By installing and using the application Gabi (Application), the user of the Application (User) declares to loui Apps UG, Schlegelstraße 30, 10115 Berlin as provider and operator of the Application (Service Provider) that he/she binds him-/herself to accept the following Terms and Conditions of Use (Agreement) to their full extent and consents to the use of his/her data subject to the following data protection policy.
Prohibition of Transfer Electronic retransmission of the Application to computers or mobile devices of third parties and dissemination of copies of the Application to third parties are prohibited. This applies equally to retransmission or dissemination for the purpose of a temporary transfer.
Liability The Service Provider shall assume unlimited liability pursuant to statutory provisions for (i) damages resulting from injuries to body and health; (ii) in case of intent; (iii) in case of gross negligence; (iv) pursuant to the Product Liability Act (Produkthaftungsgesetz). Without prejudice to the aforementioned scope of liability, the Service Provider is liable for slight negligence only in cases of violation of “essential” duties (wesentliche Pflichten) under these Terms and Conditions of Use. “Essential“ under this provision are such duties, that are necessary for performance under this Agreement, infringement of which would compromise the contractual goals and in regard to which you would therefore expect full compliance. In these cases the liability is limited to typical and foreseeable damages; in all other cases no liability for slight negligence will exist.
Availability of Service 1. (1) Transmission of content on the basis of this Application is the sole responsibility of the telecommunication service provider of the User. The User shall bear the telecommunication fees for the transmission. 1. (2) Right of use regarding the Application exists only within the scope of technical and operational possibilities of the Service Provider. The Service Provider endeavors to provide a non-stop usability of the program. Occasional limitations or interruptions can occur due to technical defects (e.g. interruption of electricity supply, hardware or software defects, technical problems of data lines). 1. (3) The content and availability of external services integrated into the Application (e.g. FACEBOOK) are under responsibility of the external provider. The usability of the Application may be limited or interrupted, in case external service providers alter the content of their services or such services are subject to faults or failures. No right to service restoration can be claimed in such cases. The partial or full lapse of usability of the Application caused by faults and failures of external services constitutes no defect of the Application.
Termination of the Agreement The Service Provider can terminate these Terms of Condition and Use for good cause and without prior notice. Grounds for good cause exist in particular, if the user violates the duties pursuant to sec. 4 or sec. 8 of this Agreement or, in case of infringement of another provision of these Terms of Condition and Use, if such infringement continues to exist following a reasonable grace period. The User is not permitted to use the Application after the Agreement has been terminated.
Written Form Requirement Unless these Terms of Condition and Use provides otherwise, any notices pertaining to the use of the software shall be made in writing or via email. The email-address of the Service Provider is [gabi (at) gogogabi (dot) com]. The postal address of the Service Provider is loui Apps UG, Juan Gabriel Palomino Garcia, Schlegelstr. 30, 10115 Berlin.
Prohibited Activities Any activities as part of or in connection with the Service that violate the law, infringe on rights of others or contradict to the basic principles of youth protection are prohibited. In particular, the following activities are prohibited: - display, dissemination, distribution or propagation of contents, services or products that are fraudulent or violate laws for youth protection, data protection or other laws, especially related to alcohol, tobacco and pornographic goods or gamble; - use of content offensive or defamatory with respect to other participants or third parties; - unauthorized use, distribution or dissemination of contents protected under the law or encumbered with rights of others (e.g. copyrights). The restrictions under this sec. 8 also apply to display of contents on internet sites of third parties, as long as those contents can be retrieved via the Portal due to its connection with external services.
