. Furthermore, we are not liable for the unauthorized acquisition of knowledge by third parties of personal data (e.g. through unauthorized access to the database by "hackers").

§ 10 Cancellation Policy / Right of Withdrawal

Consumers have a right of withdrawal according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. If you have concluded your Subscription and/or Purchased Recipe Content and/or In-App Purchases via Third-Party Providers such as Apple or Google Play, you are entitled to a right of revocation within the respective App Store, see § 7. You can find further details on this via the following links:

https://support.apple.com/de-de/HT202039 (Apple)

https://support.google.com/googleplay/answer/7018481?hl=de&co=GENIE.Platform=Android (Google Play)

- BEGIN INSTRUCTIONS ON WITHDRAWAL -

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Quii UG (haftungsbeschränkt), Bewinkel 13, 48167 Münster, Germany, kontakt@quii.app, +49 1724241760) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, which is, however, not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

- END INSTRUCTIONS ON WITHDRAWAL -

The right of withdrawal expires with regard to Purchased additional Content, if the performance has begun (i.e. you have downloaded the additional Content to your Quii app) with your prior consent before the end of the withdrawal period and your acknowledgment that you thereby lose your right of withdrawal.

According to the legal provision, Quii app informs about the sample cancellation form as follows:

Sample withdrawal form (use not mandatory)

(If you want to withdraw the contract, please fill out and return this form).

To:

Quii UG (limited liability)
represented by the managing director Niklas Schwichtenberg
Bewinkel 13
48167 Muenster

kontakt@quii.app

I/we(*) hereby withdraw the contract concluded by me/us(*) for the purchase of the following goods(*)/provision of the following service(*):

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of a notification on paper):

Date:

(*) Cross out as applicable.

11 Contractual language, choice of law

(1) The contractual language is German.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The legal provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer normally resides as a consumer, remain hereof unaffected.

§ 12 Information according to § 36 VSBG

We do not intend to participate in an alternative dispute resolution procedure and we are not obliged to do so.

§ 13 Online arbitration

The European Commission provides a platform for online dispute resolution (OS), which you can reach at: https://www.ec.europa.eu/consumers/odr; our email address is: kontakt@quii.app

§ 14 Severability clause

If one or more provisions of these GTC should be or subsequently become invalid or unenforceable, the remaining provisions shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

Status of the GTC: January 2021