General terms and conditions

Valid as of February 26, 2021

Terms of use of the Hundeo app

1. preamble 

The app "Hundeo" (hereinafter also referred to as app, Hundeo app or Hundeo) refers to objective services of Hundeo GmbH, Attilastraße 18, 12529 Schönefeld. You can find more information about Hundeo here.

The following GTC regulate the conditions for the use of the app. 

2. relevant provisions 

2.1 The Hundeo app is an application software that offers its users a possibility to train, educate and care for different dog breeds in practice with the help of the included instructions. The content is provided in the form of various educational videos and associated text descriptions. 

2.2 These Terms of Use apply to contractual relationships relating to the use of the Hundeo app.

2.3 These Terms of Use shall also apply in the event of deviating terms and conditions of the user, unless these are accepted by Hundeo in writing. 

2.4 Individual agreements as well as collateral agreements and supplements shall take precedence over the Terms of Use, provided they have been recorded in writing. 

3. registration/ user accounts

3.1 Depending on the service package, the scope of use of the app varies. Hundeo presents 2 product contents. A distinction is made between a free "Basic" version and a paid "Plus" version. 

3.2 When registering, the user has the choice between a Basic Version and the Plus Version. If the User has initially opted for the free version, it is still possible for him/her to expand the use by the Plus version at a later point in time.

3.3 If the user has chosen the Plus version, he can choose a monthly or annual contract. There is also the option to buy the Plus version for the lifetime of the app. More information about the different service packages can be found in the app.

3.4 Registration shall only take place if the user has previously accepted the inclusion of these Terms of Use in a binding manner. There is no right to registration. Registration creates a contractual relationship between the user and Hundeo.

3.5 By registering with Hundeo, the user accepts these GTC for the use of the app. If the user accesses the services via app and has downloaded the app from the app store of a third party or accesses content via an audio/video or assistant app, the respective terms and conditions of the app store or the app shall apply additionally. 

3.6 The use of the Hundeo app requires registration with the user's e-mail address and user name (e.g. first name or a pseudonym). The personal data and addresses requested by Hundeo must be provided completely and correctly (no P.O. Box or similar). Registration can also take place via a third-party provider (e.g. Apple, Facebook or Google). The user contract between the user and Hundeo is only concluded through an electronic confirmation by Hundeo.

3.7 The user enters his valid e-mail address and chooses a password during registration. 

3.8 The access password can be changed by the user at any time and must be kept secret in any case. After registration, the user receives a user account, which contains the data provided by the user.

3.9 Changes to the data must be made immediately by the user in his account to ensure that the messages or statements can be sent to the Hundeo app. 

3.10. The user account is not transferable to other persons. It may also not be used by persons other than the account holder, e.g. by passing on the password.

4. payment terms/ in-app purchases

4.1 The Hundeo app offers the option to unlock extended content of the app through a paid Plus subscription (premium service). 

4.2 The purchase of Plus access is possible directly in the app. To do this, the user must select Plus access in the app settings, click on pop-ups for "Use Plus" or click on "Use Plus" for videos not available in the free version. The user will be redirected to an overview page where he or she can select the premium access and click on the "Plus" button to conclude a contract. "Subscribe" must click. The usage contract for the Plus access is then concluded between Hundeo and the user. The billing and administration of the Plus subscription is carried out exclusively via the user account of the respective third-party provider via which the app was obtained (Apple: App Store, Google: Play Store). The subscription can be terminated at the end of the contract term via the account settings in the Apple App Store or in the Google Play Store, otherwise the subscription is extended each time by the agreed contract term. The conclusion of the contract and the payment processing are also governed by the respective terms and conditions of the third-party provider (Google or Apple).

4.3 With the activation of the individual contents, the user receives the right to use them for his own, non-commercial purposes on all compatible devices connected to his App Store/Play Store account.

4.4 Insofar as a user books the chargeable service, the user will be invoiced directly. The user receives a monthly, annual or one-time invoice for the services used.

5. payment processing and right of withdrawal

5.1 Payment processing for the paid version takes place directly with the operator of the app store via the user account.

5.2 As soon as the user has confirmed the purchase of the app in the store, the user account in the store will be debited with the corresponding amount. In the case of in-app subscriptions, the app store/Google account will be debited after confirmation of the subscription within the app.

5.3 If the User is a consumer, a 14-day right of withdrawal applies to him. This right of revocation is to be exercised exclusively with the Store Providers. In this respect, the General Terms and Conditions/ Terms of Use of the Store Providers shall apply. It is pointed out that in the case of in-app purchases via the Store Providers, the User shall lose his/her right of revocation if he/she wishes to use the purchased digital content immediately.

