General Terms and Conditions for the purchase of paid content via Quizaxy
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders placed with the online store of
Appaxy UG (haftungsbeschränkt)
Großenhainer Str. 98
Managing Director: Marvin Biedermann
(4) You can access and print out the currently valid General Terms and Conditions on our Website. The text of the contract will not be saved.
(5) You can either register directly on our platforms or (if possible on the respective website) alternatively voluntarily use your Google account for this purpose. In either case, you warrant the accuracy of your data.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.
(2) By clicking on the button under "Order with obligation to pay" you submit a binding offer to purchase (§ 145 BGB / German Civil Code). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) A purchase contract is only concluded when the payment process has been completed and you have thereby immediately activated the use of the purchased service for the intended period.
(4) If you have the technical requirements for use (smartphone and Internet), you will usually receive the online delivery immediately after payment. Since server problems and other technical difficulties are very unlikely, but can never be completely excluded, we give a maximum of 48 hours after payment as guaranteed delivery time.
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§ 3 Prices and virtual currency
(1) The prices stated on the product pages do not include the statutory value-added tax due to the use of the small business regulation. For states outside Germany, other regulations may apply. In each case, the laws of the country concerned will be taken into account. There are no additional shipping, freight or delivery costs.
(2) All prices are given in Euro. If you use a different currency, you agree to pay the additional fee for the transaction.
(3) Only the prices that are displayed to the user in the overview before the confirmed purchase are authoritative. Any other information, especially prices, do not contain a binding offer and are subject to change. Deviating price information on third party websites shall not be binding in the relationship between the parties to the contract.
(4) We offer you for the use of the service optionally and without obligation the possibility to buy "Coins" as virtual currency. This virtual currency is intended exclusively as a framework for action for the use of the services of our websites and is not tied as a credit to real currencies (official currencies of states). The online store of our websites lists which offers can be purchased with "Coins". In addition, you are not entitled to purchase other products or services with "Coins".
(5) The price for the offers in which "Coins" can be purchased are determined in our sole discretion. Prices for the Offers are therefore subject to change. Once purchased, "Coins" are credited to you as part of our service and cannot be subsequently reduced by us without your intervention. Your balance of "Coins" will only be reduced by your own buying behavior i.e. when you buy products with "Coins". Likewise, the "Coin price" of products in the store is basically fixed, so you can plan in advance safely, which services you want to purchase through the "Coins". If the "Coin price" of products should change, the online store for the affected products will be notified at least one month in advance and will display which new price will apply.
(6) You expressly cannot resell the virtual currency to third parties in exchange for other virtual currencies or real currencies. If your account is suspended due to unacceptable behavior as defined in §8 of these Terms and Conditions, you will not be entitled to any form of refund of "Coins" still in your account.
(1) Depending on the platform, payment is made via the respective payment method of the App Store or via Paypal. When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be executed automatically by PayPal immediately afterwards.
(2) The selection of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods.
(3) A functional technical device (for apps a smartphone) is required to use the service offered. An Internet connection (for download) is also required. You yourself are responsible for fulfilling these technical requirements.
§ 5 Terms and Conditions for Subscriptions
(1) User contracts refer to paid content as well as to options for free use (e.g. trial periods, freemium subscription). Each subscription form on our websites provides the respective booked service under the specified conditions (including any trial periods) after purchase.
(2) With the purchase, the customer agrees that the subscription will be automatically renewed monthly from the time of purchase until it is cancelled by the user.
(3) In order to exclude abuse, the user agrees to waive the right of cancellation as soon as the payment has been made.
(4) You may terminate the user agreement (subscriptions and, if applicable, other in-app purchases) at any time with immediate effect and without giving reasons. Click the button provided for this purpose on the account page and confirm the dialog. If you cancel the service only within 24 hours before the next due payment, the booking for a renewal can no longer be canceled. In this case, the service will be available to you for another month and the subscription will be terminated afterwards.
(5) A change to another subscription level can be booked at any time, in which case the current subscription will continue to be valid until the end of the month booked and will then be automatically converted.
(6) The Appaxy UG (haftungsbeschränkt) may terminate the user agreement with a notice period of two weeks.
(7) If a trial period is available, the term shall only apply after the expiry of the trial period if no notice of termination has been given beforehand.
§ 6 Revocation instruction
Expiry of the right of withdrawal
The right of revocation expires in the case of a contract for the delivery of digital content not on a physical data carrier, even if we have begun executing the contract after you
1. have expressly agreed that we shall commence with the execution of the contract
2. by agreeing to this contract, you have confirmed to us your knowledge and agreement that you lose your right of cancellation upon commencement of the execution of the contract (for details see §5).
End of the revocation instruction
§ 7 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB, German Civil Code).
(2) Only our own information and the product description of the supplier are binding for the performance of the goods, but not public promotions and statements of others.
§ 8 Prohibited activities
(1) You may not misuse the software that we provide to you as a provider for illegal activities of any kind. This applies to both paid subscriptions and free circumstances of use.
(2) Our available services are intended for non-commercial use by users. For security reasons, any use for or in connection with commercial purposes is initially prohibited for you. If you are planning such a use, please contact email@example.com and describe your intention to request a written permission from us. The permission is valid if we explicitly allow you to use it from our e-mail address. We have the right not to give you this permission.
(3) If community activities already exist in connection with our service, offensive, sexist, racist, insulting or otherwise inappropriate statements of any kind are prohibited. What is perceived as inappropriate is up to us. Also, inappropriate usernames and linked content are prohibited. If necessary, we will initiate measures such as warnings or the blocking of the user.
(4) Criminally relevant statements such as threats of physical violence or harassment are strictly prohibited. If a member becomes a victim of such statements, he or she should report this to the local law enforcement authorities.
(5) Should the user be banned permanently, we will notify the user in writing by e-mail. There it will be determined bindingly at our discretion whether the suspension is temporary or permanently.
§ 9 Liability
(1) If damage is caused by the use of our service, Appaxy UG (haftungsbeschränkt) shall only be liable if the damage was caused by the contractual use and only in case of intent and negligence on our part.
(2) In the event of negligence on our part, Appaxy UG (haftungsbeschränkt) shall only be liable, subject to a lesser degree of liability in accordance with statutory provisions (e.g. for care in our own affairs)
a) for damages resulting from injury to life, body or health
b) for damages resulting from the not insignificant breach of a material contractual obligation
(obligation of which the fulfilment makes the proper execution of the contract possible in the first
place and on the observance of which the contractual partner regularly relies and may rely); in this
case, however, liability shall be limited to compensation for the foreseeable, typically occurring
The aforementioned limitations of liability shall also apply to breaches of duty by or in
favour of persons whose fault Appaxy UG (haftungsbeschränkt) is responsible for according to statutory
provisions. They shall not apply if Appaxy UG (haftungsbeschränkt) has fraudulently concealed a defect or has
assumed a guarantee of quality, as well as for claims under the Produkthaftungsgesetz (german
Product Liability Act).
§ 10 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We shall endeavor to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings.
§ 11 Data protection
§ 12 Final provisions
a) Place of performance is Dresden, the registered office of Appaxy UG (haftungsbeschränkt)
b) Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Dresden, provided the user is a merchant. Appaxy UG (haftungsbeschränkt) shall remain entitled to bring or initiate legal action or other legal proceedings at the user's general place of jurisdiction.
c) Should one or more of the aforementioned provisions of this user agreement be invalid, the remaining provisions shall remain unaffected.
Status: [February, 2021]
For the preparation of these terms and conditions (originally in german language) a sample was used by HÄRTING Rechtsanwälte www.haerting.de