App terms of use

1. Scope and contracting parties

These terms of use govern the use of the Both mobile app between Joel Köster, Themeln 1, 27639 Wurster Nordseeküste, Germany (the "operator") and you as the user.

They apply in addition to the website terms. Where the two differ in relation to the app, these app terms take precedence.

App stores are not party to this contract. Their own terms apply to the download itself and are unaffected by these terms.

2. Beta status of the app

The app is in a closed test phase. It is provided in its current state and may contain errors, be temporarily unavailable, or change or lose features at any time.

Participation gives rise to no claim to availability, to a particular set of features, or to the preservation of data created during the test phase. Do not use the app as the sole storage location for data you cannot afford to lose.

3. Account and access data

Using the app requires an account. The details given on registration must be accurate, and you must keep your access data secret.

The account is personal. It may not be passed on, shared or sold. If there are indications that a third party has gained access, notify the operator immediately at support@getboth.app.

You must be at least 16 years old to use the app. If your national law sets a higher age limit for consent to data processing, that limit applies.

4. Costs

Taking part in the beta is free of charge. No payment details are required and no subscription runs in the background.

5. Rules of use

When using the app you undertake not to:

• use it for unlawful purposes or to infringe the rights of others
• upload content that is unlawful, insulting, threatening or infringes the rights of third parties
• circumvent, disable or reverse-engineer technical protection measures
• read out, automate or overload the app or its interfaces with scripts, bots or scrapers
• impersonate other people or use accounts that do not belong to you
• publish non-public information about the beta without agreement

6. Your content

Content you create in the app remains yours. You grant the operator the simple, revocable right to store, reproduce and display it to the extent needed to run the app.

You are responsible for having the necessary rights to the content you upload.

7. Rights to the app

The app, its source code, design and trade marks belong to the operator. You receive a simple, non-transferable right to use the app on your own devices for the duration of the contract.

8. Availability and changes

The operator may change, extend or discontinue features, in particular during the beta. Material restrictions will be announced in an appropriate manner.

Maintenance work, technical faults and outages at third parties may lead to temporary unavailability.

9. Term, deletion and blocking

The contract runs for an indefinite period. You may delete your account at any time on the "Delete account" page of the website; deletion takes effect once confirmed by email and is permanent.

The operator may block or delete accounts that materially breach these terms. In serious cases this may happen without prior warning.

On deletion, your content in the app is removed.

10. Liability

The operator is liable without limitation for intent and gross negligence, as well as for injury to life, body or health, and under the Product Liability Act.

In cases of slight negligence, liability applies only for the breach of an essential contractual obligation - an obligation whose fulfilment makes proper performance of the contract possible in the first place - and is limited to the foreseeable damage typical of this type of contract.

Because the app is provided free of charge during the beta, liability for loss of data is further limited to the effort of restoring data from a backup you maintain properly.

11. Changes to these terms

The operator may amend these terms with effect for the future. Users will be informed of material changes at least 30 days before they take effect, by email or in the app. If you do not object before the changes take effect, they are deemed accepted; the notice will point this out.

12. Governing law and jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The statutory places of jurisdiction apply.

For consumers, the mandatory protective provisions of the state in which they habitually reside remain unaffected.

13. Contact

For questions about these terms and for any help with the app: support@getboth.app