General Terms and Conditions (GTC) for the use of the Lani App
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Scope of application
- These General Terms and Conditions (GTC) apply to the use of the mobile application ‘Lani’ (hereinafter referred to as the ‘App’), which is operated by Lani UG (haftungsbeschränkt) with registered office in [address, postcode, city, Germany] (hereinafter referred to as the ‘Provider’ or ‘we’).
- These GTC apply to all users of the app (hereinafter referred to as ‘users’). Deviating, conflicting or supplementary terms and conditions of the User shall not become part of the contract unless their validity is expressly agreed.
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Subject matter of the contract
- The app offers users the opportunity to generate personalised bedtime stories. For this purpose, users can make entries via the app, which are processed by the app and converted into stories.
- Use of the app is only possible after prior registration and agreement to these GTC.
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Registration and user account
- In order to use the app, the user must create a user account. Registration takes place using the login methods provided (Apple, Google or email + OTP).
- The user is obliged to provide truthful information when registering and to update this information immediately in the event of changes.
- The user is responsible for keeping their access data confidential and undertakes not to pass it on to third parties.
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Use of the app
- The user may only use the app within the framework of the applicable laws and these GTC.
- The provider reserves the right to change, expand or discontinue the content or functions of the app at any time.
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Rights to the generated content
- By using the app and generating stories, the user transfers all rights to the generated stories to the provider. The provider receives the exclusive right, unlimited in time, space and content, to use, reproduce, distribute and edit the stories in any conceivable form.
- The user declares and guarantees that his entries and the stories generated thereby do not infringe any third-party rights, including but not limited to copyrights, trademark rights or patent rights. Should the user's submissions infringe such third-party rights, the provider accepts no responsibility and reserves the right to delete or restrict the use of such content.
- The transfer of rights does not apply to content that infringes the property rights of third parties. The user is not entitled to any remuneration or other compensation for the transfer of rights.
- The provider is authorised to use the generated stories without naming the author, unless these stories infringe the rights of third parties.
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Liability
- The provider is liable without limitation for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty.
- The provider shall only be liable for other damages in cases of intent and gross negligence. In the case of slight negligence, the provider shall only be liable if essential contractual obligations (cardinal obligations) are breached.
- Liability for data loss is limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved.
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Term and cancellation
- The user contract is concluded for an indefinite period and can be cancelled by either party at any time without giving reasons.
- The provider reserves the right to block or delete the user account of a user in the event of a breach of these GTC or statutory provisions.
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Data protection
- Information on data protection is contained in the app's privacy policy, which is also part of these GTC.
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Amendment of the GTC
- The provider reserves the right to amend these GTC at any time with effect for the future.
- The user will be informed of changes to the GTC in good time by email or in the app. If the user does not object to the changes within four weeks of receipt of the notification of change, the changes shall be deemed to have been accepted.
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Final provisions
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- Should any provision of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a substitute provision which corresponds or at least comes close to the purpose of the provision and which the parties would have agreed in order to achieve the same economic result if they had been aware of the invalidity of the provision.
- The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the provider, provided that the user is a merchant, a legal entity under public law or a special fund under public law.