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End User License Agreement (EULA)

End User License Agreement (EULA)

By clicking the "Agree" button and/or downloading, installing or using the App "Paperchill" (hereinafter: "App"), a Contract on the use of the App under the following terms and conditions ("Contract") is concluded between you (hereinafter: "Licensee") and us, Knowlix GmbH, Bahnhofstraße 17, 82327 Tutzing, e-mail: info@paperchill.com (hereinafter: "Licensor"). 

The App is an Application that organises your shared local files, pictures and emails, no matter how you have digitised them. You have all your information in one App, with full-text search and the ability to make financial transactions directly. Your Paperchill only exists locally on your device and never shares data with others. You can delete the App at any time if you want to. Your documents will be preserved. You can find a detailed description of the App's functions at www.Paperchill.com/

1.                 Provision, technical system requirements

1.1                The Licensor shall make the App available to the Licensee in the most current version in the Apple App Store. Delays in the provision of the software by the App Store are outside the Licensor's sphere of responsibility and therefore do not justify any claims by the Licensee against the Licensor or any right of the Licensee to terminate the contract.

1.2               The Licensor is entitled to adapt the App to current technical developments, in particular with regard to new functions and to close security gaps, due to changes in the law, changes in jurisdiction or changes in the economic circumstances of the Licensor and, within this framework, to change the technical properties and functionalities of the App and to carry out updates and upgrades of the App. Insofar as such an adjustment could impair the legitimate interests of the user, the adjustment shall be announced to the Licensee in text form at least one month before its implementation by sending a push message or by display in the App. 

1.3               The minimum system requirements for the operation of the App are available atwww.paperchill.com/en/minimum-requirements. The Licensee is responsible for checking and ensuring the suitability of the end device he intends to install the App with regard to the aforementioned technical requirements. 

2.                Rights of use

2.1               All rights in the App - with the exception of the rights of use granted by these Terms of Use - are exclusively vested in the Licensor and its respective Licensors. The App and the rights thereto are protected by copyright law and international agreements for the protection of intellectual property.

2.2              The Licensor grants the Licensee the non-exclusive, non-transferable right, limited in time for the term of the Agreement and partly against payment, to install the App within the scope of its respective availability and to the extent made available by the Licensor in each case on an Apple terminal device owned by the Licensee or legally subject to the Licensee's power of disposal and supported by the App, i.e. for example iPhone or Mac, and to use it exclusively in accordance with these Terms of Use. 

2.3              The Licensee shall be granted the right to reproduce the App provided to the extent that the respective reproduction is necessary for the use of the App by the Licensee (e.g. downloading, installing the App on the end device, loading the App). The Licensor may make a copy of the App for backup purposes, provided that the end device on which the backup copy is stored is owned or exclusively disposed of by the Licensee. The Licensee is obliged to prevent unauthorised access by third parties to the backup copy and the App by taking suitable precautions.

2.4              The Licensee may only make modifications to the App, in particular changes and extensions, insofar as this is expressly permitted by mandatory law or has been contractually agreed with the Licensor in advance. The Licensee is not entitled to reverse engineer the software or to use the App for purposes other than the contractual use. However, the mandatory provisions of Sections 69d, 69e German copyright act (UrhG) shall remain unaffected. Copyright notices, serial numbers, version numbers, trademarks or other identification features of the App may not be changed or removed by the Licensee under any circumstances. The same Applies to the suppression of the screen display of corresponding features.

2.5              The above terms and conditions also Apply to all updates/upgrades and programme supplements for the App provided to you by the Licensor, unless these are the subject of a separate agreement. In this case, only the terms and conditions of the respective update/upgrade or programme supplement shall Apply.

2.6              To ensure the functionality of the App and the integrity of the local files shared by the Licensee, the Licensor will create a copy of these files on the Licensee's terminal device and only store the information required to organise the files on this copy. In order to continuously improve the functionalities of the App, the Licensor will generate random gradients from this information in a mathematical process and use them for machine learning. In this process, neither personal data of the Licensee will be processed nor the local files released by the Licensee will be used in their perceptible form. For this purpose and to this extent, the Licensee grants the Licensor the necessary, temporally and spatially unrestricted transferable rights of use to the local files released by the Licensee. The rights to the App remain unaffected by this. 

2.7              All other rights are reserved by the Licensor.

3.                 Remuneration

The use of the App is free of charge. The right of termination according to clause 8 remains unaffected.

Additional functionalities can be added for an extra charge if necessary.

4.                Data protection

The Licensor collects, processes and uses personal data of the Licensee in accordance with and subject to the data protection information available at https://www.Paperchill.com/en/datenschutz.

5.                 Warranty, liability

Any warranty claims due to material defects and defects of title of the App may arise exclusively in the relationship between the Licensor and the Licensee and shall be determined in accordance with the following conditions.

5.1               If the App/trial phase is provided free of charge: 

The Licensor shall only be liable for material defects and defects of title, irrespective of the legal grounds, insofar as the Licensor has fraudulently concealed the respective material defect or defect of title. In all other respects, the Licensor, its legal representatives and vicarious agents shall only be liable for compensation for any damage incurred as a result of the free provision of the App in the event of intentional or grossly negligent misconduct. Claims under the Product Liability Act remain unaffected.

5.2              If the App is provided for a fee: 

5.2.1          The Licensor warrants that the App corresponds to the objectively and subjectively contractual condition at the time of its provision and that no third party rights prevent its use by the Licensee to the contractually agreed extent in the country of first acquisition of the App. After the expiry of one year from the date of provision of the App, this shall only apply if the Licensee proves that the App was not in a condition in accordance with the Contract at the time of provision.

