TERMS AND CONDITIONS
Part I End User License Agreement (“EULA”)
The license agreement for the free use of the “Pay with Charlie” software (hereinafter referred to as the App) is concluded between you as the user and ZIIB Zahlungssysteme GmbH, represented by business executive Nicole Groß, Otto-Suhr-Allee 144, 10585 Berlin as the contractual partner by downloading the App onto your end device and your agreement to the following terms and conditions. ZIIB Zahlungssysteme GmbH is responsible for the licensed app and its content.
The app is a payment app for Android and iPhone with which goods and services can be purchased at vending machines and other points of sale and paid completely cashless and without a physical credit card.
There is no obligation on the part of the user to conclude a purchase contract.
An overview of the app’s functionalities can also be found on the website www.paywithcharlie.com.
1.1 Publisher and provider
This app is offered free of charge by ZIIB Zahlungssysteme GmbH (hereinafter also referred to as the provider) in an app store (“platform”) of the respective operator (“platform operator”).
As the publisher of the app, the platform operator is not a contractual partner of the user and is not responsible for the app or its content.
1.2 Purpose of use
This app may only be used for private purposes.
1.3 Function and purpose of the app
The function and purpose of the app are described under App Description.
- Rights of use
The lawful user is granted the time-limited, non-exclusive, non-sublicensable, non-transferable, revocable and royalty-free right to use the App in accordance with this EULA for private purposes only.
The granting of rights of use to the App including its content is limited to the duration of the use of the App.
2.1 Scope of the rights of use
Deviations and additions may result from information and conditions for FOSS (clause 2.2) and for third party content (clause 2.3).
2.2 Rights of use to FOSS
The App may contain components of Free and Open Source Software (“FOSS”). In this case, the information and conditions for FOSS shall apply with priority.
2.3 Third-party content
The App may contain or use components (software or content) from third parties. In this case, the information and conditions for third-party content apply with priority. Insofar as rights to this third-party content are granted directly by third parties, the User concludes a contract with the respective third party in accordance with the relevant terms and conditions by agreeing to this EULA. In the case of violation, the third party may make a claim against the user.
2.4 Termination of the rights of use
The granting of usage rights is conditional upon compliance with this EULA. If the user violates this EULA, usage rights to the app including its content are automatically lost. Regardless of this, the publisher and provider of the app can terminate the usage rights at any time by unilateral declaration with immediate effect.
In addition to a termination of the rights of use, a violation of this EULA may have further legal consequences for users, for example due to unlawful use of the app and its content. This also includes the omission of further use and claims for damages.
- User obligations
3.1 Notification of defects
The user shall immediately report any faults in the use of the app to the contact point specified under Customer Support.
3.2 Lawful use
The User is obliged to use the App only lawfully in accordance with this EULA and in compliance with applicable law.
4.1 Prohibition of transfer and exploitation
It is not permitted to transfer, publish, license, sell or otherwise commercially exploit the App to third parties, whether in return for payment or free of charge. No rights to the app may be rented, leased or otherwise transferred.
4.2 Prohibition of modification
It is not permitted to change, adapt, translate, create derivative works from the app, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the app. Legal powers remain unaffected, in particular the User’s right to decompile the App in order to obtain the information necessary to make it interoperable with other programs, unless the Provider makes it available to the User on reasonable terms.
4.3 Impact on software or websites of the publisher or third parties
Any use of the App that adversely affects the App itself or any websites linked to it, or any software accessed through the App, is prohibited.
5.1 Provision free of charge and exclusion of warranty rights
The use of the app is free of charge. In particular, no promise of availability is assumed. Warranty rights are excluded, except in the case of intent or gross negligence on the part of the publisher or provider of the app. This also applies to any support. The exclusion also extends to indirect or consequential damages. Liability for defects of the app only exists if ZIIB Zahlungssysteme GmbH has fraudulently concealed a defect.
5.2 Correctness of information
However, the publisher accepts no responsibility for completeness and accuracy. Representations of goods, services and prices are made without guarantee of accuracy and do not contain an offer of a contract or a claim to the conclusion of a contract.
5.3 Scope of the warranty provisions
The warranty of the Publisher and Provider is excluded and limited to the extent permitted by law. Statutory mandatory rights of the user remain unaffected.
The Provider excludes its liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act are affected.
Liability of legal representatives, vicarious agents and employees of the provider for damage caused by slight negligence are also excluded.
6.2 Release from liability
If a claim is made against the Publisher or the Provider of the App by a third party due to a violation of this EULA by the User, the User shall indemnify the Publisher and the Provider against all claims and costs arising directly or indirectly as a result, including reasonable costs for defense by a lawyer. This does not apply if the User is not responsible for a violation. The Publisher reserves the right to assume the defense against such claims himself.
The right of use begins with the user’s agreement to these provisions and the downloading of the app. Each user may terminate the usage agreement at any time by deleting the app from his/her end device. ZIIB Payment Systems can terminate this agreement and the associated right of use at any time at its own discretion by informing the user that the services intended with the software are no longer offered. Otherwise, the agreement ends with immediate effect in case of contract violation.
