Gender note: For reasons of better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is dispensed with and the female form is used. All references to persons apply equally to all genders.
These terms and conditions of use (hereinafter also referred to as "GTC") apply to the business relationship between fryd GmbH, Badergasse 8, 70372 Stuttgart (hereinafter referred to as "Provider" or "we") and the user ("User" or "you") with regard to the use of the internet platform accessible under fryd.app (hereinafter referred to as "Internet Platform") and the mobile application Fryd (hereinafter referred to as "App").
Deviating or conflicting general terms and conditions of the user shall not become part of the contract unless the provider expressly agrees to their validity.
2. Scope of service and contract
Within the internet platform and the app, you can create a user account (hereinafter referred to as "registration") in order to use various functions related to the planning and management
of your garden (hereinafter referred to collectively as "services").
We offer free and paid services on the platform.
The free services can be used after registration.
The scope of the chargeable Services (currently called Super Membership) depends on the subscription booked (see fryd.app/super).
3. Access to services
The provider provides the user with password-protected access to the services on the internet platform and the app.
The credentials consists of the e-mail address provided by the user during registration and an individual user password. The User shall ensure that the credentials are kept secret. The user also will inform the provider immediately if there is any suspicion of misuse of the credentials.
A user may only be logged in to the Services once at the same time with her access data. The scope of permissible use is governed by section 8 ("Rights of use") of this contract.
The Provider reserves the right to deny access to the Services if there are indications that the end devices used by the User or the manner of use jeopardise the functionality and security of the Services. Access may also be denied if it is not possible for the Provider to verify that the User is only using the Services within the scope of the rights granted to the User herein.
4. Information for consumers
The user, who is a consumer, has the following right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us, fryd GmbH, Badergasse 8, 70372 Stuttgart;
e-mail: [email protected] by means of a clear declaration (e.g. letter or e-mail sent by post) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period (§ 355 para. 1 sentence 5 BGB).
Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that
you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
As an online provider, we are obliged to refer consumers to the online dispute resolution platform of the European Commission. More information is available at the following link:
https://ec.europa.eu/consumers/odr. However, we do not participate in a dispute resolution procedure before a consumer arbitration board.
5. Required hardware and software
The user is responsible for creating and maintaining the technical conditions necessary for the use of the services. The provider endeavours to keep the services up to date at all times in order to provide the user with the best possible user experience.
6. Scope of services and availability
This is a description of the quality of the services and does not constitute a guarantee or warranty of any kind.
The Provider aims to achieve an availability of the Services of not less than 98% per month. This availability does not include periods of non-availability due to maintenance work that is reasonable in terms of duration, planned and announced in advance. Periods of non-availability due to mandatory unscheduled maintenance work are also not covered, unless these are based on an intentional or grossly negligent breach of duty by the Provider or on a breach of cardinal obligations. Periods of unavailability due to disruptions of the Internet beyond the control of the Provider or due to other circumstances for which the Provider is not responsible, in particular due to force majeure, are also not covered.
The Provider endeavours to keep the content of the Services up to date at all times. However, completeness and absence of errors in terms of content cannot be guaranteed.
The compensation to be paid by the User to the Provider for the use of the Services follows from the selected pricing model (fryd.app/en/super). All prices are - unless expressly stated otherwise - inclusive of the statutory value added tax.
All invoice amounts are due for payment immediately without deduction. Payment can be made via the payment methods offered on the website via payment providers (currently Paypal, Google Play Store Payment, Apple Store Payment).
In the event of service extensions, the Provider is entitled to increase the remuneration in accordance with the extension, unless the service extension would only be insignificant. The user will be informed of the price increase. In the event of an increase, the user is entitled to terminate the contract within six weeks of receipt of the information without notice (special right of termination); this does not apply if the user continues to use or has used the services after receipt of the information.
8. Rights of use
Upon conclusion of the contract, the user acquires for himself the simple (non-exclusive) right to use the services in accordance with the contract for the term of the contract of use, limited in content to use for his own purposes, non-transferable and non-sublicensable.
Any use beyond this (e.g. transfer of use or sub-licensing to third parties) is prohibited.
9. Responsibility for content and exemption
The provider does not check whether the contents (e.g. texts or photos) uploaded by the users within the scope of the services violate legal requirements or rights of third parties (e.g. copyrights). This applies both to content uploaded to the user's own user account and to content posted by the user in public areas (e.g. within the community). Each user is responsible for the permissibility of the content she uploads or posts and for ensuring that it does not infringe the rights of third parties.
To the extent necessary, the user shall indemnify the provider against any claims that third parties may assert against the provider due to an infringement of their rights by the content uploaded or posted by the user.
The provider is entitled to temporarily or permanently block the uploaded or posted content within the services or to change it in such a way that it no longer infringes the rights of third parties or to issue required cease-and-desist declarations if a third party asserts a claim against the provider for cease-and-desist because of content that a user has uploaded or posted on the platform.
10. Data protection
The provisions on data protection in connection with the use of the Services are set out in the current data protection declaration, which can be accessed <a href="/en/privacy>here.
11. Warranty and liability
In the event that the services have technical defects, the provider shall remedy these within a reasonable period of time. The provider is only responsible for the possibility of retrieving content on the internet platform or via the app from the internet, but not for the data transmission to the user or the display on the user's end device.
The provider is liable exclusively in accordance with the following paragraphs of this section 11. Any further liability is excluded.
The provider is liable without limitation for damages due to injury to life, body or health as well as fordamages based on intent or gross negligence on the part of the provider or a legal representative or vicarious agent, as well as for damages that fall under a guarantee or warranted characteristic granted by the provider, as well as for fraudulently concealed defects.
The Provider shall be liable for damages based on a negligent breach of material contractual obligations by the Provider or its legal representatives or vicarious agents; however, liability shall be limited to compensation for the foreseeable damage typical for such contracts.
Liability under the Product Liability Act remains unaffected.
12. Start, term and termination of the contract
The term of the contract begins with the acceptance of the contract by the Provider (see section 2 above).
The minimum contract term depends on the selected price model. The contract term shall be extended by the selected contract term in each case if the contract is not terminated by one of the contracting parties in writing or electronically with two weeks' notice to the end of the respective contract term.
The right of each contracting party to extraordinary termination for good cause remains unaffected. An important reason for the provider exists in particular if the user culpably violates an essential
contractual obligation, in particular the obligations from clauses 8 and 9, or is in default with thepayment of the remuneration in full or with not insignificant partial amounts for at least thirty days despite a reminder and the setting of a grace period.
13. Subject to change
14. Final provisions
Should any provision of these GTC be or become invalid, the remaining provisions shall remain unaffected.
The place of fulfilment is the registered office of the provider. For disputes with merchants, legal entities under public law or a special fund under public law, the exclusive place of jurisdiction is also the registered office of the provider.
The substantive law of the Federal Republic of Germany shall apply to the exclusion of the rules of conflict of laws, even if the Services are accessed from outside the territory of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply, not even as part of German law.
As of: 10.05.2021