Preamble

The app “Tallyroo” is a mobile application for Android and iOS that allows users to create, manage, and share shopping lists for groceries and everyday items with other persons. In addition, users can create templates (as reusable collections of items) as well as create recipes and – at the user’s discretion – share them with selected persons or publish them within the app. The app can be used free of charge in its basic functionality; in addition, paid memberships (subscriptions) and in-app purchases are offered, for example for ad-free use and personalization. These Terms of Use govern the contractual relationship between the provider and the user regarding the use of the app and the functions provided through it.

§ 1 Scope of Application and Subject Matter of the Contract

These General Terms of Use apply to all contracts between Marc Höft, Potsdamer Allee 122, 14532 Stahnsdorf (hereinafter “Provider”) and users (hereinafter “User”) regarding the use of the app “Tallyroo”, including the functions provided through it. They apply regardless of whether the User is a consumer or an entrepreneur. Deviating terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their applicability in text form.
The subject matter of the contract is the provision of the app in its current version for use on mobile devices and – depending on the selected scope of services – the provision of additional paid functions (memberships/subscriptions and in-app purchases). The app is downloaded via the Apple App Store or the Google Play Store; in addition, the terms of use and business terms of the respective store operator shall apply. A usage contract between the Provider and the User regarding the use of the app is concluded as soon as the User successfully completes the registration and accepts these Terms of Use in the process; use without an account is excluded, and the completion of registration is technically linked to the User accepting the Terms and Conditions by checkbox and being able to view the current version via a link.
The app serves the joint organization of purchases in the area of groceries and everyday items. In particular, the User may (i) create and manage shopping lists, (ii) add items via free text or through categorized suggestion lists, (iii) invite and manage other persons via invitation link for jointly editing and checking off items, (iv) create and use templates as collections of items stored offline on the device, and (v) create and manage recipes and, at the User’s discretion, keep them private, share them selectively, or publish them within the app; furthermore, the User may maintain a profile (including a profile picture) that becomes visible to other users insofar as it is displayed in connection with jointly used lists or shared/public recipes. In standard use, technical limitations may exist (in particular with regard to simultaneous items and members per list); when certain usage levels are reached, the User may be offered an upgrade to a Premium Membership. The Premium Membership may in particular include ad-free use, higher capacity limits, customizations (e.g. backgrounds for lists), and prioritized support.
The app is intended exclusively for shopping lists relating to groceries and everyday items. Any use for other purposes is prohibited; in particular, no sensitive content may be entered that typically concerns health data, such as medication lists. The User is solely responsible for the content, designations, and other information that the User creates or shares within the app (including list content, recipe content, images, and profile information). Further details regarding permissible content, the Provider’s rights of review and moderation, as well as suspension/deletion in the event of violations, are governed by the following provisions.

§ 2 Registration and User Account
Use of the app requires registration. The User may create a user account either via a third-party login (in particular Apple or Google) or by registering with an email address and a self-selected password. There is no entitlement to registration or to the provision of a user account; the Provider may reject registrations in objectively justified cases.

The User may only register if the User has full legal capacity. Minors may only use the app with the consent of their legal representatives; paid services (memberships/subscriptions and in-app purchases) may only be booked by users of legal age.

When registering, the requested information must be provided truthfully and completely and must be kept up to date during use. Changes, in particular to the email address, must be updated immediately in the user account so that communications from the Provider can reach the User. The Provider is entitled to send declarations, notices, and other communications to the email address stored in the user account; the User must ensure that the User has access to this mailbox.

The user account is personal and non-transferable. The User must keep the access data confidential and protect it from access by third parties. If login takes place via a third-party provider, the User is subject to the same obligation to secure the means of access (in particular the third-party account and the device). The User is liable for all activities carried out via the user account insofar as the User is responsible for the misuse.

The User must inform the Provider immediately in text form if there are indications of unauthorized access to the user account. The Provider is entitled to temporarily block the user account in the event of suspected misuse, security risks, or violations of these Terms of Use and to require suitable measures for clarification; further rights, in particular the right to extraordinary termination, remain unaffected.

Multiple registrations that are clearly intended to circumvent technical restrictions or to enable abusive use are not permitted. In such cases, the Provider may block or delete the affected accounts and refuse future registration.

§ 3 Paid Services, In-App Purchases, and Billing via Apple/Google
The app can be used free of charge in its basic functionality. In addition, the Provider offers paid services, in particular memberships by subscription (hereinafter “Membership”) as well as individual in-app purchases. The specific scope of the free use and of the respective paid services is determined by the respective description in the app and in the store offering. If a Membership is booked, it may in particular unlock ad-free use as well as additional functions or higher capacity limits. In-app purchases may in particular serve customization purposes.

