Disclaimer
Last updated: April07, 2020
Interpretation andDefinitions
Interpretation
The words of whichthe initial letter is capitalized have meanings defined under thefollowing conditions.
The followingdefinitions shall have the same meaning regardless of whether theyappear in singular or in plural.
Definitions
For the purposes ofthis Disclaimer:
•Company (referred to as either "the Company", "We","Us" or "Our" in this Cookies Policy) refers toMethinking UG, Buergermeister Panzer Strasse 8, 83629 weyarn.
• You meansthe individual accessing the Service, or the company, or other legalentity on behalf of which such individual is accessing or using theService, as applicable.
•Website refers to http://methinking.de.
•Application means the software program provided by the Companydownloaded by You on any electronic device.
•Service refers to the Website or the Application or both.
Disclaimer
The informationcontained on the Service is for general information purposes only.
The Company assumesno responsibility for errors or omissions in the contents of theService.
In no event shallthe Company be liable for any special, direct, indirect,consequential, or incidental damages or any damages whatsoever,whether in an action of contract, negligence or other tort, arisingout of or in connection with the use of the Service or the contentsof the Service. The Company reserves the right to make additions,deletions, or modifications to the contents on the Service at anytime without prior notice. This Disclaimer is maintained by the FreeDisclaimer Generator
The Company does notwarrant that the Service is free of viruses or other harmfulcomponents.
External LinksDisclaimer
The Service maycontain links to external websites that are not provided ormaintained by or in any way affiliated with the Company.
Please note that theCompany does not guarantee the accuracy, relevance, timeliness, orcompleteness of any information on these external websites.
Errors and OmissionsDisclaimer
The informationgiven by the Service is for general guidance on matters of interestonly. Even if the Company takes every precaution to insure that thecontent of the Service is both current and accurate, errors canoccur. Plus, given the changing nature of laws, rules andregulations, there may be delays, omissions or inaccuracies in theinformation contained on the Service.
The Company is notresponsible for any errors or omissions, or for the results obtainedfrom the use of this information.
Fair Use Disclaimer
The Company may usecopyrighted material which has not always been specificallyauthorized by the copyright owner. The Company is making suchmaterial available for criticism, comment, news reporting, teaching,scholarship, or research.
The Company believesthis constitutes a "fair use" of any such copyrightedmaterial as provided for in section 107 of the United StatesCopyright law.
If You wish to usecopyrighted material from the Service for your own purposes that gobeyond fair use, You must obtain permission from the copyright owner.
Views ExpressedDisclaimer
The Service maycontain views and opinions which are those of the authors and do notnecessarily reflect the official policy or position of any otherauthor, agency, organization, employer or company, including theCompany.
Comments publishedby users are their sole responsibility and the users will take fullresponsibility, liability and blame for any libel or litigation thatresults from something written in or as a direct result of somethingwritten in a comment. The Company is not liable for any commentpublished by users and reserve the right to delete any comment forany reason whatsoever.
No ResponsibilityDisclaimer
The information onthe Service is provided with the understanding that the Company isnot herein engaged in rendering legal, accounting, tax, or otherprofessional advice and services. As such, it should not be used as asubstitute for consultation with professional accounting, tax, legalor other competent advisers.
In no event shallthe Company or its suppliers be liable for any special, incidental,indirect, or consequential damages whatsoever arising out of or inconnection with your access or use or inability to access or use theService.
"Use at YourOwn Risk" Disclaimer
All information inthe Service is provided "as is", with no guarantee ofcompleteness, accuracy, timeliness or of the results obtained fromthe use of this information, and without warranty of any kind,express or implied, including, but not limited to warranties ofperformance, merchantability and fitness for a particular purpose.
The Company will notbe liable to You or anyone else for any decision made or action takenin reliance on the information given by the Service or for anyconsequential, special or similar damages, even if advised of thepossibility of such damages.
Privacy Policy
Last updated: April07, 2020
This Privacy Policydescribes Our policies and procedures on the collection, use anddisclosure of Your information when You use the Service and tells Youabout Your privacy rights and how the law protects You.
We use Your Personaldata to provide and improve the Service. By using the Service, Youagree to the collection and use of information in accordance withthis Privacy Policy.
Interpretation andDefinitions
Interpretation
The words of whichthe initial letter is capitalized have meanings defined under thefollowing conditions.
The followingdefinitions shall have the same meaning regardless of whether theyappear in singular or in plural.
Definitions
For the purposes ofthis Privacy Policy:
• You meansthe individual accessing or using the Service, or the company, orother legal entity on behalf of which such individual is accessing orusing the Service, as applicable.
Under GDPR(General Data Protection Regulation), You can be referred to as theData Subject or as the User as you are the individual using theService.
•Company (referred to as either "the Company", "We","Us" or "Our" in this Agreement) refers toMethinking UG, Bürgermeister-Panzer-Str. 8, 83629 Weyarn.
For thepurpose of the GDPR, the Company is the Data Controller.
•Application means the software program provided by the Companydownloaded by You on any electronic device.
•Affiliate means an entity that controls, is controlled by or isunder common control with a party, where "control" meansownership of 50% or more of the shares, equity interest or othersecurities entitled to vote for election of directors or othermanaging authority.
•Account means a unique account created for You to access ourService or parts of our Service.
•Website refers to Methinking, accessible from methinking.de
•Service refers to the Application or the Website or both.
•Country refers to: Bavaria, Germany
• ServiceProvider means any natural or legal person who processes thedata on behalf of the Company. It refers to third-party companies orindividuals employed by the Company to facilitate the Service, toprovide the Service on behalf of the Company, to perform servicesrelated to the Service or to assist the Company in analyzing how theService is used.
For thepurpose of the GDPR, Service Providers are considered DataProcessors.
• Third-partySocial Media Service refers to any website or any social networkwebsite through which a User can log in or create an account to usethe Service.
• PersonalData is any information that relates to an identified oridentifiable individual.
For thepurposes for GDPR, Personal Data means any information relating toYou such as a name, an identification number, location data, onlineidentifier or to one or more factors specific to the physical,physiological, genetic, mental, economic, cultural or socialidentity.
• Cookies aresmall files that are placed on Your computer, mobile device or anyother device by a website, containing the details of Your browsinghistory on that website among its many uses.
• Device meansany device that can access the Service such as a computer, acellphone or a digital tablet.
• UsageData refers to data collected automatically, either generated bythe use of the Service or from the Service infrastructure itself (forexample, the duration of a page visit).
• DataController, for the purposes of the GDPR (General Data ProtectionRegulation), refers to the Company as the legal person which alone orjointly with others determines the purposes and means of theprocessing of Personal Data.
Collecting and UsingYour Personal Data
Types of DataCollected
Personal Data
While using OurService, We may ask You to provide Us with certain personallyidentifiable information that can be used to contact or identify You.Personally identifiable information may include, but is not limitedto:
• Usage Data
Usage Data
Usage Data iscollected automatically when using the Service.