5.2.2          The Licensor shall provide information on updates to the App on its website, accessible at www.Paperchill.com, and shall make them available for download in the Apple App Store. The Licensee is free to download and install the respective update. If the Licensee does not install the updates provided by the Licensor, the Licensor shall not be liable for deviations from the contractual condition of the App that are due to the absence of the corresponding update.

5.2.3          If the Licensee is entitled to a refund of the usage fee for the App, this must be asserted against the respective operator of the App Store. Further claims of the Licensee against the respective operator of the App Store, in particular claims for damages due to defects, do not exist.

5.2.4          Subject to the provision under Section 5.2.5, the Licensor shall be liable without limitation, including for its legal representatives and vicarious agents, only in the event of (i) intent or gross negligence, (ii) injury to life, limb or health, (iii) to the extent of a guarantee assumed by it and (iv) under the Product Liability Act.

5.2.5          The liability of the Licensor for slightly negligently breached obligations which are essential for the achievement of the purpose of the Contract and on the achievement of which the Licensee regularly relies and may rely is limited in amount to the damage which is foreseeable and typical according to the nature of the business. Apart from that, the Licensor shall not be liable with the exception of the cases mentioned in Clause 5.2.4.

6.                Cancellation policy

If the Licensee is a consumer, he/she shall be entitled to a statutory right of cancellation in accordance with the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Right of cancellation

You have the right to cancel the Contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day of the conclusion of the contract.

To exercise your right of cancellation, you must inform us, Knowlix GmbH, Bahnhofstraße 17, 82327 Tutzing, e-mail: info@paperchill.com by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to cancel the contract. You can use the attached model cancellation form, which is not mandatory. 

To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the cancellation right before the end of the cancellation period.

Consequences of cancellation

If you cancel the contract, we will repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of cancellation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 

Note

The right of cancellation expires in the case of a Contract for the delivery of digital content not on a physical data carrier if we have started the performance of the Contract after you have expressly agreed that we start the performance of the Contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of cancellation through your agreement with the start of the performance of the contract.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

To the

Knowlix GmbH, 

Bahnhofstraße 17 

82327 Tutzing

E-mail: info@paperchill.com

- I/we (*) hereby cancel the Contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of notification on paper)

- Date

------------- 
(*) Delete as Applicable.

7.                 Special provisions in relation to Apple, Inc. ("Apple") 

In order to implement the Minimum Terms of Developer's End-User License Agreement required by Apple, the following regulations also Apply:

7.1               These Terms of Use are agreed between the Licensor and the Licensee and not with Apple as the operator of the App Store. Apple is not obligated under these Terms of Use to provide support, remedy defects in title or other services for the App. 

7.2              Insofar as the App was downloaded from the App Store operated by Apple, the Contract concluded with the Licensor on the basis of these Terms of Use shall also benefit the operator of the respective App Stores, who shall be entitled to assert claims under this Contract against the Licensee (genuine Contract for the benefit of third parties).

7.3              The Licensee undertakes - subject to contrary provisions of national law or EU law - not to use the App if he or she is resident in a country which is subject to an embargo by the U.S. government or which has been classified by the U.S. government as a "terrorism-promoting" country or which is included in a U.S. government list of export bans or restrictions, or if he or she is himself or herself included in a list of persons with whom business is restricted or prohibited, unless prior Approval has been granted by the competent authority. The same Applies to any export restrictions imposed by the Federal Republic of Germany and the EU.

7.4              Any questions, complaints or claims by the Licensee arising from the App and its use should be directed to the Licensor using the contact details set out in the preamble to these terms and conditions. The Licensor, and not Apple, is solely responsible for the review and resolution of any such claim. 

If product liability claims or claims based on a breach of Applicable legal requirements (in particular under consumer protection or data protection law) or regulatory requirements are asserted against Apple by the App, the Licensor shall indemnify Apple against any existing claims.

If claims are made against Apple based on an infringement of third party rights by the App, the Licensor shall be responsible for investigating and - depending on the circumstances of the individual case - fulfilling, defending or amicably settling any such claim. 

7.5               When using the App, the Licensee undertakes to comply with any Applicable contractual terms and conditions of third parties, insofar as he/she has been made aware of them and could reasonably have taken note of their content.

8.                Contract period and termination

The Contract is concluded for an indefinite period. It may be terminated at any time by either party. The right to terminate without notice for good cause remains unaffected. 

9.                Final provisions

The law of the Federal Republic of Germany shall Apply to the contract. The Application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the Licensee is a consumer and has his habitual residence in a country other than the Federal Republic of Germany, the mandatory provisions of the law of that country, which may not be deviated from by agreement, shall remain unaffected. 

Insofar as the Licensee is a merchant, a legal entity under public law, a special fund under public law or an entrepreneur (§ 14 of the German Civil Code) with its registered office outside Germany or if a Licensee moves its domicile or habitual residence to a place outside Germany after conclusion of the contract, the exclusive place of jurisdiction for all disputes arising from or in connection with this Contract shall be Munich, Germany. 

The app contains the following third party licenses:

Die App enthält die folgenden Lizenzvereinbarungen Dritter:

libEtPan! -- a mail stuff libraryCopyright (C) 2001 - 2005 - DINH Viet Hoa
All rights reserved.Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
  notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
  notice, this list of conditions and the following disclaimer in the
  documentation and/or other materials provided with the distribution.
3. Neither the name of the libEtPan! project nor the names of its
  contributors may be used to endorse or promote products derived
  from this software without specific prior written permission.THIS SOFTWARE IS PROVIDED BY THE AUTHORS AND CONTRIBUTORS ``AS IS’' AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.

 

August 2023

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