We, National Business Group Inc., Mill Mall Tower, 2nd Floor, Wickhams Cay 1, PO BOX 4406, Road Town, Tortola, British Virgin Islands (“Buy Me a Pie!”; "we"), have developed the application "Buy Me a Pie!" which can be downloaded from the Apple App Store and other app stores or can be used online at www.buymeapie.com. “Buy Me a Pie!” is a tool for creating, managing and sharing shopping lists. “Buy Me a Pie!” can be used and operated quickly, fully and easily on devices throughout the world and on almost all most conventional and current operating systems.
1. Scope: Who and What Do These Conditions Apply to?
2. Purpose of the Agreement: Scope of “Buy Me a Pie!”'s Offer
- 2.1 The purpose of this agreement is the paid or free of charge use of the “Buy Me a Pie!” application, which can be retrieved via www.buymeapie.com as a web service or via corresponding mobile applications ("apps"). All data are stored in the Cloud and can thus be retrieved at any time by various types of terminals or a web site. In which form and on which devices you can use “Buy Me a Pie!” is described at www.buymeapie.com. “Buy Me a Pie!” provides the following for the use of application:
- Each user can have her own account with its own login name and PIN.
- Each user-account contains various tools and features as well as pre-installed lists. You can use these lists, create additional lists and invite other users to those lists. As the administrator, you are responsible for the lists you have created and are free to decide whom you want to invite. You can use our pre-defined grocery items dictionary and color categories to sort items in the list.
- You can also be invited to lists created by other users or providers. However, your are not automatically entitled to be invited. Administrators are free to decide whom they invite to their lists.
- You can also invite unregistered persons to “Buy Me a Pie!” by entering their email addresses.
- For a fee, you can subscribe to a PRO Account. The PRO Account gives access to 20 shopping lists, sharing lists to 20 people, ads free version and premium support.
3. Registration, Concluding Contracts, Use of “Buy Me a Pie!”: Rights and Responsibilities
- 3.1 Downloading “Buy Me a Pie!”
- 3.1.1 You can download “Buy Me a Pie!” as a mobile app for various devices.
- 3.2 Registration, Conclusion of a Contract
- 3.2.1 You can use “Buy Me a Pie!” without registering. However, non-registered accounts may be restricted in terms of range of functions.
- 3.2.2 To be able to use all the functions of “Buy Me a Pie!”, you will need to register.
- 3.2.3 To register with “Buy Me a Pie!” you must supply the required data truthfully and fully if these are not voluntary details. You must choose a user name, PIN and an email address at which we can contact you. After you have registered, we will send you a confirmation of your registration via email together with these Terms and Conditions. The registration process will not be completed until you have received this email ("Conclusion of Registration").
- 3.3 Concluding the Agreement
- 3.3.1 Web Interface In the case of the web site, you have concluded an agreement with us once you have used the web interface for the first time.
- 3.3.2 Mobile Apps In the case of the mobile apps, you conclude an agreement for use when you click on the "Install" button on the product description page of the relevant app store and, where required, you enter your password.
- 3.3.3 There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.
- 3.4 You may use all of the free features of “Buy Me a Pie!” free of charge. Using features that are not free of charge as a “PRO” user may incur charges.
- 3.5 You are responsible for keeping your password confidential. This means, that you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and that you take the necessary steps to guarantee its confidentiality. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via email at: firstname.lastname@example.org.
- 3.6 Rules for Using “Buy Me a Pie!”
- 3.6.1 When using “Buy Me a Pie!” you must obey all of the relevant laws and other legal provisions. In particular, you may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third party rights. You are solely responsible for the data and content you provide. We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
- 3.6.2 You are not allowed to attack the operational capacity of “Buy Me a Pie!” by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.
- 3.6.3 If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of “Buy Me a Pie!” or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.
- 3.7 Indemnification
- 3.7.1 You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to “Buy Me a Pie!”. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of “Buy Me a Pie!”. You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.
- 3.7.2 The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.
- 3.8 Data Backup
- 3.9 Identity of Users
You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on “Buy Me a Pie!”, and create your own backup copies in order to guarantee reconstruction of the data and content in case of data loss.
Technically, we are not capable to definitively determine whether a registered user on “Buy Me a Pie!” actually has the identity she claims to have. We therefore cannot guarantee the correct identity of any user.
