Baltoo Terms and Conditions
§ 1 Preface
Ipifani SOFT UG (haftungsbeschränkt) provides the Baltoo platform which offers a variety of services related to house pets, which can be used on Baltoo’s website/app and mobile application available on the iTunes App Store as well as the Google Play Store.
Services offered include registration of a user account, participation in forums, access to uploaded information from other users and purchase of digital advertising products.
• The “Provider” is referred to as the Baltoo platform from Ipifani SOFT UG(haftungsbeschränkt), Bienenweg 22 ,40764, Langenfeld
• The “User” is referred to as a registered user on the Baltoo platform
• The “Visitor” is referred to as non-registered user on the Baltoo platform
§ 2 Terms of Service Scope
2.1: The Provider services are exclusively connected to these Terms and Conditions.
2.2: These Terms and Conditions do not apply for any other service provider which is in connection with our platform, as well as connectivity to the internet.
2.3: A link to the Terms and Conditions are posted on each of the providers platforms, e.g., mobile app / website.
2.4: These Terms and Conditions do not apply to the App store in which the provider’s mobile application was downloaded.
§ 3 Sales Contract
3.1: The transaction between the Provider and the User of sold goods and digital adverts is concluded when “finalize purchase” is clicked on the website and the user has either received his or her ordered product, or the ordered advert becomes active.
3.2: The hereby concluded sales contract is binding and the buyer accepts these terms. Customer confirmations with regard to the customers` own terms and conditions are only binding if they are recognized explicitly and in writing by the provider.
3.3: When a transaction is complete, the customer will be sent an invoice in PDF format.
§ 4 Limited License for Service Use
4.1: Subject to your compliance with this Agreement, the Provider grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.
4.2: The terms of this Agreement apply to all updates applied from the Provider, unless the update is accompanied by a separate license, in which case the terms of that license will stand.
4.3: The provider reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of this Agreement.
4.4: You agree not to –
• use our Service for any use or purpose that is not granted in this license.
• use the Service for creating a product, service or software which is competitive with the provider.
• use automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Service;
• gain unauthorized access to the Service, other users’ accounts, names, passwords, personally identifiable information, or other computers or website;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights of use and enjoyment of the Service by any other person, firm or enterprise;
• send or transmit junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”
• use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ipifani SOFT UG (haftungsbeschränkt) or its licensors, except for the permissions and rights expressly granted in this Agreement.
§ 5 Details of the services
5.1 The Provider offers a variety of services related to house pets, which can be used on Baltoo’s website and mobile application available on the iTunes App Store as well as the Google Play Store.
5.2 The Provider makes the Baltoo App available via online shops, in which it can be downloaded (e.g., iTunes or Google Play).
5.3 It lies with the responsibility of the User to enable the usage of the Baltoo App on his mobile device. This includes in particular to ensure that the mobile device is connected to the internet and fulfils the minimum system requirements for the Baltoo app. The User has to download and store software, supplied by the Provider, locally on his or her mobile device to use all features in the mobile application. The Provider offers no support regarding configuration and installation of the needed software.
§ 6 Registration
6.1: In order to use of all of the provider’s services inside of the mobile application and(or) web applications, the User must first register an account with the Provider. The registration can be conducted after the download of the mobile application on the mobile device of the user, or on the provider’s web application. After registration, the User receives a confirmation email. To complete the registration, users must read and confirm these Terms and Conditions.
6.2: For the registration, the User has to fill out all required fields in the registration form. All data in the form have to be complete, correct and valid. The User has to provide a current and valid email address under which he or she can be contacted.
6.3: Within the registration the User may choose his or her username. The choice of a username with pornographic, racist, inciting, war or violence glorification, abusive, or other unlawful content is forbidden. A violation entitles the Provider to immediately block the user account.
6.4: A registered account can be permanently removed by contacting the Provider. The account can only be removed by the Provider or the User himself/herself.
§ 7 Visitors
7.1: Unregistered visitors are not granted access to the provider’s service in our mobile application, however a visitor may access limited services on our web portal without prior user registration.
7.2: These Terms and Conditions apply to visitors as well as registered users.
