General Terms and Conditions - App

1.1 Pyros Labs – Marijan Divkovic, 10407 Berlin, support@pyroslabs.com (the "Operator", "us" or "we") offers the App Pray Focus (the "App") for use as software-as-a-service (as more specifically described in Sec. 3, the "Software").

1.2 By "Customer", "your" or "you" we mean the natural person that is using the Software under these Terms and Conditions. When we refer to "Parties" we mean you and us together.

1.3 The legal relationship between you and us is based exclusively on the agreement concluded between us (the "User Agreement"), which includes these general terms and conditions (the "Terms and Conditions"). In the event of contradictions between the User Agreement and the Terms and Conditions, the provisions of the User Agreement shall prevail.

1.4 If special conditions for individual uses of the Software deviate from these Terms and Conditions, this will be indicated at the appropriate location within the App. In this case, the respective special terms of use shall apply in addition.

1.5 Terms and conditions of you deviating or conflicting with these Terms and Conditions are not accepted by us, unless we have expressly agreed to them. We hereby reject any counter-confirmations by a Customer with reference to its terms and conditions. Individual agreements between the Parties do always prevail.

1.6 The User Agreement language is German. English text elements have information purposes only. We do not store the text of the User Agreement after the User Agreement has been concluded. You have access to the current version of the Terms and Conditions on the Website. The respective version of the Terms and Conditions at the time of conclusion of the User Agreement is provided to you by download.

1.7 We provide you the Software in various languages.

1.8 The software is distributed via the Apple App Store or Google Play Store (the "App store") under the respective terms and conditions.

1.9 The Software is intended for individuals aged 16 or above. By using the Software, you confirm that you are of legal age in your country or have obtained consent from a parent or legal guardian.

2.1 The use of the Software requires the conclusion of a User Agreement between you and us.

2.2 The offers that we present in the App to use the Software do not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum). You select a subscription of the Software (in the indicated version, if applicable) that you wish to purchase against payment. Then, information required for the relevant payment method must be entered. By clicking on the respective button on the booking page, you submit a binding offer to purchase or book the Software as displayed in the booking overview and based on the pricing model shown there. Before submitting a binding offer, you can correct all entries on an ongoing basis. Immediately after submitting the offer, you receive a booking confirmation, which, however, does not yet constitute an acceptance of the contractual offer. The User Agreement between you and us is established as soon as we provide the purchased Software to you or accept your offer in a separate way (e.g. via email or other digital means).

3.1 The Software is an app that nurtures spiritual focus and encourages the formation of daily prayer routines. We operate and maintain the Software on our servers or the servers of a designated service provider. The servers are operated in Germany.

3.2 For the term of the User Agreement, we provide you the Software for use in the agreed scope as software-as-a-service as described below.

3.3 The scope of services with respect to the Software purchased by the Customer is set out in the description on the respective App Store as well as the agreed service levels (Sec. 4), rights of use (Sec. 5) and support services (Sec. 7) (altogether, the "Service").

3.4 We shall only owe you the provision of the functions and features of the Software as described in the service description above as well as the modification of the Software to reflect the current state of technology. Unless expressly agreed otherwise in writing, we do not owe any further services. In particular, we are not obliged to provide installation, setup, consulting, customization or training services, or to create and provide individual programming or additional programs. However, we may provide you with further services (e.g. additional features) upon separate agreement for a separate fee (if applicable).

3.5 We will continuously extend the Software and the Service in the form of patches, updates and upgrades and make improvements provided that they (i) serve technical developments or (ii) appear necessary to prevent misuse. In addition, we are entitled to change the Software and the Service if (i) applicable law requires such changes, (ii) the changes are beneficial to you and (iii) the changes are of a purely technical or procedural nature and have no material impact on you. All other changes are subject to Sec. 17 of these Terms and Conditions.

3.6 You may use the Software only for own personal purposes. Use for commercial, professional or other profit-oriented purposes is not permitted. (the "Authorized User Scope").

