TERMS AND CONDITIONS
We, Familynet GmbH, Karl-Marx-Strasse 66, 14482 Potsdam (referred to as “Familynet” and “we” in the following statements), have developed the application Looping (referred to as “Looping” in the following statements”), which can be downloaded and used online at www.go-looping.com and in the Apple App Store and Google Play Store. Looping is an organization tool for managing appointments. Looping can be operated and used worldwide by end devices and most current operating systems of iOS and Android Quickly, completely and user-friendly.
1. Scope of Looping
1.3 We reserve the right to offer for purchase additional services to users on Looping. Users are natural persons who conclude a legal transaction for a purpose which cannot be attributed to either their commercial or their self-employed professional activity.
2. Subject of matter of the contract: scope of Looping’s offer
2.1 The object of the contract is the free use of the Looping application (referred to as “App” in the following statements). All the data is stored in the cloud and can therefore always be retrieved from different end devices. The form and end devices on which you can use Looping can be found on the respective download pages or in the Apple App Store and the Google Play Store. Looping allows you to use different applications:
Each registered user has their own profile, which they can personalize. Each user profile contains some of our pre-installed tools and features, which helps you to connect with other users, make appointments and plan.
If you are logged in via your Facebook account, you can invite people not yet registered to Looping via your friends list.
You can also invite unregistered people to Looping by entering their email address and/or mobile number.
2.2 With Looping, we offer you an application that also enables independent networking among users. For this purpose, we provide you with the technical requirements in the form of applications. We do not participate in the content of networking and communication.
2.3 Looping is available to you 24 hours a day, 265 days a year with an availability of 90% annual average (“SLA”) (“System Runtime”). If maintenance work is required and Looping is therefore not available, we will inform you of this. Looping failures due to maintenance work will not be credited against the SLAs. We are not responsible for internet/network related downtimes and especially not for downtimes during which Looping cannot be reached due to technical or other problems beyond our control (e.g. force majeure, fault of third parties, etc.).
2.4 The app is available as a free version.
3. Registration, conclusion of contract, use of Looping: rights and obligations
In order to use Looping’s services, you must be at least 13 years of age or the minimum age required in your country to use our services. If you are not the minimum age required to use Looping and the associated acceptance of our terms and conditions in your country, you must obtain parental or guardian consent on your behalf.
3.1 Download Looping
You can download Looping as a mobile app for most iOS devices from the Apple App Store and most Android devices from the Google Play Store.
3.2 Registering and concluding the contract
3.2.1 In order to use the functionalities of Looping, you must register.
3.2.2 We offer various registration options. You are free to choose which of these options you want to register with.
3.2.3 In order to register with Looping, you must provide the required information truthfully and completely, unless it is marked as voluntary. You must give yourself a username, enter your mobile phone number and an email address where we can reach you. Once you have registered, we will send you a confirmation of your registration by email and a verification code by SMS, which you must enter to complete the registration process successfully.
3.3 Contractual relationship
There is no entitlement to the conclusion of a contract of use. We can reject your registration request at any time without giving reasons. In this case we will of course delete all information and data you have already provided.
3.4 You may use all free features of Looping free of charge. We reserve the right to offer the app for a fee in the future or to integrate individual functions for a fee. Your prior consent is required for the use of these paid services. No future payment obligations arise for you from the use of the free Looping service.
3.5 You are responsible for keeping your password secret. This means that you must keep your password secret for access, must not pass it on, must not tolerate or allow third parties to know it and take the necessary measures to ensure confidentiality. In the event of any misuse of loss of this information or any suspicion thereof, you are obliged to notify us immediately by e-mail at the following e-mail address: firstname.lastname@example.org.
3.6 Rules for the use of Looping
3.6.1 When using Looping, you must comply with all applicable laws and regulations of the Federal Republic of Germany. In particular, you may not post and/or disseminate any data or content, such as texts, images, graphics and links, that violate any laws or regulations that violate the intellectual property rights or other rights of third parties. You are responsible for the data and content you provide. We do not check the content for correctness, freedom from viruses or virus processing.
3.6.2 You have the possibility to upload a profile picture and other content in your profile. Before uploading any photo, you are obliged to ensure that you have the exclusive right to use the photo and that the public accessibility of the picture or other content does not violate legal regulations, morality and/or the rights of third parties.