§ 8 Users
8.1 After successful registration, users are granted access to our services in our mobile and web applications. Every user will have the ability to upload content which is available for other users to see.
8.2 Every User may only use his own account for uploading content in the providers services.
8.3 Upload content from users may not contain pornographic, racist, inciting, war or violence glorification, abusive, or other unlawful content. A violation entitles the Provider to immediately block the user account.
9.1 The User is not authorized to use software or other measures in connection with the app, that can disturb or modify its functionality. The User may not carry out measures that lead to an unacceptable or excessive load of the technical capacities of the Provider. Especially, it is not allowed to block, overwrite, or modify Provider generated content, unless the Provider declares his prior consent in written form.
9.2 The User is not authorized to add elements to the software of the app or to modify or delete elements of the software in any way, unless he is authorized explicitly by the Provider in written form. In particular, the User is not authorized to copy, extract or use graphical elements of the app or to decompile the source code.
9.3 The User is not permitted to use the services for commercial or illegal purposes
9.4 Furthermore, the Users are obliged to observe the legal regulations, in particular not to divulge pornographic, racist, offending, war glorification, or other unlawful content, as well as content that is capable of violating the rights of third persons. The User commits him- or herself not to use legally protected terms, names, pictures, video, music, games, or other material in unauthorized manner. The provider may delete such content.
§ 10 Obligations
10.1 The User is obliged not to submit content that is unlawful or violates public policy. This means especially racist and violence glorification content, content that is capable to severely demoralize children and adolescents or to impair their well-being, as well as content that can damage the Provider’s reputation. Also, the User may not advert to such content.
10.2 In case of violations of paragraph 10.1, the Provider is entitled to delete the violating information. The Provider is entitled in particular to delete uploaded information, if concrete indications for a violation of this Terms of Service or the uploaded information is otherwise unlawful.
10.3 In case of an infringement by the User the Provider is entitled to suspend the User’s access to his Account temporarily or permanently. A prior notice with the threat of suspension is not necessary if special circumstances justify the immediate suspension of the Account by weighting the interests of the Provider and the User. The suspension of access includes the right to immediately delete all data and information related to the excluded User. The Provider explicitly reserves the right to enforce further claims, especially claims for damage compensation.
10.4 The Provider is not obliged to restore deleted information.
10.5 The User will keep all account data, needed for participation in the Provider’s services (login data, passwords, etc.), strictly confidential and will not disclose this information to third parties, except the Provider has declared prior consent to the transfer of the account in written form. The Users are obliged not to use the account, the account name or the password of another User without authorization under any circumstances. If a third party uses an Account after he has come into possession of the login data because the User has not sufficiently protected the access data, such access shall be considered as an access by the User him- or herself.
10.6 The User is obliged to inform the Provider promptly, as soon as gaining knowledge of third persons, obtaining knowledge of their login data. Passwords have to be changed regularly for security purposes. Furthermore, the Users are obliged to inform the Provider, as soon as they gain knowledge of abusive use of the offered services by third parties or other Users.
10.7 In case of a reasonable suspicion of unauthorized knowledge of login data by a third party, the Provider is entitled, but not obliged, to change the login data within his sole discretion or to suspend the usage of the account for security purposes. The Provider will promptly inform the rightful User and will, upon request, communicate new login data within reasonable time. The User cannot claim for restoration of his initial login data.
10.8 The systems are protected against virus attacks by the Provider. However, a virus infection can never be excluded entirely. Furthermore, unauthorized third parties may send e-mails in the name of the Provider without its consent. These e-mails may contain viruses, so-called spyware, or link to web-content containing viruses or spyware. Provider does not have any influence on such e-mails. Therefore, Users should inspect all incoming e-mails, that have been sent in the name of the Provider. This also applies to e-mails of other Users.
10.9 The Provider is not liable for possible damages or data loss on the mobile device of the User, caused by the installation of software, not originating from the Provider.
10.11 The Provider will generally communicate with the Users via e-mail unless otherwise set out in this Terms and Conditions or in other agreements. Therefore, the Users have to ensure that they can be contacted via the e-mail address submitted during the registration or later. This has to be ensured, inter alia, by selecting the correct preferences of the spam filter and checking the e-mail account regularly. The Provider reserves the right to choose a different form of communication.
