End User License Agreement for Glydsphere Mobile Applications
End User Licence Agreement for Glydsphere Applications
The following terms and conditions set out in this End User Licence Agreement (the "Agreement" or "EULA") shall govern your use of one or more Glydsphere applications ("application" or "app"). You may only use the apps if you agree to these terms and conditions.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING AND USING ONE OF OUR APPLICATIONS.
By clicking, selecting or confirming the "I agree" or "I accept” button or box or similar that appears on your Apple iOS or another device or product of the Apple brand or on your device that can access Google Play (each of the foregoing shall be referred to as an "Apple device" or a "Google device"; hereinafter collectively "devices" or individually "device"), or by using an application, YOU ARE DEEMED TO ACCEPT THIS AGREEMENT AND
YOU AGREE to be bound by this Agreement. This agreement shall be binding in the same way as a written agreement.
If you do not agree, please do not click on the "I agree" or "I accept" button or box or similar and do not use the application.
By installing and using an application, you declare that you have read and understood this agreement and that you accept its content and agree to be bound by this Agreement.
Further terms and conditions in connection with the use of applications as part of participation in other services are contained in the << Terms of Service >>.
1. Applications; fees
Space Gravity GmbH ("Space Gravity", "we", "us" or "our") makes the applications available to you under the terms of this Agreement. In this Agreement, we use the term "you" or "your" to refer to you as an individual. We endeavour to enable the continuous use of the app within the framework of what is possible in technical and organisational terms. The usability of the app or its individual functions may be restricted or completely suspended due to maintenance work, malfunctions caused by the Internet or due to force majeure. We shall also be entitled to change and expand the functionality of the app at any time, and to discontinue it either temporarily or permanently. No entitlement shall exist in respect of the use of individual or all of the functions of the app, in particular, there shall be no entitlement to permanent availability.
As described on our website, some of our applications can be obtained free of charge, while some can only be obtained for a fee. The respective fees may be charged during the download of the relevant applications or at another economically reasonable time, and are a prerequisite for access to and the use of some of our applications.
2. User information; rules of use; amendments to this Agreement; operation of a vehicle
The current version of these terms and conditions can be accessed via the menu of the app. To do this, you must tap on the header area of the home screen to view it and then navigate to Legal, where the Terms and Conditions of Use are stored. We reserve the right to adjust these Terms and Conditions as necessary. We will notify you of any changes to the Terms and Conditions and provide you with the updated version. You may object to the change in the Terms and Conditions within a period of 14 days by sending an email to email@example.com. Should you object, you will no longer be able to use the app. In this case, we ask you to uninstall the app. If you do not object, the changes will automatically take effect after expiry of the 14-day period.
The app is provided in the English language only.
The app informs you about fault messages and warnings with push notifications. You will only receive push notifications if you activate this function during the installation. The push notifications can be deactivated and reactivated at any time in the settings of your operating system.
The use of our applications on devices is subject to certain applicable policies, conditions, requirements and third-party rules of use, including, but not limited to, those set out in or applicable to the Apple Media Services Terms and Conditions and the Google Play Terms and Conditions or otherwise required by Apple and Google (together the "rules of use"), which you are deemed to acknowledge as binding for you to the extent to which the aforementioned rules of use are applicable. Your use of the applications must be in strict compliance with all applicable laws, rules and regulations.
You acknowledge and agree that we shall have no responsibility or liability in our relationship with you or anyone else if you breach or fail to comply with the following:
You acknowledge and agree that it is your duty to drive and otherwise operate your motor vehicle or any other type of vehicle safely and carefully, taking into account all road and traffic-related requirements and in compliance with all applicable traffic and driving laws and
in addition, while driving or otherwise operating a motor vehicle or any other type of vehicle, you acknowledge and agree that you will not enter or give commands, either verbal or non-verbal, in the application or device on which it is installed, or interact with those in a manner that is unsafe in traffic or that violates applicable traffic or highway laws or regulations.
3. Intellectual property
This Agreement grants you usage rights (as defined below) in the form of a licence, but does not transfer ownership of these or any other rights. The application and all of our content (as defined below) and all services provided via the application are protected by copyright and other intellectual property laws and international treaties. We and our licensors and suppliers own all rights to the applications, including all patents, copyrights, trade secrets, trademarks and all other proprietary and intellectual property rights worldwide. Your rights to use an application are listed or referenced herein, while all rights not expressly granted to you are hereby reserved by us.
