Terms and conditions app

Terms and conditions app

§ 1 Application, subject matter of contract, conclusion of contract
1.1. These general terms and conditions govern the relationship between techreach GmbH, Franz-Mayer-Straße 1, 93053 Regensburg (hereinafter referred to as “operator”) and the user of the app anybill (hereinafter referred to as “user”) of the online and mobile service offering anybill.de. The general terms and conditions apply to consumers within the meaning of § 13 BGB. A consumer within the meaning of Section 13 BGB is any natural person who concludes a legal transaction for purposes that can largely be attributed neither to their commercial nor to their independent professional activity.

1.2. With the anybill app, users have the option to receive their receipts digitally in the anybill app from participating anybill partners directly at the point of sale and to add further receipts manually via the camera function. The added receipts are automatically assigned to the corresponding category in which the purchase was made and can be retrieved at any time. With anybill, users therefore always have their personal shopping assistant with them. The app learns from the user's behavior, usage and interests (for example which products they are interested in, etc.) and ensures that suitable offers and relevant information from anybill and the partner companies of techreach GmbH are displayed directly on the user's smartphone. The basis for selecting the information and offers displayed in the app is the data generated by the anybill app and otherwise in connection with anybill and stored by the operator.
In addition, the user always has an overview of their spending via the integrated, intelligent expenditure manager. This output data per category is only for a personal overview and is not stored in this form by the operator. Further information on the processing and storage of data can be found in the privacy policy at https://www.anybill.de be removed.

1.3. Only natural persons who have reached the age of at least sixteen are allowed to use the app. The anybill app may only be used by the user for personal and private purposes as intended.

1.4. With the user's consent to the validity of these terms and conditions as part of registration and registration in the anybill app, a contract for the use of the anybill app is concluded between user and operator.

1.5. The operator is entitled to make changes to the service description or the general terms and conditions and other conditions. The operator will only make these changes for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. If individual provisions make the user worse off in such a case, the operator grants the user an extraordinary special right of termination of the contract, not bound by any time limit. If the change significantly disrupts the contractual balance between the parties, the change will not be made. Changes to the general terms and conditions are notified to the user when the app is accessed and the user confirms his agreement to the validity of the amended general terms and conditions.

§ 2 Registration and use of the app

2.1 The use of the app requires registration. There is no entitlement to registration. Various functions of the anybill app can only be used if the user has agreed in the declaration of consent that the resulting data may be used for advertising and market research purposes. This consent is given in the app and can be withdrawn at any time.

2.2. The contact details and other information requested during the registration process must be provided completely and correctly. After providing all requested data, the operator will check them for completeness and plausibility.

2.3. The user undertakes to prevent unauthorized access by third parties by taking appropriate measures. This includes keeping “user ID” (email address) and password secret and not making them available to third parties. It is also the user's responsibility to ensure that access and use of the available services is provided exclusively by the user or authorized persons. If there is a fear that unauthorized third parties have or will become aware of the access data, the user is obliged to report this to the operator immediately.

2.4. The user is required to keep his registration data, including contact details, up to date. Changes can be made in the menu area via personal settings. If this is not successful, the user is obliged to inform the operator immediately by e-mail or fax.

§ 3 Payment terms and additional offers within the app

The operator generally offers the use of the anybill app free of charge. The use of certain additional offers in connection with the anybill app may be chargeable. Such additional functions may also be subject to additional special conditions that supplement or differ from these terms of use. Prior to the possible use of these additional offers, the user is expressly informed of any costs and/or special conditions and cannot use the additional offer without confirmation of any deviating or supplementary terms of use and the fee to be paid.

Payment for additional functions is made via the in-app payment functions of google.com and apple.com.

§ 4 Changes to the app

The operator is entitled to supplement, change or discontinue the anybill app at any time, with due regard for the interests of the users.

The user will be informed of such changes to the app in the product description in the App Store and Google Play Store. In the event of a change, the user can decide whether the new versions of the app should be installed on the smartphone. When setting the smartphone to automatically install new app versions, it is necessary for the user to regularly check for their own consent to changes. This applies in particular when the smartphone notifies you of an update to the app. In addition, when starting a new app version for the first time, the user receives information about any changes that have been made and thus has the opportunity to decide whether he wants to use the new version of the app.

If the user does not agree with changes to the anybill app, the use of the app can be terminated at any time by deleting the anybill account in the app.

In the event that the operator no longer supports an older version of the app, the change to this older app version is considered a termination of the user contract by the operator. In this case, to enable continued use, the operator recommends an update to the latest app version.

§ 5 Termination

5.1. The user can cancel the contract for the use of the anybill app at any time and without notice. To do this, the anybill account must be deleted in the app.
5.2. The operator can duly cancel the user contract with a notice period of one month to the end of the month.

5.3. The right to cancel for good cause remains unaffected. An important reason for termination without notice lies in particular, but not exclusively, in a serious or repeated violation of these general terms and conditions.

§ 6 Right of Withdrawal

Right of Withdrawal

You can cancel your contract within 14 days without giving reasons by means of a clear declaration. The period begins upon receipt of this notice on a durable medium. In order to meet the withdrawal period, it is sufficient to send the withdrawal in good time if the declaration is made on a durable medium (e.g. letter, fax, e-mail). The revocation must be sent to: techreach GmbH, Franz-Mayer-Straße 1, 93053 Regensburg E-mail: info@anybill.de)

Withdrawal consequences

In the event of an effective withdrawal, the benefits received by both parties must be returned. You are obliged to pay compensation for the service provided up to the time of revocation if you have been notified of this legal consequence before submitting your contract declaration and have expressly agreed that we will start processing the consideration before the end of the withdrawal period. If there is an obligation to pay compensation, this may mean that you still have to fulfill the contractual payment obligations for the period up to the withdrawal. Your right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of withdrawal.

