General Terms and Conditions
1. General
1.1 Area of application
apocha with, among other things, the products “Standard”, “Plus” and “Premium” (together also “apocha”) is an offer from apocha UG (limited liability), Im Brachmoos 12, 88149 Nonnenhorn (hereinafter “apocha UG” or “provider”). These General Terms and Conditions apply and govern the use of all apocha products the services to be provided by apocha UG as well as the powers and obligations of its customers Offers (“Customer”).
1.2 “Standard”
The “Standard” product provides customers with a free version of apocha, which contains the basic Contains functions for keeping a household book, such as recording income and expenses. The The “Standard” product contains some restrictions, e.g. on the number of accounts that can be created to 5 and the number of monthly available automatic document entries to 10. Unused automatic document entries expire after one month and are not transferred. apocha expressly reserves the right to change these restrictions. As well apocha reserves the right to finance this version by displaying advertising.
1.3 “Plus”
The “Plus” product provides customers with a free, ad-free version of apocha that contains the basic Contains functions for keeping a household book, such as recording income and expenses. The The “Plus” product contains some restrictions, e.g. on the number of accounts that can be created to 50 and the number of monthly available automatic document entries to 50. Unused automatic document entries expire after one month and are not transferred. apocha expressly reserves the right to change these restrictions.
1.4 “Premium”
The “Premium” product provides customers with a free, ad-free version of apocha that includes the basic Contains functions for keeping a household book, such as recording income and expenses. The The “Premium” product sometimes contains restrictions, e.g. on the number of automatic devices available each month Document entries to 250. Unused automatic entries expire after one month and are not transferred. apocha expressly reserves the right to change these restrictions.
2. Registration
2.1 User information
The use of apocha is only possible after registration and conclusion of a corresponding contract. The details of the conclusion of the contract are regulated in Section 3. The customer is obliged to provide all information truthfully during registration. The customer account is linked to the specified user name and email address. The customer is responsible for ensuring that he has access to his email account and is aware of it is which username and email address he registered with. apocha UG is entitled to reject individual registrations without giving reasons.
2.2 Communication
Personalized contract processing, such as sending invoices or notifications of contract changes, takes place via the email address provided by the customer. The customer is responsible for his own Check your email account regularly for emails. Sendings as part of contractual communication only take place to email addresses provided by the customer as part of the registration process.
3. Conclusion of contract and cancellation policy
3.1 Conclusion of the contract
By completing the registration and clicking the “Register” button, the customer of apocha UG an offer to conclude a corresponding contract for the use of the free “Standard” version. By clicking the “Subscribe” button in the user account, the customer of apocha UG an offer to conclude a corresponding contract for the purchase of a paid apocha product by subscription. apocha UG can accept this offer by activating the customer's user account. When purchasing one For paid subscriptions to the products apocha Plus and apocha Premium, the customer also receives one corresponding invoice to the email address provided during the purchase process.
The fee does not include costs incurred by the customer in connection with the use of “apocha”. Third-party services arise, i.e. in particular costs for the use of end devices and internet connections. These costs must be borne by the customer himself.
3.2 Term of the contract
Unless otherwise agreed, the contract has a minimum term of one month. Then extended it will automatically extend for another month if it is not terminated by one of the parties. For the “Plus” and “Premium” products are also offered at a reduced price with a term of one year. In these cases the contract has a minimum term of one year. It is then automatically extended for another period of time year unless terminated by one of the parties.
3.3 Termination of the contract
Unless otherwise agreed, termination is possible at any time upon expiry of the contract term. The cancellation can be made, for example, by email, stating the email address to which the subscription is booked. as well as directly via the customer account. The right to extraordinary termination for good cause remains unaffected. An important reason exists in particular if the customer has not made a payment that is due.
3.4 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must contact apocha UG inform you of your decision to withdraw from the contract by means of a clear statement. For example, you can do this with: an email to support@apocha.app. The sending date of the cancellation applies.
3.5 Consequences of revocation
If you cancel this contract, we will have to pay you all payments received from you, including The delivery costs must be repaid immediately and at the latest within fourteen days from the day on which the notification was received We have received notification of your revocation of this contract. For this repayment we use the same payment method, that you used in the original transaction, unless you expressly agreed otherwise agreed. Under no circumstances will apocha UG charge you any fees for this repayment.
3.6 Price adjustments
apocha UG reserves the right to adjust the price for a subscription if the product scope changes or our operating costs increase. Factors here can be, for example, increased production costs of our content, for maintaining the technical operation of our platforms and in the area of personnel and infrastructure (e.g. increased rental costs); but also increased state taxes. apocha UG will inform the affected customers about a planned adjustment at least 8 weeks in advance by email inform the email address provided. If the customer does not terminate the contract in good time before the date communicated to him If the price adjustment date is announced, the adjusted price communicated will be deemed to have been agreed from this point onwards.
