The following terms of use (hereinafter: "Terms of Use" or "GTC") govern the contractual relationship between the user and APPSTIQ (hereinafter: "Provider", Freundstraße 2a, 42579 Heiligenhaus, Germany), regarding the use of the services offered by the Provider. The services offered (hereinafter: "offer" or “service”) include all applications of the provider as well as other services provided, such as the provider’s website. Additional terms of use may be agreed for certain products. These GTC are also supplemented by our privacy policy and our legal notice.

1. Scope
The business relationship between the provider and the user is governed exclusively by the GTC in the version valid at the time of conclusion of the contract. Deviating terms and conditions of the user are not recognised unless the provider expressly agrees to their validity in writing.
By installing, using, or otherwise accessing our offers, the user agrees to these GTC. If the user does not agree to these GTC, he/she may not install, use or otherwise access our offer.
The offer is only valid within the Federal Republic of Germany. The contract language is either German or English.

2. Subject of matter
APPSTIQ offers different applications for educational or entertainment purposes. Detailed information on a specific application you can find on the project page of our website (appstiq.com). The provider's applications are available via the independent platforms "Google Play Store" (for Android) or/and "Apple AppStore" (for iOS/iPadOS, iOS/iPadOS will be called iOS in the Following) and can be installed from there on compatible mobile devices, such as smartphones or tablets.

As part of his offer, the provider offers the purchase of chargeable products that can be used in or with the provider's applications. The chargeable products are available in the respective applications as in-app purchases. The detailed scope of services of the respective products can be found in the respective app store (Android: "Google Play Store"/iOS: "Apple AppStore") and/or the applications of the Provider.

3. Registration and user account
The creation of a user account is a requirement for the use of the Provider's application offer as well as certain other parts of the offer provided by the Provider. To create a user account, you need either to "sign in with your Google account" or sign in with your Apple-ID using "Sign in with Apple". Therefore, an activated Google account or an active Apple-ID is required for registration.

Once the user account has been created, it will be possible in the future to sign in again to your user account, if you use the third-party account you used for registration at the “sign in with your Google account” or "sign in with Apple" function.

The registration of a user account is free of charge, but each natural person may only register once. Furthermore, the registration of a user account is only permitted if the user is of legal age or, if still a minor, acts with the consent of the legal representative, agrees to these terms of use and other provisions of the provider and if the user fills in the information required for registration completely and correctly, as well as truthfully.

The following provisions also apply to user accounts:
- The user acknowledges that he/she neither acquires nor at any time holds any ownership or other rights at the user account beyond the rights granted in these terms of use.
- The user agrees to update and correct the data provided during registration if they should change in the future.
- The user is strictly prohibited from selling, renting or otherwise transferring his/her user account to another person.
- The user is strictly prohibited from creating a user account with a false identity, false information, in the name of another person or with a non-own Google account / a non-own Apple-ID.
- If his user account is blocked, the user is prohibited from further use of the offer, for example by re-registering via device.

4. Products from APPSTIQ
Within the scope of its offer, the Provider offers the purchase of chargeable products that can be used in or with the provider’s applications. The chargeable products are available in the respective applications as in-app purchases. All products offered by the Provider are digital products. Detailed information about a respective product can be found in the respective app store (Android: "Google Play Store"/iOS: "Apple AppStore") and/or the applications of the provider. Specific terms of use may apply to respective products. The user will be informed separately of additional terms of use.

The scope of services of the products may be changed by APPSTIQ or a third party provider during the term of the contract, if there are justifiable reasons for doing so. Justifiable reasons are, for example, a necessary technical further development of the product or the discontinuation of existing licences with third-party providers. The Provider shall notify the user of such changes by in-app pop-ups six weeks before they take effect. If the user does not object to the changes in writing within this six-week period, the changes take effect for the user. The Provider shall inform the user in the notification of material changes of the consequences of failing to object.

Since the provider's chargeable products can only be purchased as in-app purchases and thus via app stores (Android: "Google Play Store"/iOS: "Apple AppStore") (independent third-party providers), a sales relationship is always established between the respective app store provider and the user/customer. The app store provider's terms of use and contract apply in this relationship between the app store provider and the user.

Subscriptions that have been purchased by the user and are therefore active and fee-required are automatically extended for a further contract period of one month or 30 days until the next billing date if they are not cancelled before. The next billing or renewal date can be viewed in the respective app store of the user and/or the relevant application of the provider.

