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