Usage Data mayinclude information such as Your Device's Internet Protocol address(e.g. IP address), browser type, browser version, the pages of ourService that You visit, the time and date of Your visit, the timespent on those pages, unique device identifiers and other diagnosticdata.
When You access theService by or through a mobile device, We may collect certaininformation automatically, including, but not limited to, the type ofmobile device You use, Your mobile device unique ID, the IP addressof Your mobile device, Your mobile operating system, the type ofmobile Internet browser You use, unique device identifiers and otherdiagnostic data.
We may also collectinformation that Your browser sends whenever You visit our Service orwhen You access the Service by or through a mobile device.
InformationCollected while Using the Application
While using OurApplication, in order to provide features of Our Application, We maycollect, with your prior permission:
• Informationregarding your location
• Pictures andother information from your Device's camera and photo library
We use thisinformation to provide features of Our Service, to improve andcustomize Our Service. The information may be uploaded to theCompany's servers and/or a Service Provider's server or it be simplystored on Your device.
You can enable ordisable access to this information at any time, through Your Devicesettings. You can also enable or disable location services when Youuse Our Service at any time, through Your Device settings.
TrackingTechnologies and Cookies
We use Cookies andsimilar tracking technologies to track the activity on Our Serviceand store certain information. Tracking technologies used arebeacons, tags, and scripts to collect and track information and toimprove and analyze Our Service.
You can instructYour browser to refuse all Cookies or to indicate when a Cookie isbeing sent. However, if You do not accept Cookies, You may not beable to use some parts of our Service.
Cookies can be"Persistent" or "Session" Cookies. PersistentCookies remain on your personal computer or mobile device when You gooffline, while Session Cookies are deleted as soon as You close yourweb browser. Learn more about cookies here: Cookies: What DoThey Do?
We use both sessionand persistent Cookies for the purposes set out below:
• Necessary /Essential Cookies
Type: SessionCookies
Administeredby: Us
Purpose: TheseCookies are essential to provide You with services available throughthe Website and to enable You to use some of its features. They helpto authenticate users and prevent fraudulent use of user accounts.Without these Cookies, the services that You have asked for cannot beprovided, and We only use these Cookies to provide You with thoseservices.
• CookiesPolicy / Notice Acceptance Cookies
Type:Persistent Cookies
Administeredby: Us
Purpose: TheseCookies identify if users have accepted the use of cookies on theWebsite.
•Functionality Cookies
Type:Persistent Cookies
Administeredby: Us
Purpose: TheseCookies allow us to remember choices You make when You use theWebsite, such as remembering your login details or languagepreference. The purpose of these Cookies is to provide You with amore personal experience and to avoid You having to re-enter yourpreferences every time You use the Website.
• Tracking andPerformance Cookies
Type:Persistent Cookies
Administeredby: Third-Parties
Purpose: TheseCookies are used to track information about traffic to the Websiteand how users use the Website. The information gathered via theseCookies may directly or indirectly identify you as an individualvisitor. This is because the information collected is typicallylinked to a pseudonymous identifier associated with the device youuse to access the Website. We may also use these Cookies to test newadvertisements, pages, features or new functionality of the Websiteto see how our users react to them.
• Targetingand Advertising Cookies
Type:Persistent Cookies
Administeredby: Third-Parties
Purpose: TheseCookies track your browsing habits to enable Us to show advertisingwhich is more likely to be of interest to You. These Cookies useinformation about your browsing history to group You with other userswho have similar interests. Based on that information, and with Ourpermission, third party advertisers can place Cookies to enable themto show adverts which We think will be relevant to your interestswhile You are on third party websites.
For more informationabout the cookies we use and your choices regarding cookies, pleasevisit our Cookies Policy.
Use of Your PersonalData
The Company may usePersonal Data for the following purposes:
• To provideand maintain our Service, including to monitor the usage of ourService.
• To manageYour Account: to manage Your registration as a user of theService. The Personal Data You provide can give You access todifferent functionalities of the Service that are available to You asa registered user.
• For theperformance of a contract: the development, compliance andundertaking of the purchase contract for the products, items orservices You have purchased or of any other contract with Us throughthe Service.
• To contactYou: To contact You by email, telephone calls, SMS, or otherequivalent forms of electronic communication, such as a mobileapplication's push notifications regarding updates or informativecommunications related to the functionalities, products or contractedservices, including the security updates, when necessary orreasonable for their implementation.
• To provideYou with news, special offers and general information aboutother goods, services and events which we offer that are similar tothose that you have already purchased or enquired about unless Youhave opted not to receive such information.
• To manageYour requests: To attend and manage Your requests to Us.
We may share yourpersonal information in the following situations:
• With ServiceProviders: We may share Your personal information with ServiceProviders to monitor and analyze the use of our Service, to showadvertisements to You to help support and maintain Our Service, tocontact You, to advertise on third party websites to You after Youvisited our Service or for payment processing.
• For Businesstransfers: We may share or transfer Your personal information inconnection with, or during negotiations of, any merger, sale ofCompany assets, financing, or acquisition of all or a portion of ourbusiness to another company.
• WithAffiliates: We may share Your information with Our affiliates,in which case we will require those affiliates to honor this PrivacyPolicy. Affiliates include Our parent company and any othersubsidiaries, joint venture partners or other companies that Wecontrol or that are under common control with Us.
• WithBusiness partners: We may share Your information with Ourbusiness partners to offer You certain products, services orpromotions.
• With otherusers: when You share personal information or otherwise interactin the public areas with other users, such information may be viewedby all users and may be publicly distributed outside. If You interactwith other users or register through a Third-Party Social MediaService, Your contacts on the Third-Party Social Media Service maysee Your name, profile, pictures and description of Your activity.Similarly, other users will be able to view descriptions of Youractivity, communicate with You and view Your profile.
Retention of YourPersonal Data
The Company willretain Your Personal Data only for as long as is necessary for thepurposes set out in this Privacy Policy. We will retain and use YourPersonal Data to the extent necessary to comply with our legalobligations (for example, if we are required to retain your data tocomply with applicable laws), resolve disputes, and enforce our legalagreements and policies.
The Company willalso retain Usage Data for internal analysis purposes. Usage Data isgenerally retained for a shorter period of time, except when thisdata is used to strengthen the security or to improve thefunctionality of Our Service, or We are legally obligated to retainthis data for longer time periods.
Transfer of YourPersonal Data
Your information,including Personal Data, is processed at the Company's operatingoffices and in any other places where the parties involved in theprocessing are located. It means that this information may betransferred to — and maintained on — computers located outside ofYour state, province, country or other governmental jurisdictionwhere the data protection laws may differ than those from Yourjurisdiction.
Your consent to thisPrivacy Policy followed by Your submission of such informationrepresents Your agreement to that transfer.
The Company willtake all steps reasonably necessary to ensure that Your data istreated securely and in accordance with this Privacy Policy and notransfer of Your Personal Data will take place to an organization ora country unless there are adequate controls in place including thesecurity of Your data and other personal information.
