1 Scope of Application
- Provider of the app is Lemonadd UG (limited liability), Lohmühlenstraße 65, Berlin (hereinafter: “Lemonadd”), e-mail: firstname.lastname@example.org.
- The app is available for download from the Apple App Store.
- Any regulations or general terms and conditions of the user that deviate from these General Terms and Conditions of Use shall only apply if Lemonadd has given its prior written consent.
- The user is a consumer, as far as the purpose of using the app and services of Lemonadd cannot be predominantly attributed to his commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
2 Subject Matter of the Contract
- The subject of the agreement is the free use of the app, which can be obtained by the user via the App Store and Google Play Store.
- Bouncy’s premium video platform offers an extensive range of functionalities for artists to interact with fans in a new way, creating a revenue stream for verified artists.
- After registering, the user has the option to view various verified artist profiles and join the waiting list if needed.
- As soon as free slots are available, the user can take out a paid subscription via “Become a member”. The artist has selected his own price for this in advance.
- Without a subscription, the user can only view the artist’s free content. If a subscription has been purchased, the user can view premium videos and text posts and interact with the posts in the form of “likes” and comments.
- Once a user has successfully gone through the verification process, they are officially a Bouncy artist
- As a Bouncy Artist, posts can now be offered behind a monthly subscription. Contributions can be uploaded to subscribers only or publicly available.
- Income of the artist is shown monthly in the income overview and is thus ready for payment to the previously specified account.
- The income is 80% of the net income minus fees from payment service providers Apple or Google. The payout takes 3-5 business days depending on the bank.
- The artist is responsible for the presentation and content of his profile. In addition, the user can make various settings that change the information displayed.
- The constant availability of the Lemonadd service cannot be guaranteed. The Lemonadd system may need to be switched offline for maintenance, for example. Also, the failure of the music cannot be excluded, because a stable Internet connection is necessary for the use of the app.
3 Conclusion of Contract
- The present contract between Lemonadd and the user comes into effect when the user clicks the corresponding button “Download”, “Buy”, “Install”, “Pay with Touch ID”, “Pay with Face ID” or the price button on the page of the app description of the respective AppStore and enters his personal password for the AppStore if necessary.
- A claim to the conclusion of a contract does not exist.
4 Functionality of the app
- The app and the website requires a stable Internet connection on the user’s device (usually smartphone).
- The website can be used with the currently popular browsers (Chrome, Safari, Firefox etc.). The user is obliged to keep his browser up to date for proper use and in particular to import all security-relevant updates of the browser.
- The app works on smartphones with iOS operating system version 9.0 or higher, as well as Android operating systems. Older versions of these operating systems are not supported. Hardware with older operating systems may therefore experience compatibility and interoperability problems.
- With regard to the processing of personal data, the regulations in the data protection declaration, which can be accessed on the website or within the app, apply.
5 Optimization of the app
- Lemonadd is constantly working on optimizing the app and the services offered. Therefore, Lemonadd reserves the right to add or remove functions and features and possibly introduce new restrictions of the app or the services. The user may terminate the use of the app at any time.
6 Third Party Content
- The app and website contain content and information about various users. These contents of the app and the corresponding areas of the website are created solely by the participating users and made available via the app or website.
- Lemonadd does not check these contents for completeness, topicality or correctness. Lemonadd can therefore accept no liability for the completeness, correctness, up-to-dateness and quality of the contents of the information provided by the user.
7 Protection of copyright Content
- The app contains content which is protected by copyright, trademark and/or other protective rights in favour of Lemonadd or in favour of third parties.
- The rights to content that a user posts within the framework of the app remain with the respective user. However, the user grants Lemonadd a simple, free and revocable right to use the content, in particular the right to make the content publicly accessible.
8 Account and Registration
- The prerequisite for the provision of a Party via the app is the user’s registration with “Bouncy”app.
- Registration is done either via email and password or Apple/Google.
- Verification requires the following information: First and last name, address, VAT ID.
- The user can only be a single natural person. Groups such as families, friends, life partners, etc. and legal entities are not admitted as users. The user name chosen by the user may not infringe the rights of third parties and may not violate existing legal prohibitions or morality.
- The user assures that the information provided by him during registration is complete and true. The registration of the user by third parties is not permitted. Upon successful registration, a user account is created for the user, which he can administer independently. The user account is not transferable, unless Lemonadd has given its express written consent.
9 Duties of the User
- The user is obliged to keep the data provided during registration up to date. Changes of his data, in particular a change of his email, he will inform Lemonadd immediately. The notification can also be made by changing the data in the user account.
- The user is obliged to keep his access data secret at all times and to protect them from access by third parties.
- It is not permitted to use the access data of another user.
- If the user suspects that his access data was obtained by third parties without authorization or is used without authorization, he will inform Lemonadd immediately and change his data.
- The user is obliged to refrain from all measures and actions that endanger or disrupt the functioning of the app or the website. Furthermore, he is obliged not to access data to which the user is not entitled.
- The retrieval of content made available by Lemonadd may only take place in such a way that the use of the app/website by the other users is not impaired.
- Communication between Lemonadd and the user usually takes place via e-mail messages. The user therefore ensures that the email address provided during registration is regularly checked for messages from Lemonadd.
- Claims of the user for damages are excluded. Excluded from this are claims for damages of the user from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by Lemonadd, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
- In the event of a breach of essential contractual obligations, Lemonadd is only liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, body or health.
- The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of Lemonadd, if claims are asserted directly against them.
- The limitations of liability resulting from paragraphs 1 and 2 do not apply if Lemonadd maliciously concealed the defect or assumed a guarantee for the quality of the item. The same applies if Lemonadd and the user have made an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
11 Arbitration and Settlement of Disputes
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
12 Other Provisions
- Contracts between Lemonadd and the user are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the user as consumer has his habitual residence, shall remain unaffected.
- If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and Lemonadd is the registered office of Lemonadd.
- The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory provisions. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.
Status of the GTC: April 2021