Paid services are offered and billed exclusively as in-app purchases via the Apple App Store or the Google Play Store. Payment processing is carried out via the respective store account of the User; the Provider itself does not collect any payment data of the User and does not become a contractual partner for payment services. The conditions of the respective store operator shall additionally apply to the conclusion of the in-app purchase and the payment processing. The Provider may use an intermediary service (e.g. RevenueCat/RevenueKit) for the technical management of the store interfaces; this does not change either the content of the services or the billing relationship via the respective store.

By confirming the respective in-app purchase via the store function, the contract for the paid service is concluded between the Provider and the User; the charge is made via the store account in accordance with the rules of the respective store operator. The prices are displayed in the app or in the store. The price displayed at the time of purchase shall be decisive; any taxes and duties shall be calculated and displayed in accordance with the presentation in the store.

Memberships are provided as subscriptions with the term displayed in the store (e.g. monthly or annually). Unless expressly stated otherwise in the store, the Membership shall automatically renew for the booked term if it is not cancelled in due time before expiry via the subscription management of the respective store account. Cancellation and management of the subscription shall take place exclusively via the functions provided for this purpose in the Apple App Store or Google Play Store; notices and deadlines result from the subscription management of the respective store operator.

In-app purchases that are not designed as subscriptions are billed once. Whether and to what extent an in-app purchase is permanent, time-limited, or linked to a Membership is determined by the respective service description in the app or in the store.

Refunds, cancellations, and other billing matters are processed via the procedures provided by the respective store operator. The User’s statutory rights, in particular arising from withdrawal, warranty rights, or termination, remain unaffected. Insofar as a refund is legally owed, it shall generally be made via the User’s store account; the Provider shall cooperate in the processing to the extent necessary for this purpose. Processing via the store does not change the fact that the User may assert the User’s statutory rights against the respective contractual partner; who is the contractual partner of the paid acquisition in the individual case is determined by the conditions of the respective store operator.

§ 4 Right of Withdrawal for Consumers
If the User is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the User shall generally have a statutory right of withdrawal for paid services. The right of withdrawal exists vis-à-vis the respective contractual partner of the paid acquisition; who the contractual partner is (Provider or store operator) is determined by the ordering process and the conditions of the respective store operator. The withdrawal period is 14 days from the day of conclusion of the contract (confirmation of the respective in-app purchase or subscription via the store).
Insofar as the Provider is the contractual partner, the User may declare the withdrawal to the Provider, for example by email or in another text form to Tallyroo.app – Marc Höft, Potsdamer Allee 122, 14532 Stahnsdorf, Email: service@tallyroo.app, Telephone: +49 (0)3329 6079481 . Independently thereof, the User may – if offered by the store – for practical processing also use the withdrawal or refund functions provided by the respective store; in this respect, the requirements of the respective store operator shall additionally apply.
If the User validly withdraws, the received services shall be returned. Refunds shall generally be made via the same means of payment through which the payment was processed; in the case of in-app purchases, this is regularly the respective store account. Any billing and refund processes of the store operator only concern the means of payment; the User’s statutory rights remain unaffected.
The right of withdrawal may expire prematurely in the case of digital content and digital services. In the case of digital content that is not supplied on a tangible medium, the right of withdrawal expires if the User has expressly agreed that the Provider begins performance before the expiry of the withdrawal period and the User has confirmed knowledge that, by giving such consent, the User loses the right of withdrawal (Section 356 para. 5 BGB). In the case of digital services, the right of withdrawal may expire in accordance with the statutory requirements, in particular if the service has been fully performed and the User has previously expressly requested that performance begin before the expiry of the withdrawal period. Such consent or request shall – where legally required – be obtained as part of the ordering process of the respective store operator or in the app.
Entrepreneurs within the meaning of Section 14 BGB shall not have a right of withdrawal.

Model Withdrawal Form
If you wish to withdraw from the contract, you may complete and return this form to: Tallyroo.app – Marc Höft, Potsdamer Allee 122, 14532 Stahnsdorf, Email: service@tallyroo.app

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following digital content / the provision of the following service (*):
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Date:
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.

Use of the model form is not mandatory. You may use it, but you are not required to do so.

§ 5 Term, Termination, and Deletion of the User Account
The contractual relationship for the free use of the app is concluded for an indefinite period and may be terminated by either party at any time without observing a notice period in text form. The right to extraordinary termination for good cause remains unaffected.

