User Agreement

MiniShorts ToS 20231215
Last update: Dec. 2023

THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE APP.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR JURISDICTION OF RESIDENCE (AT THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, HOW YOU CONSENT TO THESE TERMS, YOUR CONSUMER RIGHTS (INCLUDING YOUR CANCELLATION RIGHT, IF APPLICABLE), OUR RIGHTS TO TERMINATE YOUR ACCOUNT, YOUR RIGHT TO RECEIVE REFUNDS IN CERTAIN CASES, OUR WARRANTIES AND LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS. THERE ARE CURRENTLY JURISDICTION-SPECIFIC TERMS FOR THE EUROPEAN UNION IN GENERAL AS WELL AS GERMANY, THE UK, AUSTRALIA, CANADA, NEW ZEALAND, US AND JAPAN.

ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN A MUTUAL AGREEMENT TO ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION AGREEMENT, YOU AND MiniShorts AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU AND MiniShorts WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Your Relationship with Us
Welcome to MiniShorts (the "App"), which is provided by [1 PHENG GECK AVENUE #19 - 22] (“MiniShorts” "we" or "us").
You are reading the terms of service (the "Terms"), which govern the relationship and serve as a legally binding agreement between you and us and set forth the terms and conditions by which you may access and use the App, the features and functions thereof and our related products and content (collectively, the "Services"). Any reference to the "Services" includes a reference to any part of the Services. For purposes of these Terms, "you" and "your" means you as the user of the Services. Our Services are provided to you only for private, non-commercial use.

2.Age and Accepting the Terms
Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users [17] years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By accessing or using our Services, you confirm that you are over [17] and can form a binding contract with MiniShorts, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
If you are over [17] but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the App for such user.
If you are the parent or legal guardian of a minor, you further agree, acknowledge, and undertake to us that:
- you must carefully supervise that minor's access and/or use of our Services;
- it is your responsibility to determine whether any part of our Services is appropriate and/or safe for that minor; and
- YOU MUST PAY IN FULL ALL SUMS DUE ARISING FROM THE ACTIVITIES OF THAT MINOR IN CONNECTION WITH OUR Services, INCLUDING WITHOUT LIMITATION ANY TRANSACTIONS MADE ON OR THROUGH OUR Services BY THAT MINOR ASSOCIATED WITH YOUR ACCESS CREDENTIALS, EVEN IF THE MINOR DID SO WITHOUT YOUR KNOWLEDGE AND/OR CONSENT.
You should print off or save a local copy of the Terms for your records.

3.Supplemental Terms for Specific Jurisdictions
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are applicable to you, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control.

4.Changes to the Terms
We amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or to reflect changes in law. We will notify all users of any changes to these Terms, such as through a notice in our App. However, you should also look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

5.Your Account with Us
You can use parts of the Services, such as browsing and searching for Certain Content, without having a Facebook, Google or Apple (solely applied to ios system) account (the “Account”). However, you do need an Account to use some features. With an Account, you may be able to like videos, subscribe to web series, and more.
It is important that you keep your Account password confidential and that you do not disclose it to any third party. It is your obligation to abide by the agreements and rules that should be followed when registering and using the Account on the corresponding platform. If there are other problems arising from the Account that are not related to the App, including but not limited to account theft, you shall contact the corresponding platform to resolve. You are solely responsible (to us and to any others) for the activity culpably caused by you that occurs under your Account or otherwise in a manner associated with your Account credentials, except if such activity is due to our failure to ensure our Services’ security.
We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your Account’s access to the Services also entails the termination of the license to use the App, or any part thereof.

6.Limited License
As between you and MiniShorts, MiniShorts owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition and "look and feel" of the Services, and all intellectual property rights related thereto (the "MiniShorts Content").
You acknowledge that your use of the MiniShorts Content for any purpose not expressly permitted by these Terms is strictly prohibited. MiniShorts Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including MiniShorts Content). You shall only use the Services as may be expressly provided in the Terms or to the extent permitted by law or (if applicable) relevant open source licenses. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download the App on a permitted device, and to access the MiniShorts Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. MiniShorts reserves all rights not expressly granted herein in the Services (including MiniShorts Content). You acknowledge and agree that MiniShorts may terminate this license at any time for convenience subject to applicable law.