10.12 The Users are not entitled to assign the contractual rights to third persons.
§ 11 Intellectual Property Rights
11.1 The content found in the Provider’s services websites and apps are exclusive property of the Provider or the respective licensor. Any unauthorized distribution, copying, reproduction, or any other violation of intellectual property rights are subject to criminal and civil prosecution.
11.2 All rights in uploaded user content (texts, files, pictures, photos, video, sounds, music, copyrighted or other material) remain with the respective owners. By uploading information to the platform, the User grants the Provider a nonexclusive, gratuitous und at any time revocable license, to make the content publicly accessible to third parties worldwide on the Baltoo platform. By uploading content, User explicitly declares his or her consent. Provider does not obtain any further rights to use the content. The license expires as soon as the User deletes his or her uploaded content from the platform.
§ 12 Data Protection
12.1 The Provider commits himself explicitly to the protection of user privacy and respects the applicable data protection laws for data processing. Further information can be found on the Data Protection Declaration on the website of the Provider.
§ 13 Responsibility for Third Party Content
13.1 The Provider provides his Users a platform for mutual communication among users. Users are responsible for the content of this communication, as well as for any other content published by Users on the website of the Provider. The Provider does not have any control about this content, however the Provider does periodically review all content. This content is deemed to be third party content pursuant to paragraph 10 of the German Telemedia Act (“Telemediengesetz – TMG”) and solely represents the personal opinion of the respective User. The Provider neither makes this content his own content, nor approves it. This also applies to any content which violates any third party rights. The Provider is not liable for this content and, in particular, not for its correctness, completeness and reliability. In case of the provision of links to other websites operated by third parties, the Provider is not responsible for the content of the linked websites. The Provider does not approve these websites. As soon as the Provider obtains knowledge of any infringement of the law, the Provider will immediately remove the link in question, as well as remove the according link. The providers of these websites are solely responsible for their contents.
§ 14 Specification/ Defects
14.1 The Provider provides access to the services in the respective version. Users are not entitled to claim maintenance or procurement of a specific function or functionality of the services from the Provider. Users are aware and acknowledge that the website and the app and additional services can never be completely free of any defects, like any software. Therefore, a defect is only given, if the services or the usage is severely impaired.
14.2 Liability is generally excluded for defects which are based on external influences, handling errors for which Users are responsible for, force majeure, changes which were not performed by the Provider, or other manipulations.
14.3 The Provider does not grant any guarantees.
§ 15 Liability
15.1 If services are provided free of charge, the Provider is not liable for damages other than damages caused by gross negligence or intent.
15.2 As far as services are provided for remuneration, the Provider is subject to liability in case of gross negligence or intent. In case of slight negligence, the Provider is only liable for a violation of the essential, contractual obligations, or a violation of a guarantee. Essential, contractual obligations, so called cardinal obligations (“Kardinalpflichten”) in terms of jurisdiction, are obligations, that render the execution of the contract possible and on which the User may rely on.
15.3 The preceding limitations of liability do not apply to the liability for harm of life, body and health or in case of the adoption of a guarantee by the Provider. The product liability in terms of the German Product Liability Act (“Produkthaftungsgesetz – ProdHaftG”) as well as within the scope of paragraph 44a of the German Telecommunications Act (“Telekommunikationsgesetz – TKG”) remains unaffected.
15.4 The obligation for compensation of damages caused by slight negligence of essential, contractual obligations is limited to the foreseeable damage.
15.5 The preceding limitations and exclusions of liability also apply to the liability of employees, coworkers, representatives, and vicarious agents of the Provider, in particular in favor of shareholders, employees, vicarious agents, institutions and their members concerning their personal liability.
15.6 The Provider is only liable for damages which occur after advising on questions if the questioning concerns of its services.
15.7 Any liability exceeding the liability as set out in this section 15 of the Terms and Conditions is excluded. This applies to all claims for violation of contractual obligations and tortious acting.
15.8 The provisions in this paragraph 15 of the Terms of Service do not imply any change of proof of burden to the detriment of the User.
§ 16 Final Provisions
16.1 If any provisions are changed or removed, the remaining parts of this Terms of Service still apply.
Langenfeld, DE – 17.10.2017