These General Terms and Conditions („GTC“) shall apply between
Gonzalo Gabriel Gonzales Essenwanger
Semperstrasse 93, 22303 Hamburg
and users of the software for mobile devices („Apps“) offered by talkie walkie. These T&Cs govern the terms and conditions for the download and use of the various Apps. By using our apps, the user agrees to these GTC.
- user requirements
The range of functions of the apps may differ depending on the operating system. The functions are described in the respective app store such as iTunes, Google Play, etc. (hereinafter for all „App Store“). The hardware and firmware requirements for operating the app on end devices are listed in the App Store.
talkie walkie will provide app updates to the extent required by law in accordance with Section 327f of the German Civil Code (BGB). Talkie walkie reserves the right to make any further updates at its own discretion.
In order for the user to be able to download current content to his device with the help of the apps, talkie walkie requires a stable Internet connection of the user’s end device. After downloading content within an app, the user can use the content independently of an Internet connection (offline).
talkie walkie reserves the right to change an app at any time in a manner that is reasonable for the user, e.g. in order to develop it further and improve its quality. This applies to both technical and content-related further developments.
- in-app purchases and subscriptions
Using the app, the user can access current content in the form of a self-renewing in-app subscription („subscription“). The available terms are displayed in the order options. A Subscription includes the updating of the regulatory content via an update service.
Billing (see Section 4. Payment Processing) and management of the subscription are carried out exclusively via the user’s App Store account. The contract for the (in-)app purchase and the subscription is concluded between the user and the respective App Store operator.
The subscription automatically renews after the minimum contract period expires. Automatic renewal can be turned off up to 24 hours before expiration via the account settings in the App Store.
A subscription can be terminated via the account settings in the App Store. After the subscription is terminated, you can continue to use the rules you have already downloaded. Content is not updated after the subscription is terminated, nor is access to versions of content that precede the last downloaded version.
- payment processing and right of withdrawal
Payment processing for paid apps and in-app purchases takes place directly with the app store operator via the user account.
- content backup
talkie walkie does not guarantee that entries in the app’s personal watch list (e.g. notes, bookmarks, etc.) are permanently saved. Especially after updates, these may no longer be available.
- limitation of liability
talkie walkie applies the care usually to be expected of a publisher in the selection, maintenance and up-to-dateness of the content. However, talkie walkie does not assume any liability for the correctness, up-to-dateness and completeness of the content provided and its selection and compilation. This applies in particular to the extent that talkie walkie is dependent on the supply of texts by third parties.
Insofar as the availability of the app is dependent on the services of third parties (in particular telecommunications providers), talkie walkie assumes no liability for the availability.
talkie walkie sticks
- without limitation in the event of intent or gross negligence,
- for injury to life, limb or health,
- in accordance with the provisions of the Product Liability Act as well as
- to the extent of any warranty assumed by the Contractor.
In the event of a simple negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), talkie walkie’s liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
There shall be no further liability on the part of talkie walkie.
- property rights
talkie walkie reserves all rights, in particular copyright and trademark rights, to the Apps and all content provided within the Apps.
In particular, the compiled contents of the app are database works specially produced by talkie walkie, specifically databases within the meaning of Sections 4 (2), 87a (1) UrhG and, where applicable, speech works pursuant to Section 2 UrhG. The associated programs are also protected by copyright as code under Sections 69a et seq. of the Copyright Act.
By downloading an app, the user acquires a non-exclusive and non-transferable license, limited in time to the duration of the installation, to download, install and use the app on any compatible end device owned or controlled by the user. The right of use also includes any updates (upgrades, patches, etc.).
The user acquires a simple and non-transferable right of use to the content retrieved in the app. The right of use entitles the user to download the content to his end device and to consume the content. It is limited in time to the period of use agreed for the respective content. In particular, the right to use old versions of content in the case of subscriptions ends with the end of the subscription.
The user is not permitted to decompile, reverse engineer, disassemble an app, attempt to derive the source code, decrypt the source code, modify or create derivative works of the app or its content or reuse it in other software. This is without prejudice to the mandatory statutory provisions under § 69a et seq. of the German Copyright Act (UrhG).
The copyright restrictions remain unaffected.
- final provisions
Subsidiary agreements, amendments or supplements must be made in text form to be effective. This also applies to the cancellation of the text form.
German substantive law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of performance is the registered office of talkie walkie. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims in connection with the business relationship shall be the registered office of talkie walkie. talkie walkie shall also be entitled to file suit at the general place of jurisdiction of the user.
In the event that the user relocates his or her domicile or usual place of residence outside the territory of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement shall be the registered office of talkie walkie. The same shall apply if the user has his domicile or habitual residence abroad.
Deviating or supplementary terms and conditions of the user shall not become part of the contract unless talkie walkie has expressly agreed to their validity.
The EU Commission provides an Internet platform for the online settlement of disputes („ODR platform“) at https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of such disputes arising from online purchase contracts. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.