Thank you for taking the time to read these Terms of Service (“Terms”, “Agreement”) containing the terms and conditions on which I supply you with Rainy, a fantastic wellness audio app and website with a focus on exceptionally high quality rain and nature audio ambiences. The website is located at http://rainy.plus. The Rainy app and website ("Service", "Services") are owned and operated by Franz Bruckhoff, an individual ("Operator", "I", "my", “me"). The Operator is a small one-man operation from Germany working out of a tiny home office or out of cafés in not-so-fancy locations. You are not being confronted with or served by a multi-million dollar venture-backed startup or enterprise operating out of flashy headquarters in a place as cool as San Francisco. Please bear with me while you examine my Services. I do my best to make my Services satisfactory to you, within the constraints of a not-so-venture-backed one-man operation. I may update, change or terminate my Services at any time, without notice, at my sole discretion. It is important to point out that my Services are made for your own personal entertainment only, and are not intended to be used for medical purposes of any kind, and that they may not be completely fault-free or fit for any particular purpose. The term "you" refers to my beloved customer using my Services.
Questions? You can email the Operator at firstname.lastname@example.org. Happy to hear from you.
Text in italics shall be deemed not part of the Terms of Service and is provided only for the sake of entertaining or further clarifying commentary.
I'd be genuinely excited if you actually take the time to read these Terms of Service ("Terms") carefully, because they govern your use of the Services. I've made an effort to make them readable.
Alright, let's get down to brass tacks.
The Operator may modify these Terms of Service and its practices or Services at any time, and in its sole discretion. If the Operator chooses to do so, the Operator will apply reasonable measures to notify you of the changes by posting the updated Terms of Service either via email or to the Services. In addition, the latest version of these Terms is located at http://rainy.plus/tos.
By using the Services, you agree that if the Operator modifies the Terms of Service and you continue to use the Services, you automatically agree to the updated Terms of Service and abide by them, effective immediately upon posting them to the Services or, if posted via email, upon receiving the email.
If the Operator modifies the Terms of Service in a manner you disagree with, you agree to stop using the Services as soon as you take note of the changes, and that there will be no refunds. The Operator may decide in its sole discretion to bring the changes to your immediate attention via the means of popups, alerts, email or similar, when they seem big and important enough to point them out.
I may change or discontinue portions of my Services or my Services in their entirety, at any time, at my sole discretion, without prior notice to anyone. If I do so, there will be no refunds.
It’s certainly not on my roadmap to screw it up. Sometimes subtle or significant changes may be necessary to adapt to operating system and platform changes, new market conditions or other evolving circumstances. For example when I find an investor, an acquiring hero, or if I do a fantastic merger with a resourceful partner in order to take it all to the next level.
Note: You see, I'm not eager to get involved in frivolous lawsuits. Also, there isn't much you could gain from that since I'm not rich. I'm not driving a Lambo. My grandma sometimes gives me 20 bucks for gasoline. Sometimes I take the bus or walk because I can't afford to call the helicopter all the time. My wallet is pretty thin, and no, it's not because there are only a few platinum credit cards in it. So if you're mad at me for whatever reason, let's talk.
Except if you opt out using the process described in the "Arbitration Agreement" section below and except for certain types of disputes described in the "Arbitration Agreement" section below, you agree one hundred percent that any disputes, claims, enforcement, termination, or validity thereof of the use of the Services (collectively, "Disputes") will be settled by binding, individual arbitration, and you agree one hundred percent to waive any right, including (but not limited to) any constitutional and statutory rights to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding, or to participate in a class-wide arbitration. Also, you and the Operator waive any rights to have a trial in front of a judge or a jury, and opt to either resolve any disputes by talking to each other or via arbitration.
This Arbitration Notice shall survive any termination of these Terms of Service.
You and the Operator agree that any dispute, controversy or claim arising out of or relating to these Terms or the breach, enforcement, termination, interpretation or validity thereof or the use of the any Services will be settled by binding arbitration, except that each party retains the right:
(a) to bring an individual action in small claims court and
(b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, violation or misappropriation of a party's copyrights, trademarks, patents, trade secrets, or other intellectual property rights (collectively, "IP Protection Action").
