Terms and conditions for the use of the WalletMe app
§ 1 Introduction
WalletMe is a software application (App) for mobile devices. As a user of the app with a paid subscription, you can add your customer and bank cards to the app in order to use your cards in payment transactions (provided your terminal device supports this) and as part of bonus programs. You will also receive offers as part of using the app.
§ 2 Scope of application
(1) By downloading the App, you agree to these Terms.
(2) WalletMe is aimed exclusively at consumers who are 18 years of age, have full legal capacity and who are resident in the Federal Republic of Germany or in a member state of the European Union. A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
(3) The Terms apply exclusively to the legal relationship between you and WalletMe within the scope of the use of the App. WalletMe does not accept your own terms and conditions and they shall have no effect even if WalletMe is positively aware of them.
(4) WalletMe reserves the right to agree on supplementary terms and conditions for individual services of the App.
§ 3 Conclusion of contract
(1) By downloading the App from the Apple App Store or the Google Play Store, a contract is concluded between you and the provider of the App, Starlexx GmbH & Co. KG (AG Kassel, HRA 16657), represented by Starlexx Verwaltungs GmbH (AG Kassel, HRB 14454), Kurze Erlen 25, 34132 Kassel (hereinafter: "WalletMe") a license agreement for the use of the App.
(2) Neither Apple Inc. nor Google Inc. are a company affiliated with WalletMe. These companies will also not become your contractual partner. However, the aforementioned companies are entitled to enforce claims for payment arising from the license agreement existing between you and WalletMe.
(3) Your contractual partner for offers within the App is the contractual partner specified there and not WalletMe, unless otherwise expressly stated or agreed with you.
§ 4 Subject matter of the contract
(1) Downloading the App from the App Store is free of charge. In order to use the functions of the app (use of customer and bank cards, receipt of offers), the conclusion of a paid subscription is additionally required after downloading the app. The subscription is concluded subject to payment in the app by clicking on the corresponding button.
(2) Registration/User Account
2.1 At the request of the User and in order to be able to use the functionalities of the App available to the User, the User has the right to go through the registration procedure.
2.2 When registering, the User fills in the registration form with his/her telephone number. To confirm the registration, the Company sends a message to the User to the telephone number provided during the registration. After the registration in the profile it is possible to complete the personal data by entering the first and last name, date of birth and e-mail address of the User.
2.3 The User is responsible for the accuracy, timeliness and completeness of the information provided during registration and in the profile. If the information provided is incorrect, the Company is entitled to suspend or refuse the User's registration or use of the Application. The Company shall not be liable for any negative consequences for the User resulting from the provision of inaccurate information.
2.4 The User shall be liable to the Company and third parties for all actions performed in the Application under his/her profile.
2.5 If the User becomes aware of any unauthorized use of his/her profile, as well as in case of loss of the User's mobile device and/or unauthorized access to his/her mobile device, the User shall immediately notify the Company by sending an email to [email protected].
2.6 The Company shall not be liable for any damage, impairment or loss of data that may result from the User's breach of clause 2.5.
(3) In the app, data from customer cards can be stored and played back on the mobile device in order to use the customer card when making a purchase. To use the functions of the app, you must provide your customer card and customer number from the card provider. The card is stored in a database, but when using the app, it is not recorded or stored how you use the card (e.g. card used, time, number of points).
(4) Bank card data or bank account data cannot be stored in the app to perform payment transactions. Bank account data cannot be stored in the payment application.
4.1 The rules for storage and use of bank accounts and for the provision of services by third parties shall be governed by separate agreements with the providers of such services and by rules approved and published by them.
4.2 The Contractor offers with the standard product "finAPI" a multifunctional soft-ware, which flexibly enables the connection of third party bank accounts of the end customers of the Customer.
4.3 The basic technology for the extension modules is a comprehensive connection of banks for retrieving account data. Account balances and turnovers of payment accounts are loaded and consistently stored in the finAPI database. In addition, payments can also be triggered via the add-on module finAPI Pay.
4.5 finAPI supports the execution of SEPA single and collective transfers. finAPI handles the TAN procedure processing and communication with the bank, the transmission of payment orders to the respective payment institutions as well as the feedback and communication about the status of the payment order. The list of supported TAN procedures is regularly announced by finAPI.
(5) As a user of the app, you will receive access to exclusive offers that are reserved exclusively for WalletMe's customer base. These will be separately identified as exclusive WalletMe offers. WalletMe is not your contractual partner with respect to these offers and assumes no liability or warranty for these offers, unless otherwise stated.
(6) You can also display current offers from the issuers of the Customer Cards in the App. Furthermore, WalletMe may display offers in the App and/or link to third-party products/services. WalletMe assumes no liability or warranty for the offers from the issuers of the loyalty cards or third-party providers. Any contracts regarding a corresponding offer shall be concluded exclusively with the issuers of the loyalty cards or the respective third party provider.
