GTC

§ 1 scope, contract language

(1) These terms and conditions (GTC) apply to the between you (hereinafter the user) and Thomas Müllner, hereinafter the provider, (Sachsenweg 7, 97941 Tauberbischofsheim) via the respective online shop (Apple App Store, Google Play Store , hereinafter referred to as platform operator) concluded a contract regarding the granting of rights, whether against payment or free of charge, to use the following software:

1. "Step by Step - Milestones",

2. “Be Happy - happiness counter”,

3. "SunriseCockpit",

4. "Picdoku",

5. "Picdoku Lite"

hereinafter referred to as the "app".

(2) The parties assume that the software is protected by copyright in Germany in favor of the rights holder.

(3) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are provided for informational purposes only. If there are any differences between the language versions, the German text has priority.

§ 2 Conclusion of Contract and Payment

(1) The provider provides update versions in the platform operator's online store, marked by a version separation after the comma (e.g. V.1.1 to V1.2) and new versions, marked by the version separation before the comma (e.g. V.1.8 on V2.0).

(2) The contract is concluded by downloading the app version (update or functional version) provided in each case in one of the online shops referred to in Section 1 (1). In this regard, the terms and conditions of the respective platform operator apply.

(3) The activation of certain functions is chargeable. The payment of the fee agreed for this takes place exclusively via the platform operator.

(4) After the user has instructed the payment, the agreed rights are activated by the provider.

§ 3 Storage of the contract text

The terms of the contract with information on the ordered goods and / or booked services including these general terms and conditions and the cancellation policy will be announced to the user in an opening screen with each new update or functional version.

The user can view the terms and conditions under “Info -> Terms and Conditions (GTC)“.

§ 4 Granting of Rights

(1) The user is entitled to use the app for simple use on a smartphone for a limited period of time (see § 9) to the extent that it is intended for free use by the provider. With regard to use on multiple smartphones, the restrictions of the respective platform operator apply.

(2) If the user instructs the payment of the agreed fee for extended use in accordance with § 2 Paragraph 2, in addition to Paragraph 1, he is also entitled to use the extended app functions. The authorization to use the extended functions exists for the respective function version (§ 2 Paragraph 1). When a new update version is downloaded, it will be transferred to the possibly changed contractual conditions. You are no longer authorized to download a new version of the function.

(3) THE USER CAN ONLY USE THE APP IF HE SET UP A USER ACCOUNT WITH THE APPLICABLE PLATFORM OPERATOR. IN THIS REGARD WE REFER TO THE TERMS AND CONDITIONS OF THE APPLICABLE PLATFORM OPERATORS.

(4) The user may not sell, give away or lend, rent or lease the app or the rights granted to it to third parties without the prior consent of the provider. The authorization to use the app in a network does not include the right to let other companies use the app.

(5) The user is not authorized to remove or circumvent the existing protective mechanisms of the software against unauthorized use. Copyright notices, serial numbers and other features used for software identification may also not be removed or changed. The same applies to suppressing the screen display of corresponding features.

(6) Pursuant to Section 69d (2) UrhG, the user may make a backup copy of the platform operator's cloud service.

(7) The user is only entitled to use the app downloaded in accordance with Section 2 (1) in the respective update version within the applicable functional version.

(8) The regulations contained in this § 4 also bind the parties under the law of obligations.

§ 5 Collection, storage and processing of personal data

(1) The platform operator provides the provider with the following data for implementation and processing:

- Country of the app store in which the app was downloaded

- the date of the download

- Version of the operating system used

§ 6 liability

(1) The provider assures and guarantees that he is the owner of the usage rights to the app and can freely dispose of it in the contractual form. The provider even also assures that the app licensed by him is free of third party rights.

(2) The user guarantees to obtain or have already obtained all rights that are required in addition to the contractual license for the intended use and exempts the provider from any third-party claims in this context.

(3) The provider is liable for intent and gross negligence. Furthermore, he is liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the user can regularly rely. In the latter case, however, the provider is only liable for the foreseeable damage typical of the contract. He is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

(4) The above exclusions of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected.

