1. Scope of Application
These General Terms and Conditions (GTC) apply to the use of the apps, websites and associated services provided by Haukel GbR (hereinafter "Provider", together the "Services"). By creating an account or using the Services, you agree to these terms. Conflicting terms of the user are not recognized.
Our offers are directed primarily at consumers (B2C) and also at entrepreneurs (B2B). A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Services & Availability
The Provider makes the Services available with economically reasonable effort. There is no claim to uninterrupted availability. Maintenance, force majeure and circumstances outside the Provider's control (such as app stores, third-party data sources, hosting or network providers) may lead to temporary restrictions.
The Provider may further develop, change, restrict or discontinue the Services or individual features, provided this is reasonable for the user.
3. User Obligations
You are responsible for keeping your access credentials confidential. You agree not to use the Services for illegal purposes, not to circumvent technical protection measures, not to carry out automated mass requests, and not to infringe the rights of third parties. The Provider may block accounts immediately in the event of serious violations.
4. Liability
(1) The Provider is liable without limitation for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty, and for other damages caused by an intentional or grossly negligent breach of duty. The Provider is likewise liable without limitation under the German Product Liability Act (Produkthaftungsgesetz) and within the scope of an expressly assumed guarantee.
(2) In the case of simple (slight) negligence, the Provider is liable only for the breach of an essential contractual obligation (cardinal obligation), that is, an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the user regularly relies and may rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.
(3) Any liability beyond this is excluded.
(4) The above limitations and exclusions of liability also apply in favour of the partners, legal representatives, employees and vicarious agents of the Provider.
(5) The Provider is not liable for the loss of data insofar as the damage is due to the user having failed to back up data at reasonable intervals and thereby ensure that lost data can be restored with reasonable effort. Backing up data is the user's responsibility.
(6) Content and data in the Provider's apps and websites (for example launch and event times, astronomical, weather and orbital data) are provided with care but without warranty as to accuracy, completeness or timeliness; they partly originate from third-party sources. They serve information purposes and are not a basis for safety-critical or business-critical decisions. Features marked as "Beta" or "Preview" are provided without warranty.
(7) Towards entrepreneurs, claims for damages that are not based on intent, gross negligence, injury to life, body or health, the Product Liability Act or a guarantee become time-barred within twelve months from the start of the statutory limitation period. Towards consumers, the statutory limitation periods apply.
5. Warranty (Gewährleistung)
For paid digital products and services towards consumers, the statutory provisions on the supply of digital products (§§ 327 et seq. BGB), including the update obligation, apply. For free services (e.g., free features, Beta), warranty for material and legal defects is limited to intent and fraudulent concealment of the defect by the Provider.
6. Contract Conclusion, Payment & Termination
6.1 Purchases via App Stores (e.g., Apple App Store, Google Play):
If you purchase via an app store, the contract regarding the purchase is concluded directly with the store provider. Payment, billing cycles and cancellations are subject exclusively to the terms of the respective store. Subscriptions must be cancelled within the store settings.
6.2 Direct Purchases (via Haukel website or app):
If you purchase directly from us, the contract is concluded with Haukel GbR. Unless otherwise agreed, subscriptions are billed in advance. You can cancel your direct subscription in your account settings before the end of the current billing period.
6.3 One-Time Payment (Lifetime Access):
In addition to subscriptions, we may offer a one-time payment for certain features ("Lifetime" access). With a one-time payment you acquire a non-recurring right to use the purchased features for as long as the app or service is provided. No recurring fees apply. "Lifetime" refers to the lifetime of the product, not the lifetime of the user; there is no claim to access beyond the availability of the app or service. We may discontinue the service; in that case access ends upon discontinuation, which we will announce with reasonable advance notice. Statutory warranty and update obligations for digital products (§§ 327 et seq. BGB) and the right of withdrawal under Section 9 remain unaffected.
7. Changes to Terms
We may amend these terms. Changes will be announced to you in text form (e.g., email or in-app message) at least six weeks before they take effect, with a separate note about the right to object. Your consent is deemed granted if you do not object before the changes take effect.
This deemed-consent rule does not apply to changes to the main contractual obligations or the price; such changes require your express consent. If you object, each party may terminate the contract as of the date the changes would take effect.
8. Governing Law & Jurisdiction
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the user is a merchant (Kaufmann), a legal entity under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Vellberg. For consumers (B2C), the statutory places of jurisdiction apply.
9. Right of Withdrawal
9.1 Purchases via App Stores
For purchases made via app stores, the withdrawal and refund policies of the respective store apply. Please contact the store support directly.
9.2 Direct Purchases (Haukel GbR)
Consumers generally have a statutory 14-day right of withdrawal for direct contracts. To exercise this right, contact us at [email protected].
Extinction of the Right of Withdrawal for Digital Content:
For direct purchases of digital content (e.g., activation, digital downloads), your right of withdrawal expires prematurely if:
- You have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period, and
- You have confirmed your knowledge that by consenting you lose your right of withdrawal.
10. Severability Clause
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Contact Information
Haukel GbR
Marc Hauck & Jan Kellermann
Am Bärenbach 11
74541 Vellberg
Email: [email protected]