Version of 15-March-2020
The aboutuz Mobile Application (the
“App”) offers a private space for secure and confidential storage and exchange
of personal information. Its intention is twofold:
For details concerning the conceptional and
technical security of the App, please see our website www.aboutuz.com.
Please read these Terms & Conditions carefully as you
agree to be bound to them by accessing or using our services offered through
our App & website. If you do not agree to these Terms & Conditions,
please do not access our Service.
Terms and Conditions
These terms and conditions (“T&C”),
are an agreement (“Agreement”) between the App Developer aboutuz
GmbH (“aboutuz“, “us”, “we” or
“our”) and you (“User”, “you” or
“your”). This Agreement sets forth the general T&C of your use of
the aboutuz App including all its products and/or services
(collectively, “App” or “Services”).
You must have the age required in your
country to be authorized to use our App without parental approval. If you are
not old enough to have authority to agree to our T&C in your country, your
parent or guardian must agree to our T&C on your behalf. By using the App and
by agreeing to These T&C you warrant and represent that you have the
If you register for our Services, you
- provide your active email address,
and, if you change it, update this address using our menu;
- receive email messages (from us or
our third-party providers) with links to register for our Services;
- provide us the email addresses of
aboutuz users and your other contacts in your email address book
regularly and you confirm that you are authorized to provide us such addresses
to allow us to provide our Services.
- be responsible for maintaining the
security of your account and to be fully responsible for all activities that
occur under the account and any other actions taken in connection with it;
- provide certain devices, software,
and data connections to use our Services, which we do not supply.
- download and install updates to
our Services, including automatically;
- the actual version of the aboutuz
Data Security Policy:
we use and share this information. You agree to collection, use, processing,
transfer and processing of your information to other countries where we have or
use facilities, service providers, or partners, regardless of where you use our
Services. You acknowledge that the laws, regulations, and standards of the
country in which your information is stored or processed may be different from
those of your own country.
- keep your device and your aboutuz
account safe & secure, and to notify us timely of any unauthorized use
or security breach of your account or our Services;
We may, but have no obligation to,
monitor and review new accounts before you may sign in and use our App.
Providing false contact information of
any kind may result in the termination of your account. You must immediately
notify us of any unauthorized uses of your account or any other breaches of
security. We will not be liable for any acts or omissions by you, including any
damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete
your account (or any part thereof) if we determine that you have violated any
provision of this Agreement or that your conduct or content would tend to
damage our reputation and goodwill. If we delete your account for the foregoing
reasons, you may not re-register for our Services. We may block your email
address and Internet protocol address to prevent further registration.
We do not own any data, information or
material (“Content”) that you store and submit in the App. You shall
have sole responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership or right to
use of all submitted Content.
We may, but have no obligation to,
monitor and review Content that your created and submitted to the App. Unless
specifically permitted by you, your use of the App does not grant us the
license to use, reproduce, adapt, modify, publish or distribute the Content
created by you or stored in your user account for commercial, marketing or any
similar purpose. But you grant us permission to access, copy, distribute,
store, transmit, reformat, display and perform the Content of your user account
solely as required for the purpose of providing the Services to you. Without
limiting any of those representations or warranties, we have the right, though
not the obligation, to – in our own sole discretion – refuse or remove any
Content that, in our reasonable opinion, violates any of our policies or is in
any way harmful or objectionable.
Harm to aboutuz
or our users
If you register for our Services, you
agree to not
- access, use, copy, adapt, modify,
prepare derivative works based upon, distribute, license, sublicense, transfer,
display, perform, or otherwise exploit our App and Services in impermissible or unauthorized
manners, or in ways that burden, impair, or harm us, our Services, systems, our
users, or others directly or through automated means – and that you will not or
assist others to so;
- reverse engineer, alter, modify,
create derivative works from, decompile, or extract code from our Services;
- send, store, or transmit viruses
or other harmful computer code through or onto our Services;
- gain or attempt to gain
unauthorized access to our Services or systems;
- interfere with or disrupt the
integrity or performance of our Services;
- create accounts for our Services
through unauthorized or automated means;
- collect the information of or
about our users in any impermissible or unauthorized manner;
- sell, resell, rent, or charge for
our Services; or
- distribute or make our Services
available over a network where they could be used by multiple devices at the
We perform regular backups of the
Content and will do our best to ensure completeness and accuracy of these
backups. In the event of a hardware failure or data loss we will restore
backups automatically to minimize the impact and downtime.