Disclosure of YourPersonal Data
BusinessTransactions
If the Company isinvolved in a merger, acquisition or asset sale, Your Personal Datamay be transferred. We will provide notice before Your Personal Datais transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certaincircumstances, the Company may be required to disclose Your PersonalData if required to do so by law or in response to valid requests bypublic authorities (e.g. a court or a government agency).
Other legalrequirements
The Company maydisclose Your Personal Data in the good faith belief that such actionis necessary to:
• Comply witha legal obligation
• Protect anddefend the rights or property of the Company
• Prevent orinvestigate possible wrongdoing in connection with the Service
• Protect thepersonal safety of Users of the Service or the public
• Protectagainst legal liability
Security of YourPersonal Data
The security of YourPersonal Data is important to Us, but remember that no method oftransmission over the Internet, or method of electronic storage is100% secure. While We strive to use commercially acceptable means toprotect Your Personal Data, We cannot guarantee its absolutesecurity.
Detailed Informationon the Processing of Your Personal Data
Service Providershave access to Your Personal Data only to perform their tasks on Ourbehalf and are obligated not to disclose or use it for any otherpurpose.
Analytics
We may usethird-party Service providers to monitor and analyze the use of ourService.
• GoogleAnalytics
GoogleAnalytics is a web analytics service offered by Google that tracksand reports website traffic. Google uses the data collected to trackand monitor the use of our Service. This data is shared with otherGoogle services. Google may use the collected data to contextualiseand personalise the ads of its own advertising network.
For moreinformation on the privacy practices of Google, please visit theGoogle Privacy & Terms webpage: https://policies.google.com/privacy?hl=en
• Firebase
Firebase is ananalytics service provided by Google Inc.
You mayopt-out of certain Firebase features through your mobile devicesettings, such as your device advertising settings or by followingthe instructions provided by Google in their PrivacyPolicy: https://policies.google.com/privacy?hl=en
We alsoencourage you to review the Google's policy for safeguarding yourdata: https://support.google.com/analytics/answer/6004245.
For moreinformation on what type of information Firebase collects, pleasevisit the Google Privacy & Terms webpage: https://policies.google.com/privacy?hl=en
Advertising
We may use Serviceproviders to show advertisements to You to help support and maintainOur Service.
• GoogleAdSense & DoubleClick Cookie
Google, as athird party vendor, uses cookies to serve ads on our Service.Google's use of the DoubleClick cookie enables it and its partners toserve ads to our users based on their visit to our Service or otherwebsites on the Internet.
You may optout of the use of the DoubleClick Cookie for interest-basedadvertising by visiting the Google Ads Settings webpage: http://www.google.com/ads/preferences/
• AdMob byGoogle
AdMob byGoogle is provided by Google Inc.
You canopt-out from the AdMob by Google service by following theinstructions described byGoogle: https://support.google.com/ads/answer/2662922?hl=en
For moreinformation on how Google uses the collected information, pleasevisit the "How Google uses data when you use our partners' sitesor app"page: https://policies.google.com/technologies/partner-sites orvisit the Privacy Policy ofGoogle: https://policies.google.com/privacy
Payments
We may provide paidproducts and/or services within the Service. In that case, we may usethird-party services for payment processing (e.g. paymentprocessors).
We will not store orcollect Your payment card details. That information is provideddirectly to Our third-party payment processors whose use of Yourpersonal information is governed by their Privacy Policy. Thesepayment processors adhere to the standards set by PCI-DSS as managedby the PCI Security Standards Council, which is a joint effort ofbrands like Visa, Mastercard, American Express and Discover. PCI-DSSrequirements help ensure the secure handling of payment information.
• Apple StoreIn-App Payments
Their PrivacyPolicy can be viewed at https://www.apple.com/legal/privacy/en-ww/
• Google PlayIn-App Payments
Their PrivacyPolicy can be viewed at https://www.google.com/policies/privacy/
GDPR Privacy
Legal Basis forProcessing Personal Data under GDPR
We may processPersonal Data under the following conditions:
• Consent: Youhave given Your consent for processing Personal Data for one or morespecific purposes.
• Performanceof a contract: Provision of Personal Data is necessary for theperformance of an agreement with You and/or for any pre-contractualobligations thereof.
• Legalobligations: Processing Personal Data is necessary forcompliance with a legal obligation to which the Company is subject.
• Vitalinterests: Processing Personal Data is necessary in order toprotect Your vital interests or of another natural person.
• Publicinterests: Processing Personal Data is related to a task that iscarried out in the public interest or in the exercise of officialauthority vested in the Company.
• Legitimateinterests: Processing Personal Data is necessary for thepurposes of the legitimate interests pursued by the Company.
In any case, theCompany will gladly help to clarify the specific legal basis thatapplies to the processing, and in particular whether the provision ofPersonal Data is a statutory or contractual requirement, or arequirement necessary to enter into a contract.
Your Rights underthe GDPR
The Companyundertakes to respect the confidentiality of Your Personal Data andto guarantee You can exercise Your rights.
You have the rightunder this Privacy Policy, and by law if You are within the EU, to:
• Requestaccess to Your Personal Data. The right to access, update ordelete the information We have on You. Whenever made possible, youcan access, update or request deletion of Your Personal Data directlywithin Your account settings section. If you are unable to performthese actions yourself, please contact Us to assist You. This alsoenables You to receive a copy of the Personal Data We hold about You.
• Requestcorrection of the Personal Data that We hold about You. You havethe right to to have any incomplete or inaccurate information We holdabout You corrected.
• Object toprocessing of Your Personal Data. This right exists where We arerelying on a legitimate interest as the legal basis for Ourprocessing and there is something about Your particular situation,which makes You want to object to our processing of Your PersonalData on this ground. You also have the right to object where We areprocessing Your Personal Data for direct marketing purposes.
• Requesterasure of Your Personal Data. You have the right to ask Us todelete or remove Personal Data when there is no good reason for Us tocontinue processing it.
• Request thetransfer of Your Personal Data. We will provide to You, or to athird-party You have chosen, Your Personal Data in a structured,commonly used, machine-readable format. Please note that this rightonly applies to automated information which You initially providedconsent for Us to use or where We used the information to perform acontract with You.
• WithdrawYour consent. You have the right to withdraw Your consent onusing your Personal Data. If You withdraw Your consent, We may not beable to provide You with access to certain specific functionalitiesof the Service.
Exercising of YourGDPR Data Protection Rights
You may exerciseYour rights of access, rectification, cancellation and opposition bycontacting Us. Please note that we may ask You to verify Youridentity before responding to such requests. If You make a request,We will try our best to respond to You as soon as possible.
You have the rightto complain to a Data Protection Authority about Our collection anduse of Your Personal Data. For more information, if You are in theEuropean Economic Area (EEA), please contact Your local dataprotection authority in the EEA.
