Terms & Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software applications provided by the Company — Moment, Focus, and Filter — downloaded by You on any electronic device from an Apple app store.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Germany
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Meaningful Things GmbH & Co. KG, Gartenstr. 49, 72074 Tübingen, Germany.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• Service refers to the Application.
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to the website of the Company, accessible from https://meaningful-things.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You must be at least 16 years old to accept these Terms and Conditions yourself. If You are younger than 16, You may use the Service only with the consent of a parent or legal guardian — for example, when the Service is made available to You through Apple Family Sharing.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Purchases Through Apple

All purchases and Subscriptions are made through Apple’s App Store. For customers in the European Union, the merchant of record and Your contractual partner for the purchase transaction is Apple Distribution International Ltd. Any statutory right of withdrawal for purchases is granted and handled by Apple; You can exercise it within fourteen (14) days of purchase directly with Apple via https://reportaproblem.apple.com.

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it.

Subscription Cancellations

All Subscriptions are purchased through Apple’s App Store and are managed by Apple. You may cancel Your Subscription renewal at any time in the subscription settings of your Apple Account. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

All billing is handled by Apple through your Apple Account. The Company does not collect or store any payment information.

Free Trial

The Company, at its sole discretion, can offer a Subscription with a free trial for a limited period of time (“Free Trial”).

Free Trials are offered through Apple’s App Store. Unless you cancel your Subscription in the subscription settings of your Apple Account before the Free Trial ends, you will automatically be charged by Apple the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

Price changes are administered by Apple. You will be informed in advance of any change, and where Apple’s policies or applicable law require it — including for subscription price increases in Germany — the change takes effect only if You expressly consent to it via the App Store. If You do not consent, Your Subscription will not renew at the next billing period.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Because all purchases are processed by Apple, refund requests are decided by Apple. You can request a refund from Apple at https://reportaproblem.apple.com.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice, if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

The Company is liable without limitation for damages caused intentionally or by gross negligence, and for injury to life, body or health.

In cases of simple negligence, the Company is liable only for damages resulting from the breach of essential contractual obligations — obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment You may regularly rely. In such cases, the Company’s liability is limited to the damage that is foreseeable and typical for this type of contract.

Liability under the German Product Liability Act (Produkthaftungsgesetz) and any other mandatory statutory liability remains unaffected.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Medical Disclaimer

Our apps are not medical devices and do not provide medical advice. Content in the Service is intended for general information purposes only and is not a substitute for professional medical advice based on your individual condition and circumstances.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other applicable national or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

For European Union (EU) Users

As a consumer in the European Union, You benefit from any mandatory provisions of the law of the country in which You are resident.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Meaningful Things GmbH & Co. KG
Gartenstr. 49
72074 Tübingen
Germany

hello[at]meaningful-things.com