7.Equipment Requirement
To use the Services, you may need certain hardware, accessories, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.

8.Updates, Interruption and Termination of the App
From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the App for free or for a fee. We may require you to download and install the updates or the updated version of the App to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You also agree that we may use background patching to automatically update our App and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to obtain complete experience from the App. In such case, you are responsible for any necessary equipment to continue to access the Services.
You acknowledge that the App or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will not be interrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the App may be unavailable depending on geographic location.
To the maximum extent permitted by applicable law, we reserve the right to discontinue the App at any time in our sole discretion, for any reason, or for no reason, with or without notice.

9.Code of Conduct
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
- access or use the Services if you are not fully able and legally competent to agree to these Terms;
- except as expressly permitted by these Terms or applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
- distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
- use the Services, without our express written consent, for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
- incorporate the Services or any portion thereof into any other program or product;
- use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another’s account, App or system without authorization from MiniShorts;
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
- use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the App or to gain an unfair advantage in interactive play;
- use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- material that restricts or inhibits any other person from using the Services, or which may expose MiniShorts, the Services or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the App, MiniShorts Content and Virtual Items, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.

10.Indemnity
You agree to, at your sole cost, defend, indemnify, and hold harmless MiniShorts, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your Feedback infringes any third party intellectual property rights; (iii) your access to or use of, activities in connection with, or the actual or threatened termination of your access to the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, "Claimsand Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party.

11.EXCLUSION OF WARRANTIES
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CAN NOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR APP FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
YOUR USE OF THE APP MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY (I) WE CAN NOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND (II) DATA, MESSAGES, INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.

12.LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO MiniShorts WITHIN THE LAST 12 MONTHS.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
- OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR PERSONAL AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR APP, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR APP PROVIDER BEFORE USING THE APP.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

13.Privacy Policy
You also acknowledge and agree to our Privacy Policy, which also applies to your use of our Services. For information on how we may use your personal data when you use the Services, please refer to our Privacy Policy (https://api.snap-shorts.com/privacy_policy). Our Privacy Policy can be found directly on the Services, or where the App is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.

14.Other Terms
- Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of Hong Kong. Any dispute arising out of or relating to these Terms or prior versions thereof, including any question regarding existence, breach, interpretation, validity, enforcement, or termination of these Terms; the Services; the App; MiniShorts Content; your relationship with us; the threatened or actual termination of your access to the Services or App payments made to you or payments made or allegedly owed to you; or any other claims (collectively, "Covered Matters") shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.
- Class Action Waiver. Subject to the Supplemental Terms –Jurisdiction-Specific, any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.
- Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and MiniShorts and govern your use of the Services and completely replace any prior agreements between you and MiniShorts in relation to the Services.
- No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
- Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and App to access our Services. You should use your own virus protection software.
- Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
- Any Questions? Get in touch at [noventureofficial@gmail.com] or by submitting feedback on the “Feedback” page within the App.

SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC
European Union and also the UK
1.Age and Accepting the Terms
By clicking on the "Install" button on the product description page of the respective app store (caption may vary depending on the app store) and, if applicable, entering your password or other credentials for the respective app store, you make a binding offer to conclude a contract for the use of the App, including the granting of rights of use in accordance with these Terms. We accept your offer when the download of the App starts; further details may be governed by the terms and conditions of the respective app store.
If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must consent to your acceptance of these Terms. If we learn that someone under the relevant age is using the Services, we will terminate access to the App for such user.
2.Privacy Policy
For information on how we use your personal data when you use the Services, please refer to our Privacy Policy ([https://api.snap-shorts.com/privacy_policy]). Privacy Policy can be found directly on the welcome/“About” page of the App, or where the App is made available for download, on your mobile device’s applicable app store.
Germany
The following terms apply in addition to the European Union terms above.
1. Changes of Terms
In deviation from Sec. 4 of the Terms of App, the following applies:
We may amend the Terms in accordance with this paragraph to the extent that this is done (i) to implement changes in legal requirements or case law, (ii) to implement changes in technical requirements, (iii) to maintain the operation of the Services, (iv) to adapt to changing market conditions, and (v) for the benefit of the user. An adjustment will only be made to the extent that it does not shift the contractual balance between us to your detriment. We will inform you of an adjustment at least six weeks in advance by means of a message within the App. You may object to the adjustment. If you do not object within six weeks after receipt of the notification of the adjustment, you are deemed to have consented to the change. In our notification of the adaptation, we will also inform you separately about the six-week period and the legal consequences of your silence.
2. Indemnity
In deviation from Sec. 10 of the Terms of App, your obligation to indemnify applies only in the event of your culpable (negligent or intentional) breach of the Terms of App.
3. Warranty
In deviation from Sec. 11 of the Terms of App, the following applies:
To the extent we provide any App free of charge, we do not assume any warranty except where we have maliciously concealed a defect.
To the extent we provide a App against a charge, our statutory warranty obligations remain unaffected, except that we are liable for damages only pursuant to Sec. 7 of the jurisdiction-specific terms for Germany.
4. Limitation of Liability
In deviation from Sec. 12 of the Terms of App, the following applies:
To the extent we provide any App free of charge, we are liable pursuant to applicable law only for intent and gross negligence.
To the extent we provide any App against a charge, our liability is limited as follows
a) Our statutory liability is unlimited for intent, gross negligence, injury to life, body or health, violation of a guarantee (which must be expressly designated as such), and under the German Product Liability Act.
b) Except for the cases described in subsection a), we are only be liable for slight negligence in case of breach of an essential obligation. Essential obligations are those obligations that must be performed in order to achieve the purpose of the contract and on the performance of which you may therefore generally rely.
c) In the cases set forth in subsection b), we are only be liable for typical and foreseeable damages.
d) Otherwise, we are not be liable for slight negligence.
e) You must back up your data regularly. To the extent that we are liable for a loss of data pursuant to this Sec.12, such liability is limited to the restoration effort which would have been required if you had regularly made backup copies in accordance with the importance of the affected data.
f) The above limitations of liability shall apply accordingly in favor of our affiliates and our and their shareholders, legal representatives, employees, vicarious agents and assistants.
5. Applicable Law and Jurisdiction; Dispute Resolution
Our agreement is governed by German law, excluding the CISG. The court at your place of residence has jurisdiction for any dispute arising out of or in connection with our agreement. You may also bring a lawsuit against us in any other competent court (e.g. at our seat).
The European Commission provides an online dispute resolution platform, which you can reach at http://ec.europa.eu/odr. We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.
6. Miscellaneous
The language available to enter into this Agreement is English. We do not store a copy of our agreement for you to access, so we recommend you download or print the Terms for future reference.
United Kingdom
The following terms apply in addition to the European Union terms above.
1. Indemnity
Section 10 (indemnity) does not apply to you.
2. Exclusion of warranties.
Section 11 (exclusion of warranties) is modified to state:
NOTHING IN THESE TERMS SHALL AFFECT ANY LEGAL RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER.
THE Services ARE PROVIDED "AS IS" AND WE DO NOT MAKE PROMISES WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT PROMISE THAT:
- YOUR USE OF THE Services WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE Services WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE Services WILL BE ACCURATE OR RELIABLE; OR
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE Services WILL BE CORRECTED.
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
3. Limitation of Liability
Section 12 (limitation on liability) is modified to state:
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, YOU AGREE THAT YOU WILL NOT USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
- OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR APP, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR APP PROVIDER BEFORE USING THE APP.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
4. Other Terms. Applicable Law and Jurisdiction
Section 14 (Other Terms. Applicable Law and Jurisdiction) is modified to state:
These Terms, their subject matter and their formation, are governed by English law.
However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.