When you purchase a subscription, you will initially be charged the price that applies at the time you purchase the subscription. If the provider subsequently changes the price of the subscription, the app store provider will notify you. The change will apply to your next payment due after notification, if you have been notified at least 14 days in advance of that next billing. If you are notified less than 14 days in advance, the price change will apply at first to the first payment after your next payment. If you do not wish to pay the changed price for a subscription, you may cancel it at the next billing date.

For provisions regarding the termination of time-bound and time-limited products, such as paid subscriptions, information can be found in section 8 of these Terms of Use.

Paid products will be activated after confirmation of payment by the app store provider and acceptance of the order by the provider.
Invoices, order details and contract information can be viewed, if the products were bought through an in-app-purchase, in the user’s app store. This is the app store the user used to install the respective app.

The Provider reserves the right not to accept orders. This applies to both chargeable and non-chargeable products.

Unless otherwise agreed, prices are quoted in euros and include tax.

Purchased products are bound to the user account used for the purchase and are not transferable. Information on the right to object when purchasing a product from the provider can be found under Section 11c) of these Terms of Use.

It may be possible to get a free trial subscription, which is equivalent to a specific paid subscription within the offer distributed by the provider. The duration of the trial subscription is described during the registration process for the trial subscription. Per user account and per subscription, in the case of an available trial subscription, there is only an entitlement to a one-time use of the trial subscription.

The Provider is entitled at any time to provide offers and discounts in relation to paid products distributed by the Provider; such offers or discounts may not apply to every user account.

5. User Content
Parts of our offer may include various communication platforms and/or chat functions in which the user can transmit so-called “user content”.
"User Content" means all communication, images and all other content, data and information that the user uploads or transmits through the Service, including but not limited to chat text. By transmitting or making available “User Content” while using the Service, the User represents and warrants that such transmission is accurate, non-secret and non-misleading, does not violate any law, contractual restrictions or third party rights, and that he/she has the permission of all third parties whose personal data or proprietary rights are contained in or affected by the Content. In addition, the user represents and warrants that any such transmission or provision is free of any malicious software and agrees that all its personal data contained in such Content may at any time be processed by the Provider in accordance with the Privacy Policy.

User Content may be shared/distributed in certain parts of our Service either "publicly", i.e., for example, within chats, which are freely accessible to all registered users, or "privately", i.e., within certain "private messaging features" with selected registered users.

The Provider is not responsible for the actions of users who provide “User Content” and is not responsible to monitor the Service for inappropriate content or conduct. The use of the offer is at the user's own risk. By using the Service, the User may be confronted to “User Content” that is offensive, indecent, etc. When using the service, the provider's technology may monitor and/or record the user's interaction and communications (including but not limited to chat text) with and through the service in case of "public" distribution of user content. All "private" communications, i.e. any distribution/sharing of user content via "private messaging features" with selected, registered users, are expressly excluded from such practices.

"Publicly" distributed User Content that violates the Terms of Use or applicable laws may be reported by Users who have been exposed to such User Content using available features and may be reviewed by the Provider.

APPSTIQ reserves the right to review, monitor, prohibit, edit, delete, disable access to, or otherwise remove the availability of any "publicly" shared “User Content” for any reason or no reason, without notice. If at any time the Provider decides to monitor parts of the service, it nevertheless assumes no responsibility for any “User Content” and no obligation to modify or remove any inappropriate “User Content”.

Parts of the service may include various communication platforms and chat functions in which the user may transmit “User Content”. The provider cannot guarantee that other users will not use the “User Content” transmitted by the user. Therefore, please always carefully consider which user content you wish to share with other users of the communication platform "privately", and/or also "publicly", and which you do not share.

The user is responsible for his or her “User Content” that he or she distributes via the provider's offer and thus makes available to other users. 

At the same time, by using the offer and distributing “User Content” via the offer of the provider, the user grants the provider an irrevocable, perpetual, transferable, royalty-free, worldwide licence and the right to copy, reproduce, repair, adapt the "publicly" distributed “User Content” and/or works modified and derived therefrom in connection with the provision of the offer, including for marketing and advertising the service, revise, modify, create derivative works from, manufacture, market, publish, distribute, sell, license, sublicense, transfer, rent, transmit, publicly display, publicly perform, make available electronically, broadcast, communicate to the public via telecommunications, display, perform, enter into computer storage, and in any manner use and exploit. The user hereby also grants the provider the right to entrust others with the exercise of the rights granted to the provider under these Terms of Use.