Children's Privacy
Our Service does notaddress anyone under the age of 13. We do not knowingly collectpersonally identifiable information from anyone under the age of 13.If You are a parent or guardian and You are aware that Your child hasprovided Us with Personal Data, please contact Us. If We become awarethat We have collected Personal Data from anyone under the age of 13without verification of parental consent, We take steps to removethat information from Our servers.
If We need to relyon consent as a legal basis for processing Your information and Yourcountry requires consent from a parent, We may require Your parent'sconsent before We collect and use that information.
Your CaliforniaPrivacy Rights (California Business and Professions Code Section22581)
California Businessand Professions Code section 22581 allow California residents underthe age of 18 who are registered users of online sites, services orapplications to request and obtain removal of content or informationthey have publicly posted.
To request removalof such data, and if you are a California resident, You can contactUs using the contact information provided below, and include theemail address associated with Your account.
Be aware that Yourrequest does not guarantee complete or comprehensive removal ofcontent or information posted online and that the law may not permitor require removal in certain circumstances.
Links to OtherWebsites
Our Service maycontain links to other websites that are not operated by Us. If Youclick on a third party link, You will be directed to that thirdparty's site. We strongly advise You to review the Privacy Policy ofevery site You visit.
We have no controlover and assume no responsibility for the content, privacy policiesor practices of any third party sites or services.
Changes to thisPrivacy Policy
We may update ourPrivacy Policy from time to time. We will notify You of any changesby posting the new Privacy Policy on this page.
We will let You knowvia email and/or a prominent notice on Our Service, prior to thechange becoming effective and update the "Last updated"date at the top of this Privacy Policy.
You are advised toreview this Privacy Policy periodically for any changes. Changes tothis Privacy Policy are effective when they are posted on this page.
Terms and Conditions
Last updated: April07, 2020
Please read theseterms and conditions carefully before using Our Service.
Interpretation andDefinitions
Interpretation
The words of whichthe initial letter is capitalized have meanings defined under thefollowing conditions.
The followingdefinitions shall have the same meaning regardless of whether theyappear in singular or in plural.
Definitions
For the purposes ofthese Terms and Conditions:
•Application means the software program provided by the Companydownloaded by You on any electronic device.
• ApplicationStore means the digital distribution service operated anddeveloped by Apple Inc. (Apple App Store) or Google Inc. (Google PlayStore) in which the Application has been downloaded.
•Affiliate means an entity that controls, is controlled by or isunder common control with a party, where "control" meansownership of 50% or more of the shares, equity interest or othersecurities entitled to vote for election of directors or othermanaging authority.
•Account means a unique account created for You to access ourService or parts of our Service.
•Company (referred to as either "the Company", "We","Us" or "Our" in this Agreement) refers toMethinking, http://methinking.de.
•Content refers to content such as text, images, or otherinformation that can be posted, uploaded, linked to or otherwise madeavailable by You, regardless of the form of that content.
•Country refers to: Bavaria, Germany
• Device meansany device that can access the Service such as a computer, acellphone or a digital tablet.
•Feedback means feedback, innovations or suggestions sent by Youregarding the attributes, performance or features of our Service.
• Goods referto the items offered for sale on the Service.
• Orders meana request by You to purchase Goods from Us.
• In-appPurchase refers to the purchase of a product, item, service orSubscription made through the Application and subject to these Termsand Conditions and/or the Application Store's own terms andconditions.
•Service refers to the Application or the Website or both.
• Terms andConditions (also referred as "Terms") mean these Termsand Conditions that form the entire agreement between You and theCompany regarding the use of the Service.
• Third-partySocial Media Service means any services or content (includingdata, information, products or services) provided by a third-partythat may be displayed, included or made available by the Service.
•Website refers to methinking.de, accessible fromhttp://methinking.de
• You meansthe individual accessing or using the Service, or the company, orother legal entity on behalf of which such individual is accessing orusing the Service, as applicable.
Acknowledgement
These are the Termsand Conditions governing the use of this Service and the agreementthat operates between You and the Company. These Terms and Conditionsset out the rights and obligations of all users regarding the use ofthe Service.
Your access to anduse of the Service is conditioned on Your acceptance of andcompliance with these Terms and Conditions. These Terms andConditions apply to all visitors, users and others who access or usethe Service.
By accessing orusing the Service You agree to be bound by these Terms andConditions. If You disagree with any part of these Terms andConditions then You may not access the Service.
Your access to anduse of the Service is also conditioned on Your acceptance of andcompliance with the Privacy Policy of the Company. Our Privacy Policydescribes Our policies and procedures on the collection, use anddisclosure of Your personal information when You use the Applicationor the Website and tells You about Your privacy rights and how thelaw protects You. Please read Our Privacy Policy carefully beforeusing Our Service.
Placing Orders forGoods
By placing an Orderfor Goods through the Service, You warrant that You are legallycapable of entering into binding contracts.
Your Information
If You wish to placean Order for Goods available on the Service, You may be asked tosupply certain information relevant to Your Order including, withoutlimitation, Your name, Your email, Your phone number, Your creditcard number, the expiration date of Your credit card, Your billingaddress, and Your shipping information.
You represent andwarrant that: (i) You have the legal right to use any credit or debitcard(s) or other payment method(s) in connection with any Order; andthat (ii) the information You supply to us is true, correct andcomplete.
By submitting suchinformation, You grant us the right to provide the information topayment processing third parties for purposes of facilitating thecompletion of Your Order.
Order Cancellation
We reserve the rightto refuse or cancel Your Order at any time for certain reasonsincluding but not limited to:
• Goodsavailability
• Errors inthe description or prices for Goods
• Errors inYour Order
We reserve the rightto refuse or cancel Your Order if fraud or an unauthorized or illegaltransaction is suspected.
Your OrderCancellation Rights
Any Goods youpurchase can only be returned in accordance with these Terms andConditions and Our Returns Policy.
Our Returns Policyforms a part of these Terms and Conditions. Please read our ReturnsPolicy to learn more about your right to cancel Your Order.
Your right to cancelan Order only applies to Goods that are returned in the samecondition as You received them. You should also include all of theproducts instructions, documents and wrappings. Goods that aredamaged or not in the same condition as You received them or whichare worn simply beyond opening the original packaging will not berefunded. You should therefore take reasonable care of the purchasedGoods while they are in Your possession.
We will reimburseYou no later than 14 days from the day on which We receive thereturned Goods. We will use the same means of payment as You used forthe Order, and You will not incur any fees for such reimbursement.
You will not haveany right to cancel an Order for the supply of any of the followingGoods:
• The supplyof Goods made to Your specifications or clearly personalized.
• The supplyof Goods which according to their nature are not suitable to bereturned, deteriorate rapidly or where the date of expiry is over.
• The supplyof Goods which are not suitable for return due to health protectionor hygiene reasons and were unsealed after delivery.
• The supplyof Goods which are, after delivery, according to their nature,inseparably mixed with other items.
• The supplyof digital content which is not supplied on a tangible medium if theperformance has begun with Your prior express consent and You haveacknowledged Your loss of cancellation right.