As long as your ability to opt-out of arbitration is required by applicable law, you may opt-out of arbitration. To do so, please notify the Operator in writing within 30 days after becoming subject to these Terms of Service, and include your full name and address as well as your email address associated with your Services account (if any) or your best email address in case you have no Services account. Direct your notice to: Franz Bruckhoff, ATTN: Arbitration Opt-out, Lohkamp 11, DE 30855 Langenhagen, Germany; email@example.com
Due to large amounts of spam emails it is possible for emails to get lost. Therefore, as long as allowed under applicable law, if you opt-out via email, your opt-out is valid only if you receive a confirmation from the Operator. Also, as long as allowed under applicable law, if you opt-out via regular mail, your opt-out is valid only if you receive a confirmation from the Operator.
As long as allowed under applicable law, the exclusive jurisdication and venue for any IP Protection Action will be the courts in Hannover, Germany, or the state and federal courts located in the Northern District of California, to the Operator's sole discretion. In the event where applicable law requires the definition of only one jurisdication and venue, the exclusive jurisdication and venue for any IP Protection Action will be the courts in Hannover, Germany. Both parties waive any objection to jurisdication and venue.
The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any representative or class proceeding, unless both the Operator and you agree in writing to do so.
The Operator provides its Services under the condition that all disputes arising out of or in connection with your use of its Services or out of or in connection with these Terms of Service will be finally settled under the Rules of Arbitration of the International Chamber of Commerce ("ICC") by one single and neutral arbitrator, appointed in accordance with the said Rules of Arbitration, in the English or German language, and in accordance with the law governing these Terms of Service.
The Emergency Arbitrator Provisions shall not apply. In the event where the ICC is not available for arbitration, you and the Operator will select an alternative. The rules of these Terms shall always have precedence over the rules of the arbitral forum. To learn more, visit iccwbo.org.
The arbitrator must provide a sufficient explanation in writing containing the findings and conclusions on which any decision and award are based. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and amounts of damages for which a party may be held liable. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
You and the Operator may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present contract in accordance with the ICC Mediation Rules.
As long as allowed under applicable law, the Operator does not pay for any filing, administrative and arbitrator fees arising out of your claim for damages.
This Arbitration Agreement shall survive any termination of these Terms of Service.
You will indemnify and hold harmless the Operator and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to, inability to access, or your use of the Services or Content, or your violation of these Terms.
The Operator will apply reasonable skill and effort to maintain the Services. However, the Operator cannot guarantee that the Services and Content are always free of faults or fit for any particular purpose. The Services are not intended for high-stakes use cases of any kind and are designed and priced for your own, personal entertainment only.
If you encounter any faults with the Services or Content, please report them to the Operator. It is in the Operator’s best interest to fix any discovered and/or reported faults as soon as possible, however, the Operator operates with very limited resources and may prioritize fixing some faults before others.
The Operator may in its sole reasonable discretion interrupt providing the Services and Content to you when the need arises, and will resume providing the Services and Content as soon as possible. In the event where the Operator or system faults of any kind suspend your access to the Services and Content, the Operator is not liable to you. The Operator will strive to keep the durations of any suspensions of access to Services or Content as low as possible.
In the event where the Operator fails to fulfil its obligations under these Terms, the Operator’s liability to you will be limited to the purchase price of the affected Services and Content you have purchased.
To the fullest extent as permitted by applicable law, the Operator’s total liability in connection with these Terms, Services or Content will in no event exceed the amounts you have paid for the Services or Content, and will in no event exceed $10. However, the Operator may make an exception in its sole discretion. You acknowledge and agree that the Operator is only willing to enter this Agreement with you, do business with you and provide you the Services and Content under these Terms, under the assumption that the maximum liabilities to you are limited as described under these Terms.