Links to other
Although this App may link to third-party
mobile applications, we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked mobile
application, unless specifically stated herein. Some of the links in the App may
be “affiliate links”. This means if you click on the link and
purchase an item, aboutuz will receive an affiliate commission.
We are not responsible for examining
or evaluating, and we do not warrant the offerings of any businesses or
individuals or the content of third-party mobile applications. We do not assume
any responsibility or liability for the actions, products, services, and
content of any 3rd-parties. You should carefully review the legal
statements and other conditions of use of any other mobile application that you
access through a link from this App. Your linking to any other off-site mobile
applications is at your own risk.
Please note that when you use
third-party services, their own terms and privacy policies will govern your use
of those services.
In addition to other T&C as set
forth in the Agreement, you are prohibited from using the App or its Content:
- for any unlawful
- to solicit other
users to perform or participate in any unlawful acts;
- to violate any
international, federal, provincial or state regulations, rules, laws, or local
- to infringe upon
or violate our intellectual property rights or the intellectual property rights
- to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
- to submit false
or misleading information;
- to upload or
transmit viruses or any other type of malicious code that will or may be used
in any way that will affect the functionality or operation of the Service or of
any related mobile application, other mobile applications, or the Internet;
- to collect or
track the personal information of others;
- to spam, phish,
pharm, pretext, spider, crawl, or scrape;
- for any obscene
or immoral purpose; or
- to interfere with
or circumvent the security features of the Service or any related mobile
application, other mobile applications, or the Internet.
We reserve the right to terminate your
use of the Service or any related app for violating any of the prohibited uses.
a Premium Version of the App. The Premium Version with its enhanced Services
entails the advance payment an annual subscription fee.
If you subscribe
to the Premium version of the App (the “Premium
Version”), you authorize aboutuz and our designated payment providers to
store your payment card information and other related information required to
process your payment.
With your subscription
you also agree to pay the applicable subscription fees (the “Fees”)
as set forth on the Services as soon as they become due and to cover all
collection costs and interest for any overdue amounts. All of our fees and
charges are nonrefundable and there are no refunds or credits for any partially
used subscription periods except (i) as expressly set forth in this Agreement,
(ii) as otherwise required by applicable law. The Fees for the Premium Version shall be paid in advance when you
initially purchase the Premium Version. All our prices for Premium Version are
subject to change without notice.
- Payment Method: aboutuz
offers its subscribers various payment methods, which include, without any
limitation payment via app stores, by credit card, by debit card, by direct
debit or by certain mobile payment methods. The charges for the Premium Version
will be debited from the payment method you have selected for the purchase and
you agree to make payment to aboutuz using that Payment Method.
- Automatic Renewal:
subscription for the Premium Version will automatically be extended if you do
not cancel your subscription. Unless otherwise indicated, such renewal will be
at the same subscription fee as initially purchased. Any notification for a
price increase shall happen at least 10 days prior to the end of your current
term. You acknowledge and agree to the terms set in this paragraph around
- Cancellation: The subscription
can be canceled at any time. After a cancellation, your subscription ends at
the end of the current paid subscription period.
Cancellation will take eﬀect at 0:00 am on the
working day following expiration of your current subscription period – at this
time, your aboutuz account will be blocked for you and all aboutuz
users. Two weeks (14 working days) later, your aboutuz account will be deleted
and not be recoverable.
This Agreement does not transfer to
you any intellectual property owned by aboutuz or 3rd-parties,
and all rights, titles, and interests in and to such property will remain
solely with aboutuz. All trademarks, service marks, graphics and logos
used in connection with our App or Services, are trademarks or registered
trademarks of aboutuz. Other trademarks, service marks, graphics and
logos used in connection with our App or Services may be the trademarks of
other 3rd-parties. Your use of our App and Services grants you no
right or license to reproduce or otherwise use any aboutuz or third-party
We may terminate your aboutuz account if you
repeatedly infringe our intellectual property rights or the intellectual
property rights of others.
Availability of our
Our Services may
be interrupted, including for maintenance, repairs, upgrades, or network or equipment
failures. We may discontinue some or all our Services, including certain
features and the support for certain devices and platforms, at any time. Events
beyond our control may affect our Services, such as events in nature and other
force majeure events.
We may modify, suspend, or terminate your access to or use of our Services
anytime for any reason, such as if you violate the letter or spirit of our T&C
or create harm, risk, or possible legal exposure for us, our users, or others.
