Terms of use for the Fortunica App

 

  1. Scope and application

1.1   These terms of use apply to the use of the Fortunica App, which is provided by Adviqo AG, Adviqo AG, Zimmerstraße 68, 10117 Berlin (‘Adviqo’) in addition to the terms of use for the App Store of iTunes Sarl, which can be accessed at apple.com/legal and stored.

1.2   Should it be necessary, Adviqo is entitled to change these terms of use, with effect for the future, in which this case Adviqo will inform the user of the changes in an appropriate form. The changes shall be deemed to have been accepted if the customer does not object within 14 days from the date of notification in writing or by email to info@adviqo.com. Adviqo will advise the user of the right to object and the legal consequences of a failure to meet the deadline in the notification. In the case of an objection, Adviqo shall be entitled to terminate the contract with the user.

1.3   Differing, contradictory or supplementary general terms and conditions will not form a part of the contract, even where knowledge of such exists, unless Adviqo has expressly agreed to their effectiveness in writing.

1.4. These terms of use can be accessed at https://app-fortunica.com/de/allgemeine-nutzungbedingungen/ and stored.

2. Services, conclusion of the contract

2.1   Adviqo shall place the Fortunica App (hereinafter referred to as the ‘Application’) at the user’s disposal for Internet-enabled mobile end devices such as smartphones and tablet PCs (hereinafter referred to as ‘end devices’). Through that application, the user can take advantage of consultancy services which are either free or subject to a charge. Following registration, the user can conduct a question/answer dialogue with consultants subject to a charge; without registration, the user can follow dialogues in the so-called ‘Timeline’ anonymously and free of charge. The respective consultant can also be reached by telephone from the application. The telephone consultation may require re-registration in Adviqo’s call centre. Registration for the application itself is free of charge. Telephone fees may be charged by the network operator.

2.2   In the context of the paid service, the user can ask a randomly selected or specific consultant a particular question. The user is then requested to confirm the cost of that question. The confirmation shall be considered an offer by the user. The offer is considered to be accepted no later than when a reply to the question is provided, which leads to the conclusion of a contract.

2.3   The relevant valid price for a question is communicated to the user before the question is submitted and the user confirms the cost by submitting the question. The invoicing of the fees for individual questions occurs immediately after confirmation of the cost of the question via the provider of the App Store, iTunes Sarl, or the Google Playstore, Google Inc., according to the payment method chosen by the user.

2.4   In addition, the user may purchase flat-rate question packages which allow it to pose a certain number of questions for a specified period. Further details concerning the price and term are set out in the chosen option, which the user has to explicitly confirm once again by clicking on a popup notification prior to the agreed term. The right to pose a certain number of questions for the agreed flat rate ceases with the expiry of the agreed period. The user undertakes to pay the agreed flat-rate fee in the event of a booking. Ordinary termination of the agreement concerning the use of a flat-rate question package is not possible before the end of the agreed period. In this case, the settlement takes places directly via Adviqo. All prices and fees of Adviqo are understood to include the respective statutory VAT.

2.5   The use of the Internet required for the application is not included in the deliverables. The user is must bear responsibility, independently and at his or her own expense, for the Internet access, the technical requirements as well as the configuration and performance of the end device for the use of the application and the currency of the required software.

2.6   Adviqo grants the user a non-exclusive, non-transferable right to use the services of Fortunica through the application to the agreed extent. This right is expressly limited to private, non-commercial use. The user accepts that banners, promotional videos and/or other advertising formats may be inserted during use of Fortunica.

2.7   Adviqo grants the user the non-exclusive, non-transferable right to install and use the application’s software on the user’s devices. Adviqo reserves the right to provide updates for the software (updates) from time to time, but is not obliged to do so.

2.8   Adviqo only provides the application. The responsibility for all content which the user submits while using the application lies exclusively with the user. Adviqo is not obliged to verify the content which is submitted by users while using the App for possible legal infringements. If Adviqo establishes that certain content or films violate existing laws or the rights of third parties, it shall be entitled to delete the content in question and block the user concerned without prior notice.

3.Usage authorization

Only natural persons having reached the age of 14 are entitled to use the application.

(Only) In the event that the user has his habitual residence in Germany, the following shall apply:

  1. Power of revocation

4.1   If the user is a consumer according to section 13 BGB (German Civil Code), he is entitled to a statutory right of revocation.

4.2   You can revoke your contractual declaration within one month in writing (for example by letter, fax, e-mail), without having to provide reasons for doing so. The period begins upon receipt of this notice in writing, but not before the conclusion of the contract and not before our information obligations are fulfilled under Article 202 in conjunction with Section 1 paragraph 1 and 2 of the EGBGB (Introductory Law to the German Civil Code) as well as our obligations under Section 312d of the EGBGB in conjunction with Article 20 section 3 of the EGBGB. To comply with the time limit, it is sufficient that the revocation be sent in good time. The revocation must be sent to Adviqo AG, Zimmerstraße 68, 10117 Berlin, Fax: +49 (0) 30 224455-0100; e-mail: info@fortunica-app.com

4.3   In the case of an effective revocation, the performances received by both parties must be returned and any benefits derived (for example interest) must be surrendered. Insofar as you cannot return received performance or benefits (for example benefits of use), in whole or in part, or you are only able to return them in a deteriorated condition, you must pay us compensation. This may mean that you must nevertheless fulfil the contractual payment obligations for the period up to the revocation. Obligations with respect to the reimbursement of payments must be fulfilled within 30 days. For you, the period begins when you send your revocation notice and for us upon receipt of the same.

