Terms of Use

§ 1 Scope and provider

These Terms of Use govern the relationship between you and the provider Tim Konrath, Straßburger Str. 43, 10405 Berlin, Germany (hereinafter “we”, “us”) in connection with the use of the Re:Ember app for iOS and Android as well as the related website and API.

By using the app or the website you agree to these Terms of Use. We do not accept any conflicting or deviating terms.

§ 2 Description of the service

Re:Ember allows you to collect short messages (“Embers”) and have one of them shown to you every day. You can use the app purely locally for yourself or create a so-called “Gift Space” in which friends and family can contribute messages for a recipient.

Re:Ember is free to use — you get a daily Ember and can create personal spaces at no cost, with no ads. Optional Re:Ember Pro (a subscription) and Gift Space packs are available as in-app purchases sold by Apple (App Store) or Google (Play).

There is no entitlement to a specific scope of features, to a particular level of availability, or to the permanent provision of the app.

§ 3 Formation of contract

The contract for the use of the app is concluded as soon as you install and first use the app. The contract for the use of the website is concluded upon calling up the website. No registration is required for free use; in particular, Re:Ember does not require an email address or a password.

§ 4 In-App Purchases, Re:Ember Pro and Gift-Space Packs

The following paid features can be purchased within the app:

• Re:Ember Pro (auto-renewing subscription): EUR 3.99 per month or EUR 24.99 per year
• Re:Ember Pro Lifetime (one-time purchase, not a subscription): EUR 99.00
• Gift-Space Pack (one-time purchase, not a subscription): EUR 19.99

All prices are final prices including any applicable value-added tax (VAT). The provider is a small business within the meaning of § 19 of the German VAT Act (Umsatzsteuergesetz); for this reason, no VAT is shown separately in invoices issued by the provider. In-app purchases are processed via the respective platform (Apple or Google); the respective platform operator is responsible for the prices and receipts shown within the platform.

All in-app purchases are processed exclusively via the respective platform: in the Apple App Store via Apple (Apple Distribution International Ltd.), in the Google Play Store via Google (Google Commerce Ltd. or Google Ireland Ltd.). The respective platform operator is the seller and contractual partner for the payment processing of the in-app purchase. The purchase price is charged to the payment method linked to your account (Apple ID or Google account). The terms of use and terms of sale of the respective platform operator additionally apply to the payment process, invoicing and refunds. We make the app and the unlocked features available as the content and licence provider.

A contract for an in-app purchase is formed as soon as you confirm the purchase in the respective store (e.g. by means of the device-side purchase confirmation using Face ID, Touch ID, device PIN or a corresponding confirmation) and the platform operator confirms the transaction. Upon confirmation, the purchased feature is unlocked or the subscription is activated.

§ 5 Automatic renewal and cancellation of Re:Ember Pro

The Re:Ember Pro subscription is concluded for the selected term (monthly or yearly). It automatically renews for a further period of the same length at the price applicable at that time, unless it is cancelled in good time before the end of the current period. The payment method linked to your account is charged the price for the relevant period at the beginning of each renewal period.

You can cancel the subscription at any time effective at the end of the current period. Cancellation must take place at least 24 hours before the end of the current period; otherwise the subscription will automatically renew for a further period. The subscription is managed and cancelled via the respective platform:

• iOS / Apple: Settings > [your name / Apple ID] > Subscriptions (or App Store > Account > Subscriptions)
• Android / Google: Google Play Store > Profile > Payments & subscriptions > Subscriptions

You may also declare cancellation to us using the contact details stated in the “Contact” section; however, the technical termination of the subscription running via the platform must additionally be carried out in the account settings of the respective platform, because only the platform operator controls the billing.

In the event of cancellation, the subscription remains active until the end of the current period already paid for. Any pro-rata refund for a current period is governed by the terms of the respective platform operator; your statutory right of withdrawal (see the section “Right of withdrawal for consumers”) remains unaffected.

§ 6 Re:Ember Pro Lifetime

“Lifetime” refers to a one-time purchase against a one-time payment. It is not a subscription; there are no recurring payments and no automatic renewal.

The one-time “Lifetime” purchase grants permanent access to the Pro features within the current major version or product line of the app, in its respective further-developed form. “Lifetime” refers to the lifetime of the current app line, not to the lifetime of the user. There is no entitlement to the provision or continuation of the app or individual features for an unlimited period of time.

