Terms of Use
Below you will find the Terms of Use for the Groupetto application (hereinafter referred to as the „App“). We attach great importance to the protection of your personal data. Please also note our privacy policy. These are part of the present terms of use.
1. Scope of these Terms of Use
Groupetto is an app for recording activities with detailed route information (such as duration and length of the activity, altitude meters), as well as data from sensors connected to Groupetto via Bluetooth technology. These activities can optionally be shared by the user with a third-party service or exported as a file.
By using the Groupetto App, the user accepts the Groupetto Terms of Use.
2. Contact details
If you have any questions regarding our app, you can reach us at the following contact details:
Groupetto UG (haftungsbeschränkt)
Johann-Sebastian-Bach-Str. 32
79104 Freiburg
E-Mail: info@groupetto.app
3. Costs of using the services of Groupetto, connection fees
Groupetto provides its services to the user free of charge.
If the user shares his activities stored in Groupetto with a third party service, connection or transmission fees will be charged additionally on a regular basis, which the user has to pay to his access provider or mobile operator.
If the Licensee uses our Services under a paid subscription, the following provisions apply:
3.1 Payment: Payment will be charged to the User’s iTunes account upon confirmation of the purchase.
3.2 Automatic Renewal: The Subscription will renew automatically until it is cancelled in the user’s iTunes account settings under „Manage Subscriptions“. Groupetto will notify the user if the price of the Subscription increases and, if necessary, obtain user’s consent to continue.
3.2.1 Payment: The user will not be debited more than 24 hours before the start of the new subscription period. If the debit cannot be made for any reason (e.g., expiration or insufficient funds in the payment method) and the user has not cancelled the subscription, the user will remain responsible for any uncollected amounts and we will attempt to debit the payment method as he/she may update his/her payment method information. This may result in a change to the start date of the next subscription period and change the date it is billed for each period.
3.3 Free Trial: If Groupetto offers a free trial subscription and the user decides to cancel the subscription before being charged for it, the user may cancel the subscription before the end of the free trial period.
4. Modification of the scope of services offered by Groupetto
Groupetto reserves the right to change, extend, limit or discontinue the content, graphics and/or functionality of the Groupetto app and/or the solutions offered by Groupetto at any time. The same applies to the services offered by Groupetto.
5. Temporal Availability
The user acknowledges that Groupetto cannot technically guarantee a temporally uninterrupted availability of its own app, the services of third parties and the individual services of Groupetto (especially in the form of the GPS signal and the sending and receiving of data via the user’s mobile connection) and that the user has no claim against Groupetto for such permanent availability. In particular, Groupetto reserves the right to limit or temporarily suspend its services for maintenance, security or capacity reasons at Groupetto’s discretion.
6. Duties of the user
Private and Commercial Use:
The user agrees to use Groupetto only for legal, reasonable and in accordance with these Terms of Use and any other related terms of use, applicable policies or guidelines. Therefore, the user is not allowed to use services provided and made publicly available on the Groupetto platform, including all content and functions, in any other way than with the described and provided possibilities.
Refrain from disruptions and misuse:
The user is also obliged to refrain from all actions that are likely to impair the functionality of the platform and the services of Groupetto, especially to overload them.
7. Liability of Groupetto
For damages caused to a user by a slightly negligent breach of duty attributable to Groupetto, Groupetto is only liable to the extent that the damage is foreseeable and typical for the type of service and directly caused by the breach of duty. In particular, the liability for data loss is limited to the typical recovery effort, which would have occurred in case of regular and risk-appropriate making of backup copies. If the obligation violated by slight negligence is not essential for achieving the purpose of the contract, Groupetto’s liability is excluded.
The aforementioned limitations of liability also include any claims of the user for the compensation of such expenses, which the user has made and could reasonably be expected to make in reliance on the receipt of a performance in accordance with the contract.
On the other hand, Groupetto is liable to users without limitation for damages resulting from injury to life, body or health, which are based on an intentional or grossly negligent breach of duty by Groupetto or its legal representatives or vicarious agents, as well as for other damages, which are based on an intentional or grossly negligent breach of duty or fraudulent intent by one of the aforementioned persons. Furthermore, Groupetto is liable to users without limitation for damages that are covered by the liability according to mandatory legal regulations as well as in the case of possible assumption of a guarantee by Groupetto.
As far as nothing else results from the above regulations, any liability of Groupetto – regardless of the legal reason – is excluded.
8. Data Protection
Groupetto electronically processes the data provided by the user only for purposes resulting from the contract concluded by the user for the use of Groupetto’s services. Accordingly, Groupetto will disclose data to third parties only within the scope of the purpose of the contract.
Further details are provided separately in the privacy policy.
9. Final provisions
Groupetto reserves the right to change these terms of use at any time without giving reasons, unless this is not reasonable for the user. Groupetto will inform the user about changes of the terms of use in time. If the user does not object to the validity of the new Terms of Use within six (6) weeks after notification, the amended Terms of Use shall be deemed accepted by the user. Groupetto will inform the user in the notification about his right to object and the importance of the objection period.
Unless otherwise agreed upon, the user can send all declarations to Groupetto by e-mail or send them by letter to Groupetto.
These terms of use are governed by the laws of the Federal Republic of Germany excluding the UN Convention of Contracts for the International Sales of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from these terms of use is the registered office of the service provider, as far as such a jurisdiction agreement is permissible.
Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.
Date September 4, 2023