Availability, Errorsand Inaccuracies
We are constantlyupdating Our offerings of Goods on the Service. The Goods availableon Our Service may be mispriced, described inaccurately, orunavailable, and We may experience delays in updating informationregarding our Goods on the Service and in Our advertising on otherwebsites.
We cannot and do notguarantee the accuracy or completeness of any information, includingprices, product images, specifications, availability, and services.We reserve the right to change or update information and to correcterrors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reservesthe right to revise its prices at any time prior to accepting anOrder.
The prices quotedmay be revised by the Company subsequent to accepting an Order in theevent of any occurrence affecting delivery caused by governmentaction, variation in customs duties, increased shipping charges,higher foreign exchange costs and any other matter beyond the controlof the Company. In that event, You will have the right to cancel YourOrder.
Payments
All Goods purchasedare subject to a one-time payment. Payment can be made throughvarious payment methods we have available, such as Visa, MasterCard,Affinity Card, American Express cards or online payment methods(PayPal, for example).
Payment cards(credit cards or debit cards) are subject to validation checks andauthorization by Your card issuer. If we do not receive the requiredauthorization, We will not be liable for any delay or non-delivery ofYour Order.
In-app Purchases
The Application mayinclude In-app Purchases that allow you to buy products, services orSubscriptions.
More informationabout how you may be able to manage In-app Purchases using yourDevice may be set out in the Application Store's own terms andconditions or in your Device's Help settings.
In-app Purchases canonly be consumed within the Application. If you make a In-appPurchase, that In-app Purchase cannot be cancelled after you haveinitiated its download. In-app Purchases cannot be redeemed for cashor other consideration or otherwise transferred.
If any In-appPurchase is not successfully downloaded or does not work once it hasbeen successfully downloaded, we will, after becoming aware of thefault or being notified to the fault by You, investigate the reasonfor the fault. We will act reasonably in deciding whether to provideYou with a replacement In-app Purchase or issue You with a patch torepair the fault. In no event will We charge You to replace or repairthe In-app Purchase. In the unlikely event that we are unable toreplace or repair the relevant In-app Purchase or are unable to do sowithin a reasonable period of time and without significantinconvenience to You, We will authorize the Application Store torefund You an amount up to the cost of the relevant In-app Purchase.Alternatively, if You wish to request a refund, You may do so bycontacting the Application Store directly.
You acknowledge andagree that all billing and transaction processes are handled by theApplication Store from where you downloaded the Application and aregoverned by that Application Store's own terms and conditions.
If you have anypayment related issues with In-app Purchases, then you need tocontact the Application Store directly.
User Accounts
When You create anaccount with Us, You must provide Us information that is accurate,complete, and current at all times. Failure to do so constitutes abreach of the Terms, which may result in immediate termination ofYour account on Our Service.
You are responsiblefor safeguarding the password that You use to access the Service andfor any activities or actions under Your password, whether Yourpassword is with Our Service or a Third-Party Social Media Service.
You agree not todisclose Your password to any third party. You must notify Usimmediately upon becoming aware of any breach of security orunauthorized use of Your account.
You may not use as ausername the name of another person or entity or that is not lawfullyavailable for use, a name or trademark that is subject to any rightsof another person or entity other than You without appropriateauthorization, or a name that is otherwise offensive, vulgar orobscene.
Content
Your Right to PostContent
Our Service allowsYou to post Content. You are responsible for the Content that Youpost to the Service, including its legality, reliability, andappropriateness.
By posting Contentto the Service, You grant Us the right and license to use, modify,publicly perform, publicly display, reproduce, and distribute suchContent on and through the Service. You retain any and all of Yourrights to any Content You submit, post or display on or through theService and You are responsible for protecting those rights. Youagree that this license includes the right for Us to make YourContent available to other users of the Service, who may also useYour Content subject to these Terms.
You represent andwarrant that: (i) the Content is Yours (You own it) or You have theright to use it and grant Us the rights and license as provided inthese Terms, and (ii) the posting of Your Content on or through theService does not violate the privacy rights, publicity rights,copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is notresponsible for the content of the Service's users. You expresslyunderstand and agree that You are solely responsible for the Contentand for all activity that occurs under your account, whether done soby You or any third person using Your account.
You may not transmitany Content that is unlawful, offensive, upsetting, intended todisgust, threatening, libelous, defamatory, obscene or otherwiseobjectionable. Examples of such objectionable Content include, butare not limited to, the following:
• Unlawful orpromoting unlawful activity.
• Defamatory,discriminatory, or mean-spirited content, including references orcommentary about religion, race, sexual orientation, gender,national/ethnic origin, or other targeted groups.
• Spam,machine – or randomly – generated, constituting unauthorized orunsolicited advertising, chain letters, any other form ofunauthorized solicitation, or any form of lottery or gambling.
• Containingor installing any viruses, worms, malware, trojan horses, or othercontent that is designed or intended to disrupt, damage, or limit thefunctioning of any software, hardware or telecommunications equipmentor to damage or obtain unauthorized access to any data or otherinformation of a third person.
• Infringingon any proprietary rights of any party, including patent, trademark,trade secret, copyright, right of publicity or other rights.
•Impersonating any person or entity including the Company and itsemployees or representatives.
• Violatingthe privacy of any third person.
• Falseinformation and features.
The Company reservesthe right, but not the obligation, to, in its sole discretion,determine whether or not any Content is appropriate and complies withthis Terms, refuse or remove this Content. The Company furtherreserves the right to make formatting and edits and change the mannerany Content. The Company can also limit or revoke the use of theService if You post such objectionable Content.
As the Companycannot control all content posted by users and/or third parties onthe Service, you agree to use the Service at your own risk. Youunderstand that by using the Service You may be exposed to contentthat You may find offensive, indecent, incorrect or objectionable,and You agree that under no circumstances will the Company be liablein any way for any content, including any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result ofyour use of any content.
Content Backups
Although regularbackups of Content are performed, the Company do not guarantee therewill be no loss or corruption of data.
Corrupt or invalidbackup points may be caused by, without limitation, Content that iscorrupted prior to being backed up or that changes during the time abackup is performed.
The Company willprovide support and attempt to troubleshoot any known or discoveredissues that may affect the backups of Content. But You acknowledgethat the Company has no liability related to the integrity of Contentor the failure to successfully restore Content to a usable state.
You agree tomaintain a complete and accurate copy of any Content in a locationindependent of the Service.
Copyright Policy
IntellectualProperty Infringement
We respect theintellectual property rights of others. It is Our policy to respondto any claim that Content posted on the Service infringes a copyrightor other intellectual property infringement of any person.
If You are acopyright owner, or authorized on behalf of one, and You believe thatthe copyrighted work has been copied in a way that constitutescopyright infringement that is taking place through the Service, Youmust submit Your notice in writing to the attention of our copyrightagent via email at info@methinking.com and include in Your notice adetailed description of the alleged infringement.
