Terms of use

1.          Scope

1.1.     The following terms of use apply together with the privacy policy (all together the “qip-Terms”) for your usage of the qip App (“the App”) and all services provided in connection with the app (the “services” and together with the App the “program”), which are provided by invio UG, Gairenweg 40, 72475 Bitz, Germany (“invio”).

1.2.     Should it be necessary, invio shall be entitled to amend or supplement these Terms of Use with effect for the future. In this case, invio will inform the user of the changes or additions in an appropriate form. The changes or additions count as accepted if the user does not object within four weeks from the date of the notification in written form or by sending an email to hello@qip.lol. By this notification, the user is informed of his/her right of objection and the consequences of the deadline. If the user disagrees with the changed terms of use, invio is entitled to terminate his user account at qip.

1.3.     Differing, conflicting or supplementary general terms and conditions shall not become a contractual component, even if knowledge has been made, unless invio has expressly consented to its validity in writing.

1.4.     These conditions of use can be accessed and downloaded at www.qip.lol.

 

2.          Registration, conditions for use

2.1.     To use the app, you need to register for an account at qip (the "qip user account"). Registration can take place as follows:

2.2.     Registration at qip

If you register directly with us, you must enter your email address and choose a password. You are obliged to keep this password concealed and not to pass it on to third parties. qip will not pass the password to third parties and will not ask the user for the password at any time.

2.3.     In the course of the registration, the user is also obliged to indicate his age and can voluntarily provide further information.

2.4.     To register for an qip user account, the user must be at least 12 years old.

2.5.     The user assures that all data submitted during the is true, up-to-date and complete. If the user is aware of any unauthorized use of his password, the app or his qip account, he must notify qip immediately. qip accepts no liability for losses or damages resulting from the fact that the user has not complied with this obligation or not in due time.

2.6.     The user has no claim to set up an qip user account. qip is instead entitled to refuse registration without stating reasons and to immediately delete the data already transmitted during the registration process.

2.7.     The user is obligated to observe these conditions of use when using the program. In addition, the user may not:

      use the services and / or the app in breach of applicable law or for purposes which are incompatible with applicable law;

      post pornographic, right-wing, racist, discriminatory, sexist, violent, abusive, defamatory, aspersive or otherwise unacceptable content;

      post content that violates copyrights, trademarks and other rights of third parties;

      copy the app to his mobile phone for purposes other than to run the app; Except for the creation of a backup copy which is used solely as a backup and is kept by the user at a secure location not accessible to third parties;

      rent or sell the app to a third party, sublicense the app, or otherwise make the features or services available to third parties;

      reverse engineer the app, decompile, edit or create derivative works; The rights of the user from § 69d Abs. 3 UrhG and § 69e UrhG remain unaffected;

      to circumvent, disable, or otherwise interfere with the security of the program that is designed to prevent or limit unauthorized use or duplication of the app's content;

      try to access the program other than by using the app;

      attempt to test the app for potential vulnerabilities, violating or circumventing security or authentication procedures to protect the program.

 

3.          Benefits, Rights

3.1.     The performance of the program does not include the use of the Internet for this purpose. The user is responsible for the access to the Internet, the technical prerequisites and the configuration and performance of the terminal to use the program and the actuality of the necessary software. Invio assumes no liability for the uninterrupted accessibility of the program. In addition, invio reserves the right at all times to temporarily or permanently discontinue or to make available the program or services provided thereby without prior notice.

3.2.     Invio is not obligated to store or make available content which has been set by the user; rather the user himself has to ensure that any backup copies of the contents he has set are made.

3.3.     Invio grants the user a non-exclusive, non-transferable right to use the services through the app. This right is expressly limited to private, non-commercial use. Invio grants to the User the non-exclusive, non-transferable right to install and use the Software on its devices. This right to use the software is limited to private, non-commercial purposes.

3.4.     Invio reserves the right to make updates for the software (updates) available from time to time without, however, being obliged to do so.

 

4.          Posting content

4.1.     The User grants to the Provider, free of charge, the sub-licensable and non-exclusive rights to publish, make available to the public, through the provision of content (videos, photos, texts, decision trees, comments) to public or non-public areas of the Service and for duplication by posting content. The user agrees in the processing, including the translation, in the creation of derivative works and in the incorporation into other works by the provider or other users.

4.2.     The user thus also allows any other user to use the content within the service.

4.3.     The user also guarantees that, in the case of the existence of third party rights to the content posted, they have fully and effectively transferred the right to transfer the aforementioned rights.

 

5.          Termination of use, cancellation

5.1.     The user can terminate his qip account at any time, without the need for specific reasons, by sending an email or a letter to hello@qip.lol. After termination, the user can no longer access his qip account.

5.2.     Invio is entitled to terminate the User at any time with a period of one month, without the need for specific reasons.

5.3.     Invio is also entitled to terminate the user with immediate effect for an important reason. An important reason is, for example, if the user violates his obligations resulting from these conditions of use in a serious way. After such an extraordinary termination, the user can no longer access his qip account.

5.4.     Invio expressly reserves the right to terminate the Program, subject to a reasonable period of time, even without observing such a time limit, in the interests of the User.

 

6.          Liability

6.1.     Invio is liable for the infringement of essential contractual obligations (i.e. obligations whose infringement jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible at all and whose compliance the user may regularly rely on - so-called cardinal obligations). Insofar as the violation of the cardinal obligations was only slightly negligent and did not lead to a violation of life, body or health, claims for damages are limited to the typical foreseeable damage.

6.2.     Unaffected by that, Invio (a) shall be liable in cases of intent and gross negligence, (b) for the violation of life, body or health, (c) in accordance with the provisions of the Product Liability Act, and (d) in all other cases In accordance with legal requirements.

6.3.     In addition, claims for damages against invalidity arising from the legal grounds, in particular because of the violation of obligations arising from the invoicing relationship by invio, its legal representatives, employees or vicarious agents, from § 311a German Civil Code (BGB) or from tort are excluded.

6.4.     Insofar as, in accordance with the above regulations, invio's liability is limited or excluded, this also applies to the personal liability of the legal representatives, employees and vicarious agents of invio.

 

7.          Privacy

7.1.     The privacy policy applies to the collection, processing and use of personal data.

 

8.          Final provisions

8.1.     Should a regulation of these Terms of Use be or become invalid or unenforceable, the validity and enforceability of the other regulations shall remain unaffected thereby.

8.2.     These conditions of use are subject to the laws of the Federal Republic of Germany, excluding the provisions of International Private Law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

8.3.     We are not participating in online dispute resolution as provided by the online dispute resolution platform by the EU Commission on an online platform operated by it.

Last updated on 24/07/2018