APPSTIQ does not claim any ownership rights in the “User Content” of the user.

The user is responsible for communications with other users and any other parties with whom the user communicates through the service. Without any obligation to do so, the provider reserves the right to participate in "public" conversations in any way, for example by moderating them. Part of the moderation of "public" conversations by the provider may also be, in particular, automated chat messages sent from a user account managed by the provider.

6. Advertising
By using our offer, the user may see advertising content from our advertising partners within parts of our offer. In addition, certain parts of the offer, including applications that can be downloaded free of charge, may contain advertisements from third parties that may redirect the user to a third-party website. The provider is not responsible for the content on these third-party websites. The respective provider or operator of the pages is only responsible for those contents on these pages.

Further information can be found in our privacy policy under the section "Advertising". By using our offer, the user guarantees that he/she agrees to our privacy policy in full, but also in particular with regard to the aspect of advertising.
APPSTIQ is not responsible for the products or services of third parties shown in advertisements of our advertising partners.

7. License / Right of Usage
Based on the acceptance of and continued compliance with these GTC, as well as the acceptance of any other policies of the provider, the provider grants the user, whether with a user account or without, a limited license to use the offer for non-commercial use. This granted licence is non-exclusive, non-transferable, and non-sublicensable.

In addition, the following restrictions also apply to use the provider's offer:
- The user assures when using the offer that he is at least fourteen (14) years old. Users, and in particular parents, are obliged to prohibit children from using the offer and to deny them any access to it. Parents shall be fully responsible for the intentional actions of their children who are unauthorised users in connection with the Service.
- The user may only use the service for non-commercial purposes.
- The user is prohibited from using the offer for advertising, any kind of spam or misleading and offensive communication.
- The user is prohibited from disrupting or overloading the servers of the offer. It is also prohibited to assist in planned attacks on the provider's systems or to support them in any way. Prohibited methods include, for example, DOS attacks or viruses.
- The user is prohibited from attempting to gain access to other user accounts by any means. Furthermore, it is prohibited to use, publish or attempt to use private information of other users without authorisation.
- The user is prohibited from gaining access to the offer by any means other than those provided by the provider and thus circumventing security concepts or procedures of the software.
- The user is strictly prohibited from publishing content via the provider's offer that is threatening, racist, offensive, sexist, pornographic or otherwise unlawful. This also includes content that shows or links to excessive violence, radical propaganda or otherwise offensive material.
- The user is strictly prohibited from disseminating links via the provided offer.
- It is also prohibited for the user to distribute or publish content within the framework of the use of the offer that violates the copyrights, trademark rights, patent rights, the right to privacy or the right to publicity of third parties.
- The user is strictly prohibited from specifically reproducing the source code of the applications or services contained in the offer, decrypting and disclosing it or obtaining unauthorised data in connection with the offer.

8. Term / Termination / Deactivation / Deletion
The provider may restrict, block, delete or modify user accounts or access to them in case of a violation of these terms of use or such suspicion.

In addition, the provider reserves the right to terminate user accounts that have been inactive for more than 180 days in the case of an ongoing subscription at the next billing date or, if there is no current subscription, to deactivate or delete them. Users will be informed of the application of this right in advance.

The provider may also take legal action to block access (permanently or temporarily) to the services concerned if there is an urgent suspicion that a user has violated any of the provider's policies.

The provider reserves the right to discontinue the provision or support of the Service or any part thereof at any time. The provider will inform the user in good time in the event of such a case. The licence of use granted to the user by the provider as well as access to purchased (time-bound) products (such as in-app currency or subscriptions) shall automatically end at the time of discontinuation. In such cases, the provider is not obliged to pay damages, refunds or further payments in this regard.

The contract for the use of the offers is concluded for an unlimited period in the event of the creation of a user account. The user is entitled to have his user account marked for deletion at any time. In the case of an ongoing subscription, the subscription linked to the user account will be terminated at the next billing date and the user account subsequently deleted. If no subscription is active, the user account will be deleted immediately. Further rights for the user can be found in our privacy policy. Functions for the termination or deletion of user accounts and the termination of paid subscriptions are provided within the respective parts of the offer (e.g. our applications).

