Terms of Use for the ItchyMonsters App
Thank you for using the ItchyMonsters App! MonsterShack UG (limited liability) (hereinafter referred to as "we", "us", or "the Company") hopes that you enjoy it! These terms of use (the "Terms of Use") govern your use of the service (as defined in Section 1 below), along with the privacy policy ("Privacy Policy"), including your use of all information, images, graphics, upgrades, content, features, and services available within the service. By accessing and using the service, you agree to the Terms of Use and the Privacy Policy. If you are a minor in your country of residence, you confirm that your parents or guardians have reviewed and agreed to your use of the service in accordance with the provisions of the Terms of Use and Privacy Policy. If you or your parents or guardians do not agree to the Terms of Use or the Privacy Policy, you must not use the service.
§ 1 Definitions
The terminology used in the general terms and conditions is defined as follows:
"Users" are customers who use the service.
"The Service" refers to the service provided through the ItchyMonsters App or the official website via the Internet.
"Payment Processor" is a platform provider that the Company uses for payment processing related to the service.
"The Official Website" refers to the official website for the ItchyMonsters App.
"Virtual Content" is a general term referring to products and services within the service. This includes, among other things, items that can be used within the service to access specific components, features, and other virtual content.
§ 2 Minors
Minor users may only use the service if their parents or guardians have consented to the use of the service subject to the Terms of Use and the Privacy Policy.
§ 3 Scope of the General Terms and Conditions
All methods of use, rules, and other provisions regarding the service established by the Company are part of the Terms of Use, regardless of their naming.
§ 4 Content within the Service
The content of the service has no monetary value and cannot be redeemed for legal currency or valuables outside of the service. The content of the service is provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license within the service. You have no ownership rights; no legal claims or title rights to any content that appears in the service or originates therefrom, and such content may not be transferred or resold in any form that is not expressly permitted by us. We may terminate your license to use the content of the service at any time at our discretion.
§ 5 In-App Purchases and Subscriptions
The ItchyMonsters app offers certain content and features as part of a paid subscription model (hereinafter referred to as "Premium Version"). These in-app purchases are processed through the respective app store platforms (Apple App Store or Google Play Store). Thus, the contract is concluded directly between the user and the respective app store operator, and the respective usage and payment conditions of these providers additionally apply.
The subscription automatically renews for the selected period (e.g., monthly or annually), unless it is cancelled at least 24 hours before the end of the term in the respective app store. Cancellation of the subscription can only be done via the account management in the relevant app store.
Access to the Premium Version begins immediately after confirmation of purchase by the app store. The right of withdrawal may be restricted according to the terms of the respective app store.
The subscription prices applicable are displayed in the respective app store (Apple App Store or Google Play Store) and include statutory value-added tax, if applicable. The prices stated at the time of contract conclusion are decisive. Prices may vary depending on the country, currency, or individual conditions of the app store.
§ 6 Right of Withdrawal
As a consumer, you generally have a statutory right of withdrawal.
Since the subscription is only purchased through the Apple App Store or Google Play Store, the exercise of the right of withdrawal is governed by the rules applicable there.
Further information on the right of withdrawal, deadlines, and procedures can be found in the terms of the respective app stores.
The right of withdrawal may expire for digital content under certain conditions, especially if the execution of the contract has already begun.
§ 7 Changes to the Service and Terms of Use
We may change the content of the service at any time without notifying you. Installation of the updated version of the application may be required for you to continue using the service, and we are not obliged to provide support or updates for outdated versions.
We will change the service and the Terms of Use whenever necessary.
If we change the Terms of Use, this information will be published within the service or on the official website. Changes to the Terms of Use will take effect as soon as they are published via the service or the official website. We consider your continued use of the service as agreement to the updated Terms of Use.
§ 8 Registration and Account Linking
Users can create an account by providing their email address and setting a self-chosen password.
Users can log in simultaneously on multiple devices with the same account linked to this service. However, we cannot recommend the simultaneous use on multiple devices with the same account. In particular, we do not guarantee flawless live synchronous use on multiple devices with the same account.
§ 9 Personal Data
Personal data provided to us by a user through the service is treated in accordance with the Privacy Policy, which we may adjust from time to time as necessary.
When using the Premium Version of the app, additional personal data may be processed, such as usage frequency data, device information, or feedback on premium features. This data processing occurs solely in accordance with the Privacy Policy and serves to improve functionality and product development. No sharing with third parties occurs, unless required by law or otherwise stated in the Privacy Policy.
§ 10 Obligations Arising from Use
You are responsible for your use of the service.
We do not guarantee that the service is free from defects or errors, and are not liable for the correction of defects or errors.
We make no guarantees regarding the use of the service or its virtual content on any devices.
If you cause damage to us or others through the use of the service, you are personally liable for the costs of compensation.
The service may contain links to websites operated by third parties. We accept no responsibility for the content of these websites.
We will provide the service based on your information. We are not liable for losses or damages due to errors or inaccurate information that you provide to us.
§ 11 Intellectual Property Rights
Users acquire no intellectual property rights, no claim rights, or other rights to the contents of the service, particularly regarding user data, collected information, or other information arising from the use of the service. The use of such content outside of the service is also prohibited.
§ 12 Suspension/Modification/Cancellation of the Service
We may, at our discretion and without prior notice, restrict, terminate or suspend your use of all or some features of the service.
We can notify users at least 5 days in advance via the service or the official website if the service is to be terminated.
