Standard Terms and Conditions of Sale
The provider enables its customers (hereinafter referred to as “users”) to use the so-called Gamify App, an application software for mobile devices (hereinafter referred to as “App”), as well as the services associated with this App (hereinafter referred to collectively as “services”). In particular, Gamify App offers users the possibility to be virtually accompanied in real time by friends and relatives (hereinafter referred to as “companions”) and to signal an emergency while on the move. With the Gamify App, Gamify (hereinafter referred to as “Provider”) wants to help users to improve their personal safety on the move. To this end, the app is supplemented by information and recommendations that serve the security concept. This also includes references to providers of chargeable offers, such as security products, insurance contracts or self-defence courses. To access these offers, the Linq website is called up.
1. scope, definitions
1.1 The following terms of use apply to the use of the services of the provider. Deviating conditions of the user are not recognized unless the provider expressly agrees to their validity.
1.2 For the downloading of the App via a central distribution platform (such as Apple’s App Store; hereinafter referred to as “distribution platform”) as well as for the payment modalities and costs that may be specified there, the prices and the terms of sale and use of the operator of this distribution platform shall apply exclusively. Furthermore, access to and use of the Internet or mobile telephone network may be subject to separate contractual terms and conditions of the relevant telecommunications services.
1.3 These terms of use are available on the Internet and can be downloaded and printed out from there or stored on a permanent data carrier. The Terms of Use can also be accessed via an Internet-capable mobile device.
1.4 The users in the sense of these terms of use are exclusively consumers. A consumer is a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
2. scope of services
2.1 The subject of these terms of use are the services mentioned in the above preamble. In this respect, the provider offers services in which the user can inform his companions about his current location and the distance he has travelled. Furthermore, within the framework of the existing technical and operational possibilities, users can signal the existence of an emergency in the manner specified in these terms of use. With regard to the signalling of such an emergency, special reference is made to Section 4.
2.2 If the user wants to inform his companions about his current location, he must start the tracking function via the app and invite his companions. The companions can view the user’s location live via the app’s map during tracking. The companion can be stopped by clicking the corresponding button in the app. The route covered remains stored and can be called up by users and companions even after the accompaniment has ended. The routes can be deleted by the user. In order to prevent unintentional deletion of security-relevant information by third parties, the data is kept for 2 weeks before it is finally deleted.
2.3 The provider reserves the right to discontinue, restrict or change its services in whole or in part at its own discretion. The user will be informed in good time before the planned discontinuation, restriction or change.
2.4 The purchase of the App itself and its download are not subject to these terms of use. The same applies to the use of internet or mobile phone services that are not offered by the provider itself. The user himself must ensure that suitable internet and mobile phone services are used in order to be able to use the services of the provider.
2.5 The provider reserves the right to adjust the services continuously. In order to use the services, it is therefore a prerequisite to regularly update the operating system of the mobile device and the app. Adjustments may also mean that the service may not be available, or only to a limited extent, on older end devices in the future.
2.6 The provider currently provides additional functions free of charge, but reserves the right to make the use of all functions dependent on the payment of a fee in the future. Before using the additional functions, the user is expressly informed of any costs that may be incurred.