3.7 If we store any of your data, we will take state-of-the-art measures to protect your data. However, we shall not be subject to any custodial or safekeeping obligations with regard to your data.

4.1 We make the Software available for use at the router exit of the data center where the server with the Software is located (the "Delivery Point"). You are responsible for the internet connection between you and the Delivery Point as well as the required hardware and software (e.g. computer, network connection).

4.2 The Software is provided subject to the Availability. "Availability" shall be the your ability to use all main functions of the Software.

4.3 The average annual Availability of the Software is 99%. The Availability of the Software at the Delivery Point is decisive. The downtime is determined in full minutes and is calculated based on the sum of the annual Resolution Times (as defined below).

4.4 For the proof of Availability, our measuring points in the data center shall be decisive.

4.5 The following times are not taken into account when calculating Availability:

4.6 We are entitled to interrupt the Availability of the Software for maintenance purposes and due to other technical requirements. Maintenance work will be carried out, to the extent possible, between 22:00 and 4:00. If maintenance work results in an interruption of more than 30 minutes of use of the Software during normal business hours from Monday to Friday (excluding federal holidays) between 9:00 and 18:00, we will announce this maintenance work by email. The announcement will be made at least 24 hours in advance. Upon Customer request, the announced maintenance work can be postponed if this is technically and economically reasonable from our perspective.

4.7 You are obliged to report malfunctions to us without undue delay via email. Malfunction reporting and repair is guaranteed Monday through Friday (excluding federal holidays) between 9:00 and 18:00 ("Service Hours").

4.8 We will remedy serious malfunctions (the use of the Software as a whole or a main function of the Software is not possible) at the latest within 12 hours from receipt of the report of the malfunction by a Customer, provided that the notification is made within the service hours; other significant malfunctions (main or secondary functions of the Software are disrupted but can be used, or other not only insignificant malfunctions) will be remedied within 16 hours at the latest within the service hours (each indicated time frame a "Resolution Time" and, collectively, the "Resolution Times").

4.9 The repair of insignificant malfunctions is subject to our discretion.

5.1 This Section applies exclusively to the granting of rights of use to the Software by us to the Customer; Sec. 6 applies to the granting of rights of use to third parties.

5.2 Subject to payment of the agreed remuneration, we grant you the non-exclusive and non-transferable right to use the Software for the duration of the User Agreement to the agreed extent and in accordance with applicable laws.

5.3 The Software may only be used by you for your own purposes. In particular, you may not use the Software to

5.4 We reserve the right to delete infringing content as well as content with viruses or other harmful components and/or to terminate the Service hereunder.

5.5 You may only copy the Software insofar as this is covered by the intended use of the Software in accordance with the applicable service description. Necessary copying includes loading the Software into the working memory on our server, but not the, even temporary, installation or storage of the Software on data carriers (such as hard disks or similar) of hardware used by you.

5.6 After termination of the User Agreement, the rights of use end automatically without the need for a declaration by us.

6.1 The Software may contain open source software components. The use of these components is subject exclusively to the corresponding terms of use of the open source software components that are transmitted and/or referenced as part of the open source software components. In the event of contradictions or conflicting provisions between the license terms of the open source software and the provisions of these Terms and Conditions, the license terms of the open source software shall prevail.

7.1 We have set up a support service for your inquiries regarding the Services. Requests can be made via the support channels indicated on our website. The requests are processed in the chronological order of their receipt.

8.1 You shall ensure to only use the Software and the Service to the contractually agreed extent. We must be informed immediately of any unauthorized access. We are entitled to block the access to the Software and/or to other services in case of misuse.

8.2 You are solely responsible for the content and data processed within the Software. You are obliged to not use the Software in a way which violates applicable law, official orders, third-party rights or agreements with third parties.

8.3 You must check any data for viruses or other harmful components before storing or using it in the Software and shall use state of the art measures for this purpose (e.g. antivirus programs).