4. Scope of the licence
Subject to the terms of this Agreement and during the term of this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to install and use the application for personal, non-commercial purposes exclusively on an Apple device or Google device that you own or control as the end user, and to the extent permitted by the rules of use (with the exception that the application can be accessed and used by other user accounts via "family sharing” (as defined or described in the rules of use) or where the application was acquired via a collective purchase).
You are not authorised to distribute or make the applications available over a network in which these could be used by several devices or products at the same time, unless you create certain audio or sound files in a manner approved by us for use with the applications or as part of family sharing.
The above licence applies to all updates made available by us that replace and/or supplement the original application, unless a separate licence agreement is attached to such an update; in this case, the terms and conditions of the respective licence agreement shall apply.
You may not: (a) access or attempt to access the application in any way other than the interface we provide; (b) make copies of the application, except for the copy that you require to run the application on your devices; (c) modify the application or create derivative works based on it; (d) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, underlying ideas or algorithms of the application, or in any way determine, decrypt or obtain the communication protocols for accessing our networks; (e) use the application to develop software or services that access the application's address space or intercept the proxy; (f) attempt to gain unauthorised access to any of our services, accounts, computer systems or networks or those of our suppliers, licensors or dealers associated with the application; (g) resell, rent, sublicense, or otherwise attempt to transfer rights to the application; (h) remove or change trademarks, logos, copyrights or other proprietary notices, legends, symbols or labels in the application; (i) block, deactivate or otherwise impair advertising, advertising banner windows, tabs, links to other websites and services or other functions that are part of the application; (j) integrate the application (including the communication protocols) in whole or in part into software, a program or a product that communicates with our services, accesses them or otherwise connects them to it, or that connects our services with other instant messaging or other online services; (k) use any of our services connected to the application in a way that could damage, disable, overload or impair those services or interfere with the use of those services by any other party; (l) use the application in a manner that violates this Agreement or any law; (m) use the application in any way that infringes the rights of any third party; (n) use the application in any way to transmit, directly or indirectly, unsolicited bulk messages (such as e-mails, voice, photo, video, chat or instant messages); or (o) assist third parties in performing any of the actions described in this paragraph.
We shall be allowed to take all measures or implement technical remedial measures to prevent unwanted bulk messages, viruses or other harmful code from entering, using or remaining on our computer or communication networks.
6. Content, sound files and sets
6.1 Our content. Content, information, materials, graphics, video, audio and sound files that are provided by us or our licensors (collectively "our content") and which can be accessed via the additional offers (as defined in the << Terms of Service >>) or which are part of the additional offers are our property and/or that of our licensors. Unless the context indicates otherwise,
our content shall be understood to be part of the additional offers for the purposes of the << Terms of Service >>. Our licence granted to you for access and use of additional offers is contained in the << Terms of Service >>. Neither we nor Apple or Google shall be liable to you in respect of content that could be perceived as offensive, indecent or objectionable. Our content includes our sound files and (unless otherwise specified) modifications to our sound files (each as defined below).
6.2 Your content. Content, information, materials, sound recordings, audio and sound files that you transmit, make available or upload to us or our systems or via our interfaces or portals as part of your access or use of the additional offers (e.g. the uploading of certain sound files that you have created separately or obtained separately from a third party) shall be collectively referred to as "your content", provided, however, that our content is not included in your content. Your content shall be understood to include your sound files and modifications thereof (each as defined below).
In the relationship between you and us, you are designated as the owner of your content.
You hereby grant us (and our authorised representatives and contractors) all the rights, licences and approvals to and in respect of your content that are necessary to provide, facilitate and make our offers available to you.
6.3 Sound files and sound sets
"Sound file" shall be understood as an audio or sound file or similar that is both functional and suitable for use with an application.
"Our sound file" shall be understood as a sound file provided by us (including through or via an additional offer).
"Your sound file" shall be understood as a sound file that you have provided.
"Modification to our sound file" shall be understood as the making or development of a modification of any kind to our sound file undertaken by you.
"Modification to your sound file" shall be understood as the making or development of a modification of any kind to your sound file undertaken by you.
"Modified sound file" shall be understood as a modification to one of our sound files or a modification to one of your sound files that is both functional and suitable for your use with an application.
"Sound set" shall be understood to refer to a combination of two or more sound files and/or modified sound files which form an overall set that is both functionally operable and suitable for use with an application.
If a sound set contains one of our sound files or a modification of one of our sound files, you shall not be the owner of such a sound set.
