These general terms and conditions (“terms and conditions”) of ummati GmbH (“ummati”) serve as the legal basis for the use of the ummati app (“app”) by its users (“user”).
In order to use the app, the user is required to register free of charge. For this purpose, ummati provides an input mask, which also enables the user to check and, if necessary, correct the information on a control page. Registration takes place after final confirmation of the information within the registration by the user through email confirmation from ummati, which once again refers to the local terms and conditions that can be retrieved and stored by the user (ummati will only store the contract text if required).
The user guarantees that he only enters information relating to him during the registration process and, in particular, does not use any personal data of third parties or other content relating to the rights of third parties.
Registration is excluded unless the user is 16 years old.
The user undertakes not to share the registration data with third parties. In the event of any other disclosure, the user shall inform ummati immediately after becoming aware of this.
ummati makes the app available to the user for retrieval via the Internet for the duration of this contract. ummati sets up the app on one of its servers, which is accessible to the user via the Internet. ummati is only responsible for the availability of the app on its own servers. In this regard, ummati ensures availability of 99% per month. The user is personally responsible for providing a suitable terminal device and a sufficient Internet connection. The user is also obliged to immediately report any deficiencies to ummati.
Although information and data can be stored in the app, the app does not act as cloud storage for the user, so that the user is encouraged to keep any information and data safe for themselves, provided that they do not infringe the rights of third parties as a result.
ummati grants the user a simple, non-exclusive, non-transferable right limited to the contract period to use the app as intended and only for their own purposes.
The source code of the app is not made available to the user and the user undertakes not to reverse engineer, disassemble, decompile, translate, or make improper disclosure, insofar as this is not permitted under applicable mandatory law.
The user may only reproduce the app to the extent necessary for the intended use. If the app is used in the browser, the user is not entitled to install the app even temporarily on his device or otherwise store the app on data carriers. If the app is used as a mobile app, the user is entitled to save the app on his mobile device in order to be able to use the app as intended.
Insofar as this is necessary for the intended use, the user will grant ummati the right to reproduce the data stored by ummati for the user. Should it be necessary to eliminate faults, ummati is allowed to make changes to the structure of the data and the data format.
The use of certain services within the app is only available subject to payment of a fee (“premium services”). Statutory liability for defects applies in this regard.
The fee is due in advance. The subscription to premium services (continuing obligation) expires for an indefinite period of time.
The contract for premium services is concluded via the Apple App Store or Google Play Store.
Cancellation policy/right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must contact us, ummati GmbH, Am Kaiserkai 69, 20457 Hamburg, tel.: +49 1634566651, e-mail: admin@ummati.one inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment.
If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form (If you want to cancel the contract, please fill out this form and send it back.)
To ummati GmbH, Am Kaiserkai 69, 20457
email: admin@ummati.one
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) /the provision of the following service (*)
- Ordered on (*) /received on (*)
- Name of consumer (s)
- address of the consumer (s)
- Signature of consumer (s) (only if notified on paper)
- Date
(*) Delete what is incorrect.
The premium services run indefinitely. Both parties can cancel the premium services on a monthly basis with a notice period of 24 hours until the end of the term of the premium service.
The extraordinary statutory right of termination remains unaffected by these regulations.
The parties are liable to each other without limitation: in the event of malice, intent or gross negligence; within the framework of a guarantee they have expressly assumed; for damage resulting from injury to life, limb or health.
For the breach of an essential contractual obligation, the fulfilment of which makes the proper execution of this contract possible in the first place and on whose compliance the parties may regularly rely and rely (“cardinal obligation”), the parties are liable limited to the damage reasonably expected upon conclusion of the contract.
Otherwise, liability on the part of the parties is excluded.
The provisions of the Product Liability Act remain unaffected.
On the basis of Article 14 (1) of Regulation (EU) 524/2013 on Online Dispute Resolution in Consumer Affairs (ODR Regulation), ummati is legally obliged to refer you to the European Online Dispute Resolution Platform (OS Platform) of the European Commission. You can find them at http://ec.europa.eu/odr achieve.
ummati is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.