Terms and Conditions for Applications by Philipp Baldauf

Last Updated: 13.01.2025

Contact Information:
Philipp Baldauf
Industriezeile 35, 4020 Linz, Austria
Email: [email protected]

These Terms and Conditions ("Terms") govern your use of any mobile applications ("Application" or "Applications") developed and provided by Philipp Baldauf ("Owner", "We", "Us"). These Terms constitute a legally binding agreement between you ("User", "You") and the Owner regarding your access to and use of the Applications.

Please read these Terms carefully before using any of our Applications.

By downloading, installing, or using any of our Applications, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use any of the Applications.

1. General Provisions

  • Scope: These Terms apply to all Applications developed by Philipp Baldauf, whether free, paid for with a one-time fee, or offered via auto-renewing subscriptions through the Apple App Store.
  • Eligibility:
    • You must be at least 13 years old to use the Applications.
    • You must qualify as a Consumer, meaning you use the Applications for personal purposes outside your trade, business, craft, or profession.
  • Governing Law and Jurisdiction: These Terms are governed by the laws of Austria. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Linz, Austria.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Invalid provisions will be replaced by valid provisions that most closely match the intent of the original provision, in accordance with Austrian law.
  • No Waiver: The Owner's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

2. Use of Applications

  • License: The Owner grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Applications for your personal, non-commercial use, subject to these Terms.
  • Restrictions: You may not:
    • Copy, modify, distribute, sell, sublicense, or reverse-engineer the Applications or any part thereof, except as explicitly permitted under applicable Austrian copyright law.
    • Use the Applications for any illegal or unauthorized purpose.
    • Remove or alter any copyright or other proprietary notices on the Applications.
    • Use the Applications in a way that violates any applicable law, regulation, or third-party rights.
    • Attempt to gain unauthorized access to any systems or networks connected to the Applications.
    • Use the Applications while operating a vehicle or engaging in any activity that requires your full attention, such as walking in traffic. Always be aware of your surroundings and use the applications safely and responsibly.
  • Updates: The Owner may release updates or new versions of the Applications from time to time. These Terms will apply to all such updates unless the update is accompanied by separate terms.
  • Termination: The Owner may terminate your license to use the Applications at any time, with or without cause, by providing notice to you or by disabling your access to the Applications.

3. Content and Intellectual Property

  • Ownership: All content within the Applications, including but not limited to text, graphics, images, audio, video, software, and other materials, is owned by the Owner or its licensors and is protected by Austrian and international copyright, trademark, and other intellectual property laws.
  • User Content: If an Application allows you to submit or upload content ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant the Owner a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content in connection with the operation and promotion of the Applications.
  • Prohibited Content: You may not submit User Content that is illegal, defamatory, obscene, infringing, or otherwise objectionable. The Owner reserves the right to remove any User Content that violates these Terms.

4. Purchases and Subscriptions

  • Free Applications: Some Applications may be offered free of charge.
  • One-Time Purchases: Some Applications may require a one-time payment to access all features.
  • Auto-Renewing Subscriptions: Some Applications may offer auto-renewing subscriptions through the Apple App Store.
  • Apple App Store Terms: Purchases and subscriptions made through the Apple App Store are subject to Apple's terms and conditions in addition to these Terms. In case of conflict between these Terms and Apple's terms, Apple's terms shall prevail with respect to purchases and subscriptions.
  • Subscription Management: For subscriptions handled via your Apple ID:
    • Payment will be charged to your Apple ID account.
    • Subscriptions automatically renew for the same duration unless you cancel at least 24 hours before the end of the current period.
    • Renewal fees will be charged within 24 hours prior to the end of the current period.
    • You can manage or cancel your subscriptions in your Apple App Store account settings.
  • Refunds: Refunds for purchases or subscriptions are subject to Apple's refund policies.

5. Disclaimer of Warranties and Limitation of Liability

  • Disclaimer of Warranties: The Applications are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Owner does not warrant that the Applications will be uninterrupted, error-free, or secure.
  • Limitation of Liability: To the fullest extent permitted by Austrian law, the Owner shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of or inability to use the Applications, even if the Owner has been advised of the possibility of such damages. This limitation also applies to the Owner's subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees. The Owner's total liability to you for all claims arising out of or relating to these Terms or the Applications shall not exceed the amount you paid, if any, for the Applications within the last 12 months preceding the claim.
  • Specific Austrian Considerations: This limitation of liability is drafted to comply with Austrian consumer protection law and aims to be enforceable within its framework. The mandatory liability under the Austrian Product Liability Act (Produkthaftungsgesetz) remains unaffected.

6. Indemnification

You agree to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Applications, your violation of these Terms, or your violation of any rights of another.

7. External Resources

The Applications may contain links to external resources or third-party websites. The Owner has no control over these resources and is not responsible for their content, availability, or privacy practices. Your use of external resources is at your own risk and subject to the terms and conditions of those resources.

8. Privacy Policy

The Owner's collection and use of your personal data are governed by a separate Privacy Policy, which can be found at here. The Privacy Policy is incorporated into these Terms by reference.

9. Changes to These Terms

The Owner reserves the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the updated Terms within the Applications or by other means. Your continued use of the Applications after the effective date of the updated Terms constitutes your acceptance of the changes.

10. Contact Us

If you have any questions about these Terms, please contact us at:

Philipp Baldauf
Industriezeile 35, 4020 Linz, Austria
Email: [email protected]