§ 1 Scope & Defense clause
(1) On acquisition of the paid software “ALPHA” (also called “app”, “software” or “product”) the owner of the company DragonWork (hereinafter “provider”, “seller”, “vendor” or “licensor”) and its customers (also “licensee” or “purchaser”) commit a legal relationship and have to apply the following Terms of Service in the current version at the time of ordering.
(2) Different terms and conditions of the customer will be rejected.
§ 2 Conclusion of Contract
(1) The presentation of ALPHA on the Google Play Store or on other sites or programs is not a binding offer of the vendor to conclude a contract of sale; the customer shall only be invited to submit an order through a deal.
(2) By sending the order using Google Wallet, PayPal or paysafecard, the customer makes a binding offer to conclude a purchase agreement for the acquisition of ALPHA. By submitting the order, the customer accepts these terms and conditions as the alone prevail legal relationship with the provider.
(3) The provider acknowledges the receipt of the customer’s order by sending a confirmation email. This confirmation does not represents the acceptance of the offer by the seller. It serves only to inform the customer that the order has been received from the vendor. The declaration of acceptance of the offer is made by the delivery of the software or by an explicit acceptance.
§ 3 Retention of Title
(1) The acquisition of ALPHA is not a transfer or sale of the software in whole or parts.
(2) By completing the purchase agreement, the buyer merely receives a license. PayPal and paysafecard buyers obtain a license key. Google Wallet buyers are licensed by Google Play. The sale, transfer or other form of distribution of this license in all respects is strictly prohibited.
(3) Upon receipt of the license, the customer can download ALPHA and possibly update.
(4) The provider is the sole copyright owner of all copyrights, patents, trade secrets, and other worldwide intellectual property rights to the original and all copies and portions of the software.
§ 4 Rights
(1) The customer is not permitted to decompile, disassemble, or to do all otherwise attempts to get to the source code of the program.
§ 5 Due Date
(1) The payment of the purchase price is due at the conclusion of the contract.
§ 6 Warranty & Cancellation
(1) It is not guaranteed that ALPHA is functional at all times continuously, nor that the service will be continued in future.
(2) The provider reserves the right to terminate the contract if he detects improper use (e. g. by failure to comply with § 4 para 1) without previous notice. The user may be banned from the network respectively. Ongoing services are canceled in certain circumstances completely.
(3) According to the type of the termination, the seller may decide if the purchase cost can be refunded.
(4) The buyer may, after purchasing ALPHA through Google Wallet (respectively Google Play Store), and if this option is still offered automatically by Google Play, refund the full amount within 15 minutes. For PayPal buyers this can only offered under special arrangements with the vendor before purchase. PayPal fees are possibly deducted. paysafecard users cannot request a refund.
(5) The buyer may terminate the contract by e-mail at any time. Depending on the agreement and a detailed justification, the purchase costs are refunded in whole or in part. The provider reserves the right to dismiss cancellations in its discretion.
§ 7 Liability
(1) Claims for damages by the customer are excluded (also on cancellation of service according to § 6), unless otherwise specified below.
(2) The above disclaimer applies to the legal representatives and agents of the provider, if the customer makes claims against these claims.
§ 8 Applicable Law & Jurisdiction
(1) The contractual relationship between the provider and the customer takes place according to the rights of the Federal Republic of Germany. Excluded from this choice of law is the mandatory consumer protection provisions of the country in which the customer has its habitual residence. The application of the CISG is excluded.
(2) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the seat of the provider, unless that client is a businessman, a legal entity under public law or a public sector fund.
§ 9 Notice
(2) ALPHA uses an unique identification number (i. e. device ID) to “assist” with personal data, e. g. by storing the name, the zodiac sign, the position etc. A conclusion to the person itself is not possible, since the data is encrypted, and partly stored unreadable for people.
(3) ALPHA sends also location data to the server to determine the position, when it is requested (such as weather data and similar positional requests). The last position is always saved, but only requested when a location is no longer possible.
(4) To improve the vocabulary, every conversation is recorded anonymously and analyzed at random. The conversations are destroyed at regular intervals irrevocable; in most cases the conversation will not be read. The provider sets great importance to the privacy of its customers, so it is not possible to retrace the individual in any way. The device ID is not associated with the conversation together.
(5) ALPHA does not send and save unnecessary data, such as contacts, text messages or other personal data.
(6) All data that has been saved with the device ID (see section 2 and 3) may be deleted permanently in the settings menu of ALPHA.
§ 10 Changes & Other Conditions
(1) The provider reserves the right to modify these Terms and Conditions in its sole discretion and without prior notice. He may suspend the service or terminate its provision wholly or partly. However, the provider trys under commercially reasonable efforts to notify the customer about changes to the contract or the termination of the service.
§ 11 Legal consequences of non-inclusion and ineffectiveness
(1) If these Terms and Conditions are wholly or partially ineffective or do not become part of the contract, the contract shall remain valid.
(2) Where provisions have not become part of the contract or invalid/illegal, the contents of the contract shall remain in accordance with statutory regulations.
(3) The contract is invalid, if adherence to it would be even considering the proposed amendment to paragraph 2 unreasonable for a signatory party.