4. Responsibility for Content
- 4.1 We accept no responsibility for texts, content, images, data and/or information uploaded by you or other “Buy Me a Pie!” users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from “Buy Me a Pie!”. In particular, we give no guarantee that the content showed in “Buy Me a Pie!” is true, fulfils any particular purpose or can serve any particular purpose.
- 4.2 If you notice or suspect any illegal or non-contractual use of “Buy Me a Pie!”, you can report this to us at any time via this email address: email@example.com.
5. PRO Accounts
Certain features are only accessible to users who have registered as PRO users and who pay for PRO subscription plan. You will find all the benefits and features of “Buy Me a Pie!” PRO on www.buymeapie.com.
- 5.1 Payment and Invoicing
- 5.1.1 Payment for using “Buy Me a Pie!” PRO Account is made in accordance with the invoicing conditions selected by you.
- 5.1.2 Prices of applications of third-party providers or external developers are determined explicitly by them.
- 5.1.3 Charges are due at the beginning of each invoicing period. If you have a subscription, it will renew automatically until you cancel. Every further payment will be due at the beginning of the new payment cycle.
- 5.1.4 All charges and prices stated include the applicable value added tax.
- 5.1.5 You may only offset invoices against legally determined or undisputed claims or right of retention. You may only assign claims arising from this agreement with our written consent.
- 5.2 Default of Your Payments
- 5.2.1 If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to block access to your “Buy Me a Pie!” PRO features. If your account is considerably in arrears, we will be entitled to terminate the agreement without notice. A “considerably” is defined as the amount of one payment. In this case, you will remain obliged to reimburse the outstanding amount.
- 5.2.2 The amount of damage is to be set higher or lower if we or you are able to prove greater or lesser damage.
- 5.2.3 We reserve the right to assert further claims for default of payment.
6. Term of Your Licensing Agreement and Termination
- 6.1 Free Use of “Buy Me a Pie!”
- 6.1.1 The agreement on free use of “Buy Me a Pie!” apps is for an indefinite period.
- 6.1.2 You can terminate the agreement at any time by uninstalling “Buy Me a Pie!” application and by request to delete your account, sent to firstname.lastname@example.org. On termination, unsecured data will be lost as we will delete your account completely.
- 6.1.3 We can terminate this agreement in writing with a notice period of two (2) weeks (email will be sufficient).
- 6.2 Use of PRO Accounts
- 6.2.1 The agreement is concluded for an indefinite term.
- 6.2.2 Both parties may terminate the agreement at any time.
- 6.2.3 Agreements will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand by deleting it in accordance with No. 6.1.2 or by downgrading it to free use. If you terminate or downgrade a PRO Account, the original agreements will run to the end of the agreed term and will not be renewed. Reimbursement of already-paid fees for the current term is not possible.
- 6.3 In addition, the agreement may be terminated for just cause. Just cause, which would entitle National Business Group Inc. to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3.6 or if you are delayed with your payment obligations in accordance with Section 5.2.1.
7. Liability for Defects
- 7.1 We are only liable for defects in “Buy Me a Pie!” in accordance with Section 7 provided the impairments are not due to the restrictions in availability (SLA) described in Section 2.4.
- 7.2 A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted.
- 7.3 You must inform us of the defect by email immediately.
- 7.4 You are not entitled to damages due to a defect to “Buy Me a Pie!” due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.
- 7.5 Further claims and rights for defects to “Buy Me a Pie!”—other than those explicitly named in No. 7—will not be recognized except if we are held liable for them by statutory provisions.
- 8.1 Free Use of “Buy Me a Pie!” Our liability for use of the free “Buy Me a Pie!” product is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.
- 8.2 Use of the PRO Accounts for Payment
- 8.2.1 Claims by users for compensation will not be recognized. Exceptions are: damages claimed by users for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these Terms and Conditions are those obligations that make the due performance of this agreement and the achievement of its objectives possible in the first place, and on the regular compliance of which the user may therefore rely.
- 8.2.2 Where essential contractual obligations are violated, we will only be liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused negligently, unless the damage claims by the user refer to cases of death or injury to body or health.
- 8.2.3 The restrictions of Sections 8.2.1 and 8.2.2 will also apply in favor of our legal representatives and assistants if claims are asserted against these parties directly.
We will be liable as follows for use of PRO Accounts made available against payment:
9. Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use
- 9.1 This agreement shall be governed by the laws of British Virgin Islands.