Terms & Conditions

§ 1 Scope

These Terms & Conditions apply to all contracts between

Jack Thies Mausolf, Am Hagen 1, 27777 Ganderkesee, Germany (hereinafter "Provider") and the users of the digital products and services offered at xalveon-studios.com (hereinafter "User").

Deviating, conflicting or supplementary terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their applicability.

Individual contractual agreements take precedence over these Terms.

§ 2 Subject Matter

Xalveon Studios develops and distributes digital products, in particular mobile applications ("apps") for iOS and Android, as well as web-based software. The specific scope of services results from the respective product descriptions in the relevant app stores or on the website.

§ 3 Conclusion of Contract

The contract is concluded when the User purchases a digital product through the respective distribution channel (e.g. Apple App Store, Google Play Store) or uses a service and accepts the respective terms of use.

For free apps, the usage agreement is concluded upon download and installation of the app.

§ 4 Prices and Payment

The applicable prices for paid products or in-app purchases are shown in the respective app stores or on the product page. Payment is processed via the respective platform operator (Apple, Google) in accordance with its payment terms.

§ 5 Right of Withdrawal

For digital content not supplied on a physical data carrier (e.g. app downloads, in-app purchases), the right of withdrawal expires pursuant to § 356(5) of the German Civil Code (BGB) once the Provider has begun performance of the contract and the User has expressly agreed that the Provider may begin performance before the withdrawal period has expired and has confirmed awareness that this consent results in the loss of the right of withdrawal.

Any refunds for digital purchases made via the App Store or Google Play are handled in accordance with the respective platform operator's policies.

§ 6 Warranty and Updates

The statutory warranty rights apply to defects in digital products, in particular Sections 327 et seq. of the German Civil Code (BGB) governing contracts for digital products.

The Provider supplies updates, including security updates, that are necessary to maintain the conformity of the digital products during the relevant period (Section 327f BGB).

§ 7 Usage Rights

The User receives a simple, non-transferable right to use the purchased digital products for private, non-commercial use. Redistribution, reproduction, modification or commercial use is not permitted without the Provider's express written consent.

§ 8 Limitation of Liability

The Provider is liable without limitation for damages resulting from injury to life, body or health, as well as for damages caused intentionally or through gross negligence.

Otherwise, the Provider's liability is limited to typically foreseeable damages. Any further liability of the Provider is excluded.

§ 9 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. With respect to consumers within the EU, this applies only insofar as it does not conflict with mandatory provisions of the law of the state in which the consumer has their habitual residence.

The place of jurisdiction for merchants and legal entities under public law is the Provider's registered place of business.

§ 10 Amendments to These Terms

The Provider may amend these Terms & Conditions with effect for the future. Changes will be communicated to Users in an appropriate manner and only take effect if the User consents to them or if they are solely beneficial to the User. Contracts already concluded remain governed by the Terms agreed at the time the contract was concluded.

§ 11 Consumer Dispute Resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act, VSBG).

§ 12 Severability Clause

Should individual provisions of these Terms & Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provision.