4.4   Your right to revocation shall expire prematurely if the contract is completely fulfilled by both parties upon your express request before you exercise your right of revocation.

End of the revocation notice.

  1. User rights and obligations

5.1   Adviqo only places the functionality of the application at the user’s disposal. The user has no entitlement to have the questions answered in a particular manner. The user may only use the application for private purposes; commercial use is not permitted.

5.2   As far as possible, Adviqo endeavours to keep the application and the services of the application available for retrieval and use without interruptions. However, even where all due care is exercised downtimes such as those due to maintenance and software updates or technical or other problems that do not lie within the sphere of influence of Adviqo cannot be excluded. The services provided by Adviqo are therefore restricted to the provision of the application within the limits of the technical and operational possibilities. Claims of the user for such downtimes are excluded. Furthermore, Adviqo provides no guarantee for the establishment, maintenance and technical quality of the communication.

5.3   While using the application, the user must not use any illegal content or content that transgresses standards of public decency. In particular it must not store, reproduce, distribute, publish, perform, present or send such content and/or make it publicly accessible. Illegal content includes content which infringes intellectual, industrial or other rights of third parties, in particular copyrights, trademarks or personal rights of third parties. Moreover, while using the application the user must not use or reproduce, distribute, publish, offer and/or make publicly accessible any films having criminal or pornographic content, content which is harmful to minors or contrary to regulations or content which is racist and/or violent in nature.

5.4   In such cases, Adviqo reserves the right to not pass on or answer questions. This also applies when the question cannot be answered for logical reasons, for example if it contains no interrogative sentence. However, Adviqo’s claim for payment shall remain unaffected in such cases.

5.5   The user expressly warrants that it is the owner of all rights to the content which are required for the use of this content in the context of the application.

5.6   The user indemnifies Adviqo against claims of third parties asserted against Adviqo due to a violation of the provisions of these General Terms and Conditions, in particular the provisions of sections 4.1 or 4.2. The user shall bear the costs and expenses (including reasonable lawyer’s fees) arising for Adviqo due to the assertion of such claims.

5.7   Adviqo reserves the right to adapt the services offered or discontinue such services either temporarily or permanently in order to improve the application or to adapt it to technical or legal developments.

    6.Transfer of rights

6.1   The user transfers the non-exclusive, free-of-charge, transferable and geographically unlimited right to Adviqo to use, in particular to store, reproduce, distribute, publish, perform or present, send, make publicly accessible or otherwise use the content provided by the user within the framework of the application, to the extent this is required for the performance of the services by Adviqo in connection with this application.

7. Liability

7.1   Adviqo points out that users may take advantage of paid services whose basic principles and effects are not always demonstrable according to the current state of knowledge in science and technology, but which may merely constitute an inner conviction, a pertinent belief or an irrational attitude of the user or the consultant which is incomprehensible for third parties. The suitability and fitness of these services for achieving the outcome desired by the user may defy rational explanation.

7.2   Claims for damages against Adviqo or against its legal representatives, executive employees or other auxiliary persons or vicarious agents are excluded, unless intentional or grossly negligent acts have taken place or one of the essential obligations under the contract (key obligations) has been infringed. The key obligations include those obligations whose violation would imperil the purpose of the contract and on whose fulfilment the contracting parties can therefore generally rely. In case of a violation of key obligations, Adviqo is liable for any culpable conduct of its legal representatives, executive employees or other auxiliary persons or vicarious agents.

7.3   In particular, information is not suitable or intended to replace professional advice from members of the relevant professional groups. Adviqo’s consultants are, in particular, prohibited from providing medical, legal or tax information. Adherence to advice provided in information is outside the sphere of Adviqo’s responsibility. Each user acts at his or her own risk in this respect.

7.4   The above exclusions and limitations of liability do not apply to damage resulting from injury to life, limb or health, the provision of a warranty of condition or the fraudulent concealment of defects by Adviqo. Liability under the product liability law remains unaffected.

  1. Data protection

8.1   Adviqo collects, stores and processes data of the user in accordance with the data protection policy, which is downloadable at the following link: https://app-fortunica.com/de/datenschutz/

8.2   The user agrees to the collection, storage and processing of the data collected concerning his or her person to the extent, in the manner and for the purpose described in the data protection policy.

8.3   In addition, the user agrees to be informed of offers from Fortunica via e-mail by providing his or her e-mail address.

  1. Miscellaneous

9.1   Adviqo is entitled to commission third parties to provide the services governed by these terms of use.

9.2   The mandatory provisions of the law of the place in which the respective user has his/her habitual residence apply. Otherwise, German law applies.If the user is a trader, a legal entity under public law or a public special fund, the exclusive place of jurisdiction for any disputes arising from this contract is Berlin, insofar as this can be agreed under the laws of the place where the user has his/her habitual residence. The same applies if the user has no general jurisdiction in Germany or if his/her domicile or habitual residence are not known when the legal proceedings are initiated.

Last Update: 13.09.2016