To the extent that you have rights to part of a modification to one of our sound files (including all copyrights and other intellectual property rights that are reproduced or described in the foregoing), you hereby grant us an unlimited, exclusive, irrevocable, sublicensable and transferable usage licence. At our request, you will surrender such a modification of our sound file to us and/or prepare and surrender all documents and undertake all actions that we can reasonably require in order to support us in the aforementioned granting of the usage licence.
Subject to the applicable << Terms of Service >> and this Agreement, as well as other applicable restrictions or requirements, and during the period in which we offer you one of our sound files and you access and use it, we grant you a personal, limited, non-exclusive, revocable, non-sublicensable and non-transferable licence to make or develop modifications to our sound files that are both functional and suitable for your use with an application, exclusively for your personal, non-commercial purposes.
You must procure the devices, resources and services for accessing the applications at your own expense. We cannot guarantee that the applications will work with all wireless networks, at all times, or in all geographic locations. When using the applications, you may incur certain fees, including, but not limited to, fees for data, wireless access and messaging services, subject to the terms of your mobile service provider. Please inquire with your mobile service provider whether you are likely to incur such fees. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS THAT YOU INCUR AS A RESULT OF ACCESSING OR USING THE APPLICATIONS ON YOUR WIRELESS DEVICE, AND FOR COMPLIANCE WITH THE TERMS AND CONDITIONS OF YOUR SUPPLIER AGREEMENT.
8. Responsibility; passwords
You shall be solely responsible for your use of the applications, the use of your account (if applicable) by other persons, or any breach of your obligations under this Agreement. You shall be responsible for all consequences of activity on your account (if applicable), including the consequences that may arise from your account (if applicable) being accessed by other persons. You shall be obliged to treat the unique user ID and/or password that you use to access an application personally and confidentially. It is your sole responsibility to protect your user ID and password against unauthorised use, and you shall be responsible and liable for any unauthorised use of your user ID or password.
9. Consent to the use of data
The applications will automatically contact our servers from time to time, without any action required on your part, to check for available updates, such as patches, new features, bug fixes, new versions and other types of updates (collectively "updates"). By installing an application, you are deemed to consent to such automatic requests and the receipt of updates. We are not obliged to provide updates.
11. No support or update obligations
With the exception of the scope stipulated in the rules of use, you agree that you are not entitled to support, telephone support, corrections, updates, upgrades, bug fixes and/or extensions to the applications from us or our sales partners.
The term of this Agreement begins on the earlier of the following two dates: the date on which you agree to this Agreement or the date on which you download or install an application, and shall remain in effect until its termination or expiry. You can terminate this Agreement by discontinuing your use of the applications and uninstalling the applications from your devices. We may terminate this Agreement at any time, with or without notice, if you breach or violate this Agreement, or if we discontinue support for an application, which we may do at our sole discretion.
Following termination or expiry, you shall be obliged to cease all use of the applications, to uninstall them and to destroy all copies of the applications, either in whole or in part. All rights and obligations under this Agreement that become legally binding or continue to exist prior to the termination or expiry of the Agreement shall extend beyond the respective termination or expiry.
13. No compliance with laws and safety standards for acoustic vehicle warning systems
The applications are in no way intended or guarantee to comply with the requirements of applicable laws, regulations or safety standards in respect of the type, pitch, quality or volume of the sounds that must be produced by electric or hybrid vehicles during operation ( e.g. an acoustic vehicle warning system, a warning mechanism or other).
In particular, the applications are unsuitable for meeting the requirements set out in Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC on electric vehicles. The applications do not represent an Acoustic Vehicle Alerting System (AVAS) as defined in the aforementioned regulation and are offered solely for the purpose of facilitating a special driving experience for the user when driving a motor vehicle by providing a variety of sounds. Other purposes, in particular compliance with public law or other legal regulations, cannot be pursued with the offered app.
14. Limitations of liability
At all times, we shall be liable for intent, gross negligence, injury to life, limb or health, cases in accordance with the Product Liability Act and for guarantees expressly granted by us.
In all other cases, our liability shall be excluded and limited to the extent permitted by law. Mandatory statutory rights shall remain unaffected. We shall only be liable for damage caused by us through slight negligence in the event of a breach of an essential contractual obligation, whereby the amount of these claims for compensation shall be limited to the foreseeable damage. Essential contractual obligations shall be understood as those obligations the compliance with which you may regularly rely upon and the fulfilment of which is essential for achieving the purpose of the contract.
Insofar as our liability is excluded or limited according to these provisions, this shall also apply to the liability of our statutory bodies and vicarious agents, including our employees.