If the User books a paid Membership (subscription), the term shall be determined by the subscription period displayed in the store. Whether a subscription automatically renews or automatically ends after expiry of the respective term is determined by the display and settings in the subscription management of the respective store operator. Terminations are only possible via the subscription management of the Apple App Store or Google Play Store; the cancellation periods and effective dates displayed there shall be decisive.

Upon the effectiveness of a termination, the User’s entitlement to use the paid functions shall end upon expiry of the respective term. Until then, the paid service shall remain usable to the booked extent, unless suspension occurs for good cause.

The User may delete the user account at any time in the settings of the app or request deletion in text form from the Provider. Upon deletion, the contractual relationship ends; insofar as a subscription exists, its billing and term remain unaffected if and as long as the subscription is not additionally terminated via the subscription management of the respective store operator. The User is responsible for cancelling a subscription in due time in the store; deletion of the user account does not replace cancellation in the store.

After termination of the contractual relationship, the Provider may delete the user account and the content stored by the User in the app. Insofar as content has been shared with other users or is contained in jointly used lists, it may be technically unavoidable that such content continues to be displayed to the other authorized users until it is deleted or overwritten there; in this respect, the Provider does not owe a complete “retrieval” of content that has already been shared. Statutory retention obligations and legitimate interests in longer storage, in particular for the defence or enforcement of claims, remain unaffected.

The Provider is entitled to terminate the contractual relationship without notice for good cause and to block or delete the user account if, taking into account all circumstances and the interests of both parties, continuation until expiry of a notice period cannot reasonably be expected of the Provider. Good cause exists in particular in the event of serious or repeated violations of these Terms of Use, misuse of the app, security risks, or unlawful content.

§ 6 Obligations of the User, Permitted Use, and Misuse
The User may use the app exclusively within the scope of these Terms of Use and the applicable laws. Any use aimed at impairing the functionality or security of the app or circumventing technical restrictions is prohibited. In particular, it is prohibited to use automated retrievals, scraping, bots, scripts, or other mechanisms that disrupt the operation of the app, place an unreasonable burden on it, or circumvent security mechanisms.

The User is obliged to protect the User’s devices and means of access against unauthorized access and to use the app only via the intended functions. The User must ensure that third parties do not access the app via the User’s user account. Insofar as the User shares shopping lists or recipes with other persons, the User must carefully select the recipients and bears the risk that shared content may be further distributed by those persons or stored outside the app.

The User may not post, store, or share within the app any content that infringes the rights of third parties or violates statutory provisions. In particular, insulting, defamatory, discriminatory, or violence-glorifying content, pornographic content, content with extremist references, unlawful advertising, or other content suitable to harass other users or harm the Provider is prohibited. The User must also refrain from processing or publishing personal data of third parties without authorization; this applies in particular to the publication of contact details or other identifying information in recipes or publicly visible areas.

The User shall not use the app to process special categories of personal data within the meaning of Article 9 GDPR. In particular, the app is not intended for health data; therefore, the User should not store or share medication lists, diagnoses, or comparable information in shopping lists, templates, or recipes.

If the User violates these obligations, the Provider is entitled to take appropriate measures, in particular to remove or make content inaccessible, restrict functions, temporarily block the user account, or terminate the contractual relationship for good cause. Further claims, in particular for injunctive relief and damages, remain unaffected.

§ 7 User Content, Rights to Content, and Sharing
Insofar as the User creates, uploads, or posts content within the app, in particular list content, templates, recipe texts, images, comments, or profile information (hereinafter collectively “User Content”), the User shall generally remain the holder of the rights to such User Content. The Provider does not claim ownership of User Content.

However, the User grants the Provider a non-exclusive, worldwide license, for the duration of the contractual relationship and thereafter only insofar as technically necessary, to store, reproduce, process, transmit, and display User Content to the extent necessary to provide the app in accordance with the contract, to display User Content within the app, and to implement sharing initiated by the User. The license includes in particular the right to store User Content on servers and to display it in the app and on the devices of the authorized users.

Insofar as the User specifically shares shopping lists or content with other persons and grants them editing or reading access, the User consents to the display and processing of the User Content required for this purpose vis-à-vis those persons and grants the respectively authorized persons the non-exclusive right of use required for use within the app. The scope of the authorization shall be determined by the sharing settings selected by the User (in particular read-only or joint editing). The User may terminate sharing within the app at any time; however, the Provider cannot technically “retrieve” in every case content that has already been transmitted or stored by other authorized users.

