1. Object/Applicability

1.1. This weather app (hereinafter the "App") is a service provided by wetter.com GmbH, Reichenaustraße 19a, 78467 Konstanz, Germany (the "Provider" or "We" or "Us").

1.2. These Terms and Conditions of Use govern the contractual relationship regarding use of the App, the related services to be supplied by the Provider, and the obligations of the user (hereinafter the "User" or "You"). They apply to all content, features, and other services made available to the User by the Provider on the basis of the user relationship (hereinafter collectively referred to the "App Services").

1.3. Potential users can download the App free of charge from app stores such as the Apple App Store, Google Play Store, or the Huawei AppGallery (hereinafter the "App Platform") for various platforms. The User's contractual relationship with the operator of the respective App Platform will be governed solely by the contracts concluded between the User and the operator. Purchases of paid App Services (one-time purchases or subscriptions) from the Apple App Store, Google Play Store, or Huawei AppGallery within the App ("In-App Purchases") will be subject to the seller's terms and conditions of sale, return, and cancellation (e.g., Apple Distribution International or Google Commerce Ltd).

1.4. A valid App Platform account and a compatible end device (e.g., a smartphone) are required to install the App and enjoy all of its features. The App requires an Internet connection to the end device via WLAN or mobile network (e.g., LTE) to install and run. This may incur separate charges from the respective telecommunications provider.

2. Scope of use

2.1. The App and the included App Services allow the User to access various weather forecasting features and services. The App Services may be provided for free or for a fee through subscriptions or In-App Purchases. Chargeable App Services will be clearly indicated.

2.2. Free App Services are funded by advertising. The Provider, therefore, reserves the right to show (potentially tailored) advertising (e.g., advertising clips from advertising partners) for its own and third-party Services (See our Privacy Policy for more information).

3. Copyright and other rights

3.1. The content provided via the App is copyright-protected. Use of the same is subject to the applicable copyright laws. Other than for personal, non-commercial use and in strict compliance with copyright laws, the App may not be modified, copied, republished, transmitted, distributed, or stored without the Provider's consent. A simple, non-exclusive, non-sublicensable, and non-transferable license is hereby granted specifically for the software, directories, data, and their contents made available for download by the Provider. This license will be limited to a one-time download and storage of the same. The Provider will retain all other rights. Sale and commercial use are prohibited in particular. Moreover, the User acknowledges that all trademark rights and other intellectual property rights over the Provider's Service and any distinguishing marks and signs associated with the same are the sole property of the Provider and may not be used without the latter's prior written authorization. Furthermore, unless the Provider expressly agrees, no software from the Service may be duplicated, decompiled, or otherwise modified.

3.2. The User is granted a simple, non-transferable, non-exclusive, global right to use the App Services where this is necessary for the intended, standard use of the respective App Service.

3.3. The User alone will be entitled to personal use of the App and to install a copy on their end device for this purpose. The User is explicitly prohibited from using the App software for any other purpose in tangible or intangible form (such as copying, distributing, making publicly available, or decompiling).

4. User Agreement

4.1. Contract conclusion for free services

When registering via mobile Apps, the rules of the respective App Store provider (e.g., Apple, Google, etc.) will determine how the User Agreement is concluded. The contract is usually concluded when the User clicks Install in the store and enters their password if required.

4.2. Contract conclusion for paid subscriptions

The User can purchase various subscriptions within the App Services. The app order process provides a detailed description of the available subscriptions, including the automatic renewal period for each one and the price. If additional special terms of use apply to the subscription versions offered in the App, these will be shown to the User when the subscription is taken out. In the event of a discrepancy between these Terms and Conditions of Use and the special terms of use, the special terms of use will take precedence.

The subscription contract will be concluded when the User confirms the subscription during installation or later clicks "Buy now" or similar during an In-App Purchase and enters their app store password if required.

4.3. Correcting input errors

If the User decides to purchase a subscription through installation or an In-App Purchase, We do not require any additional billing or payment information from them because the service is purchased through the User's account with the respective app store provider. The User must contact the app store in question to correct any input errors.

5. Obligations and responsibilities of the User

5.1. The User may not misuse the App or its features. In particular, they may not

5.1.1. make changes and/or additions and/or perform similar actions to the App that impair and/or jeopardize its correct operation, or use any additional software in connection with the App, in particular, no bots or hacks to manipulate the App ("Prohibition of Software Manipulation");

5.1.2. violate general laws or morality through their usage behavior. In particular, they may not disseminate content (e.g., in any chat function provided) that is defamatory, harmful to minors, or violates morality or third-party rights, particularly trademark rights, rights to names, privacy rights, or copyrights, through their usage.