Note: If it wasn’t for such limitations of damages, the prices would have to be so high that even a billionaire would reconsider paying them. In other words: The Services and Content would need to be ludicrously expensive. To the tune of hundreds of thousands of dollars per user maybe. Although it’s always good to be curious and have an open mind, I’m not eager to find out :)
The Operator, its licensors (“Licensors”) and partners will not be liable for any consequential, exemplary, special or incidental damages, lost profits, loss of valuable data, loss of any goodwill, any interruption or malfunctioning of Services, any malfunctioning or loss of Content or access to Content, unfitness for any particular purpose, any damage to your devices and hardware, any kind of system failure, any faulty or slow or incorrect data transmission, data transmission costs of any kind, damage caused by insecure data transmission, damage caused by not receiving data from you or you not receiving data or receiving incorrect or faulty data from the Operator, damage caused by malicious software of any kind infecting the Services or Content or the Operator’s servers or any data without the Operator’s intent, damage caused by any linked third party websites, damage caused by any unintentional security holes and/or hacking attacks against the Operator, damage caused by Services or Content delivery mechanisms, damage caused by phishing attacks against the Operator and you, your need to upgrade to a different or new device compatible with the Services due to changes to the Services or Content, the partial or full termination or discontinuation or modification of Services and their features or Content, and any cost of substitute Services or Content in the event of failure or unavailability.
In the event where applicable law does not allow the limitation or exclusion of any particular liability, that particular limitation or exclusion of liability shall not apply to you.
If you are 13 years or older and are not excluded from using the Services under any applicable laws for whatever reason, you are more than welcome to use the Operator's Services. But if you are not older than 13 years or you are excluded under applicable law from using the Operator's Services, then you may not use the Operator's Services. The Services may allow you to make a purchase or pay for a subscription, which is described in the "Purchases" section. To make a purchase or to subscribe, you absolutely must have reached an age of 18 years or older, and you must have reached the applicable age of majority in the jurisdiction affecting you. If you are not old enough, you may make a purchase or subscribe only with the clear and unambiguous consent of a legal guardian or parent, and under their account, subject to these Terms of Service.
The Services are only available through the App Store of Apple, only as a mobile app for iOS, and require a reasonably modern iOS device as stated on the description in the marketplace. Device requirements may change in the future, and it is up to you to obtain a device compatible with the Services, at your own cost.
The Services allow you to listen to premium quality psychoacoustic 3D nature audio and relaxing music for your own personal entertainment only. While they are designed to be enjoyable, the Operator does not provide medical devices and is not a health care provider. The Services are not designed to satisfy any medical need whatsoever and are not designed or implied to diagnose, prevent or treat any condition or disease.
The Services are not designed to ascertain the state of your mental or physical health or your medical condition, and are not meant to replace the help of a professional health care provider, physician or therapist of any kind. To find out whether the Services are a good fit for your mental or physical health conditions or for yourself in any way, please seek the advice from a physician, therapist or professional health care provider.
While there probably are third party studies showing the benefits of listening to nature audio, you understand that any information, advice, materials and links provided by the Services shall be seen as information of pure entertainment value only. In no way does the Operator or the Services assume medical competence. The Operator and the Services make no claims, representations, warranties or guarantees about any potential medical or therapeutic benefits or the completeness or suitability of any information made available via the Services, to the fullest extent as permitted by applicable law.
Note: I'd be a very bad therapist. Because the only not-so-related sort-of-medical piece of advice I have is that if you have a pet shark, let it swim in salt water. Why? Because pepper water could make it sneeze. When in doubt about anything health-related, please ask your doctor, not me. Seriously.
You may find out that the Services or parts of the Services are not suitable for you. If they make you feel uncomfortable in any way, please stop using the Services immediately and contact your physician, therapist or professional health care provider for advice.
Please refrain from using the Services while driving, flying, steering, operating machinery, performing surgery or any other tasks that require your full attention, concentration and presence. By using the Services you agree one hundred percent to be solely responsible for any outcomes of your use of the Services.