You may be heldaccountable for damages (including costs and attorneys' fees) formisrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCAProcedure for Copyright Infringement Claims
You may submit anotification pursuant to the Digital Millennium Copyright Act (DMCA)by providing our Copyright Agent with the following information inwriting (see 17 U.S.C 512(c)(3) for further detail):
• Anelectronic or physical signature of the person authorized to act onbehalf of the owner of the copyright's interest.
• Adescription of the copyrighted work that You claim has beeninfringed, including the URL (i.e., web page address) of the locationwhere the copyrighted work exists or a copy of the copyrighted work.
•Identification of the URL or other specific location on the Servicewhere the material that You claim is infringing is located.
• Youraddress, telephone number, and email address.
• A statementby You that You have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law.
• A statementby You, made under penalty of perjury, that the above information inYour notice is accurate and that You are the copyright owner orauthorized to act on the copyright owner's behalf.
You can contact ourcopyright agent via email at info@methinking.com.
Upon receipt of anotification, the Company will take whatever action, in its solediscretion, it deems appropriate, including removal of the challengedcontent from the Service.
Your Feedback to Us
You assign allrights, title and interest in any Feedback You provide the Company.If for any reason such assignment is ineffective, You agree to grantthe Company a non-exclusive, perpetual, irrevocable, royalty free,worldwide right and licence to use, reproduce, disclose, sub-licence,distribute, modify and exploit such Feedback without restriction.
Links to OtherWebsites
Our Service maycontain links to third-party web sites or services that are not ownedor controlled by the Company.
The Company has nocontrol over, and assumes no responsibility for, the content, privacypolicies, or practices of any third party web sites or services. Youfurther acknowledge and agree that the Company shall not beresponsible or liable, directly or indirectly, for any damage or losscaused or alleged to be caused by or in connection with the use of orreliance on any such content, goods or services available on orthrough any such web sites or services.
We strongly adviseYou to read the terms and conditions and privacy policies of anythird-party web sites or services that You visit.
Termination
We may terminate orsuspend Your Account immediately, without prior notice or liability,for any reason whatsoever, including without limitation if You breachthese Terms and Conditions.
Upon termination,Your right to use the Service will cease immediately. If You wish toterminate Your Account, You may simply discontinue using the Service.
Limitation ofLiability
Notwithstanding anydamages that You might incur, the entire liability of the Company andany of its suppliers under any provision of this Terms and Yourexclusive remedy for all of the foregoing shall be limited to theamount actually paid by You through the Service or 100 USD if Youhaven't purchased anything through the Service.
To the maximumextent permitted by applicable law, in no event shall the Company orits suppliers be liable for any special, incidental, indirect, orconsequential damages whatsoever (including, but not limited to,damages for loss of profits, loss of data or other information, forbusiness interruption, for personal injury, loss of privacy arisingout of or in any way related to the use of or inability to use theService, third-party software and/or third-party hardware used withthe Service, or otherwise in connection with any provision of thisTerms), even if the Company or any supplier has been advised of thepossibility of such damages and even if the remedy fails of itsessential purpose.
Some states do notallow the exclusion of implied warranties or limitation of liabilityfor incidental or consequential damages, which means that some of theabove limitations may not apply. In these states, each party'sliability will be limited to the greatest extent permitted by law.
"AS IS"and "AS AVAILABLE" Disclaimer
The Service isprovided to You "AS IS" and "AS AVAILABLE" andwith all faults and defects without warranty of any kind. To themaximum extent permitted under applicable law, the Company, on itsown behalf and on behalf of its Affiliates and its and theirrespective licensors and service providers, expressly disclaims allwarranties, whether express, implied, statutory or otherwise, withrespect to the Service, including all implied warranties ofmerchantability, fitness for a particular purpose, title andnon-infringement, and warranties that may arise out of course ofdealing, course of performance, usage or trade practice. Withoutlimitation to the foregoing, the Company provides no warranty orundertaking, and makes no representation of any kind that the Servicewill meet Your requirements, achieve any intended results, becompatible or work with any other software, applications, systems orservices, operate without interruption, meet any performance orreliability standards or be error free or that any errors or defectscan or will be corrected.
Without limiting theforegoing, neither the Company nor any of the company's providermakes any representation or warranty of any kind, express or implied:(i) as to the operation or availability of the Service, or theinformation, content, and materials or products included thereon;(ii) that the Service will be uninterrupted or error-free; (iii) asto the accuracy, reliability, or currency of any information orcontent provided through the Service; or (iv) that the Service, itsservers, the content, or e-mails sent from or on behalf of theCompany are free of viruses, scripts, trojan horses, worms, malware,timebombs or other harmful components.
Some jurisdictionsdo not allow the exclusion of certain types of warranties orlimitations on applicable statutory rights of a consumer, so some orall of the above exclusions and limitations may not apply to You. Butin such a case the exclusions and limitations set forth in thissection shall be applied to the greatest extent enforceable underapplicable law.
Governing Law
The laws of theCountry, excluding its conflicts of law rules, shall govern thisTerms and Your use of the Service. Your use of the Application mayalso be subject to other local, state, national, or internationallaws.
Disputes Resolution
If You have anyconcern or dispute about the Service, You agree to first try toresolve the dispute informally by contacting the Company.
For European Union(EU) Users
If You are aEuropean Union consumer, you will benefit from any mandatoryprovisions of the law of the country in which you are resident in.
United States LegalCompliance
You represent andwarrant that (i) You are not located in a country that is subject tothe United States government embargo, or that has been designated bythe United States government as a “terrorist supporting” country,and (ii) You are not listed on any United States government list ofprohibited or restricted parties.
Severability andWaiver
Severability
If any provision ofthese Terms is held to be unenforceable or invalid, such provisionwill be changed and interpreted to accomplish the objectives of suchprovision to the greatest extent possible under applicable law andthe remaining provisions will continue in full force and effect.
Waiver
Except as providedherein, the failure to exercise a right or to require performance ofan obligation under this Terms shall not effect a party's ability toexercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute a waiver ofany subsequent breach.
TranslationInterpretation
These Terms andConditions may have been translated if We have made them available toYou on our Service.
You agree that theoriginal English text shall prevail in the case of a dispute.
Changes to TheseTerms and Conditions
We reserve theright, at Our sole discretion, to modify or replace these Terms atany time. If a revision is material We will make reasonable effortsto provide at least 30 days' notice prior to any new terms takingeffect. What constitutes a material change will be determined at Oursole discretion.
By continuing toaccess or use Our Service after those revisions become effective, Youagree to be bound by the revised terms. If You do not agree to thenew terms, in whole or in part, please stop using the website and theService.
End-User LicenseAgreement ("Agreement")
Last updated: April07, 2020
Please read thisEnd-User License Agreement carefully before clicking the "IAgree" button, downloading or using any application provided byCompany.
Interpretation andDefinitions
Interpretation
The words of whichthe initial letter is capitalized have meanings defined under thefollowing conditions.
The followingdefinitions shall have the same meaning regardless of whether theyappear in singular or in plural.