If we release a fundamentally new major version or a separate successor product in the future (a major version with a substantial scope of features going beyond the further development of the current line), a separate upgrade or a separate purchase may be required for it. The access to the current app line acquired with “Lifetime” remains unaffected to its previous extent for as long as that line is made available. Statutory warranty and update obligations for digital products (§§ 327 et seq. of the German Civil Code) remain unaffected.

§ 7 Right of withdrawal for consumers

Since in-app purchases are processed via Apple or Google as the seller, withdrawal, cancellation and refunds are governed primarily by the terms and procedures of the respective platform operator. You can submit refund requests via the respective platform:

• Apple: via reportaproblem.apple.com or the Apple support channels
• Google: via Google Play support or play.google.com

Insofar as, in an individual case, a contractual relationship is formed directly with us (Tim Konrath), the following withdrawal instructions additionally apply.

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Tim Konrath, Straßburger Str. 43, 10405 Berlin, Germany, e-mail: support@re-ember.de) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the model withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For such reimbursement, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement. Insofar as the payment was processed via the platform (Apple or Google), the reimbursement is made via the respective platform operator.

Early expiry of the right of withdrawal
For a subscription or digital service (e.g. Re:Ember Pro), your right of withdrawal expires early if we have fully performed the service and only began performance after you gave your express consent to this and at the same time confirmed your acknowledgement that you lose your right of withdrawal upon complete performance. For a one-time purchase of digital content that is not supplied on a tangible medium (e.g. Re:Ember Pro Lifetime, Gift-Space Pack), your right of withdrawal expires early if we have begun performance of the contract after you expressly consented to us beginning performance before the withdrawal period has expired and confirmed your acknowledgement that, by giving your consent, you lose your right of withdrawal upon commencement of performance. In practice, the purchased feature is unlocked immediately after purchase.

Model withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)
— To Tim Konrath, Straßburger Str. 43, 10405 Berlin, Germany, e-mail: support@re-ember.de:
— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following digital feature (*): ____
— Ordered on (*) / received on (*): ____
— Name of consumer(s): ____
— Address of consumer(s): ____
— Date: ____
(*) Delete as appropriate.

§ 8 User content and licence grant

You remain the holder of all rights in the content you submit to Re:Ember. By placing content into a Gift Space, you grant us a simple, non-exclusive right, limited in time to the duration of the storage of the respective space, to store, reproduce, and transmit this content solely for the purpose of providing the app’s functionality (in particular, delivering it to the authorised participants of the space).

You warrant that you hold all necessary rights in the content you submit and that the content does not infringe any third-party rights. You shall indemnify us against any third-party claims arising from a culpable breach of this warranty.

§ 9 Obligations and prohibited use

You undertake to use the app only within the scope of applicable law. The following are in particular prohibited:

• submitting content that is illegal, defamatory, discriminatory, pornographic, glorifies violence, is threatening, or harmful to minors;
• submitting content that infringes third-party rights, in particular copyright, personality rights, or data protection rights;
• using the app, the website, or the API in an automated manner in a way that impairs the intended operation, in particular through bulk creation of spaces or messages without prior arrangement;
• circumventing security measures or exploiting vulnerabilities;
• harassing other users.

§ 10 Availability

We strive for the highest possible availability of the app and the service, but do not guarantee uninterrupted accessibility. Maintenance, faults, or changes to the scope of features are possible at any time, in particular during the beta phase.

§ 11 Liability

We shall be liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence. In the case of slight negligence, we shall only be liable for the breach of a material contractual obligation (“cardinal obligation”), limited to the damage that is typically foreseeable under the contract.

Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.

The app is provided “as is”, in particular during the beta phase.

§ 12 Termination and uninstallation

You may discontinue your use of the app at any time and without giving reasons by uninstalling the app and, if you have created a Gift Space, by deleting it via the app or asking us to delete it.

We may extraordinarily suspend your use or delete a space if you repeatedly or seriously breach these terms.

§ 13 Changes to these terms

We may adjust these Terms of Use, in particular to reflect changes in the legal situation or new features of the app. The current version is always available on this page. We will announce material changes within the app.

§ 14 Governing law and jurisdiction

German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be Berlin.

§ 15 Severability

Should individual provisions of these Terms of Use be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall not be affected.

§ 16 Contact

If you have any questions about these Terms of Use, please contact us at: support@re-ember.de.