Insofar as the User makes recipes or other User Content publicly visible within the app, the User grants the Provider and the other users the non-exclusive, free-of-charge right to retrieve, display, and – if provided for by the app functions – store such content within the app or incorporate it into their own collections. The User may terminate public visibility at any time by deleting the content or setting it to “private”; continued visibility may, however, still occur for a short period of time due to technical reasons (e.g. caching).

The User warrants that the User possesses the rights necessary to post and share the User Content and that the User Content does not infringe any rights of third parties, in particular copyrights, neighboring rights, trademark rights, personal rights, or data protection rights. The User shall not post any content that is unlawful or violates these Terms of Use.

The Provider is not obliged to review User Content in advance. If the Provider becomes aware of unlawful User Content or User Content that violates these Terms of Use, the Provider is entitled to remove or make such content inaccessible and – in the event of repeated or serious violations – to block or delete the user account.

§ 8 Rights of Use to the App and to Provided Content
The Provider grants the User, for the duration of the contractual relationship, a simple, non-transferable, non-sublicensable right limited to contractual use to install and use the app in its current version on compatible devices connected to the User’s store account. Use for commercial purposes, in particular the use of the app to create or distribute content as part of a paid service provided by the User to third parties, is not permitted without the prior consent of the Provider in text form.

The User is not entitled to reproduce, distribute, make publicly available, rent, lend, or otherwise make the app or parts thereof available to third parties outside the intended store and app functions. In particular, decompiling, reverse engineering, disassembling, or any other attempts to determine the source code, structure, or functionality of the app are prohibited unless such actions are mandatorily permitted by law.

Insofar as the Provider makes content available within the app, in particular layouts, categories, graphics, text modules, template structures, database and sorting logic, or other elements of the user interface, such content and the app as such shall, in the relationship between the Provider and the User, remain the exclusive property of the Provider or its licensors. This also applies to trademarks, names, and logos, including “Tallyroo”. The User does not acquire any rights beyond those expressly granted in these Terms of Use.

The Provider may provide updates and modifications to the app for technical or legal reasons, in particular to remedy errors, improve security, adjust functions, or comply with legal requirements. Insofar as the app includes paid digital services for consumers, statutory claims to the provision of necessary updates remain unaffected.

The User’s rights to the User’s own User Content remain unaffected by Section 8; Section 7 shall apply additionally.

§ 9 Availability, Maintenance, and Support
The Provider shall endeavor to provide the app and its functions with as little disruption as possible and with high availability. However, the Provider does not owe uninterrupted availability at all times. Availability depends in particular on the functionality of networks, the User’s technical equipment, the services of the store operators, as well as maintenance and security work.

The Provider is entitled to temporarily restrict the app in whole or in part in order to maintain security, remedy errors, implement technical developments, and carry out maintenance work. Where possible, the Provider shall perform maintenance work during periods of lower usage and limit restrictions to the extent necessary.

The Provider may further develop and adapt the functions and processes of the app, in particular the user interface, sorting logic, categories, suggestion functions, and integrations with third parties, provided that the owed core functionality of the app is not materially impaired and the adjustment is reasonable for the User. An adjustment shall in particular be deemed reasonable if it is necessary for security reasons, to prevent misuse, due to technical requirements, or to comply with legal requirements.

Insofar as the Provider provides paid digital services to consumers, the obligation to provide necessary updates under the statutory provisions remains unaffected. The User is obliged to install provided updates insofar as this is necessary and reasonable for contractual use or security; otherwise, malfunctions may occur for which the Provider is not responsible insofar as the malfunction is based on the omitted update.

The Provider may provide support for inquiries, malfunction reports, and notices. There is no entitlement to a specific response time unless expressly agreed otherwise. The User shall describe malfunctions as specifically as possible and provide the information required for error analysis.

§ 10 Warranty Rights and Malfunctions
The Provider owes the provision of the app and the respectively booked paid functions in a condition that enables the contractually agreed use. The Provider does not owe any specific characteristics beyond the functions described in the app and in the store, and in particular no specific economic success or availability at all times.

For consumers, the statutory warranty rights under the provisions governing digital products shall apply to paid services. In the event of a defect, the User may in particular demand subsequent performance. If subsequent performance fails or is unreasonable, the User may, within the statutory framework, reduce the price or terminate the contract; in addition, statutory claims for damages and reimbursement of expenses may exist insofar as the requirements are met. In the case of continuing services (in particular subscriptions), the User may also declare termination in accordance with the statutory provisions if the statutory requirements are fulfilled.

For free use, functions are provided “as offered”. For free use, warranty rights exist only in accordance with the statutory provisions; no guarantee beyond this is assumed.