Note on the right of withdrawal for consumers

In the following we provide you with the statutory right of withdrawal for consumers (please note that entrepreneurs in the sense of § 14 BGB are not granted a right of withdrawal):

Cancellation policy (for consumers)

Right of withdrawal

As a consumer, you have the right to revoke this contract within 14 days without giving any reason.

The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform the respective store provider by means of a clear declaration of your decision to withdraw from this contract. For this purpose, you can use the attached sample withdrawal form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs, without undue delay and no later than 14 days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the service should begin during the cancellation period, the right of cancellation has expired.

Sample cancellation form

(If you want to cancel the contract, you can fill out this form and send it to the respective store provider through which you obtained the app).

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/

- Ordered on (*)/received on (*):

- Name of consumer(s):

- Address of the consumer(s):

- Date:

(*) Delete as applicable.

End of the cancellation policy

6. term/ termination 

6.1 The usage agreement between Hundeo and the user is concluded depending on the selected service package. When using the free variant, the parties are entitled to terminate the usage relationship without observing a specific period or form.

6.2 Insofar as the User has opted for the paid variant, the usage contract for the respective paid service shall initially run for the booked minimum usage period. Thereafter, the usage agreement shall be automatically extended by the duration of the minimum period booked, unless it is terminated by the user or by Hundeo 1 day before the end of the minimum usage period/extension period with effect from the end of the respective period. 

6.3 The termination of the paid service can, if the purchase was made via an app store, be made as described in the respective app stores in the subscription management.

6.4 Upon termination of the user agreement, Hundeo is entitled and obliged to irrevocably delete the user's membership account. Personal data which are in Hundeo's own interest remain unaffected by this in order to be accountable to third parties, in particular authorities.

6.5 Hundeo reserves the right to terminate and block the user relationship with immediate effect in the event of good cause, in particular in the event of violations of these GTC and other contractual obligations, or in the event of disruptions, misuse or damage to the reputation of this application. In this case, a new registration is possible after 2 years at the earliest. Whether or not a new registration will take place after the aforementioned period is at the discretion of Hundeo and depends on the duration and severity of the misconduct in the past. A legal claim to registration does not exist after the deadline.

7. special duties of the user

7.1 The Hundeo app is not made available to the user for commercial use, but exclusively for personal use. The user may only use the app for his private purposes.

7.2 It is prohibited to use mechanisms, software or other scripts in connection with the use of the App that impair the functionality or accessibility of the App or to modify, delete or overwrite content created and managed by Hundeo.

7.3 The user must set a password to access his user account. The user account may only be used by him personally. He may not pass on the access data to third parties and must ensure that third parties do not gain unauthorized access to his user account by using insecure passwords (less than 8 characters and without numbers and special characters) or by storing or otherwise securing them. He is responsible for all activities related to his user account. The user is also responsible for updating his contractual data in his user account, insofar as these change in the course of the contractual relationship.

8. special rights of Hundeo 

8.1 Hundeo may make the use of the App or individual functions subject to certain preconditions, such as verification of registration data, duration of use, payment behavior or the presentation of certain proof (e.g. proof of identity, purchase, payment or ownership). In particular, the app may block the user's activities under certain circumstances and make them dependent on further conditions, such as prior verification or verification of complaints.

8.2 In the event of misuse of the App by the User, Hundeo reserves the right to deactivate the respective User Account after giving notice or to delete it after ordinary or extraordinary termination.

8.3 Hundeo is entitled to display advertising on all pages of the App. Hundeo reserves the right to change the appearance, structure and functionality of the App at any time without the consent of the User.

8.4 Hundeo regularly backs up the user's data on the server for which Hundeo is responsible to an external backup server. The User may save this data at any time for backup purposes and is obliged to do so at regular intervals.

8.5 Upon termination of the Agreement, Hundeo shall return to the User all documents provided by the User and still in the possession of Hundeo as well as data carriers related to the present Agreement and delete the data stored with the App, unless there are any retention obligations or rights.

8.6 Hundeo is entitled at any time, without giving reasons, to change, delete or add new functions as well as the provided content of the App or to enable the use of functions only under certain conditions, insofar as this does not reduce the contractually owed services.