(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. The provider is not liable for the constant and uninterrupted availability of the app functions.

(6) Should the user distribute portraits of strangers or put them on public display, he declares that the necessary consent of the person shown has been obtained before publication. In this regard, the user exempts the provider from any claims by third parties.

§ 7 warranty

(1) If the purchased and delivered app is defective, the user is entitled, within the framework of the statutory provisions, to request supplementary performance, to withdraw from the contract or to reduce the purchase price.

(2) The limitation period for warranty claims for the software is two years from the download. Claims based on defects that have been fraudulently concealed are statute-barred within the regular limitation period.

(3) In addition, the provider does not give any additional quality and / or durability guarantee.

§ 8 right of withdrawal

The consumer has a right of withdrawal in accordance with the instructions given in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

§ 9 Contract and License Duration

(1) This contract and the granting of rights begin with the requirements described in § 2 Paragraph 1, Paragraph 2 and run until the app is uninstalled (contract period) or until a new app version is downloaded (update or functional version according to § 2 Paragraph 1) from the platform operator's online shop. With the expiry of the contract period, all obligations under this contract end with the exception of those provisions that should obviously also apply after the end of the contract.

(2) The installation of a new app version justifies the start of a new contract period.

(3) This contract can be terminated prematurely for an important reason, especially if the user fails to make payments due under this contract despite a reminder and a grace period. Termination without notice generally requires that the other party is reminded in writing and requested to remove the alleged reason for termination without notice in a reasonable time, unless there are special reasons within the meaning of Sections 314 (2), 323 (2) BGB which make it unreasonable for the terminating party to adhere to the contract even without a prior warning or warning.

(4) The provider reserves the right to revoke this license at any time, in whole or in part, without stating reasons, against the ex nunc cessation of the remuneration obligation (pro rata temporis).

§ 10 final provisions

(1) The terms and conditions written here are complete and conclusive. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguity or disputes between the parties about the agreed content of the contract.

(2) If the user was domiciled or habitually resident in Germany when the contract was concluded and either relocated from Germany at the time the action was brought by us or the domicile or habitual abode is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Tauberbischofsheim.

(3) We would like to point out that in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.

(4) Our email address is behappy@oleappproductions.com. According to § 36 VSBG we point out that we are not obliged to take part in an out-of-court dispute settlement procedure before a consumer arbitration board. We also do not participate voluntarily.

(5) Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract.

§ 11 cancellation policy

RIGHT OF WITHDRAWAL

(1) You have the right to withdraw from this contract within fourteen days without giving any reason.

(2) The cancellation period is 14 days from the day the contract is concluded

(3) In order to exercise your right of withdrawal, you must inform us Thomas Müllner, Sachsenweg 7, 97941 Tauberbischofsheim, email: behappy@oleappproductions.com by means of a clear declaration (e.g. a letter sent by post, fax or email) about your Inform the decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

(4) In order to meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

(5) CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we need your account details (name, IBAN) as well as a copy of the purchase receipt from your purchase statistics, as the platform operator does not provide us with any personal data about you; In no case will you be charged any fees for this repayment.

(6) ADDITIONAL NOTES

In the event that you send the goods back to us, we ask you to use the original packaging, if it is still available.

Sample for the cancellation form according to Annex 2 to Article 246a § 1 Paragraph 2 Sentence 1 No. 1 and § 2 Paragraph 2 No. 2 EGBGB

(If you want to cancel the contract, please fill out this form and send it back)

To [the name, address, fax number and e-mail address of the company, if applicable, must be inserted by the entrepreneur]:

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (detailed description, so that it can be clearly determined which goods the revocation relates to), the provision of the following Services (detailed description so that it can be clearly determined which goods the withdrawal relates to) (*)

• ordered on: (*). . . . ./received at (*) . . . . .;

• Name of the consumer (s);

• Address of the consumer (s);

• Signature of the consumer (s);

• (only with notification on paper);

date

(*) Delete where inapplicable

End of revocation