The User shall report defects or malfunctions to the Provider as specifically as possible so that the Provider can carry out an error analysis and – where owed and possible – provide a remedy. In doing so, the User shall provide the information required for the examination, in particular details regarding the device, operating system, app version, type of malfunction, and the circumstances of its occurrence.

For entrepreneurs, the following shall apply: Unless mandatory law provides otherwise, warranty claims for paid services shall exist only if the entrepreneur has notified the defect immediately after discovery in text form. The Provider may, at its own discretion, provide subsequent performance by remedying the defect or by providing a defect-free version. Further claims of the entrepreneur, in particular withdrawal or damages, are limited in accordance with the liability provisions of these Terms of Use.

Malfunctions caused by circumstances outside the Provider’s area of responsibility do not give rise to warranty rights. This applies in particular to malfunctions based on the User’s technical equipment or configuration, failures of telecommunications networks, restrictions by the store operators, or missing or omitted updates of the operating system or the app, insofar as such updates were necessary and reasonable for contractual use by the User.

§ 11 Liability

The Provider shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by the Provider or its legal representatives or vicarious agents. The Provider shall also be liable in accordance with the statutory provisions for damages arising from injury to life, body, or health, as well as in cases of mandatory statutory liability, in particular under the German Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations, the Provider’s liability shall be limited in amount to the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the User may regularly rely. In all other respects, the Provider’s liability for damages caused by slight negligence is excluded unless liability applies pursuant to paragraph 1.

Insofar as the User uses the app free of charge, the following shall additionally apply: The Provider shall be liable for damages caused by slight negligence only in accordance with paragraph 2; no further liability is assumed. Cases of mandatory statutory liability remain unaffected.

The Provider shall not be liable for disruptions, restrictions, or damages originating from the sphere of responsibility of third parties and for which the Provider is not responsible. This applies in particular to the functionality of networks and devices, failures or restrictions of the Apple App Store or Google Play Store, as well as the payment processing and subscription management carried out there. The Provider’s liability for its own performance vis-à-vis the User remains unaffected.

The Provider shall not be liable for damages arising from the User sharing content with other persons and such content being stored, forwarded, or otherwise used by the recipients outside the app. The User decides independently with whom the User shares shopping lists, templates, or recipes or which content the User makes publicly visible.

Insofar as the Provider’s liability is excluded or limited, this shall also apply in favour of the Provider’s legal representatives and vicarious agents.

§ 12 Amendments to these Terms of Use
The Provider is entitled to make changes to the app insofar as this is necessary to maintain contractual conformity, close security gaps, prevent misuse, adapt the app to technical developments, or implement legal requirements. The User’s statutory rights, in particular in the case of contracts for digital products, remain unaffected.

Insofar as the Provider permanently provides digital services to consumers, changes exceeding the extent necessary to maintain contractual conformity may only be made if there is a valid reason, the consumer does not incur any additional costs as a result, and the consumer is informed clearly and comprehensibly about the content, timing, and effects of the change (Section 327r para. 1 and 2 BGB).

If a change pursuant to paragraph 2 materially impairs access or usability, the consumer may terminate the contract free of charge within 30 days (Section 327r para. 3 BGB). The period begins upon receipt of the information; if the change takes effect later, the period begins at the time of the change. Termination is excluded if the impairment is only insignificant or if access or usability remains available to the consumer without additional cost.

Amendments to these Terms of Use are permissible insofar as there is an objective reason for them and the amendment is reasonable for the User. An objective reason exists in particular if the amendment is necessary to implement legal or regulatory requirements, address security risks, prevent misuse, or adapt the Terms of Use to changed processes of the app or the store operators. Amendments affecting essential rights or obligations of the parties or shifting the contractual balance to the detriment of the User shall only be made with the User’s express consent; in the case of consumers, the statutory provisions, in particular Section 327r BGB, remain unaffected.

The Provider shall inform the User of changes in due time, usually by email to the address stored in the user account or by notice within the app; the notification shall contain the amended provisions or a link to the amended version as well as the date on which they enter into force.

§ 13 Final Provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the User is a consumer and has the User’s habitual residence in another state, the mandatory consumer protection provisions of that state shall remain unaffected.

If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship shall be the Provider’s registered office. For consumers, the statutory places of jurisdiction shall apply.

The contract language is German. The Provider does not separately store the text of these Terms of Use for the User; the User may view and save the current version at any time in the app.

Should individual provisions of these Terms of Use be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.

German version prepared by attorney-at-law Martin Jedwillat

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