8.4 You shall indemnify us against all claims, disputes, losses, damages, expenses, costs (including court costs and legal fees) and liabilities ("Losses") arising out of or in connection with (i) your use of the Software in breach of these Terms, (ii) any breach by you of any obligation or prohibition set out in Sec. 5.3 or in this Section, or (iii) a claim based on content of the Customer that has been distributed via the Software and has caused damage to a third party.

9.1 The content stored by you on the storage space provided for you may be protected by copyrights. You hereby grant us the right to make such contents accessible to you via the internet and, in particular, to reproduce and transmit such contents for this purpose and to be able to reproduce such contents for the purpose of data backups.

9.2 If and to the extent that, with respect to your contents, a database, databases, a database work or database works are created on our server(s) during the term of the User Agreement, in particular through the compilation of application data or through activities by you permitted under the User Agreement, you shall be entitled to all rights thereto. You shall remain the owner of such databases or database works even after the end of the User Agreement.

9.3 If data loses its personal reference through pseudonymization, we may continue using and storing the application data, insofar as this is legally permissible under applicable data protection laws.

10.1 You shall pay a fee to us for the use of the Software and the Service. The prices and the respective terms of payment shown at the time of the order in the App shall apply. The Operator is not responsible for refunds or billing issues, which are handled exclusively by the App Store under its own terms and conditions.

10.2 We reserve the right to increase the fees for future contract periods. In this case, we will communicate the increase to you in writing at the latest four (4) weeks before the fee increase comes into effect.

10.3 All fees are stated in and are payable in Euros plus applicable VAT.

10.4 Based on the chosen subscription, we will invoice you once or on a weekly, monthly, or annual basis. Payment is due within 14 days of receipt of the invoice.

10.5 Invoices not paid within such period shall accrue interest at the applicable statutory rate. In addition, services may be restricted in the event of default. In the event of a delay in payment of more than 60 days, the operator is entitled to terminate the entire contractual relationship without notice.

10.6 All payments due shall be made by credit card.

10.7 You are not entitled to offset claims against us, unless the claims have been legally established by a binding court decision or have been recognized in writing by us.

11.1 User Agreements on the use of the Software and the Service are concluded for an indefinite period. The User Agreement can be terminated by either Party at the end of the month.

11.2 The right to terminate without notice for good cause remains unaffected. Good cause shall be deemed to exist, in particular, if the other Party materially breaches the obligations set out in these Terms and Conditions, if insolvency proceedings are opened against such Party's assets, or if such Party becomes insolvent or illiquid. Good cause shall also exist if the other Party uses data in a manner that violates the contractually agreed provisions.

11.3 Any termination happens through the App Store.

11.4 In the event of termination of the User Agreement, all rights of use to the Software granted to you shall lapse immediately and you shall cease to use the Software.

12.1 The Software provided by us essentially corresponds to the stated service description. In the case of updates, upgrades or new version releases, warranty claims are limited to the new features of the respective update, upgrade or, respectively, new version release compared to the previous version.

12.2 In principle, the statutory warranty provisions for rental agreements apply. However, the application of Sec. 536a (2) German Civil Code (Bürgerliches Gesetzbuch, BGB) (right of the user to rectify defects themselves) and strict liability in accordance with Sec. 536a (1) German Civil Code (Bürgerliches Gesetzbuch, BGB) for defects that already existed when the User Agreement was concluded are excluded.

12.3 In all other respects, the provisions of service contract law (Sec. 611 et seqq. German Civil Code (Bürgerliches Gesetzbuch, BGB)) shall apply.

12.4 We do not guarantee that your expectations associated with the use of the Service will be realized.

12.5 We do not assume any additional guarantee for the Software without express confirmation.

12.6 Any claims for damages are subject to the limitations set out in Sec. 13 (Liability).

13.1 We are liable to you without limitation in the event of intent, gross negligence and culpable injury to life, body or health. We are also liable without limitation for claims under the Product Liability Act (Produkthaftungsgesetz, ProdHaftG), for guarantees given in writing and for claims due to the absence of warranted characteristics.

