Terms and Conditions of Atko Software UG (limited)

Content

  1. Preamble
  2. Agreement, Term and Termination, in-app-purchases via the respective app store
  3. Scope of the License
  4. Payments and Right of Withdrawal
  5. Liability
  6. Intellectual Property
  7. Online Dispute Resolution
  8. Final Provisions
  1. Preamble
    1. Atko Software UG (limited) (hereinafter: “Atko” or “We”) is the developer of this app. Atko is a company founded and registered under German law with the registration number HRB 256135 (Register Court Munich) at the registered address Triebstraße 13 in 80997 Munich, email info@atko-software.com
    2. This end user license agreement (hereinafter: “EULA”) appies to the use of the Atko app and its content. You must accept the EULA when purchasing the app on the respective application platform before downloading it for the first time and bind you to Atko for the duration of the contractual relationship. Payment and administration of the subscription to the app shall be handled via the respective application platform in accordance with section 2. You acknowledge that you had the opportunity to review the terms of use of the respective application plattform.
    3. We are entitled to change the EULA and will notify you of these changes accordingly and separately. In the event that you do not agree to the new terms of the EULA, the contractual relationship terminates at the end of the current term.
    4. You represent and warrant that (i) you are not located in a country that is embargoed by the US government or that has been designated by the US government as a “terrorist supporting” country; and (ii) you are not on any US Government list of prohibited or restricted parties.
  2. Agreement, Term and Termination, in-app-purchases via the respective app store
    1. The app is offered as a monthly, paid subscription in the form of a self-renewing in-app subscription.
    2. After having subscribed to the app, you will receive an order confirmation to the email address you provided.
    3. Both, billing (see chapter 4 payment processing) and administration of the subscription take place exclusively via your account on the respective application platform. The respective application platform will also provide you with details of the costs.
    4. The subscription is automatically renewed for a further month after one month. A few days before the expiry, you will receive a reminder on the email you provided. The automatic renewal of the monthly subscription can be deactivated up to 24 hours before expiration via the respective account settings in your application platform. Times refer to CET/MEZ Europe/Berlin (Central European Time).
    5. The app can no longer be used after the subscription has expired. You will be informed of this by the corresponding message “There is no valid subscription”.
    6. The subscription starts with free use for the first three days. After that, the app can only be used with the paid subscription.
  3. Scope of the License
    1. Atko grants you a non-exclusive, non-transferable right to use the content made available in the app for the term of the subscription. Our app is for entertainment purposes only. The content of the app is a real-time data analysis of sporting events, which allows you to participate more intensively in the sporting event and helps you to better understand the games played. The analysis is based on analytical data that are calculated using an algorithm. The analysis results and tips are based on probabilities and are not reliable predictions of the course and outcome of the sporting event. The data is provided exclusively for entertainment purposes. This does not give you any recommendations for action. Use of the data is at your own risk and at your personal economic and legal risk.
    2. We reserve the right to change the app at any time in a way that is reasonable for you. This is done to further develop the app or to improve its quality. This relates to both technical and content-related developments.
    3. If you have any complaints or you are dissatisfied with our service, please contact us using the contact details given in section 1. a.
  4. Payments and Right of Withdrawal
    1. The processing of payments does not take place via Atko, but directly with the operator of the respective application platform via your user account in that application platform.
    2. As soon as you have confirmed the purchase of the subscription on the application platform, your user account on that application platform will be debited with the corresponding amount.
    3. A payment made by you will be reimbursed to the respective application platform.
    4. As a consumer, you have a 14-day right of withdrawal. You can only exercise this right of withdrawal vis-à-vis the provider of the respective application platform. In this respect, the general terms of use of the respective application platform apply.
  5. Liability
    1. We shall not be liable for the occurrence of the forecast events. The analysis data is provided exclusively for entertainment purposes. Liability for damage resulting from the use of the data is excluded.
    2. We shall only be liable for damage due to injury to life, limb or health, in the event of willful intent or gross negligence.
    3. In particular, we limit the liability for data loss to the typical effort of restoration which would have occurred if backup copies had been made regularly and in accordance with the risk.
    4. In the event of negligence, we are only liable for compensation for the foreseeable and verifiable damage typical for the contract and only insofar as an obligation, the proper fulfillment of which enables the implementation of this contract and which you could rely on, has been violated by us, a legal representative or vicarious agent . If the negligent breach of duty is not of essential importance for achieving the purpose of the contract, we exclude our liability. Any other liability is excluded to the extent permitted by law.
    5. You also have the right to submit claims to the application platform, whereby these are limited to repayment of the subscription costs. The liability for the content of the app as well as warranty and guarantee claims from it lie exclusively with Atko.
    6. You acknowledge that claims from this contract against you can also be asserted and enforced by the application platform as a third party beneficiary.
  6. Intellectual Property
    1. Atko Software UG and the Atko Software UG logo are registered trademarks of Atko. Any unauthorized use of the brand name and / or the logo can lead to legal action by us.
    2. All content of the app is the sole intellectual property of Atko. Any unauthorized reproduction or use of the content shall cause legal action.
    3. Third party claims relating to the infringement of intellectual property by the app have to be asserted against Atko. The application platform assumes no liability in this respect.
  7. Online Dispute Resolution
    1. Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes without the involvement of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/.
    2. The authorities only deal with complaints of a serious nature and of some relevance.
  8. Final Provisions
    1. The laws of the Federal Republic of Germany apply to the exclusion of international private law and United Nations Convention for the international Sale of Goods (CISG).
    2. Place of jurisdiction is our place of business to the extent permitted by law.
    3. For information in connection with the handling of personal data, reference is made to our Privacy Policy.
    4. Should any provision of this EULA be or become fully or partially invalid or unenforceable, this shall not affect the validity of the remaining agreement. Instead of the ineffective or unenforceable provision, a provision is deemed to have been agreed that comes closest to the purpose of the ineffective, invalid or unenforceable provision.

Last update: 26. August 2020

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Atko Software Entwicklung UG
Triebstraße 13
80993 München
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