End of cancellation policy

§ 7 Right to use content available in the app
7.1. Unless further use is expressly permitted in these general terms and conditions or in the app or made possible in the app through a corresponding functionality (e.g. download button), without prejudice to existing rights of third parties may
7.1.1. the content available in the app is accessed and displayed online exclusively for personal purposes;
7.1.2. the content available in the app is neither edited, modified, translated, presented or presented, published, publicly exhibited, reproduced or distributed in whole or in part. It is also prohibited to remove or change copyright notices, logos and other trademarks or protective notices.

7.2. Without prejudice to existing rights of third parties, the duly downloaded or printed content is granted an indefinite and non-exclusive right of use for personal, non-commercial purposes. In addition, all rights to the content remain with the original rights holder. Mandatory legal rights remain unaffected.

§ 8 Liability
8.1. The operator is not liable for damage, in particular loss of data, or damage to software or hardware or financial losses arising from its performance, unless these are based on grossly negligent or intentional action by the operator, its vicarious agents or its legal representatives. The operator is fully liable for damage to health, body or life as well as claims for damages arising from the Product Liability Act. The operator is also liable for the breach of obligations that are of particular importance to achieve the purpose of the contract (cardinal obligations), in which case liability is limited to the amount of typically foreseeable damage.

8.2. The operator is not liable for unauthorized access to personal user data by third parties (e.g. through unauthorized access by hackers to the database). The operator can also not be held liable for the misuse of information and information that the user himself has made available to third parties.

8.3. In the event of infringement of third-party rights by a contracting party, the other contracting party will indemnify the other contracting party from all resulting claims and claims for damages as well as from the costs of legal defense in an appropriate amount upon proof. The exemption is subject to the condition that the claimed contracting party only concludes or acknowledges the claims made by the third party with the prior written consent of the other contracting party.

8.4. The operator is entitled to immediately block the account if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. There is a reasonable suspicion of illegality and/or an infringement of law in particular when courts, authorities and/or other third parties inform the operator of this. The operator must immediately inform the user of the removal and the reason for it. The suspension must be lifted as soon as the suspicion is dispelled.

8.5. The operator is not liable for the legal compliance of the receipts added digitally at the cash register or by the user via camera. Furthermore, the operator does not provide any tax or legal advice within the meaning of the Tax Advisory Act (StBerG) or Legal Services Act (RDG).

8.6. The operator is not liable if the user has intentionally or inadvertently deleted the receipt stored in the app and therefore it is not possible or difficult to exchange, return or complain about the items purchased accordingly. As part of the reminder function, the operator is also not liable for the accuracy of the calculation of the warranty and guarantee periods made by the user and therefore not for any late assertion of any claims made by the user against the corresponding seller.

§ 9 Legitimation

9.1. By using the app, the user commissions the operator as his agent and gives the operator the authority to retrieve the information on his behalf from an external source using the provided data.

9.2. The use of the app to receive receipts digitally at the cash register or by the user via camera in the app and to store them there is the sole responsibility of the user. In particular, the operator assumes no responsibility for any violations by the user of agreements between the user and third parties.

9.3. The operator expressly points out that the receipts stored digitally at the cash register or directly by the user via camera may contain sensitive and/or confidential information.

§ 10 Data Protection and Data Security

10.1. Data protection

The operator complies with the provisions of the EU General Data Protection Regulation. In order to be able to meet these requirements, the following additional agreements are concluded for the use of the anybill app:

A valid privacy policy and attachments can be found on the operator's website www.anybill.de and can be viewed in the anybill app and is available for download there.

10.2. secrecy

The operator undertakes to maintain strict secrecy about all confidential processes that come to its knowledge in the course of preparing, executing and fulfilling the contract, in particular business or trade secrets of the user, and not to disclose them or exploit them in any other way.

10.3. data encryption

To ensure user protection, all communication with the anybill server is encrypted using the HTTPS protocol.

10.4. Data security and data provision

The operator is obliged to take appropriate precautions against loss of data and to prevent unauthorized access by third parties to the user's data.

In order to secure all user data generated during use, the operator creates a daily backup. This backup provides protection against system failures. The user has no right to restore data that he has deleted himself. When and whether the operator recovers data is at the operator's discretion.

§ 11 Warranty/availability

11.1. Guarantee

The operator guarantees that the app is functional and operational and that the user can use the app without violating the rights of third parties. The warranty for material defects does not apply to defects that are based on the app being used in a hardware and software environment that does not meet the necessary requirements or for changes and modifications made by the user without being entitled to do so by virtue of law, contract or prior written consent from the operator.

11.2. availability

For technical reasons beyond the control of the operator, app failures may occur. In this case, the operator guarantees to do everything possible to restore availability as quickly as possible. The operator has taken preventive measures under 10.4.

§ 12 Support and customer service

The operator will answer inquiries (via ticket system or e-mail) from the customer regarding the use of the contractual software as quickly as possible after receipt.

§ 13 Notices

All notifications must be sent in writing to the addresses provided. Sending via e-mail meets the written form requirement. The contract partners are obliged to immediately notify the other contractual partner of changes of address; otherwise, notifications received at the last known address will be considered legally effective.

§ 14 Final Provisions

14.1. Subject to mandatory international private law regulations, the contract existing between the contracting parties is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The place of fulfilment is Regensburg.

14.2. Claims made by the operator can only be offset against undisputed or legally established claims.

14.3. Unless otherwise agreed in writing in individual cases, the operator's general terms and conditions apply exclusively. The user's general terms and conditions deviating from this are considered contradicted and excluded.

14.4 These terms and conditions are valid from 16.09.2020

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