The Operator's Services may offer additional features and content available via an auto-renewable monthly, quarterly, half-yearly, yearly or lifetime subscription ("Subscription"). The availability of such offers and the availability of a free trial period may vary at the Operator's sole discretion and may change at any time without prior notice. Besides subscriptions, the Operator may offer one-off purchases ("Purchase") to gain access to special content or features.
Before placing your order, you will find a description of what you get for your money within the Service that offers the Purchase or Subscription, along with information about the amounts due and payable.
Please be aware that if you make a Purchase or pay for a Subscription, the sale is final and the Operator does not provide a refund. All Subscription and Purchase payment transactions are being taken care of by Apple, in Apple's sole discretion and subject to Apple's applicable payment policy. The Operator has no way of issuing refunds to your iTunes or App Store account.
Once your purchase gets confirmed, your payments will be charged to your iTunes or App Store account, subject to Apple's applicable payment policy. All payments are non-refundable and non-transferable, with any exceptions as required by applicable law or these Terms of Service.
Note: I do not receive your contact details or address from the App Store when you make a Subscription or Purchase. Therefore I cannot issue refunds outside of the App Store because your Purchase or Subscription is anonymous from my viewpoint, and anyone could approach me and claim to have paid for it. I would have no way to know whether that's true or not.
For your and the Operator's convenience, subscriptions are auto-renewable, which means that they automatically renew unless you turn off auto-renew or cancel at least 24 hours before the end of the current subscription period.
When a subscription renews, its period's length remains the same. So if a quarterly subscription renews, you become subscribed for another quarter. If a yearly subscription renews, you become subscribed for another year.
Unless you cancel or turn off auto-renew, your iTunes or App Store account will be charged for renewal within 24 hours prior to the end of the current subscription period. If you do not agree with that, please make sure to cancel your subscription. Once you cancel your subscription, you will continue to have access to the Services you had subscribed to, until the end of your current Subscription period.
Once you have subscribed, you can manage your subscription yourself by navigating to your iTunes & App Store account settings page. Please understand that the Operator has no access to your iTunes or App Store account and cannot cancel subscriptions for you.
Note: Sadly a lifetime subscription is a simple one-off purchase and does not automatically renew, since scientists haven't yet found a reliable way to let us live twice or forever.
A lifetime subscription constitutes a period of 125 years or until the sad day when the Services cease to exist for any reason and does not auto-renew. When you purchase a lifetime subscription, keep in mind that there is no guarantee that the Services will remain available for the next 125 years or more. In the event where the Operator terminates parts or all of its Services for any reason, there will be no full or partial refunds. Because a lifetime subscription is a simple one-off purchase, it cannot be cancelled.
The Operator may change pricing for Subscriptions at any time, in its sole discretion. You will get notified in advance of any such changes. Changes only apply for Subscription renewals and new Subscriptions.
The Operator may change its pricing or introduce new fees and charges associated with accessing and using the Services, such as for Purchases and Subscriptions, at any time and in its sole discretion.
If you are an active subscriber, any change in pricing associated with your Subscription will be communicated to you at least thirty days in advance, will not apply retroactively, and will become effective only for renewals of your Subscription.
Your auto-renewing Subscription may or may not get automatically cancelled for you in the event of a rise or change in fees, unless you manually accept the new pricing. The precise rules and circumstances under which auto-renewing Subscriptions may get cancelled automatically for you are regulated by Apple's applicable payment policy and are outside of the Operator’s control. In the event of an unacceptable change in Subscription pricing, please always verify that your Subscription has been cancelled for you, and if not, please do so manually. Likewise, if a Subscription has been cancelled automatically for you after a change in pricing, you are welcome to re-subscribe manually at your sole discretion.
Under the terms and conditions set out in this end user license agreement ("EULA"), as well as under the terms and conditions of these Terms of Service, the Operator grants you a revocable, limited, non-exclusive, non-transferable and non-sublicenseable license to download, stream, install and enjoy audio, music, sounds, images, graphics, text, information, works of authorship, software and features (collectively, "Content") provided through the Operator's Services for your non-commercial, personal and non-medical use only. The rights to use any Content are only licensed to you, and are not sold to you in any way.