8.7 Hundeo is entitled to unilaterally amend these GTC at any time, insofar as serious reasons - which cannot be influenced by Hundeo - which lead to an unforeseeable change in the contractual equivalent relationship and therefore require an amendment, taking into account the interests of the user, make this necessary. Changes are only possible insofar as they do not unreasonably disadvantage the user or violate good faith. The user will be informed of an adjustment 6 weeks in advance by e-mail with notification of the content of the amended provisions. This e-mail shall contain the amended General Terms and Conditions as well as a reference to the right of objection, the objection period and its consequences in the event of failure to object. The amendment shall become part of the contract if the user does not object to its inclusion in the contractual relationship in writing or text form within 14 days of receipt of the notification of amendment. Upon expiry of this period, the GTC will become valid for the user. GTC of the previous version lose their effectiveness after expiry of the approval period.

9. rights of use

Within the scope of the contractual relationship, the user receives access to the app as described above as well as to the agreed digital content by means of "streaming".

The user receives a limited, non-exclusive right, limited in time to the duration of the contract, to store the app on all end devices connected to the respective store. Any other storage, duplication or modification of the App is not permitted.

The user also receives a limited, non-exclusive, time-limited (to the agreed duration) right to use the agreed digital content. The content may only be used by the user personally. Transfer of access to third parties is not permitted. No content made available may be passed on to third parties or used in any other way. It is expressly prohibited to permanently store, reproduce or publish the content provided. Storage of the content for viewing the content in offline mode is only permitted within the app, insofar as this is covered by the functions of the app.

Hundeo receives the temporally and locally unlimited, non-exclusive rights of use and exploitation to the content uploaded by the users in the software and can publish this, e.g. on its own website or on social media channels and make it accessible to third parties.

10. liability 

10.1 Hundeo is liable exclusively for the provision of the App within the framework described here. Due to further claims and rights Hundeo is only liable in case of intent and gross negligence according to legal regulations.

10.2 Claims for damages in tort are excluded, unless the damage was caused intentionally or by gross negligence.

10.3 In the event of slight negligence, Hundeo shall only be liable in the event of a breach of a material contractual obligation or in the event of default or impossibility.

10.4 Liability arising from slight negligence, from tort as well as from compensation for futile expenses shall only exist for damages that are foreseeable and typical.

10.5 Liability for loss of profit, for damages from third party claims against Hundeo and for other consequential damages is excluded.

10.6 The aforementioned limitations of liability shall also apply in the case of actions by vicarious agents of Hundeo.

10.7 The contents are mainly learning contents and are intended to support the user in dog training. A corresponding success is largely dependent on the user's own commitment and the dog's abilities. Therefore, no success is owed or specific results are guaranteed. The user is responsible for his own success.

11. availability

11.1 The availability of the app depends on different technical equipment of the user. In order to be able to use the app to its full extent and to access the content, suitable technical aids (suitable terminal device and suitable Internet access) are required.

11.2 Hundeo endeavors to enable trouble-free operation of the App and to keep the App available as much as possible. For reasons beyond its control, the availability of the App may be disrupted. Hundeo will endeavor to restore availability as quickly as possible. In this respect, the user has a warranty right pursuant to § 536 BGB. The user must report defects to Hundeo in order to exercise his warranty right.

11.3 For technical reasons, uninterrupted availability of the digital content cannot be guaranteed. Availability may be impaired, for example, by regularly necessary maintenance and security work, but also by unforeseen events that are beyond Hundeo's control. Planned work that leads to an impairment of availability will be carried out by Hundeo, as far as possible, during low-frequency periods. The display quality of the digital content may also vary from device to device and may depend on the speed of the user's internet connection and other factors. In this respect, Hundeo cannot be held liable for any deviations.

12. general information requirements for alternative dispute resolution in accordance with Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act)

The European Commission provides a platform for online dispute resolution (OS), which the user can find at this address: http://ec.europa.eu/consumers/odr/. Hundeo is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. final provisions 

13.1 Insofar as the user is an entrepreneur, the place of jurisdiction is the registered office of Hundeo. If the user is a consumer, the place of jurisdiction is the user's place of residence. If, contrary to the information provided by the user, the user is not domiciled in the Federal Republic of Germany or moves his domicile abroad after conclusion of the contract or his domicile is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the registered office of Hundeo.

13.2 The contract concluded between the user and Hundeo shall be governed exclusively by the laws of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which the user has his habitual residence remain unaffected.

13.3 Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract insofar as a contracting party is not unreasonably disadvantaged thereby.

13.4 The contract language is German. The text of the contract shall not be stored after the conclusion of the contract. The User can view the contract details in his respective store and in the app. The User can view these Terms of Use and cancellation policy in the app at any time.

13.5 Amendments or supplements to this contract must be made in text form.

14. data protection
The Hundeo privacy policy is available under the link https://www.hundeo.com/en/contact/data-protection/ available and part of this contract.

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