Terms and conditions
1. Introduction
By accessing and using the Kinvivo application (the "App"), you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. Please read these Terms carefully before using the App. The Kinvivo App helps digitize your household.
2. Agreement to Terms
This Agreement is effective from the date you first use the App. By using the App, you signify your acceptance of these Terms. If you do not agree to these terms, please do not use the App.
3. Use of the App
a. The App currently offers a shareable grocery list feature, allowing users to create, share, and manage grocery lists with other members of their household or designated groups.
b. Access to the App requires a yearly subscription.
c. Digitale Kumpel GmbH reserves the right to add, modify, or remove features of the App at any time. We will make reasonable efforts to notify users of significant changes.
4. Subscription and Payment
a. The App operates on a yearly subscription basis. You must purchase a subscription to access the full functionality of the App.
b. The subscription fee and available payment methods will be displayed within the App.
c. Your subscription will automatically renew each year unless you cancel it before the renewal date. You can manage your subscription through your device's app store settings (e.g., Google Play Store or Apple App Store).
d. By subscribing to the App, you authorize Digitale Kumpel GmbH (or its payment processor) to charge your chosen payment method for the applicable subscription fee on a recurring yearly basis.
e. If your payment method fails, we may suspend or terminate your subscription.
5. Cancellation and Refunds
a. You can cancel your subscription at any time through your device's app store settings.
b. Cancellation will take effect at the end of the current subscription period. You will continue to have access to the App until the end of your paid subscription period.
c. Refunds for subscription fees are generally not provided. However, Digitale Kumpel GmbH may, at its sole discretion, offer refunds in exceptional circumstances. To request a refund, please contact hi (at) kinvivo.com within 14 days of the original subscription purchase or renewal date, stating the reason for your request.
d. If you cancel during a free trial period, your access to the App will terminate immediately.
6. User Content
a. The App may allow users to create and share content, such as grocery lists, notes, and other household-related information ("User Content").
b. You are solely responsible for your User Content. By posting or sharing User Content on the App, you represent and warrant that you have all necessary rights and permissions to do so, and that your User Content does not violate any applicable laws, regulations, or third-party rights.
c. Digitale Kumpel GmbH does not endorse or assume any responsibility for User Content. We reserve the right to remove or disable access to any User Content that we believe violates these Terms or is otherwise objectionable.
7. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIGITALE KUMPEL GMBH DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT GUARANTEE THAT THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITALE KUMPEL GMBH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF DIGITALE KUMPEL GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE YEARLY SUBSCRIPTION GIVING RISE TO THE CLAIM.
9. Intellectual Property
All content in the App, including but not limited to software, text, graphics, images, logos, and trademarks, is the property of Digitale Kumpel GmbH or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App solely for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the App without the prior written consent of Digitale Kumpel GmbH.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts located in Gladbeck, Germany.
11. Changes to Terms
We reserve the right to modify these Terms at any time, with or without notice. We will post the updated Terms within the App. Your continued use of the App following the posting of any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes.
12. Termination
Digitale Kumpel GmbH may terminate your access to the App at any time, with or without cause, and with or without notice.
13. Contact Information
For any questions or concerns regarding these Terms, please contact us at hi (at) kinvivo.com .