Unless noted otherwise, the Services and Content exhibit intellectual property, proprietary material and copyrighted material of the Operator and/or its Licensors. All right, title and ownership in the Services and Content and all intellectual property rights in the Services and Content, such as copyright, design right, trade mark and other similar rights remain with the Operator or their respective owners, as applicable.
You may only use the Content or Services in accordance with these Terms of Service, this End User License Agreement and any other applicable Terms.
Commercial use of any kind is prohibited.
You may not extract any Content from the Services, and you acknowledge and agree that it is strictly prohibited to use the Content outside of the Services, and that doing so will do great harm to the Operator's underlying business and ability to maintain and expand the Services.
You may not copy, reproduce, transmit, modify, reverse-engineer, de-compile or disassemble the Services or Content in any way. You may not bypass territorial restrictions of any kind in any way, bypass intellectual property protection mechanisms of any kind in any way, and you may not create derivative works of any part of the Services, the Services as a whole or of any Content in any way.
You may not rent, lease, resell, loan or sell any parts of the Services or Content to anyone, for any purpose, including (but not limited to) the public. You may not play, stream or reproduce any Content or part of the Services for non-personal purposes of any kind, including (but not limited to) playing audio or Content for other people in environments such as massage shops, shopping malls, stores, marts, wellness & spa areas, hotels, clubs, bars, restaurants, coffee shops, schools, golf clubs, yachts, hospitals, doctor's offices, waiting areas, airports, airplanes, trains, busses, cruise liners, hair saloons, office buildings, gyms, car dealerships, parks, theme parks, theaters, arenas, zoos, museums, space ships, temples, trade fairs, corporate headquarters or on the streets. You may not upload any Content to printing services of any kind. You agree that the minimum default monthly licensing fee to play, stream or reproduce any Content for unauthorized purposes ("Unauthorized Use") is USD one thousand per five hundred potential listeners, viewers or spectators per month, irrespective of the amount those potential listeners, viewers or spectators have paid you or any of your partners violating these Terms of Service or terms of this End User License Agreement.
The use of Content in materials such as social media posts, blog posts, magazines, editorial, videos, radio and television is allowed and clearly not deemed Unauthorized Use as long as the intent is clearly promotional and clearly in favor of the Operator's Services or its partners, in such a way that viewers, listeners or spectators learn about the Operator's Services and where to find them.
You may not upload or distribute Content, such as (but not limited to) audio or video recordings of the Services in a manner that renders the Services or parts of the Services redundant to anyone. You may not upload or distribute Content in low quality or in a significantly altered or modified way. You may not upload or distribute any Content provided by the Services in a manner that enables relaxation or meditation. For example (but not limited to), you may not upload an audio clip or video featuring a continuous relaxation session duration of more than thirty seconds using any of the Contents provided by the Services. Doing so constitutes Unauthorized Use.
The Services may provide you with explicitly shareable Content (“Shareable Content”) of specific lengths potentially exceeding thirty seconds, at the Operator's sole discretion, and you are free to share such Shareable Content in the way intended and suggested by the Services or Operator, as long as the Services or Operator clearly mark a piece of Content as Shareable Content, for example by offering one or more sharing options such as posting to social media platforms, sending an email attachment or composing a message with attachment in a messaging app or service, and pre-composing a piece of Shareable Content, or by providing a link to Shareable Content already publicly and shared or uploaded by the Operator for your use in blog posts, media articles or your own website.
The Operator grants you a non-exclusive, limited license to download, reproduce, distribute and modify Shareable Content to the extent described above, provided that you are not in breach of these Terms. Your use or modification of Shareable Content does in no way result in a transfer of ownership of any kind from the Operator to you. In the event where a derivative work is created by you, you automatically grant the Operator a free, unlimited, worldwide license to use such derivative works, even if such derivative works were not allowed under these Terms in the first place.
