The mobile application Advent App ('Advent App') is a service and product provided by Pintumo UG, Eisenacherstr. 116, 10777 Berlin ('Pintumo UG'; 'we'). With Advent App you can create and consume personalised Advent calendars including pictures, text, links and other digital content, like embeded videos or animated images (gifs).
Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using Advent App. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively 'You' or 'Your') and Pintumo UG (each separately a 'Party' and collectively the 'Parties') as of the date you download the Advent App. Your use of Advent App is subject to this EULA. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Pintumo UG.
By accessing or using the services or applications offered by Pintumo UG you agree to be bound to these Terms. You conclude an agreement with us by installing a mobile application of Pintumo UG on your smartphone.
To see on which devices and operating systems our application Advent App runs please check the current information in the iTunes Store and the Google Play Store.
You agree that you will not use Advent App if you are under 13.
2. Offer of Advent App
Advent App allows arbitrary third parties to create, give away and consume Advent calendars including pictures, text, links and other digital content, like embeded videos or animated images (gifs) by storing it and making it available within our application. Creating and consuming Advent calendars is cost free in general. Giving away a calendar is cost free in general as well, the user can decide though if he wants the recipient to occasionally have to watch an ad or if the user decides to pay for the calendar and therefore make it ad-free to the user receiving the calendar. Giving away an advent calendar means that we generate an individual link that can be made available to a third person. It is necessary that the person supposed to receive the calendar downloads Advent App to view the calendar. The person giving away the calendar is also responsible to inform the destined person about the gift. Since Advent App only runs on certain devices the person giving away a calendar should verify that the person who is supposed to receive the calendar has a suitable device and operating system at one’s disposal.
Downloading Advent App, creating and viewing advent calendars within the app is free of charge. There can be a charge for submitting (giving away) the calendars created by you to the destined person if you decide to remove ads from your calendar so the receiver of your advent calendar can enjoy the calendar without having to ocasionally see ads. In this case the amount to be paid to Pintumo UG is based on the prices set by Pintumo UG, which are valid at the time of conclusion of the contract. The payment is indicated in the application and agreed by and between contracting parties. All the contractual payments to be made by you shall be understood including statutory turnover tax at the time of purchase.
4. Content rights
All content rights stay with the user. However to perform the service concerned certain rights have to be granted to us. By giving away a calendar the content is made available to third parties. The user automatically agrees that these parties can see download and forward the content. For the purpose of the service Pintumo UG therefore has the gratuitous right to distribute the content.
Pintumo UG is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
Advent App stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that Advent App won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
You should be aware that there are certain things that Pintumo UG will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Pintumo UG cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Pintumo UG cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Pintumo UG cannot accept responsibility.
With respect to Pintumo UG’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Pintumo UG accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Pintumo UG does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
5. Responsibility for content
Any content you make available with Advent App is referred to as User Content. If you create an Advent calendar you are solely responsible for the User Content. Pintumo UG does not accept any liability for the copyright of pictures, texts, songs and other content used in the products offered. You must ensure that you are not infringing any copyright, patent, trademark or any other law before submitting content in the Advent App. You are responsible for all possible consequences of unlawful use of protected data. You must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. Pintumo UG does not control the content posted and does not guarantee the accuracy, integrity or quality of the content. Under no circumstances Pintumo UG will be liable to the content made available by a user. Furthermore we reserve the right to remove User Content that we believe violates these Terms.
6. Liability for Defects
Our liability for defects is reduced to limitations that are not due to the restrictions in availability described in section 2. A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. You are obliged to inform us immediately of the defect in writing or by email.
Irrespective of the above regulation Pintumo UG shall be liable to an unlimited extent for damages to life, body and health which are due to a negligent or willful breach of duty by us, our legal representatives or our vicarious agents, for damages which are covered by the liability according to the Product Liability Act, as well as for all damage which are due to willful or grossly negligent breaches of contract and fraudulent intent.
You are responsible to regularly back up your data that is stored in Advent App. In case of data loss you can therefore reconstruct your own data.
You use Advent App at your own risk. Even though we try to keep it bug-free and save we do not guarantee that Advent App will always be safe and error-free. Furthermore we do not guarantee that Pintumo UG services will always function without disruptions.
8. Place of Jurisdiction
The sole place of jurisdiction for both parties for all disputes arising directly or indirectly from the contractual relationship shall be Berlin, Germany. We are, however, also entitled to take the customer to court at his general place of jurisdiction.
9. Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2020-06-30
10. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at firstname.lastname@example.org.