Data protection By confirming the following data protection policy the User consents that his/her personal data can be used and processed by loui Apps UG in their capacity as operator of the software application „Gabi“ in accordance with statutory provisions, especially data protection laws: (1) Subject of the data protection policy (1a) The data protection policy applies to all services provided by loui Apps UG, Schlegelstr. 30, 10115 Berlin („Gabi “) related to the application program „Gabi“ („Gabi-Service“) and governs solely the administration of the personal data of the User by Gabi. (1b) In case the User uses external services via Gabi-Service, the data protection policy of such external providers shall apply. Gabi has no knowledge of data protection policies of third parties and does not evaluate them. sec. 9 para. 6 of this Agreement shall apply. (2) Personal Data Personal Data are particulars about personal and material circumstances of an identified or identifiable physical person, especially personal information like e.g. name, address, phone number and date of birth, as well as user-related information, necessary to access the service (e.g. log-in password). (3) Collection and use of data (3a) With any access to Gabi-Service, Gabi collects and records information about the used functions of the Service. Gabi will not conflate the aforementioned data with personal data, the collection, processing and use of such data will take place anonymously with the goal of better understanding of Users’ behavior and improvement of the Service and advertisement activities. (3b) Gabi -Service is based on the platform of the social network FACEBOOK. The full-scale use of the Gabi-Service is only possible in connection with a fully activated membership account with FACEBOOK, it requires that the User has logged in under his/her FACEBOOK account. (3c) Gabi utilizes Google Analytics, a web analysis service of Google Inc. („Google“). Google uses the cookies saved on the mobile device of the User to allow analysis of the use of the Service by the User. The data regarding the use of the Service by the User generated by cookies (including the IP address) will be passed on to a Google server in the United States of America and saved there. Google will use this data to evaluate the use of the Service, to compile a report to the Service Provider about the Service related activities and to offer further services related to the use of the Service. Google will also pass this data to third parties insofar as it is prescribed by law or as these third parties are tasked to process the data by Google. Google will not interconnect your IP-adress to other available data in its disposal. (4) Creating and transfer or user profiles (4a) For the purpose of continuous improvement of the Gabi -Service and market research, Gabi analyzes non-personal data collected and recorded from the User and links this data to anonymized user profiles, unless the User has objected to this. Gabi makes sure that the anonymized user profiles will not be pooled with the Personal Data. In the event the User does not wish such a profile to be created, he/she can declare his/her objection to Gabi via: gabi (at) gogogabi (dot)com. (4b) Gabi will make the anonymized user profiles available to third parties for the purpose of market research. (5) Transfer of data to public authorities Gabi reserves the right to disclose the data on a case by case basis upon request by a competent authority, insofar as it becomes necessary for the purpose of criminal prosecution, preventive measures of the police authorities of Federal States (Länder), for the purpose of fulfillment of legal functions by the Federal and State Offices for Protection of Constitution (Verfassungsschutz), Federal Intelligence Office or Military Counter-Intelligence Unit or to enforce intellectual property rights. (6) Linking with external providers (6a) The Gabi-Service uses application programming interfaces for FACEBOOK to connect the Gabi-Service with the services of FACEBOOK. The user area of respective services will be distinguished / indicated by relevant logos and distinguishable graphic design. A call-up of the Gabi-Service creates a connection with a FACEBOOK server. Upon activating the Service, FACEBOOK will be notified that the User has called up the Gabi-Service. In case the User is logged in under FACEBOOK, FACEBOOK can associate the visit with the FACEBOOK account of the User. Please see the data protection policy of FACEBOOK regarding the purpose and the scope of collection, dissemination and use of the data by FACEBOOK and about the relevant rights and setting options https://www.facebook.com/policy.php. Gabi is not responsible for data protection by FACEBOOK. (6b) To enable access to services of external providers, Gabi-service can contain links to websites, products or services of other companies. Gabi is not responsible for data protection by such companies and recommends that you instruct their data protection policies. (7) Right to access The User has at any time right to be provided information regarding his/her stored personal data and its origin and recipients as well as the purpose of the data processing. Any questions regarding data protection can be directed to the data protection officer of loui Apps, Juan Gabriel Palomino Garcia (email: gabi (at) gogogabi (dot) com). The User can request, modify, block or delete his/her data stored by Gabi via the same email-address. (8) Data deletion Gabi shall delete the collected data within twelve months, as long as such data is no more necessary for the purposes of collection and processing.
Safeguarding Clause Should one or several provisions of these Terms of Condition and Use be deemed ineffective or infeasible, this shall not affect the rest of the agreement. The ineffective or infeasible provision should be replaced by a provision with economic and legal effects most similar to the purposes envisioned by the parties. This also applies to any regulatory gaps in this agreement.
Applicable Jurisdiction The exclusive place of jurisdiction in regard to this agreement is the domicile of the Service Provider, insofar as it may be permissible by law.