5.2. The User will be liable to the Provider for damages, costs (including legal defense costs in the statutory amount), and expenses resulting from any breach of their obligations under the usage relationship between the Provider and the User, particularly those under this clause 5, and shall indemnify the Provider against any resulting third-party claims. This will not apply where the breach is not attributable to the User. The User will be entitled to prove that the breach was not attributable to them.

5.3. If the User violates any of their obligations under these Terms and Conditions of Use, the Provider reserves the right to suspend the User's access to the App Services temporarily or, in the event of serious or persistent violations, permanently.

5.4. The Provider hereby informs the User that when using an older version of the app, they may not have access to all of the App Service features.

6. Duration of the right of use

6.1. Termination by the Provider

6.1.1. The Provider may terminate the contractual relationship with the User with two weeks' notice, but not before the end of the respective subscription period if a current subscription is in effect. The right to extraordinary termination for good cause will remain unaffected.

6.1.2. Extraordinary termination in the event of a breach of the Terms and Conditions of Use

If the good cause is a breach of an obligation under these Terms and Conditions of Use, termination will only be permitted upon the unsuccessful expiration of a deadline set to remedy the situation or following the User's failure to respond to a formal notice. However, a grace period for rectification or formal notice will not be necessary if the User seriously and definitively refuses to fulfill their obligations or if there are exceptional circumstances that, after weighing the interests of both parties, justify immediate termination (e.g., in the case of improper use). In cases of extraordinary termination due to serious, repeated breaches of obligation, any payments made will not be reimbursed.

6.2. Termination by the User

6.2.1. The User will be entitled to terminate their User Agreement without notice. To do so, they simply need to uninstall the App.

6.2.2. The User may cancel ongoing subscriptions before the end of each subscription period, with effect from the end of the current subscription period, in line with the respective app store rules. Subscriptions can only be canceled through the User's account with the respective app store provider.

7. Liability of the Provider

7.1. The Provider hereby reminds Users that the App's weather forecasts are only projections of weather occurrences that cannot be predicted or measured precisely even with the utmost care and attention. As a result, the Provider cannot be held liable for the accuracy of the weather forecasts in the App.

7.2. Liability for free services

In the case of services provided free of charge, the Provider will only be liable for damages caused by willful acts, gross negligence, or the absence of a warranted attribute, regardless of the legal grounds.

7.3. Liability for paid services

The Provider's liability for willful acts, gross negligence, and culpable injury to life, limb, or health will be unlimited. In the event of minor negligence, the Provider's liability will be limited to liability for the breach of material contractual obligations. Material contractual obligations are obligations where fulfillment of the contract is only possible where these are met. The User can therefore generally reply upon fulfillment of the same. The Provider's liability for breaches of material contractual obligations due to minor negligence will be limited to the foreseeable damage typical of the contract and the type of service. The same will apply in the case of breaches of obligations due to minor negligence on the part of the Provider's legal representatives or vicarious agents. This will not affect liability under the Product Liability Act or liability for the absence of a warranted quality.

Changes to the App or its Terms and Conditions of Use

Changes to the Terms and Conditions of Use

7.3.1. The Provider may amend these Terms and Conditions of Use, providing doing so does not affect any material provisions of the contract. In particular, material provisions are those governing the nature and scope of the contractually agreed services and the contract term, including termination provisions. Changes may also be made to close any loopholes that may arise after conclusion of the contract. This will be the case, in particular, in the event of a change in case law affecting the provisions of these Terms and Conditions of Use.

7.3.2. The Provider will inform the User about any changes to the Terms and Conditions of Use via a suitable means on the www.wetter.com website and in the app. The User will have a period of six weeks to expressly object to the amended Terms and Conditions of Use in written or electronic form. In the change notice, the Provider will specifically inform the User about this legal consequence, the start date and duration of the period, and the time at which the change will take effect. If the User does not object to the change within the specified period, the revised Terms and Conditions of Use will apply to the User with effect from the day on which the period expires. In the event of an objection, the Provider will be entitled to terminate the User Agreement for good cause within two weeks of receiving the objection.