Should a third party make a claim against us for a breach of these Terms and Condition of Use on your part, you will indemnify us against all claims and costs that arise directly or indirectly as a result thereof, including reasonable costs of defence by a lawyer. This shall not apply if you are not responsible for the violation.
We assume no responsibility or liability for any claims, demands, lawsuits, liabilities, loss, damage or expenses arising out of or in connection with any personal injury (including death) or property damage or violation of applicable traffic or driving laws or regulations resulting, in whole or in part, from vehicle accidents or other driving-related incidents, including, but not limited to, those accidents or incidents that occur while using an application.
The nature of the application is such that it is constantly updated and developed further. Changes may also result from the installation of updates that ensure and improve usability. We therefore provide you with access to the app in its current version. Changes and further developments can affect the system and compatibility requirements. You shall therefore have no entitlement to the continued provision or introduction of a specific status or range of functions of the application. Any claims for defects that affect the usability of the app itself shall remain unaffected. Due to the constant further development of the app, we reserve the right to offer new app functions and/or remove or change them. If you have already made payments for additional functions for a future period and can no longer use them for the reasons stated above or if they are also made available in the free version, we will offer you other functions of the app as an alternative. In these cases, you shall be free to terminate the contract with immediate effect. In this regard, any further claims on your part shall be excluded.
Please note that although the app is state of the art, we cannot guarantee that the app will be free of errors. For this reason, please be mindful that not every function of apps like this one will always work flawlessly. We do our best to provide an app that is as error-free as possible and that ensures full usability. However, as with any software, we are unable to rule out minor software errors in an app. In any case, you shall be entitled to assert claims for defects if the deficiencies of the app results in its use being severely and permanently disrupted.
You must always clearly document any defects that may occur in the app and report them to us in writing, in particular by logging any displayed error messages. Before reporting a possible error, we advise you to consult the assistance we have provided for troubleshooting. You must do all you can to support us in eliminating potential defects.
In principle, our warranty does not cover errors caused by external influences, operating errors for which you are responsible, force majeure or changes or other manipulations that were not carried out by us.
We do not assume any guarantees in the legal sense with regard to the availability, reliability, functionality or suitability of the app.
If you access other websites via links in the app, the providers of the respective sites shall be solely responsible. We do not adopt the content of these websites as our own. Any liability or guarantee on our part in respect of the content of the linked websites shall be excluded. At the time these links were set, we were not aware of any illegal content on the linked websites. We have no influence on current and future changes to the linked websites.
16. Injunctive relief
You hereby agree that your breach or imminent breach of this Agreement may cause us irreparable damage for which monetary compensation would not be appropriate and that we therefore, in addition to any other legal remedies available to us according to
law or case law, can assert a temporary injunction in order to safeguard our rights under this Agreement.
17. Applicable law; online dispute resolution; consumer arbitration board
The law of the Federal Republic of Germany shall apply to all legal relationships between you and us in connection with this Agreement, to the exclusion of the UN Sales Law. This choice of law shall apply to consumers only insofar as it does not deprive them of the protection granted to them by mandatory provisions of the law of the state in which they have their habitual residence.
The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to the contractual obligations arising from online sales contracts and online service contracts. The platform can be accessed at http://ec.europa.eu/consumers/odr/. We are not prepared to take part in a dispute settlement procedure before a consumer arbitration board.
18. General provisions
This Agreement, including Appendix 1 and Appendix 2, which are attached hereto and form part of this Agreement, constitute the complete legal agreement between you and us with regard to the subject matter of the contract. The section headings are provided for convenience only and shall not be understood to define or limit the scope or content of the respective sections. A waiver by either party of any condition or of a breach of these terms and conditions shall in no event constitute a waiver of the respective condition or of any subsequent breach thereof.
19. Consistency with other agreements
When using the applications, you must comply with all applicable third-party contractual terms, including, but not limited to, all wireless data service agreements.
20. Contact us
If you have any questions, complaints or claims in relation to the applications or this contract, you can contact us at the following address:
Space Gravity GmbH
APPENDIX 1 - to the End User Licence Agreement for Glydsphere Mobile Applications
These terms and conditions supplement and additionally apply to the terms and conditions of the Agreement for users installing the applications on an Apple device:
1. Acknowledgement: You and Space Gravity acknowledge that the Agreement is concluded only between you and Space Gravity, and not Apple, and that Space Gravity, not Apple, shall be solely responsible (only to the extent provided for in the Agreement) for the applications and their content. To the extent that any rules of use stipulated by Space Gravity in the Agreement and applicable to the applications should conflict with the Apple Media Services Terms and Conditions (or the Apple App Store Terms and Conditions) as of the effective date, these shall not apply (providing that both Space Gravity and you confirm that you have had the opportunity to review them).