- Customer support
In case of app usage problems, you can contact the following address: ZIIB Zahlungssysteme GmbH, Otto-Suhr-Allee 144, 10585 Berlin. By e-mail: firstname.lastname@example.org.
- Additional conditions
9.1 Notice pursuant to § 36 Consumer Dispute Resolution Act (VSBG)
The Provider will not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG) and is not obliged to do so.
- Final clause
10.1 Reservation of right to change
The Publisher reserves the right to adjust this EULA if necessary. The Publisher shall notify the User of any significant changes to the EULA. Changes shall automatically become effective 30 days after such notification. If a User does not agree with a change, the User shall uninstall the App and no longer use it.
By continuing to use the app, the user declares his consent to the changed EULA.
10.2 Invalidity of individual clauses
Should individual regulations of this EULA be or become invalid or unenforceable, this shall not affect the validity of the remaining regulations.
10.3 Applicable Law
This EULA is subject to the applicable law of the Federal Republic of Germany for domestic transactions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
10.4 Place of Jurisdiction
The place of performance and jurisdiction is Berlin.
- Contracting party
The purchase contract for the product/goods or services selected by the user (hereinafter referred to as the purchase object) is concluded with the seller who offers the product/goods or services for sale. The general terms and conditions of the seller apply.
The provider of the app is only active as a payment intermediary. Computop GmbH, Bamberg is the gateway operator for payment processing and SIX Payment Services (Europa) S.A., Frankfurt is active in acquiring. In the case of American Express payments, the payment is made via American Express Europe S.A., Frankfurt.
- Payment methods
Under point 3 of the app, the user has the option of performing the payment process using ApplePay, GooglePay, MasterCard, Visa, American Express, Dinners Club, Discover Card and PayPal.
3.1 Price information
The prices of the respective seller displayed in the app are based on information that the app provider receives from a third party. The app provider assumes no liability for the content, correctness and currency of the prices displayed in the app.
3.2 Prices for the payment function
For the payment function, the prices specified during the purchase process of the respective seller apply. When using the payment function via the app, the total amount to be paid is automatically displayed in the app after the purchase item has been selected. This amount is due immediately upon selection of the individual purchase item. The user must notify the app provider immediately of any discrepancies between the total amount displayed in the app and the information at the vending machine or point of sale (e.g. via customer support).
- Payment process
After selecting the object of purchase and the payment method, the user is requested to authenticate. Authentication can be done using Touch ID or Face ID, depending on the user settings. The user must authenticate his account separately before each purchase by using his Touch ID or Face ID.
4.1 Precautions against misuse
The user is obliged to take all reasonable precautions regarding the biometric authentication function and to protect it from unauthorized access by third parties. In particular, the user is not permitted to
pass on his individual authentication feature to third parties. Furthermore, the user is obliged to report the loss, theft or misuse of his individual feature or his smartphone or other end device with which he uses the app, or any suspicion of this to the customer support, immediately after becoming aware of it.
The app provider uses a third-party service provider (“payment processor”) to process the payment. For this purpose, the app provider transmits the necessary data to the payment processor.
4.3 Registration for payment function with Mastercard, Visa, American Express, Dinners Club and Discover Card
In order to use the payment function with Mastercard, Visa, American Express, the user must enter his credit card details once in the app. In order to use the payment function with Mastercard, Visa, American Express, Dinners Club, Discover Card, the user must enter his credit card details once in the app. When registering, the data entered there will be stored exclusively for the purpose of providing the payment function. The payment data can be changed in the app at any time. The payment function can only be used if the complete and necessary payment data are provided and a biometric feature is secured in the user’s smartphone. As soon as the data in the app has been partially or completely deleted, the payment function can no longer be used.
By confirming a specific payment, the user undertakes to pay the amount described in Section 2.2 and agrees to the terms and conditions of the seller. This amount is debited directly from the means of payment stored by the user in the app. In this respect, the user does not receive a receipt in a paper form. The transaction is also displayed in the app’s transaction overview.
4.5 Means of payment
Payments are made via the selected or deposited means of payment. The user undertakes to ensure that the means of payment selected by him/her has sufficient funds. The app provider reserves the right to reject means of payment specified by the user.
In the event of a multiple payment for the same service, this will be determined immediately by the payment processor and an automatic reversal will be initiated.
4.7 Warranty and liability
Warranty claims arising from the paid service must be asserted against the contractual partner within a period of 24 hours. If a defect becomes known later, this must be asserted against the contractual partner immediately after becoming known. The provider of the app assumes no liability for claims arising from the purchase performance. Insofar as the provider of the app is liable to the user for payment brokerage, this is limited to the statutory minimum.
4.8 Payment process at the vending machine via PayPal
If the User purchases an item from a vending machine and pays the purchase price via PayPal, ZIIB shall be the seller of the item and the purchase price shall be processed via Paypal@paywithcharlie.com.
- Final Provisions
Place of jurisdiction is Berlin