To the fullest extent permitted by
applicable law, in no event will aboutuz, its affiliates, officers,
directors, employees, agents, or suppliers be liable to any person for any
indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales,
goodwill, use of content, impact on business, business interruption, loss of
anticipated savings, loss of business opportunity) however caused, under any
theory of liability, including, without limitation, contract, tort, warranty,
breach of statutory duty, negligence or otherwise, even if aboutuz has
been advised as to the possibility of such damages or could have foreseen such
To the maximum extent permitted by
applicable law, the aggregate liability of aboutuz, its affiliates,
officers, employees, agents, or suppliers, relating to the Services will be
limited to the amount actually paid in cash by you to aboutuz for the
one month period prior to the first event or occurrence giving rise to such
liability. The limitations and exclusions also apply if this remedy does not
fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold aboutuz
and its affiliates, directors, officers, employees, and agents harmless from
and against any liabilities, losses, damages or costs, including reasonable
attorneys’ fees, incurred in connection with or arising from any third-party allegations,
claims, actions, disputes, or demands asserted against any of them as a result
of or relating to your Content, your use of the App or any willful misconduct
on your part.
All rights and restrictions contained
in this Agreement may be exercised and shall be applicable and binding only to
the extent that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable.
If any provision or portion of any
provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention of the
parties that the remaining provisions or portions thereof shall constitute
their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and
performance of this Agreement and any disputes arising out of it shall be
governed by the substantive and procedural laws of Germany without regard to
its rules on conflicts or choice of law and, to the extent applicable, the laws
of Germany. The exclusive jurisdiction and venue for actions related to the
subject matter hereof shall be the courts located in Germany, and you hereby
submit to the personal jurisdiction of such courts. You hereby waive any right
to a jury trial in any proceeding arising out of or related to this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.
- We reserve the right to modify this Agreement or its
policies relating to the App or Services at any time, effective upon posting of
an updated version of this Agreement in the Mobile Application. When we do, we
will post a notification in our Mobile Application. Please review our Terms from time to time. Continued use of the App after any such changes shall
constitute your consent to such changes.
- Unless a mutually
executed agreement between you and us states otherwise, these T&C make up
the entire agreement between you and us regarding aboutuz and our Services
and supersede any prior agreements.
- Our Services are
not intended for distribution to or use in any country where such distribution
or use would violate local law or would subject us to any regulations in
another country. We reserve the right to limit our Services in any country.
- Any amendment to
or waiver of our T&C requires our express consent.
- All of our rights
and obligations under our T&C are freely assignable by us to any of our
affiliates or in connection with a merger, acquisition, restructuring, or sale
of assets, or by operation of law or otherwise, and we may transfer your
information to any of our affiliates, successor entities, or new owner.
- You will not
transfer any of your rights or obligations under our T&C to anyone else
without our prior written consent.
- Nothing in our T&C
will prevent us from complying with the law.
- Except as
contemplated herein, our T&C do not give any third-party beneficiary
- If we fail to
enforce any of our T&C, it will not be considered a waiver.
You use our
services at your own risk and subject to the following disclaimers.
We are providing
our services on an “as is” basis without any express or implied warranties,
including, but not limited to, warranties of merchantability, fitness for a
particular purpose, title, non-infringement, and freedom from computer virus or
other harmful code.
We do not warrant
that any information provided by us is accurate, complete, or useful, that our
services will be operational, error free, secure, or safe, or that our services
will function without disruptions, delays, or imperfections.
We do not
control, and are not responsible for, controlling how or when our users use our
services or the features, services, and interfaces our services provide.
We are not
responsible for and are not obligated to control the actions or Content of our
users or third parties. You release us, our subsidiaries, affiliates, and our
and their directors, officers, employees, partners, and agents (together, the
“aboutuz parties”) from any claim, complaint, cause of action, controversy, or
dispute and damages, known and unknown, relating to, arising out of, or in any
way connected with any such Claim you have against any third parties.
You waive any
rights you may have under applicable statute or law of any jurisdiction, which
says that: a general release does not extend to claims which the creditor does
not know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his or her
settlement with the debtor.
You acknowledge that you have read
this Agreement and agree to all its T&C. By using the App or its Services
you agree to be bound by this Agreement. If you do not agree to abide by the
T&C of this Agreement, you are not authorized to use or access the App and
If you would like to contact us to
understand more about this Agreement or wish to contact us concerning any
matter relating to it, you may send an email to firstname.lastname@example.org.