Note: Obviously if everyone would be so "nice" to share a one hour loop of their favorite nature scene or mix, at the end of the day all of them would become available for free on popular video and audio streaming platforms. While the experience over there is less than optimal compared to how the Content is intended to be used within the Services, a lot of people would settle for mediocrity to avoid paying. By sharing Content with others who are not paying for it, you do great harm to the underlying economics of the Services, resulting in lower income to fund productions of new high-production-value Content, which ultimately also does great harm to yourself and all other subscribers to the Services. When I travel somewhere to record the most pristine nature audio, the airlines, hotels, car rental companies and guides charge enormous amounts of money. Please keep in mind that these Content productions are very expensive and would not be possible without everyones fair financial contribution.
You may absolutely never use or assist a third party in accessing and using any Content of the Services outside the Services, except for shareable Content as described above. In the event where you get caught for engaging in or assisting in piracy, you agree that the licensing fee is at least USD one million, or thirty percent of your own or the third party's product's revenues, if any, using the pirated Content, whichever is greater, for the duration you have used those Contents without prior permission from the Operator in writing, signed by the Operator, and for a minimum duration of one year to be paid retroactively, should the Operator choose to offer you that option. The retroactively payable licensing fee shall rise by ten percent for every thirty days of delay in payment of the full sum.
If you wish to utilize the Services or Content for Unauthorized Use as described above, you must first obtain authorization from the Operator in writing, and signed by the Operator. A simple confirmation email is not deemed sufficient.
You may not in any way engage in activity that associates the Operator, Services or the Content with illegal, immoral, obscene, racist, brutal, violent or unlawful publications, shows, organizations, groups or things, or activity that damages the Operator's reputation or takes advantage of it, or wrongfully suggests approval, endorsement or association by or with the Operator.
The violation of these Terms, including (but not limited to) Unauthorized Use, automatically and immediately terminates your right to use the Services and Content, and you may become legally liable to the Operator and, to the extent permitted by applicable law, also to its Licensors.
The Operator and/or its Licensors reserve the right to take legal action in the event of Unauthorized Use. The Operator’s Licensors may enforce their rights directly against you, without prejudice to any other rights and remedies available to them, if their intellectual property, proprietary material or copyrighted material has been involved in your Unauthorized Use.
The Operator welcomes your submission of ideas and feedback under the conditions set forth in this Idea and Feedback Submission Policy.
By submitting any idea or feedback to the Operator, such as (but not limited to) ideas for new features, ideas for new products, ideas for new Services and Content, ideas of any kind, concepts, improvements of the Services or Content, new technologies, product enhancements, processes, materials, marketing plans, marketing strategies, names of any kind, suggestions of any kind or any kind, inventions of any kind or proprietary information of any kind (collectively "Idea Submissions"), you agree to grant the Operator a royalty free, non-exclusive, perpetual, sublicenseable, irrevocable and worldwide blanket license to commercially use and exploit your Idea Submissions in any way, for any purpose, without the need for the Operator to pay you or obtain a permission, and without the need to provide any kind of attribution in your favor. You agree that the Operator may create derivative works of your Idea Submissions, exploit, distribute and/or sell it without providing any kind of compensation to you, and that your Idea Submissions will not be treated as confidential.
If you provide the Operator with Idea Submissions, then regardless of what your letter says, the terms of this Idea and Feedback Submission Policy shall apply to your Idea Submissions.
Note: There is no question that ideas may have economic value, however ideas are also problematic. Obviously I'm not suffering from a lack of ideas myself, but from a lack of resources to execute on my ideas. The most obvious issue with Idea Submissions is that there may be a collision between your Idea Submissions and the ideas I already had on the table myself. It is easy to come up with truckloads of "great ideas" for products and businesses, but as long as nobody executes on those ideas, they are worth precisely nothing. The amount of effort and investment that goes into executing on an idea is notoriously underestimated, and especially underestimated by those people who never actually executed on any of their fantastic ideas. Therefore I am happy to accept any Idea Submissions, as long as I do not have to pay for them in any way, regardless of how brilliant they might seem, and as long as they cause me no headaches in any way. If you do not like that, please do not provide me with any Idea Submissions.