We may also block or terminate your user profile at our discretion and without prior notice, and delete all related information if we determine that you have violated the Terms of Use, Privacy Policy and/or other applicable laws.
Even in the cases listed in the previous sections, we assume no responsibility for users unless legally required.
§ 13 Prohibited Actions
The following actions are prohibited:
Collection of virtual content or other data from the service using illegal methods.
Disclosure of data from the service to third parties.
Duplication of data from the service and provision of such duplication to third parties.
Violation of our or others' intellectual property rights or other rights, including creating derivative works based on the content of the service or parts thereof or reproducing, distributing, disclosing, or publicly performing the service or any parts thereof.
Using the service for the benefit of third parties (not subject to these Terms of Use), particularly within the framework of an outsourcing, service office, or time-sharing agreement.
Using unauthorized third-party software or other technological means (e.g., bots, mods, hacks, and scripts) to alter the application for the service.
Infiltrating the server on which the service is operated.
Actions that may lead to malfunctions, errors, or other defects in the servers on which the service is operated.
Excessive and unnecessary installation of the application for the service on numerous devices.
Developing illegal programs, tools, or applications, regardless of their designation, whose aim is to use the service illegally. Further provision of the program etc. for others or allowing use of the program etc.
Any alteration (including distortion), repair, adaptation, creation of derivative works, decompilation, disassembly, or reverse engineering of the data from the service or similar actions.
Allowing others to execute any of the actions outlined above or influencing others to carry out any of the actions mentioned above.
Supporting others in carrying out the above actions or assisting through one's own actions.
Actions that we have prohibited through notifications to users or announcements via the service or the official website.
Any actions that would hinder the operation of the service.
Attempts to circumvent restrictions in the service regarding age or location or any other restrictions imposed by us.
Any actions that we deem inappropriate.
Any of the above actions may result in corrective measures at our discretion.
§ 14 Indemnification
You agree to indemnify us and all related companies as well as all officers, directors, owners, employees, representatives, information providers, subsidiaries, licensors, and licensees from all claims, costs, and damages, to defend them and to hold them harmless regarding losses, liabilities, and expenses (including attorney fees and costs) arising out of or in connection with your use of the service. You will make your best efforts to cooperate with us in defending against claims from third parties. We reserve the right to assume sole defense and control over any matters for which you would otherwise be liable for damages.
§ 15 Disclaimer of Liability
The service is provided without warranty and may not function on every device or in every situation. AS FAR AS THIS IS PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTIES – EXPRESS, IMPLIED, OR BY STATUTE – REGARDING THE APPLICATION, INCLUDING IMPLIED WARRANTIES, OBLIGATIONS, OR CONDITIONS REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, FUNCTIONALITY, VIRUS FREEDOM, AND NONEXISTENCE OF NEGLIGENCE LIABILITY UNDER COMMON LAW. FURTHER, NO WARRANTY OF TITLE, NON-INFRINGEMENT, OR CONSISTENCY WITH DESCRIPTIONS IS GIVEN REGARDING THE SERVICE.
AS FAR AS PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, AGENTS, DIRECTORS, OWNERS, EMPLOYEES, INFORMATION PROVIDERS, SUBSIDIARIES, LICENSORS, AND LICENSEES WILL BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR FOR ANY OTHER REASON FOR LOSS OR INACCURACY OF DATA OR THE COST TO OBTAIN SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGIES OR FOR DAMAGES RESULTING FROM SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF INFORMATION RESULTING FROM THE USE OF THE SERVICE, PERSONAL INJURIES, DATA PRIVACY VIOLATIONS, OR NEGLIGENCE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, EVEN IN CASE OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR WARRANTY BY THE COMPANY, ITS LICENSORS OR AGENTS, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the above disclaimers, we are liable for damages for loss or injury to a user, the scope of this liability will be limited to compensation for normal damages that directly affect the user and does not include compensation for lost wages or other special contingent damages. Furthermore, the total amount of damages will be limited to the total amount a user has paid for the service.
§ 16 Governing Law/Jurisdiction
The Terms of Use are governed by German law.
In the event of disputes between us and users, the local court of Hamburg shall have exclusive jurisdiction in the first instance of this legal dispute. Mandatory legal regulations regarding jurisdiction for consumers remain unaffected.
§ 17 Links to Third-Party Websites
During the use of the service, you may be provided with links to other websites either controlled by us, an affiliate, or an unconnected third party. Once you leave the service, the Terms of Use no longer apply, and you are subject to the Terms of Use and Privacy Policy of the linked websites.
§ 18 Feedback
We may offer you the opportunity to let us know what works with the service and what does not. By responding to any of our requests for information or reporting any errors in the service or other issues you encounter with the service, you agree that any rights you have in such feedback are assigned to us.
§ 19 Medical Disclaimer
The content displayed on the website or in the ItchyMonsters App is for informational purposes only and general education. It does not constitute a recommendation or promotion of the methods or treatments described or mentioned.
The contents of MonsterShack UG (limited liability) do not claim completeness, nor can the currency, accuracy, and balance of the information provided be guaranteed.
The contents of MonsterShack UG (limited liability) do not replace professional advice from a doctor or pharmacist and should not be used as a basis for self-diagnosis or initiation, change, or cessation of treatment for diseases. Always consult the doctor of your choice for health concerns or complaints.
MonsterShack UG (limited liability) accepts no liability for inconveniences or damages resulting from the application of the information presented here.