7.4. Continued development

The App is not a static Service. It is continually being developed and updated. This means that new features may be introduced or existing features removed at any time. The Provider will be entitled to amend the contractually agreed services in accordance with clause 3 where necessary for a reason that was not foreseeable at the time the contract was concluded and providing the amendment is reasonable for the User, particularly because the relationship between performance and consideration does not shift disproportionately to the User's disadvantage.

7.5. Price changes

The Provider will be entitled to change the type, scope, or price of paid services for the future or change the packages offered with effect for the future, discontinue them, or introduce new ones at any time where necessary for a valid reason that was not foreseeable at the time the contract was concluded and providing this change is reasonable for the User, particularly because the relationship between performance and consideration does not shift disproportionately to the User's disadvantage.

7.6. The Provider shall expressly notify the User of any planned changes pursuant to clauses 8.2 and 8.3 above at least eight weeks before they are due to take effect by suitable means on the www.wetter.com website and in the App ("Change Notice"). Changes will be deemed approved if the User does not expressly object to the same after receiving the Change Notice. In the change notice, the Provider will specifically inform the User about this legal consequence, the start date and duration of the period, and the time at which the change will take effect. In the event of changes in accordance with clauses 8.2 and 8.3 above, the User will be entitled to terminate the contract in writing or electronically (e.g., by email or letter) when the changes take effect. In the event of termination pursuant to this clause 8.4, the Provider shall be obliged to reimburse the User for any fees already paid on a pro-rata basis.

8. Consumer's right to cancel

The following applies to the paid Services:

If the User is a consumer, as defined by Section 13 of the German Civil Code, they will have the right to cancel in accordance with the following:

8.1. Cancellation policy

Right to cancel

You have the right to cancel this contract within fourteen days without stating any reasons.

The cancellation period is fourteen days from the contract conclusion date.

To exercise your right to cancel, You must inform Us, wetter.com GmbH, Reichenaustraße 19a, 78467 Konstanz, Germany, Tel: +49 (0) 7531 / 1274-400, Fax: +49 (0) 7531 / 1274-600, Email: contact@wetter.com, of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached cancellation form template, but it is not compulsory to do so. If You choose to use this option, We will send You confirmation of receipt of your cancellation (e.g., by email) without delay.

To comply with the cancellation period, sending notice of your intent to exercise your right to cancel before expiration of the cancellation period will suffice.

Consequences of cancellation

If You cancel this contract, We must reimburse all payments We have received from You, including delivery costs (except any additional costs resulting from your choice of a different delivery method than the cheapest standard delivery We offer), without undue delay and within fourteen days from the date on which We received the notice of your cancellation of this contract at the latest. Unless otherwise expressly agreed, We will use the same payment method You used in the original transaction for this reimbursement. You will not be charged fees for this reimbursement under any circumstances.

If You asked for the services to commence during the cancellation period, You must pay Us an amount sufficient to cover the proportion of the services already provided up to the time You told Us You wish to cancel this agreement pro rata to the full scope of the services provided for under the agreement.

8.2. Exemption from the right to cancel

When entering into a contract to purchase paid services, You expressly agreed to the Provider starting performance (by providing You with access to the ordered service) before expiration of the cancellation period specified in clause 9.1. You also acknowledged that You waived your right to cancel by consenting to performance.

8.3. Cancellation form

Cancellation form template

(If You wish to cancel the contract, please complete and return this form.) To: wetter.com GmbH, Reichenaustraße 19a, 78467 Konstanz, Germany, Email: contact@wetter.com;

- I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (for hard copy submissions only)

- Date

(*) Delete as appropriate.

9. Final provisions

9.1. The contract language is German.

9.2. The User can view the latest version of the Terms and Conditions of Use in the App under "Terms and Conditions of Use" upon each contract conclusion and at any other time. These can also be saved and printed by the User there.

9.3. The Provider will not save this contract wording after conclusion of the contract.

9.4. The contractual relationship between the User and the Provider will be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the User is a consumer who is not domiciled in the Federal Republic of Germany, the contractual relationship will be governed solely by German law, to the exclusion of the CISG, unless mandatory provisions of the law of the country of the consumer's habitual place of residence specify otherwise.

9.5. In the event of individual provisions of these Terms and Conditions of Use being or becoming invalid, this will not affect the validity of the remaining Terms and Conditions of Use.

9.6. Online arbitration and consumer dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which the User can find at http://ec.europa.eu/consumers/odr . The Provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.