In the event of a deletion/cancellation of the user account by the user, or in exceptional cases (see above) in the event of a deletion, deactivation, blocking or cancellation of the user account by the provider, the usage licence granted by the provider to the user as well as the access to purchased (also time-limited) products (such as in-app benefits or subscriptions) shall expire completely, either permanently (in the event of deletion/cancellation) or temporarily (in the event of deactivation or blocking). In such cases, the provider is not obliged to pay damages, refunds or further payments in this regard.

The Provider is entitled to terminate time-limited products, such as paid subscriptions, at any time and without giving reasons and at its own discretion at the next billing date. In the event of permanent deletion/cancellation of a user account by the provider, existing subscriptions will be cancelled at the next billing date. 

If the user has not paid at least two (2) monthly fees when using an active subscription, the provider is allowed, after unsuccessful reminder, to temporarily block access to corresponding parts of the offer until the fees are fully paid. The provider will inform the user of the intended date for the temporary blocking as part of the threat. The temporary blocking does not affect the user's obligation to pay.

Paid subscriptions offered as part of the service can be cancelled at any time at the end (24 hours before expiry) of a billing period via the app store the user used to buy the subscription. The next billing or renewal date can be viewed in the respective app store and/or the relevant application of the provider. The contract period for subscriptions is one month or 30 days.

9. Limitations of warranty and liability
The provider cannot guarantee uninterrupted accessibility of the offers and accepts no liability for the temporary failure of the offer or its parts, whether for technical reasons or other reasons, such as force majeure or the fault of third parties, etc., which the provider has no direct influence on. Short-term outages due to maintenance work will be announced if possible but are possible at any time.

Complaints can be made via e-mail to support@appstiq.com.

The statutory provisions shall apply unless otherwise agreed. The provider is therefore liable for injury to life, limb or health and generally for all damages based on intent or gross negligence or in the case of mandatory statutory liability (e.g. under the Product Liability Act) in accordance with the statutory provisions.

10. Dispute resolution and applicable law
In the event of disputes between the user and the provider, we strongly suggest that the user first contacts support@appstiq.com with his or her concern to find a solution. These terms of use and the entire legal relationship between the provider and the user shall be governed exclusively by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all legal disputes arising from or in connection with the contract is Düsseldorf, if the user is a merchant, a legal entity under public law or a special fund under public law. The same place of jurisdiction shall apply if the user does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after the conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought.

11. Final provisions

11a) Assignment
The provider may assign or transfer the service, in whole or in part, to any person or entity at any time with or without the user's consent. Users will be informed of this in advance. Users may not assign or transfer any rights or liabilities under these Terms of Use or the Privacy Policy without the written consent of the provider.

11b) Changes
The provider is allowed to make changes or additions to these GTC at any time, provided that these changes are not unreasonable for the customer. A registered user will be informed of changes at least six weeks before they take effect the next time an application is used. If the user does not object to the changes within the period of at least six weeks, the changes shall take effect. If the user objects to the newer version of the terms of use or any other provisions of the provider, the licence of use of the user concerned shall expire. Use, installation, or other access is not permitted if the user does not agree to the provider's provisions.

11c) Right to object / Refunds
Users and/or consumers are granted a statutory right to object. But it should be noted that all offered products of the provider are digital products. The right to object expires if the execution of the contract has been started by the provider before the end of the revocation period and the user has agreed to this execution in advance. By agreeing to the provider's GTC, the user also agrees to this execution.

With the purchase of products from the provider, all of which can only be purchased via app stores (Android: "Google Play Store“/ iOS: "Apple AppStore“), the legal right to object expires (according to BGB § 355 & 356), as the products offered by the provider are always digital products and thus the service/delivery was started before the withdrawal period expired and the user has agreed to this execution of the contract. From the developer's side, all purchases of products are therefore final and non-refundable. A customer may still be entitled to a refund of his in-app purchase in accordance with the refund policy of the relevant app store/associated app store operator:

• Android: Google Play refund policy: https://support.google.com/googleplay/answer/2479637
• iOS: Ask for a refund on Apple's website: https://support.apple.com/en-en/HT204084

11d) Severability clause
In case any provision in this GTC shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

11e) Copyright
The provider holds all rights and legal claims to the software distributed by the provider. Therefore, the provider reserves all rights in and in connection with its applications, its software and the further offer, in particular all copyrights and industrial property rights as well as other property and proprietary rights or proprietary rights.

Effective Date: March 5, 2022