Terms of use for the Fortunica App

  1. Scope and application

1.1 These terms of use apply to the use of the app “Fortunica” (hereinafter referred to as the “application”), which is provided by adviqo AG, Zimmerstraße 68, 10117 Berlin (hereinafter referred to as “adviqo”). The relevant app store provider’s terms of use shall also apply. If the user is domiciled in Brazil and uses the payment methods “credit card” and/or “boleto bancario”, a different, direct terms of use agreement shall be in place between the user and the payment service provider, primeiroPay. Under these circumstances, the general terms and conditions of primeiroPay shall also apply. These may be found at http://primeiropay.com/pub/tcs_br.html.

1.2 Should it be necessary, adviqo is entitled to change these terms of use, with effect for the future. In that event, adviqo shall inform the user of the changes in an appropriate form. The changes shall be deemed to have been accepted if the user 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. adviqo is entitled to terminate the user’s account in case of objection.

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

  1. Services, conclusion of the contract

2.1 adviqo shall make the application available to the user for Internet-enabled mobile end devices such as smartphones and tablet PCs (hereinafter referred to as “end devices”). Through the application, the user can take advantage of free and premium consultancy services.

2.2 By registering, the user can conduct a question/answer dialogue with consultants subject to a charge; without registering, the user can follow dialogues in what is known as the “timeline” anonymously and free of charge. The relevant consultant can also be reached by telephone via the application. The telephone consultation may require the user to register again with adviqo’s call centre. Registration for the application itself is free of charge. Telephone fees may be charged by the network operator.

2.3 As part of the premium service, the user can ask a randomly selected or particular consultant a specific question. The corresponding price of an answer to a specific question is communicated to the user before the question is submitted; the user confirms the cost by submitting the question, i.e. the confirmation shall constitute an offer from the user to conclude a contract. The user’s offer is deemed accepted by the consultant no later than when a reply to the question is provided and this leads to the conclusion of a contract for the answer to a specific question. The user undertakes to pay the agreed price in the event of a booking.

2.4 As part of the premium offer, the user may purchase flat-rate question packages which allow them to ask a specific number of questions within a certain period. The user selects the price and time period options; these are displayed to the user in a pop-up window. The user confirms the price and time period by clicking in the pop-up window. Their confirmation shall be deemed an offer from the user. The user’s offer is deemed accepted by the consultant no later than when the question package is credited to the user’s account and this shall lead to the conclusion of a contract for the purchase of a question package. The user’s right to ask a certain number of questions for the agreed package price ceases with the expiry of the agreed period. The user undertakes to pay the agreed flat-rate fee in the event of booking a question package. Ordinary termination of the agreement concerning the use of a flat-rate question package is not possible before the end of the agreed period.

2.5 All prices and fees include the applicable statutory VAT.

2.6 Fees are billed by the app store provider according to the payment method selected by the user.

2.7 The use of the Internet required for the application is not included in the deliverables. The user 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.

2.8 adviqo provides the application only. The responsibility for all content which the user transmits while using the application lies exclusively with the user. adviqo is not obliged to examine content transmitted by the user when using the application for any legal infringements. If adviqo establishes that certain content (text, videos, logos etc.) violates applicable law and/or the rights of third parties, adviqo shall be entitled to delete the questionable content and block the user concerned without prior notice.

2.9 The user accepts that advertising banners, videos and/or other advertising formats may be inserted where applicable during use of the application.

  1. Rights of use

3.1 Only private individuals over 18 are entitled to use the application.

3.2 adviqo grants the user a non-exclusive, non-transferable right to use adviqo’s services via the application to the agreed extent. Consequently, adviqo grants the user the non-exclusive, non-transferable right to install and use the application’s software on the user’s devices. The user may only use the application for private purposes; commercial use is not permitted.

3.3 adviqo reserves the right to provide software updates from time to time, but is not obliged to do so.

  1. Right of withdrawal for consumers for premium services

In the event that the user has their habitual residence in the European Union, the following shall apply:

WITHDRAWAL POLICY

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is 14 days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us (adviqo AG, Zimmerstraße 68,10117 Berlin, Fax: +49 (0) 30 224455-0100; e-mail: info@fortunica-app.com) of your decision to withdraw from the contract by means of a clear declaration (e.g. by letter, fax or e-mail). You may use the attached withdrawal form template. However, this is not obligatory.

In order to meet the deadline for withdrawal, you must simply send us your notification regarding the exercising of the rights of withdrawal prior to the end of the withdrawal period.

Consequences of withdrawal

Should you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs arising from your selection of a different type of delivery than the cheapest standard delivery option we offer), immediately and within a maximum of 14 days from the date on which we received notification of your withdrawal from this contract. For this refund, we shall use the same payment method that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances shall you be charged any fees as a result of this refund.

If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount in proportion to the services we provided prior to the point where you informed us of the exercising of the rights of withdrawal with regard to this contract, in comparison to the total amount for the services set out in the contract.

END OF WITHDRAWAL POLICY
(If you would like to withdraw from the contract, please complete this form and return it to us.)
Withdrawal form template

To adviqo AG, Zimmerstraße 68, 10117 Berlin, Fax: +49 (0) 30 224455-0100; e-mail: info@fortunica-app.com

I/we (*) hereby withdraw from the contract I/we (*) concluded regarding the sale of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*)

Name of user(s)

Address of user(s)

Signature of user(s) (only for paper correspondence)

Date

(*) Delete as applicable

  1. User rights and obligations

5.1 adviqo only provides the user with the functionality of the application. The user has no entitlement to have the questions answered in a particular manner.

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 – may occur. The services provided by adviqo are therefore restricted to the provision of the application within the limits of the technical and operational possibilities. No user claims regarding downtimes shall be accepted. 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 videos/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 cases such as those described in 5.3, adviqo reserves the right to not pass on or answer questions. Adviqo reserves the same rights when a user’s question cannot be answered for logical reasons, e.g. if it contains no interrogative sentence. However, adviqo’s claim for payment shall remain unaffected in such cases.

5.5 The user expressly guarantees that it holds all rights to the content which are required for the content it provides 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 5.3. The right of indemnity shall also apply to costs and expenses (including reasonable legal fees) incurred by 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.

  1. Transfer of rights

The user transfers the non-exclusive, free-of-charge 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.

  1. 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 an essential obligation 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 contractual partner 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, answers from our consultants are neither suitable for the purpose of, nor intended for, the replacement of professional advice from members of the relevant professional groups. The consultants are therefore, 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 also remains unaffected.

  1. Data protection

8.1 adviqo collects, stores and processes user data 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.

  1. Dispute resolution

9.1 The European Commission provides a platform for online dispute resolution (ODR platform) at http://ec.europa.eu/consumers/odr. Consumers can use this platform to resolve their disputes.

9.2 adviqo is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration panel.

  1. Choice of law, place of performance, place of jurisdiction, severability

10.1 The law of the Federal Republic of Germany shall apply, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is the consumer, this choice of law shall only apply if cover is not provided by the mandatory legal provisions of the state in which the consumer’s habitual residence is located.

10.2 If the customer is not the consumer, the place of performance and jurisdiction shall be adviqo’s registered headquarters. The same applies if the customer has no general jurisdiction in Germany or the EU or if his/her domicile or habitual residence are not known when the legal proceedings are initiated. adviqo reserves the right to take recourse in another statutory place of jurisdiction.

10.3 The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions.

 

Date: 09.05.2017

Last Update: 09.05.2017