GENERAL TERMS AND CONDITIONS

§1 Scope of application

(1) These terms and conditions govern the use of the GrowwW application (app). They apply regardless of whether the app is used free of charge or for a fee.

(2) Only the following terms and conditions apply between Becomyng GmbH (hereinafter “Provider”) and the user (hereinafter “User”) as amended at the time of use.

§2 Definition of terms

(1) The term “GrowwW App” refers to the programme of healthy nutrition for children entitled “GrowwW” sold under the name “GrowwW”. This programme can be installed and operated on devices such as mobile telephones and other mobile devices.

(2) The terms “Consumer” and “Entrepreneur” correspond to the legal definitions in Sections 13, 14 German Civil Code (BGB). The User is thus the “Consumer” insofar as the use or purchase of the GrowwW App cannot be assigned primarily to the User’s commercial or self-employed professional activity. In contrast, “Entrepreneur” refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business or profession when using the GrowwW App or entering into the contract.

(3) “Market place” refers to the shops (stores) of Market place operators such as Google (“Google Play”) or Apple (“App Store”) where the User can select and download the GrowwW App to be installed on the User’s device.

§3 Available types of use

The GrowwW App can be operated free of charge or for a fee. The app is always free of charge when installed – e.g. via the Google or Apple Market places. Use for a fee always requires special, express consent by the User in the app (“in-app-purchase”, see below § 4).

§4 Use of the GrowwW App, in-app purchases

(1) The User can select and install the GrowwW App in the respective Market place. By installing the app, the User accepts these General Terms and Conditions.

(2) A user account is required to use the GrowwW App; this in turn requires that the User enters an email address and a password.

(3) If the User would like to use the wide range of features offered by the pay version of the GrowwW App, the User can upgrade through the so-called “in-app purchase”. The upgrade mechanism may differ depending on the Market place platform; please refer to the respective Market place operator’s terms and conditions to determine the course of action required. The purchase contract is subject to the conditions of the respective Market place. Those conditions also determine whether the purchase contract is concluded between the User and the Market place or between the User and GrowwW GmbH.

(4) In-app purchases are billed by the respective Market place. The payment terms stipulated by the respective Market place operator apply.

§5 Warranty for defects of quality, guarantee

Provided that the purchase contract between the Provider and the User is effected, the Provider is liable for defects in the app in line with the applicable statutory provisions, particularly pursuant to the general provisions of Sections 434 et. seqq. German Civil Code (BGB). The warranty period for the app made available to Entrepreneurs by the Provider is twelve months.

§6 Liability

(1) User claims to compensation for damages are excluded. This does not include a user’s claims to compensation of damages for injury to life or limb, health or damages caused by breach of material contractual obligations or liability for other damage caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.

(2) If material contractual obligations are violated, the Provider is only liable for the typical foreseeable damage if such damage was caused by ordinary negligence, unless the User’s claim for compensation of damages is based on an injury to life, limb or health.

(3) The limitations of sub-sections (1) and (2) shall also apply in favour of the Provider’s legal representatives or vicarious agents if claims are asserted directly against such persons.

§7 Instructions on right of withdrawal

The right of withdrawal is in accordance with Market place operator withdrawal policy and directly handled by the respective Market place operator.

§8 Final provisions

(1) Contracts entered into between the User and the Provider are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the Consumer has its habitual abode, remain unaffected.

(2) If the User is an Entrepreneur, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider.

(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.