Definitions
For the purposes ofthis End-User License Agreement:
•Agreement means this End-User License Agreement that forms theentire agreement between You and the Company regarding the use of theApplication.
•Application means the software program provided by the Companydownloaded by You through an Application Store's account to a Device.
• ApplicationStore means the digital distribution service operated anddeveloped by Apple Inc. (Apple App Store) or Google Inc. (Google PlayStore) by which the Application has been downloaded to your Device.
•Company (referred to as either "the Company", "We","Us" or "Our" in this Agreement) refers toMethinking UG, Buergermeister Panzer Strasse 8, 83629 Weyarn.
•Content refers to content such as text, images, or otherinformation that can be posted, uploaded, linked to or otherwise madeavailable by You, regardless of the form of that content.
•Country refers to: Bavaria, Germany
• Device meansany device that can access the Application such as a computer, acellphone or a digital tablet.
• FamilySharing / Family Group permits You to share applicationsdownloaded through the Application Store with other family members byallowing them to view and download each others' eligible Applicationsto their associated Devices.
• Third-PartyServices means any services or content (including data,information, applications and other products services) provided by athird-party that may be displayed, included or made available by theApplication.
• You meansthe individual accessing or using the Application or the company, orother legal entity on behalf of which such individual is accessing orusing the Application, as applicable.
Acknowledgement
By clicking the "IAgree" button, downloading or using the Application, You areagreeing to be bound by the terms and conditions of this Agreement.If You do not agree to the terms of this Agreement, do not click onthe "I Agree" button, do not download or do not use theApplication.
This Agreement is alegal document between You and the Company and it governs your use ofthe Application made available to You by the Company.
This Agreement isbetween You and the Company only and not with the Application Store.Therefore, the Company is solely responsible for the Application andits content. Although the Application Store is not a party to thisAgreement, it has the right to enforce it against You as a thirdparty beneficiary relating to your use of the Application.
Since theApplication can be accessed and used by other users via, for example,Family Sharing / Family Group or volume purchasing, the use of theApplication by those users is expressly subject to this Agreement.
The Application islicensed, not sold, to You by the Company for use strictly inaccordance with the terms of this Agreement.
You represent thatyou are over the age of 18. The Company does not target its Contentto children or teenagers under 18, and the Company does not permitany user under 18 for using the Application.
License
Scope of License
The Company grantsYou a revocable, non-exclusive, non-transferable, limited license todownload, install and use the Application strictly in accordance withthe terms of this Agreement.
You may only use theApplication on a Device that You own or control and as permitted bythe Application Store's terms and conditions.
The license that isgranted to You by the Company is solely for your personal,non-commercial purposes strictly in accordance with the terms of thisAgreement.
License Restrictions
You agree not to,and You will not permit others to:
• License,sell, rent, lease, assign, distribute, transmit, host, outsource,disclose or otherwise commercially exploit the Application or makethe Application available to any third party.
• Copy or usethe Application for any purpose other than as permitted under theabove section 'License'.
• Modify, makederivative works of, disassemble, decrypt, reverse compile or reverseengineer any part of the Application.
• Remove,alter or obscure any proprietary notice (including any notice ofcopyright or trademark) of the Company or its affiliates, partners,suppliers or the licensors of the Application.
Content
Content Restrictions
The Company is notresponsible for the entries, information or content of theApplication's users.
You expresslyunderstand and agree that You are solely responsible for the Contentand for all activity that occurs under your account, whether done soby You or any third person using your account.
You may not transmitany Content that is unlawful, offensive, upsetting, intended todisgust, threatening, libelous, defamatory, obscene or otherwiseobjectionable. Examples of such objectionable Content include, butare not limited to, the following:
• Unlawful orpromoting unlawful activity.
• Defamatory,discriminatory, or mean-spirited content, including references orcommentary about religion, race, sexual orientation, gender,national/ethnic origin, or other targeted groups.
• Spam,machine – or randomly – generated, constituting unauthorized orunsolicited advertising, chain letters, any other form ofunauthorized solicitation, or any form of lottery or gambling.
• Containingor installing any viruses, worms, malware, trojan horses, or othercontent that is designed or intended to disrupt, damage, or limit thefunctioning of any software, hardware or telecommunications equipmentor to damage or obtain unauthorized access to any data or otherinformation of a third person.
• Infringingon any proprietary rights of any party, including patent, trademark,trade secret, copyright, right of publicity or other rights.
•Impersonating any person or entity including the Company and itsemployees or representatives.
• Violatingthe privacy of any third person.
• Falseinformation and features.
The Company reservesthe right, but not the obligation, to, in its sole discretion,determine whether or not any Content is appropriate and complies withthis Agreement, refuse or remove any Content. The Company furtherreserves the right to make formatting and edits and change the mannerany Content. The Company can also limit or revoke the use of theApplication if You post such objectionable Content.
As the Companycannot control all content posted by users and/or third parties onthe Application, you agree to use the Application at your own risk.You understand that by using the Application You may be exposed tocontent that You may find offensive, indecent, incorrect orobjectionable, and You agree that under no circumstances will theCompany be liable in any way for any content, including any errors oromissions in any content, or any loss or damage of any kind incurredas a result of your use of any content.
IntellectualProperty
The Application,including without limitation all copyrights, patents, trademarks,trade secrets and other intellectual property rights are, and shallremain, the sole and exclusive property of the Company.
The Company shallnot be obligated to indemnify or defend You with respect to any thirdparty claim arising out of or relating to the Application. To theextend the Company is required to provide indemnification byapplicable law, the Company, not the Application Store, shall besolely responsible for the investigation, defense, settlement anddischarge of any claim that the Application or your use of itinfringes any third party intellectual property rights.
Your Suggestions
Any feedback,comments, ideas, improvements or suggestions provided by You to theCompany with respect to the Application shall remain the sole andexclusive property of the Company.
The Company shall befree to use, copy, modify, publish, or redistribute the Suggestionsfor any purpose and in any way without any credit or any compensationto You.
Modifications to theApplication
The Company reservesthe right to modify, suspend or discontinue, temporarily orpermanently, the Application or any service to which it connects,with or without notice and without liability to You.
Updates to theApplication
The Company may fromtime to time provide enhancements or improvements to thefeatures/functionality of the Application, which may include patches,bug fixes, updates, upgrades and other modifications.
Updates may modifyor delete certain features and/or functionalities of the Application.You agree that the Company has no obligation to (i) provide anyUpdates, or (ii) continue to provide or enable any particularfeatures and/or functionalities of the Application to You.
You further agreethat all updates or any other modifications will be (i) deemed toconstitute an integral part of the Application, and (ii) subject tothe terms and conditions of this Agreement.
Maintenance andSupport
The Company does notprovide any maintenance or support for the download and use of theApplication. To the extent that any maintenance or support isrequired by applicable law, the Company, not the Application Store,shall be obligated to furnish any such maintenance or support.
Third-Party Services
The Application maydisplay, include or make available third-party content (includingdata, information, applications and other products services) orprovide links to third-party websites or services.