3.6.3 You may not upload and/or make publicly available any files containing depictions of violence, pornographic, discriminatory, offensive, racist, defamatory or any other illegal content or depictions. Pictures or photos with persons other than you may only be used with the consent of such persons.
3.6.4 You and we may delete or replace posted images and files at any time. In particular, we are entitled to remove images or files without prior notice if and to the extent that there are concrete indications that publication on Looping violates statutory provisions, morality and/or the rights of third parties.
3.6.5 Content and texts posted on Looping may not be copied, distributed or otherwise made publicly available without the consent of the copyright holder -unless this is permitted by law.
3.6.6 Harassing actions such as sending chain letters or offensive or sexual communication need to be avoided.
3.6.7 It is forbidden to make attacks on the functionality of Looping, such as the mass sending of e-mails (SPAM), hacking attempts, brute force attacks, the use of or sending of espionage software, viruses and worms.
3.6.8 If you violate these rules, we have the right to warn you, temporarily block you or even completely exclude you from using Looping. We have the right to remove illegal content immediately. If there is an important reason, familynet reserves the right to terminate your contract and delete your user account. Repeated violations of the General Terms and Conditions despite repeated warnings by familynet or intentional misrepresentations in the context of registration / contract conclusion are important reasons that authorize familynet to close your account.
3.7 Exemption from liability
3.7.1 You indemnify us against all claims, including claims for damages, brought against us by other users or other third parties, including authorities, for infringement of their rights by the Content you post on Looping. You will also indemnify us against all claims, including claims for damages, brought against us by other users or other third parties, including authorities, for infringement of their rights by your use of Looping. You assume all reasonable costs, including reasonable legal defense costs, incurred by us due to an infringement of third party rights by you. All further rights and claims for damages by us remain unaffected. You have the right to prove that we have actually incurred lower costs.
3.7.2 The above obligations shall only apply if you are responsible for the infringement in question, i.e. if you knowingly or intentionally failed to exercise the care required in traffic.
3.8 Data backup
You will take appropriate precautions to back up the data and content you have entered, uploaded and stored as part of Looping on a regular basis and in accordance with the risks involved, and to make your own backup copies in order to ensure that the data and information can be reconstructed in the event of loss.
3.9 Identity of users
It is technically impossible for us to determine with certainty whether a user registered on Looping actually has the identity he claims to have. We can therefore not guarantee the correct identity of the user.
4. Revocation instruction, right of revocation
You have the right to revoke this contract within fourteen (14) days without giving reasons.
The revocation period is fourteen (14) days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (familynet GmbH, Karl-Marx-Straße 66, 14482 Potsdam, Germany) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, e-mail: email@example.com).
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Your right of revocation expires prematurely in the case of contracts for the delivery of digital content not on a physical data carrier if we have begun to execute the contract after you have expressly agreed that we will begin to execute the contract before expiry of the revocation period, and you have confirmed your knowledge that you will lose your right of revocation with your consent upon commencement of execution of the contract.
5. Responsibility for content
5.1 We assume no responsibility for the texts, content, images, data and/or information entered by you and other Looping users or for content on linked external websites. In particular, we do not warrant that such content is true, that it fulfils any particular purpose or that it can serve any such purpose.
6. Term of your usage contract and its termination
6.1 Use of Looping free of charge
6.1.1 The agreement of the free use of the Looping App is concluded for an indefinite period of time.
6.1.2 You can terminate the contract at any time by writing an e-mail (firstname.lastname@example.org) with the notice to delete your account completely. Unsecured data will be lost when you cancel, as we will delete your account completely. We will nog point this out to you again before deletion.
6.1.3 We may terminate the user contract by giving two (2) weeks written notice (e-mail is sufficient).
6.2 In addition, the contract can be terminated by either party for good cause. An important reason, which entitles Familynet GmbH to terminate the contract, is especially if you violate contractual obligations, especially the usage rules of Looping described in section 3.6.
7. Contacting users
7.1 The user agrees that Looping may contact the user during the use of the app in order to send offers from Looping to the user by e-mail, push messages, telephone or postal mail.
7.2 For quality assurance purposes, the user agrees that while using the App and up to one (1) month after deletion of the account, Looping may contact the User by e-mail, telephone or post to improve and expand Looping’s services, in order to obtain information about the user’s satisfaction with Looping’s services.
8.1 The laws of the Federal Republic of Germany shall apply.
This change mechanism does not apply to changes to the main contractual obligations of the parties.