(7) WalletMe does not guarantee or warrant that you will be able to use the App as intended by you, unless otherwise expressly agreed with you.
§ 5 Costs, term and termination
(1) The user relationship begins with the download of the app and is concluded for an indefinite period. If no subscription has been concluded, WalletMe is entitled to terminate the usage agreement without giving reasons and without observing a notice period.
(2) In all other cases (when a subscription is concluded), WalletMe is entitled to terminate the user agreement in text form without stating reasons with a notice period of two weeks to the end of the minimum term or the extension period of the subscription.
(3) After taking out the subscription for 1 (one) month, you will incur monthly costs in the amount of € 24.99 including VAT. After subscribing for 1 (one) year, you will incur annual costs of €239.99 including VAT.
(4) The subscription can be cancelled by you with a notice period of 24 hours to the end of the minimum contract period. The subscription will be automatically renewed for a further 12 months if it is not cancelled by you 24 hours before the end of the respective term. WalletMe is entitled to terminate the subscription in text form with a notice period of two weeks to the end of the minimum term or the renewal period.
(5) Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. The payment for the renewal of the subscription is debited according to the tariff plan from your account within 24 hours before the end of the current period. You can set up or turn off auto-renewal by going to your Google Play or Apple Store account settings at any time after purchase.
(7) If you fail to meet your payment obligations under the Subscription despite a reminder, WalletMe is entitled to terminate the Subscription for cause and may immediately demand payment of the remaining Subscription Fee until the end of the minimum term or the renewal term of the Subscription.
(8) WalletMe is also entitled to terminate the usage relationship in the event of inactivity of more than 12 months without the conclusion of a subscription or after the expiration of a subscription by means of an email notice of four weeks in advance and to delete the Account including the data entered by you.
§ 6 Rights of use, liability and obligations of the users
(1) The app, the associated program code and the contents of the app are protected by copyright or otherwise in accordance with the statutory provisions.
(2) You are granted a simple, non-transferable right of use to the contents of the app, limited to the term of the contract. You may only use the app for your own purposes. Any transfer to third parties is not permitted. Furthermore, you may not make any changes to the App unless a change is necessary to remedy a defect and WalletMe is in default after a prior, reasonable request by you to remedy the defect.
(3) You may not use the App to perform any actions that are relevant under criminal law or to infringe the rights of third parties (in particular copyrights or other industrial property rights). You shall indemnify WalletMe against all claims of third parties that are asserted against Wal-letMe because you have culpably used the App in an unlawful manner. In the event of a claim against WalletMe, you are obligated to reasonably cooperate in the defense against the asserted claim.
(4) The right of use under these Terms and Conditions shall also apply to the extent that WalletMe makes changes to the App during the term of the Agreement.
§ 7 Limitation of liability of WalletMe
(1) In the case of services provided free of charge (App without subscription), WalletMe shall only be liable for damages caused due to intent or gross negligence or due to the absence of a warranted characteristic, whereby the amount of liability shall be unlimited in the case of intent and limited to the typical, foreseeable damage in the case of gross negligence.
(2) In the case of services provided against payment (App with subscription), WalletMe shall be liable without limitation for damages that are attributable to intent, gross negligence or the absence of a warranted characteristic. In the event of a breach of a material contractual obligation, in the event of debtor's default or impossibility of performance for which WalletMe is responsible with slight negligence, WalletMe's liability shall be limited to the typical, foreseeable damage. Material contractual obligations are those that are directly related to the fulfillment of the contractual purpose (main performance obligations).
(3) The aforementioned limitations of liability shall not apply in the event of culpable injury to life, limb or health or in the event of mandatory statutory provisions to the contrary. Furthermore, the limitations of liability do not apply to claims under the Product Liability Act.
(4) Insofar as WalletMe's liability is limited, this limitation shall also apply in favor of WalletMe's legal representatives and employees as well as other persons working for WalletMe (vicarious agents).
(5) WalletMe is not liable for information provided by third parties in the App and also does not assume any warranty/liability for third-party information including the offers provided by such third parties. WalletMe monitors the content of third-party providers within the framework of the technically and organizationally possible conditions and immediately follows up on any indications of illegal activities.
(6) WalletMe's liability is excluded in all other cases.
§ 8 Miscellaneous
(2) The EU Commission provides at https://ec.europa.eu/consumers/odr a platform for out-of-court dispute resolution. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, you can contact us at any time using the contact details provided in the imprint or in these terms and conditions.
(3) Applicable law is the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of international private law.
(4) Should individual conditions be invalid, the remaining conditions shall remain unaffected. The invalid condition shall be replaced by a condition that most closely reflects the economic purpose of the invalid condition and the mutual interests of the parties.
In the event of any discrepancy between the German and English versions of this document, the German language shall prevail.