3.7 Due date and billing
The fee for the respective subscription is due in advance. We reserve a pro-rata billing (usually monthly or annually), so that in particular the first and last invoice can be made pro rata. At If you switch between subscriptions with different durations, the fee for the new subscription will be charged immediately due. Billing is carried out via an external payment service provider who acts as an intermediary.
3.8 Test period
Customers sometimes have the opportunity to use the “Plus” and “Premium” products free of charge for a limited time. The details and in particular the respective duration of the free trial phase are available on the website and when booking pointed out. The number of free trial periods is limited to one per customer. The offer is only valid for new customers, who have not yet received a free trial period.
4 Customer's obligations to cooperate
4.1 Support
The customer will provide apocha UG with appropriate support in providing the contractual services.
4.2 System requirements
To use the software, general information and those resulting from the product description must be met The customer's system requirements must be met, in particular, for example, an Internet connection or a A mobile data connection and an internet-capable device must be available. The customer bears responsibility for this.
4.3 Protected content
If the customer provides apocha UG with protected content (e.g. graphics, trademarks and other copyright or trademarked content), he grants the provider all costs for the implementation of the contractual the rights required by the agreement. In this context, the customer assures that he will do all the necessary things has rights to customer materials provided in order to grant the provider the corresponding rights.
4.4 Protection of access data
The customer must keep the access data provided to him secret and ensure that any Members of the same household who are provided with access data also do so. The performance apocha UG may not be made available to third parties outside of one's own household, unless this is not possible was expressly agreed upon by the parties.
4.5 Blocking the user
apocha UG reserves the right to notify customers in the event of violations of the provisions listed in sections 4.3 and 4.4 Regulations to block the use of “apocha” with immediate effect. The same applies in the event of late payment. In this case, fees already paid will be forfeited and will not be refunded. After paying the fee you can the blocking can be lifted again.
5 Support
A support case occurs if the software does not fulfill the contractual functions according to the product description. If the customer reports a support case, he must provide as detailed a description of the respective malfunction as possible to ensure that errors can be resolved as efficiently as possible. The report is made by email to support@apocha.app.
6 Availability
apocha UG does not guarantee or warrant that apocha meets the customers' requirements, is uninterrupted, secure or error-free. apocha UG reserves the right to to remove individual functions from apocha at any time -especially for legal reasons to replace other functions.
7 Warranty
The legal regulations regarding warranties in rental agreements generally apply. §§ 536b BGB (knowledge of the tenant from the defect upon conclusion of the contract or acceptance), 536c BGB (defects occurring during the rental period; notification of defects by the tenant) apply. The application of Section 536a Paragraph 2 BGB (tenant's right to self-removal) is however, excluded. The application of Section 536a Paragraph 1 of the German Civil Code (the landlord's obligation to pay damages) is also excluded. insofar as the standard provides for liability regardless of fault.
8 Liability and compensation
If damage to the customer results from the loss of data, apocha is not liable for this as long as the damage is caused by a regular and complete backup of all relevant data by the customer would have been avoided. apocha's liability for damage caused due to slight negligence is limited to essential Contractual obligations, i.e. those obligations whose fulfillment is essential for the proper execution of the contract possible, the non-fulfillment of which would jeopardize the purpose of the contract and compliance with which the user regularly requires familiar, limited.
9 Transfer of rights and obligations
The assignment of the rights and obligations under this contract is only possible with the prior written consent of apocha permitted. apocha is entitled to entrust third parties with the fulfillment of the obligations under this contract.
10 Changes to the terms and conditions and the rest of the contract
The provider reserves the right to change these general terms and conditions. In the event of a change, the customer will be informed of this informed electronically. The modified version of the General Terms and Conditions becomes part of the contract if the Customer does not object electronically or in writing within 14 days. If the customer objects to the changes within 14 days of notification, retain the general terms and conditions valid at the time of conclusion of the contract Terms and conditions are valid until the respective contractual relationship ends.
The respective general terms and conditions of use of the selected payment service provider are supplementary Application of the regulations made here.
11 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Is the customer Merchant, a legal entity under public law or a special fund under public law exclusive place of jurisdiction Nonnenhorn.
12 Severability clause
If a provision of the contract is or becomes invalid or the contract is incomplete, this remains the case This does not affect the legal validity of the remaining provisions. The invalid provision is deemed effective by such provision replaced, which economically comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any contractual gaps.
