1.1 "SpendinX" is a mobile software application from A.UND.W Agentur für Kommunikation GmbH & Co. KG, Rosenthaler Strasse 51, 10178 Berlin, Germany, (hereinafter "SpendinX" or "us" / "we"). With the aid of this application you can communicate your position/location to a third party.
1.2 These terms and conditions of use regulate on the one hand the relationship between us and the application user (hereinafter "you" or "user") and on the other, the conduct of users amongst themselves.
1.3 These conditions apply to the free and limited as well as the fee-based version of SpendinX.
2.1 SpendinX users have the possibility to save and share expenditures, costs and expenses with other users as a group. Additionally, there is the possibility to check exchange rates via an external provider within the application. The requirement for the use of the application is an end device (smartphone, tablet etc.) with an Apple operating system and internet access.
2.2 Upon purchasing the application and the use of SpendinX, the user acknowledges these terms and conditions of use and declares that his/she is not a minor or to have the permission of parents/guardians to use the application. If users do not agree with the provisions in these terms and conditions, these may not use this service.
2.3 We make every effort to continually further develop the offer, to service this and make this available. It is continually developed and after professional consideration is modified to meet various factors such as the demands of the user, market demands as well as the technical and economic circumstances. Therefore the offer corresponds to the application in its current developmental status. Users have however no claim that the offer regarding its content and scope remains unchanged or has certain functions. There is equally no claim to the offer being permanently available or works without technical problems.
2.4 SpendinX can also not ensure that the application works to the same degree on all end devices. The general usability depends on circumstances that are outside the influence of SpendinX (userŐs hard- and software, data speed, etc.)
2.5 In addition, SpendinX reserves the right to cease making the offer or parts thereof available.
3.1 The software can be used free of charge, whereby the scope of use is limited in the free version. Within the free version the user can create up to 20 new entries.
3.2 Costs for the paid version can be viewed prior to purchase of the application in the "Apple Store iTunes".
3.3 We advise that through the use of the application further costs from the part of the service provider may be incurred by the users that are outside the influence of SpendinX.
4.1 The user alone is responsible for the use of the application. That applies in particular for errors that have been made in the analysis/calculation of the input data. The user also acknowledged that through the use of the app and its activation, the battery power of his end device will be affected.
4.2 The user undertakes to omit from actions that could negatively influence the functioning of the offer from SpendinX (e.g. through software or other scripts).
4.3 The user acknowledges that SpendinX is not liable for the transmitted exchange rates, since they originate from an external service provider. The user shall verify such information elsewhere.
In the scope of this contract, we only grant the right to use the application for the purpose stipulated in this contract. Any further use of SpendinX, particularly reproduction, distribution and decompiling is not permitted without express authorisation.
SpendinX reserves the right to amend these terms and conditions with future effect. In this case we shall notify the user in advance regarding the amendment of these terms and conditions and advise you that the amendment is considered accepted if you do not object to the amendment within 6 weeks.
7.1 SpendinX does neither store any personal information from the user nor any statistics regarding the use of the application.
7.2 In addition to this data protection declaration, the data collection and use in the relationship between SpendinX, the user and Apple are also regulated by the data protection regulations from the "Apple iTunes Store": www.apple.com/legal/internet-services/itunes/
The user acknowledges that SpendinX assumes no responsibility for content that is not created or acknowledged by SpendinX.
9.1. SpendinX is only liable for damage that arises through culpable or grossly negligent behaviour with the exception of death, personal injury or the breach of cardinal contractual duties. This shall also apply to indirect consequential damage, in particular loss of profit.
9.2. The limitation of liability in these terms and conditions also apply to the benefit of employees and vicarious agents of SpendinX.
9.3. Claims to liability on the grounds of mandatory national law hereby remain unaffected.
10.1 In the event that SpendinX must defend itself against actions or content by users, the users shall exempt us and our vicarious agents from all claims and requisite costs that arise in conjunction with the defence against claims that third parties assert against us on the grounds of a legal infringement for which the user is responsible.
10.2 These requisite costs particularly include court and legal fees at the statutory amount.
10.3 The user is furthermore obligated to inform us truthfully, immediately and in full of the legal offence and in regard to all circumstances that serve to defend against third party claims and to provide the materials necessary to do so.
11.1 In the event of a breach of these terms and conditions, laws and/or other provision stipulated in the "Apple iTunes Store", we may temporarily or permanently exclude you from using this application.
11.2 The user permits us to delete or limit the user account and functions at any time.
12.1 The law of the German Federal Republic governs the contractual relationship between users and SpendinX as well as these terms and conditions, insofar as not mandatory provisions conflict with this. Contractual language is German.
12.2 In the event that one or more of these provisions of this contract should be or become invalid, this shall not prejudice the validity of the remaining provisions. The contracting party are bound to replace an invalid provision with a valid provision that most closely achieves the contractually desired result.
Date: February 2015