Terms of Service - Appinger

1. Who you are dealing with

Appinger is a sole proprietorship based in Germany. Full details are in the the Impressum.

By installing or using an Appinger app you accept these terms. If you do not accept them, do not use the apps.

2. What you get

We grant you a non-exclusive, non-transferable, revocable licence to install and use our apps on devices you own or control, for your own personal use.

You may not resell the apps, rent them out, or redistribute them. You may not reverse engineer, decompile or disassemble them, except to the extent that mandatory law — in particular §§ 69d and 69e UrhG — expressly permits it.

We may change, suspend or discontinue an app. Where a change materially reduces what a paid app does, we will give reasonable notice.

3. Your data is yours

Content you create in an Appinger app — notes, logs, recordings, entries, settings — belongs to you. It is stored on your device.

We claim no licence over it. Many app terms take a broad worldwide licence to "user content"; ours do not, because your content never reaches us and such a clause would be meaningless as well as objectionable.

Because your content lives only on your device, keeping a backup is your responsibility. If you delete an app, lose your device, or reset it, we cannot recover anything for you.

4. Purchases

Paid features are sold through the Apple App Store or Google Play. The purchase contract for the transaction is between you and that store, under its terms — not with us. We never see your payment details.

Refunds are handled by the store you bought from, under its refund policy. We cannot issue refunds on their behalf, though we are happy to help you make the case.
Subscriptions, where offered, renew and are cancelled through your store account, not through us.
Right of withdrawal. Consumers in the EU have a statutory right of withdrawal for digital purchases. Because those purchases are made from Apple or Google, it is exercised through them.

4.1 What a purchase actually covers

You are buying the app as it exists on the day you buy it. We intend to keep improving our apps, but a purchase is not a promise of any particular future feature, nor of indefinite availability.

A one-off purchase unlocks that app's paid features for the store account you bought it with, and does not expire.
A subscription lasts as long as it is active, and is renewed or cancelled in your store account rather than by us.
If we ever describe something as a "lifetime" purchase, that means the lifetime of the app, not of the buyer, and it is not an undertaking to maintain the app forever.
If we discontinue an app, we will say so in advance where we can.

One consequence of building this way is worth stating, because it is unusual. Your data does not depend on us continuing to exist. It is on your device, not on a server we could switch off. If we stopped work on an app tomorrow, the copy on your phone would keep running for as long as your operating system supports it, and everything in it would still be yours and still be readable.

5. What these apps are not

This matters more than the usual boilerplate, so we state it plainly.

Appinger apps are not medical devices and do not provide medical advice. They are organisational and wellbeing tools. Nothing in them diagnoses, treats, cures or prevents any condition, including ADHD.

babinger is a notebook for recording what you observed about your baby. It is not a health-monitoring device and must never be relied on to detect or rule out a medical problem.
Breathing, exercise and focus features are general wellbeing tools. Breath-hold techniques in particular carry real risks — never practise them in or near water, while driving, or while standing.

Always consult a qualified professional about health decisions. If you think there is a medical emergency, contact emergency services.

6. Acceptable use

Use the apps lawfully. Do not use them to break the law, to infringe anyone's rights, or to attack, disrupt or gain unauthorised access to any system.

Because there is no shared service and no other users' content to affect, the list is short by design.

7. Our intellectual property

The apps, this website, the Appinger name and our logos remain ours (or our licensors'). Your licence to use the apps does not transfer any ownership, and does not give you the right to use our name or branding.

8. Warranty and liability

We provide the apps with reasonable care. Statutory warranty rights for consumers under German law are unaffected by anything in these terms, and nothing here excludes them.

Our liability is as follows:

We are liable without limitation for damage arising from injury to life, body or health; for intent and gross negligence; and under the German Product Liability Act (Produkthaftungsgesetz).
For slight negligence, we are liable only where we breach an obligation essential to the purpose of the contract (a "cardinal obligation"), and then only for damage that is typical and foreseeable for this kind of agreement.
Any further liability is excluded.

We do not warrant that an app will be uninterrupted or error-free, or that it will suit a particular purpose you have in mind for it.

9. Ending the agreement

You may stop at any time by deleting the app. No notice to us is required, and there is no account for us to close.

We may terminate this licence if you materially breach these terms.

10. Governing law and disputes

These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, and you may bring proceedings in the courts there.

Online dispute resolution. The European Commission provides an ODR platform at ec.europa.eu/consumers/odr. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

11. The rest

If any provision of these terms is invalid, the remainder stays in force. Our failure to enforce a provision is not a waiver of it.

These terms, together with our Privacy Policy, are the whole agreement between us about the apps.

We may update these terms; the date at the top shows when. For material changes affecting a paid app we will give notice in the app.

Questions: sisermann@gmail.com