Your use of the Services and Content are at your own risk. To the extent permitted by applicable law, the Services and Content are provided "as is", without representations or warranties of any kind. Without limiting the foregoing, the Operator, its partners and Licensors explicitly disclaim any representations or warranties of merchantability, fitness for any particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
The Operator makes no representations or warranties of any kind that the Services and Content will meet your requirements or that the Services and Content will be available in an uninterrupted, secure or error-free manner.
The Operator makes no express or implied representations or warranties of any kind, about the accuracy, reliability, suitability, availability or completeness of any information contained within the Services, Content or provided by the Operator. Any reliance you place on any information provided by the Services, Content or Operator is strictly at your own risk. Therefore, do not rely on it in any way.
The Operator warrants that the Services and Content meet satisfactory quality standards on delivery, and that the Operator will apply reasonable skill and effort to maintain the Services. However, the Operator may decide to discontinue parts of the Services or the Services in their entirety on its sole discretion, for any reason, without prior notice.
The Operator makes no binding guarantees that planned future features and content arrive within any specific Subscription period. The Operator may openly present plans for the future, and those plans shall not be seen as binding in any way, or part of any Purchase or Subscription in any way.
Regardless of these Terms and only to the minimum extend required by applicable law, the Operator remains liable for fraud, death or personal injury caused by gross negligence.
The Operator reserves the right to terminate your access to and use the Services and Content, at the Operator's sole discretion, at any time and without notice to you.
You may cancel your Subscription at any time by navigating to your iTunes & App Store account settings page on your iOS device. Please understand that the Operator has no access to your iTunes or App Store account and cannot cancel subscriptions for you.
Upon any termination, discontinuation, or cancellation of the Services, all provisions of these Terms which should survive by their nature will survive, including, but not limited to, the following: All ownership provisions, all warranty disclaimers, all limitations of liability, all provisions regarding ideas and feedback submission, all provisions regarding indemnity, all provisions regarding refunds, general terms, and all provisions regarding dispute resolution.
The Operator does not waive any right or provision of these Terms by delaying or failing to enforce or exercise any right or provision of these Terms. To effectively waive any right or provision under these Terms, the Operator must communicate this to you in writing, and signed by an authorized representative. The Operator may not waive any rights or provisions via email.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The Operator may freely transfer or assign some or all of its rights and obligations under these Terms without restriction to anyone, to any group, to any company or to any firm at the Operator’s sole discretion. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Operator’s prior written and signed consent. Any attempt by you to assign or transfer these Terms without such consent will be ineffective.
As long as allowed under applicable law, these Terms and any action related thereto will be governed by the applicable laws of Germany, or the state and federal courts located in the Northern District of California without regard to its conflict of laws provisions, to the Operator's sole discretion.
In the event where applicable law requires the definition of only one jurisdication and venue, these Terms and any action related thereto will be governed by the applicable laws of Germany.
Regarding the Services and Content, these Terms constitute the entire and exclusive understanding and agreement between you and the Operator.
These Terms supersede and replace any and all prior oral or written understandings or agreements between you and the Operator regarding the Services and Content.
In the event where any provision, clause or part of these terms is found to be invalid or unenforceable, then that provision, clause or part will be enforced to the maximum extent possible under applicable law. However, if the affected provision, clause or part of these Terms can no longer satisfy their original intent due to limited enforceability, the affected provision, clause or part shall be replaced by a valid and enforceable provision, clause or part that is as close to the original affected provision, clause or part as possible under applicable law.
In the event where such a replacement is not possible under applicable law, the affected provision, clause or part shall be severed from these Terms so they do not affect the enforceability and validity of the rest of these Terms, and the remaining provisions, clauses and parts of these Terms shall remain in full force and effect.
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Last Updated: July 31, 2017