END USER LICENCE AGREEMENT

Last updated: October 24, 2023

„Urlaubsplaner & Kalender“ is a software licensed to you by RootITUp UG (haftungsbeschränkt), a company based in Oberschleißheim, Germany. VAT number: DE327553034.

By downloading this app from the App Store or Play Store, and any updates to it, you agree to the terms of this Licence Agreement. Please note that the App Store and Play Store are simply platforms and aren’t responsible for this app or its content. The responsibility lies solely with RootITUp UG.

It’s important to mention that our Licence Agreement adheres to both Apple Media Services Terms and Google Play Terms of Service. When you get „Urlaubsplaner & Kalender“ from the aforementioned platforms, you’re agreeing to this Licence Agreement. This software is designed for devices with Apple’s (iOS & Mac OS) or Google’s (Android) operating systems.

TABLE OF CONTENTS

1. The Application
2. Scope of Licence
3. Technical Requirements
4. No Maintenance and Support
5. Use of Data
6. User-Generated Contributions
7. Contribution Licence
8. Liability
9. Warranty
10. Product Claims
11. Legal Compliance
12. Contact Information
13. Termination
14. Third-Party Terms of Agreements and Beneficiary
15. Intellectual Property Rights
16. Applicable Law
17. Miscellaneous

1. THE APPLICATION

„Urlaubsplaner & Kalender“ is designed to simplify your holiday planning. It helps you integrate official holidays, school vacations for your state, and lets you track unused vacation days, mark flexible working days, and share your plans—all without ads.

2. SCOPE OF LICENCE

– You have a non-transferable license to use this app on your devices. You can also let family members access it if you use Family Sharing or volume purchasing.
– Any updates come under this licence unless stated otherwise.
– You can’t share, sell, or modify this app.
– Backups are allowed, but be careful about intellectual property notices.
– If you’re selling your device, remove this app first.
– Breaking these rules may lead to legal actions.
– We can change these licensing terms.
– Remember to follow third-party terms when using this app.

3. TECHNICAL REQUIREMENTS

We’ll try to keep the app updated for new device versions, but we don’t promise to.

4. NO MAINTENANCE OR SUPPORT

We aren’t obligated to offer any support for this app. Neither are the App Store or Play Store.

5. USE OF DATA

We can access and modify the app’s content on your device and some of your personal info. How we handle this data is outlined in our privacy policy, which can be found at [this link](https://rootitup.com/datenschutzerklaerung/). We may also collect technical data about your device and software to improve our products, but we won’t identify you personally with this data.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content.

7. CONTRIBUTION LICENCE

You agree that we may access, store, process, and use any information and personal data that you provide according to our Privacy Policy and your choices (including settings).

If you submit suggestions or other feedback regarding the Licensed Application, you give us permission to use and share this feedback for any purpose without having to pay you.

We don’t claim ownership of what you contribute. You keep full ownership of all your contributions and any related intellectual property rights. We’re not responsible for what you say in your contributions in the Licensed Application. You’re responsible for your contributions and agree not to hold us accountable for them.

8. LIABILITY

8.1 We’re only liable for intentional wrongdoing and gross negligence. If we breach key contractual duties, we’re liable even if it’s just slight negligence. However, our liability is limited to foreseeable, typical damages. This doesn’t apply to harm caused to life, health, or physical well-being.

8.2 We’re not responsible for damages caused due to violations mentioned in Section 2 of this Licence Agreement. To prevent data loss, make sure you back up data from the Licensed Application. Be aware: if you change or manipulate the Licensed Application, you may lose access to it.

9. WARRANTY

9.1 We guarantee that the Licensed Application is malware-free when you download it and that it functions as described in the user guide.

9.2 We don’t guarantee the app if you can’t run it on your device, if it’s been modified without authorization, or if it’s been mishandled. This applies if you or someone else caused these issues, or if something else outside our control affects the app’s functionality.

9.3 After installing the app, inspect it. If there are issues, inform us promptly by email (see Contact Information). We’ll consider and investigate complaints emailed within 30 days of discovering the issue.

9.4 If the app is confirmed defective, we’ll either fix it or provide a substitute.

9.5 If the app doesn’t meet the warranty, you can notify the Services Store Operator, and they should refund your purchase. They aren’t obligated to do anything else regarding the warranty. They’re also not liable for any other problems, claims, or damages tied to failing to meet the warranty.

9.6 For entrepreneurs, any claims about faults expire after 12 months from when the app was available. For regular consumers, standard legal time frames apply.

10. PRODUCT CLAIMS

We, not the Services, address claims related to the Licensed Application or its use, including:

(i) Product liability claims.
(ii) Claims that the Licensed Application doesn’t meet legal or regulatory standards.
(iii) Claims under consumer protection, privacy, or related laws, including if your app uses HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You confirm you’re not in a US Government embargoed country or labeled by the US as a ‚terrorist supporting‘ country. You’re also not on a US Government prohibited or restricted list.

12. CONTACT INFORMATION

For questions or complaints about the Licensed Application, contact:

RootITUp UG (haftungsbeschränkt)
Am Stutenanger 6
Oberschleißheim, 85764
Germany
Email: info@rootitup.de

13. TERMINATION

This licence lasts until either you or RootITUp UG (haftungsbeschränkt) ends it. If you breach any licence terms, your rights under the licence will end without notice.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

We’ll follow third-party terms when using the Licensed Application. Both Apple and Google, along with their subsidiaries, are third-party beneficiaries of this agreement. They have the right to enforce this agreement against you.

15. INTELLECTUAL PROPERTY RIGHTS

If someone claims the Licensed Application or its use violates their intellectual property rights, we, not the Services, will handle and settle these claims.

16. APPLICABLE LAW

This Licence Agreement follows German law, excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any agreement terms are or become invalid, the other terms remain in effect. Invalid terms will be replaced with valid ones that achieve the original purpose.

17.2 Any side agreements, changes, or updates must be in writing. This requirement can only be waived in writing.