You acknowledge andagree that the Company shall not be responsible for any Third-partyServices, including their accuracy, completeness, timeliness,validity, copyright compliance, legality, decency, quality or anyother aspect thereof. The Company does not assume and shall not haveany liability or responsibility to You or any other person or entityfor any Third-party Services.
You must comply withapplicable Third parties' Terms of agreement when using theApplication. Third-party Services and links thereto are providedsolely as a convenience to You and You access and use them entirelyat your own risk and subject to such third parties' Terms andconditions.
Privacy Policy
The Companycollects, stores, maintains, and shares information about You inaccordance with Our Privacy Policy:https://www.freeprivacypolicy.com/privacy/view/8de32057bb0eb6245ab36ef4d1569e41
By accepting thisAgreement, You acknowledge that You hereby agree and consent to theterms and conditions of Our Privacy Policy.
Term and Termination
This Agreement shallremain in effect until terminated by You or the Company.
The Company may, inits sole discretion, at any time and for any or no reason, suspend orterminate this Agreement with or without prior notice.
This Agreement willterminate immediately, without prior notice from the Company, in theevent that you fail to comply with any provision of this Agreement.You may also terminate this Agreement by deleting the Application andall copies thereof from your Device or from your computer.
Upon termination ofthis Agreement, You shall cease all use of the Application and deleteall copies of the Application from your Device.
Termination of thisAgreement will not limit any of the Company's rights or remedies atlaw or in equity in case of breach by You (during the term of thisAgreement) of any of your obligations under the present Agreement.
Indemnification
You agree toindemnify and hold the Company and its parents, subsidiaries,affiliates, officers, employees, agents, partners and licensors (ifany) harmless from any claim or demand, including reasonableattorneys' fees, due to or arising out of your: (a) use of theApplication; (b) violation of this Agreement or any law orregulation; or (c) violation of any right of a third party.
No Warranties
The Application isprovided to You "AS IS" and "AS AVAILABLE" andwith all faults and defects without warranty of any kind. To themaximum extent permitted under applicable law, the Company, on itsown behalf and on behalf of its affiliates and its and theirrespective licensors and service providers, expressly disclaims allwarranties, whether express, implied, statutory or otherwise, withrespect to the Application, including all implied warranties ofmerchantability, fitness for a particular purpose, title andnon-infringement, and warranties that may arise out of course ofdealing, course of performance, usage or trade practice. Withoutlimitation to the foregoing, the Company provides no warranty orundertaking, and makes no representation of any kind that theApplication will meet your requirements, achieve any intendedresults, be compatible or work with any other software, applications,systems or services, operate without interruption, meet anyperformance or reliability standards or be error free or that anyerrors or defects can or will be corrected.
Without limiting theforegoing, neither the Company nor any of the company's providermakes any representation or warranty of any kind, express or implied:(i) as to the operation or availability of the Application, or theinformation, content, and materials or products included thereon;(ii) that the Application will be uninterrupted or error-free; (iii)as to the accuracy, reliability, or currency of any information orcontent provided through the Application; or (iv) that theApplication, its servers, the content, or e-mails sent from or onbehalf of the Company are free of viruses, scripts, trojan horses,worms, malware, timebombs or other harmful components.
Some jurisdictionsdo not allow the exclusion of certain types of warranties orlimitations on applicable statutory rights of a consumer, so some orall of the above exclusions and limitations may not apply to You. Butin such a case the exclusions and limitations set forth in thissection 11 shall be applied to the greatest extent enforceable underapplicable law. To the extent any warranty exists under law thatcannot be disclaimed, the Company, not the Application Store, shallbe solely responsible for such warranty.
Limitation ofLiability
Notwithstanding anydamages that You might incur, the entire liability of the Company andany of its suppliers under any provision of this Agreement and yourexclusive remedy for all of the foregoing shall be limited to theamount actually paid by You for the Application or through theApplication.
To the maximumextent permitted by applicable law, in no event shall the Company orits suppliers be liable for any special, incidental, indirect, orconsequential damages whatsoever (including, but not limited to,damages for loss of profits, loss of data or other information, forbusiness interruption, for personal injury, loss of privacy arisingout of or in any way related to the use of or inability to use theApplication, third-party software and/or third-party hardware usedwith the Application, or otherwise in connection with any provisionof this Agreement), even if the Company or any supplier has beenadvised of the possibility of such damages and even if the remedyfails of its essential purpose.
Somestates/jurisdictions do not allow the exclusion or limitation ofincidental or consequential damages, so the above limitation orexclusion may not apply to You.
You expresslyunderstand and agree that the Application Store, its subsidiaries andaffiliates, and its licensors shall not be liable to You under anytheory of liability for any direct, indirect, incidental, specialconsequential or exemplary damages that may be incurred by You,including any loss of data, whether or not the Application Store orits representatives have been advised of or should have been aware ofthe possibility of any such losses arising.
Severability andWaiver
Severability
If any provision ofthis Agreement is held to be unenforceable or invalid, such provisionwill be changed and interpreted to accomplish the objectives of suchprovision to the greatest extent possible under applicable law andthe remaining provisions will continue in full force and effect.
Waiver
Except as providedherein, the failure to exercise a right or to require performance ofan obligation under this Agreement shall not effect a party's abilityto exercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute a waiver ofany subsequent breach.
Product Claims
The Company does notmake any warranties concerning the Application. To the extent Youhave any claim arising from or relating to your use of theApplication, the Company, not the Application Store, is responsiblefor addressing any such claims, which may include, but not limitedto: (i) any product liability claims; (ii) any claim that theApplication fails to conform to any applicable legal or regulatoryrequirement; and (iii) any claim arising under consumer protection,or similar legislation.
United States LegalCompliance
You represent andwarrant that (i) You are not located in a country that is subject tothe United States government embargo, or that has been designated bythe United States government as a "terrorist supporting"country, and (ii) You are not listed on any United States governmentlist of prohibited or restricted parties.
Changes to thisAgreement
The Company reservesthe right, at its sole discretion, to modify or replace thisAgreement at any time. If a revision is material we will provide atleast 30 days' notice prior to any new terms taking effect. Whatconstitutes a material change will be determined at the solediscretion of the Company.
By continuing toaccess or use the Application after any revisions become effective,You agree to be bound by the revised terms. If You do not agree tothe new terms, You are no longer authorized to use the Application.
Governing Law
The laws of theCountry, excluding its conflicts of law rules, shall govern thisAgreement and your use of the Application. Your use of theApplication may also be subject to other local, state, national, orinternational laws.
Entire Agreement
The Agreementconstitutes the entire agreement between You and the Companyregarding your use of the Application and supersedes all prior andcontemporaneous written or oral agreements between You and theCompany.
You may be subjectto additional terms and conditions that apply when You use orpurchase other Company's services, which the Company will provide toYou at the time of such use or purchase.
Contact Us
If you have anyquestions about this Agreement, You can contact Us:
• By email:info@methinking.de
• By visitingthis page on our website: http://methinking.de