13.2 Notwithstanding the preceding paragraph, we shall be liable to you in the event of minor negligent breaches only with respect to material contractual obligations, but, in any case, limited to the damage typically foreseeable at the time of conclusion of the User Agreement. Material contractual obligations are obligations (i) the fulfillment of which is a prerequisite for the proper performance of the User Agreement or the breach of which jeopardizes the purpose of the User Agreement, and (ii) the compliance of which you may regularly rely on. Strict liability pursuant to Section 536a (1) German Civil Code (Bürgerliches Gesetzbuch, BGB) for defects that already existed when the User Agreement was concluded is excluded.

13.3 We are entitled to raise the objection of contributory negligence on your part (e.g. due to a breach of your obligations in accordance with Sec. 8).

13.4 We are only liable for the loss of data up to the amount that would have been incurred if the data had been properly and regularly backed up in order to restore it.

13.5 We assume no liability for damages that arise if you pass on passwords or user IDs to unauthorized persons or if these otherwise reach unauthorized persons without us having any influence on this.

13.6 These liability provisions shall also apply in favor of employees, representatives and corporate bodies of ours.

14.1 If the data and information provided by you contains personal data, we will process it exclusively in accordance with our data privacy policy (https://www.prayfocus.app/privacy-policy).

15.1 The Parties undertake to maintain confidentiality about all Confidential Information that they obtain in connection with the User Agreement and its performance and not to disclose or pass on such information to third parties. "Confidential Information" within the meaning of the preceding sentence shall mean all business, technological, scientific, patent and other internal information of the Parties relating to any business strategies, ideas, intellectual property rights, development, know-how and production of the Parties that has already been disclosed or will be disclosed under the User Agreement. The confidentiality obligation shall not apply to information of a Party,

16.1 For good cause, in particular in the event of changes in statutory law, supreme court rulings, the Software, the Service, or market conditions, we may notify you of an amendment to these Terms and Conditions, indicating the main changes. The amended Terms and Conditions are deemed agreed by you if you have not objected to the amendment within one month after receipt of the notification and we have specifically pointed out this consequence to you in the notification. Changes to the scope of services agreed with you require your express consent, irrespective of the above provisions.

16.2 If you object to an amendment of the Terms and Conditions within the aforementioned period, we are entitled to terminate the User Agreement by the end of the month.

16.3 In addition, in the event of an increase in fees, Sec. 10.2 shall apply.

17.1 Unless you have effectively waived your cancellation right, you can make use of the statutory right of cancellation as :

17.2 CANCELLATION RIGHT

17.3 CONSEQUENCES OF CANCELLATION

18.1 We hereby draw your attention to the online dispute resolution (OS) page of the European Commission with the following link: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in the online dispute resolution procedure.

18.2 We are not obliged and not willing to participate in a dispute resolution procedure under the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG).

18.3 German law shall apply. Any conflict of laws provisions and the United Nations Convention on User Agreements for the International Sale of Goods of 11 April 1980 shall not apply. Notwithstanding the above, consumers residing outside Germany may also have rights under the mandatory consumer protection laws of their country of residence.

18.4 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions or the User Agreement shall be Berlin in Germany, to the extent applicable mandatory law does not provide oetherwise. The place of performance is the registered office of the Operator.

18.5 Should a provision of these Terms and Conditions be or become invalid, contain an invalid deadline provision or a gap, the legal validity of the remaining provisions shall remain unaffected. Insofar as the invalidity does not result from a violation of Sec. 305 et seqq. German Civil Code (Bürgerliches Gesetzbuch, BGB), the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intentions of the Parties. The same applies in the event of a gap. In the event of an invalid term, the legally permissible term shall apply.