2. Maintenance and support: Space Gravity shall be solely responsible for providing maintenance and support services in relation to the applications as set out in the Agreement or as required by applicable law. Space Gravity and you acknowledge that Apple is under no obligation to provide maintenance or support services in relation to the applications.
3. Warranty: Space Gravity shall be solely responsible for any product warranties, whether express or implied by law, unless effectively excluded in the Agreement. Should the applications not comply with the applicable warranty, you can notify Apple, who will then reimburse you the purchase price for the applications (if applicable). To the fullest extent permitted by applicable law, Apple shall have no further warranty obligations in respect of the applications, while in the relationship between Apple and Space Gravity, all other claims, losses, liabilities, damages, costs, or expenses arising out of any failure to comply with any warranty shall be attributed exclusively to Space Gravity, and only to the extent that is expressly provided for in the Agreement.
4. Product claims: You and Space Gravity acknowledge that Space Gravity, and not Apple, shall be responsible (solely to the extent provided for in the Agreement) for handling your claims or those of any third parties in relation to the applications or your possession and/or use of the application, including, but not limited to: (i) claims arising from product liability; (ii) claims arising from the failure of the application to comply with applicable legal or regulatory requirements; and (iii) claims arising from consumer protection, data protection or similar laws (including in connection with the use of the HealthKit and HomeKit frameworks by the application (if applicable)). The Agreement does not limit Space Gravity's liability to you beyond what is permitted under applicable law.
5. Intellectual property rights: Space Gravity and you acknowledge that in the event a third party should make a claim arising from the fact that the application or your possession and use thereof violates the intellectual property rights of the respective third party, Space Gravity, and not Apple, shall be solely responsible for the investigation, defence and settlement of such a claim for violation of intellectual property rights (only to the extent expressly provided for in the Agreement).
6. Third-party beneficiary: You and Space Gravity acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement and that upon your acceptance of the terms of the Agreement, Apple, as a third-party beneficiary, shall be entitled to enforce the Agreement against you (with Apple deemed to have accepted this entitlement).
APPENDIX 2 - to the End User Licence Agreement for Glydsphere Mobile Applications
These general terms and conditions supplement and additionally apply to the terms and conditions of the Agreement for users installing the applications on a Google device:
1. Acknowledgement: You and Space Gravity acknowledge that the Agreement is concluded only between you and Space Gravity, and not Google. Google accepts no responsible in respect of the application and shall not be liable for this Agreement.
2. Licence: Space Gravity authorises Google, on a non-exclusive, worldwide and royalty-free basis: to reproduce, execute, display, analyse and use the application in connection with (a) the operation and marketing of Google Play; (b) the marketing of devices and services that support the use of the application, as well as the marketing of the application on Google Play and devices; (c) the provision of hosting services for and on behalf of Space Gravity to enable the storage of the application, user access to the application and the hosting of the application by third parties; (d) making improvements to Google Play, the Play Console and the Android platform; and (e) reviewing compliance with the Google Play Developer Distribution Agreement and Developer Program Policies.
3. Family groups: Users can form a family group, whereby the accounts of the family members are merged to create a family group. Family groups on Google Play are subject to reasonable restrictions designed to prevent misuse of the family sharing features. Users in a family group can purchase or download a single copy of the application (unless otherwise prohibited) and share it with other family members in their family group.
4. Maintenance and support: Space Gravity shall be solely responsible for providing maintenance and support services in relation to the application as set out in the Agreement or as required by applicable law. Google is in no way obliged to provide maintenance or support services in relation to the application or to handle complaints about the application.
5. Reviews: Only those users who have downloaded the application may rate and review it on Google Play.
6. Installations: Users may reinstall the application distributed through Google Play with no restrictions and at no additional charge, unless the application is removed from the Google Play Store by Space Gravity or by Google. Should the application be removed from the Google Play Store, users will no longer have the right or the option to reinstall the application.
7. Promotions: Google may, from time to time, run promotional campaigns as part of which coupons, credits and/or other promotional incentives for paid transactions and/or user campaigns for the application are offered, though solely in connection with Google Play promotions and gift card promotions via third-party channels authorised by Google. Users are expressly advised that such promotions originate from Google and not from Space Gravity, that the redemption of such promotions is carried out by Google or a third party authorised by Google and not by Space Gravity, and that Google is responsible for compliance with applicable laws in respect of such promotions.