This GTC is a loose translation of our german general terms and conditions.
(1) General information Edutapps GmbH offers “Maphi”, an educational system for learning and practicing mathematics in an intuitive, playful way. Further information about Edutapps and Maphi can be found on our website https://www.maphi.app. You may also contact us here:
c/o Factory Works GmbH
Rheinsberger Str. 76 / 77
These GTC form the legal framework for the contract between Edutapps GmbH and you (the user). Subject is the free and the paid use of the services and products offered by Edutapps under the brand name Maphi.
(2) Offer (2.1) Maphi is a learning application for iOS and Android and allows to learn and train doing mathematics in an intuitive and playful way.
(2.2) Maphi can be used free of charge and offers the possibility to purchase additional content and functionality in-App and via the Apple and Google App Stores.
(3) Prerequisite (3.1) Maphi is directed exclusively at users who act as consumers. Consumers are natural persons who enter into a legal transaction for purposes which are predominantly neither commercial nor self-employed. The use of Maphi for commercial or other commercial purposes is expressly prohibited. Deviating regulations apply only if these are expressly agreed upon.
(3.2) Edutapps reserves the right to apply other terms and conditions for individual offers.
(4) Scope of Service (4.1) Kind and scope of the services offered by Maphi depend on whether it is used for free or additional services are purchased. Free usage grants access to selected content and functionality.
You can unlock additional functionality or content by purchasing the additional offers.
(4.3) The user has no claim to the permanent availability of free content.
(4.4) We reserve the right to add, change and remove both free and paid content in further product developments.
(4.5) The scope of the contents and functions of the iOS and Android versions may differ for technical reasons. This applies in particular but not exclusively, for a limited time during the rollout of updates.
(5) Pricing (5.1) The prices depend on the respective products. Current prices can be found within the Apps Maphi, or in Apple's App Store (iOS) or Google's Play Store.
(5.2) The prices in iOS and Android may differ.
(5.3) We reserve the right to reduce, increase or cancel these prices at any time.
(6) Conclusion of contract (6.1) The conclusion of this user contract depends on the rules of the respective App Store (Apple, Google). The contract is usually concluded by clicking on "install" and, if necessary, by entering your password.
(6.2) If you purchase an additional service, the contract is concluded as soon as you confirm the purchase on the respective App Store and, if necessary, enter your password.
(7) Products and Contract Duration (7.1) Unlimited Equations
(7.1.1) The "unlimited equations" package was available in the App Stores at a one-off price until the end of 2019. Buyers of this package will be treated like buyers of the product "Abo" with unlimited duration.
(7.2.2) The term of this product is not limited.
(7.2.1) The user has the possibility to purchase a subscription via the App-Stores and in-App in order to activate further content and functionality in Maphi.
(7.2.2) Upon conclusion of the subscription, the user receives unrestricted access to the contents and functionality offered in the Maphi App for the entire time the subscription is active.
(7.2.3) The subscription is offered with different minimum duration and is automatically renewed by the minimal duration of the selected offer until the user, Edutapps, or the store provider, cancels the contract.
(7.2.4) The duration of a subscription is determined by the calendar, regardless of the duration and extent of use.
(8) Payment (8.1) Payment will be processed through Apple's and Google's stores. Check with the store provider about when payments will be collected.
(8.2) In-App purchases will be processed through the Apple and Google Stores. Check with the store provider for available methods of payment.
(8.3) The service will be purchased through the provider of your respective App Store. If you have any questions regarding invoice or payment files or want to correct input errors, please contact the provider of the respective store (Apple, Google).
(9) Right of use (9.1) The content presented in Maphi is protected by copyright or other means, the rights lay with Edutapps. Edutapps grants the user non-exclusive and non-transferable rights to use the content in a non-commercial manner within the scope of these terms and conditions. Any usage beyond the contractual regulations in these GTC, in particular public distribution or commercial use, requires the prior consent of Edutapps GmbH.
(10) User-generated contents
(10.1) Edutapps GmbH reserves the right to store and process data generated by the users in anonymous form.
(10.2) The user is obliged to comply with all applicable laws and other legal provisions when providing his own content, regardless of whether this results in a criminal offence. Accordingly, the user is also obliged not to infringe the rights of third parties.
(10.3) The user undertakes to indemnify Edutapps GmbH against damages resulting from an attack in accordance with section 15.1.
(10.4) Edutapps reserves the right to exclude, block and delete users and content at its own discretion.
(11) Right of revocation (11.1) When using the Apps, the conclusion of this contract and also the regulations for the right of revocation depend on the rules of the respective provider of the store (Apple's App Store and Google's Play Store).
(11.2) You have the right to revoke your user contract anytime and without giving reasons by deleting Maphi and, if created, your user account. Please note that you will then no longer have access to content you have already purchased. If, at the time of termination, you have an active subscription or have booked additional services, the amount you have already paid will not be refunded, not even pro rata.
(11.3) Edutapps is entitled to revoke subscriptions with a notice period of 2 weeks to the end of the respective renewal period.
(11.4) The right to revoke for good cause remains unaffected for both parties.
(12) Data protection (12.1) Edutapps processes the user's personal data in accordance with the Data Protection Ordinance. An up to date version can be found at https://www.maphi.app/privacy-policy.
(13) Limitation of liability (13.1) Edutapps uses a number of technologies to provide the services. In order to use Maphi, the user's infrastructure and devices must also fully support these technologies.
(13.2) It is the sole responsibility of the user to provide the technical equipment necessary for the use of Maphi (compatible devices, Internet access, etc.).
(13.3) We expressly make no representation or warranty as to the achievement of the learning objective through the use of Edutapps products. It is up to the user to assess whether Maphi is suitable for achieving the objectives pursued.
(13.4) Edutapps is only liable for the contract-typical, foreseeable damage in case of violation of essential contractual obligations, if they were caused by simple negligence.
(14) Liability for defects (14.1) The statutory provisions shall apply to claims based on defective performance. Your rights as a consumer remain unaffected in any case.
(15) Indemnification (15.1) The use of Maphi is only permitted under these GTC. In particular, users are not authorized to
bypass any methods Edutapps GmbH uses to protect its contents and the data of its users.
To reverse engineer, decompile, disassemble, modify Maphis products, or develop derivative works based on Maphi.
To sublicense or rent their Maphi license
(15.2) Edutapps shall be indemnified in all cases of improper use.
(16) Final provision (16.1) Edutapps reserves the right to change these GTC if it is required by legal, official or technical reasons and the change is reasonable to the best of Edutapps knowledge, taking into account the interests of the customer. This includes in particular reasons such as the further development of Edutapps products and services.
(16.2) The contractual relationship between Edutapps GmbH and the user is subject to German law, as far as legally permissible. If the law of the country in which the consumer resides provides for a higher level of consumer protection, this shall remain unaffected.
(16.3) The contract language is German.
(16.4) If you do not have a general place of jurisdiction in Germany or another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions come into effect or if your place of residence or usual abode is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
(16.5) The European Union has initiated an online platform ("OS Platform") for the out-of-court settlement of consumer disputes: http://ec.europa.eu/consumers/odr/
(16.6) We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration board. You will find our contact details in the first item of these GTC, or in the imprint of https://maphi.app.
(16.7) The contract remains binding in its remaining parts even if individual points are legally ineffective.
Instead of the ineffective points the statuory regulations apply, if available. If this would represent an unreasonable hardship for a contract party, the contract as a whole becomes ineffective.
Status: November 2019