ListifyTERMS AND CONDITIONS
1. SCOPE AND PROVIDER
These Terms and Conditions (“Terms”) apply to the use of the mobile application Listify (“App”) and the related features and services.
The provider of the App is:
Marcus Kailbach
Burgstr. 32
50181 Bedburg
Germany
Email: mk.devapp@proton.me
Phone: +49 160 5561734
Any deviating or supplementary terms of the user shall apply only if their applicability has been expressly agreed to.
2. SCOPE OF LISTIFY SERVICES
Listify is intended for creating and managing lists, in particular task lists, idea lists and shopping lists, as well as other related organizational features.
To the extent offered, the App may also be used locally without a user account. Certain features, in particular synchronization, collaboration or use across multiple devices, may require a user account, an Apple ID, iCloud or other services provided by Apple.
The specific scope of features may depend on the App version used, the device, the operating system, the availability of Apple services, and whether the free version or Listify Plus is used.
3. USER ACCOUNT AND ACCESS
Where a user account is required for individual features, the information provided during registration must be truthful and kept up to date. Access credentials must not be disclosed to unauthorized third parties.
The user is responsible for adequately protecting their device and access options against unauthorized access. If there are indications of unauthorized use, the provider should be informed without undue delay.
If the App is used without an account, content stored exclusively locally may be lost if the App is deleted, the device is reset, or local data is lost, unless another backup or synchronization method exists.
4. LISTIFY PLUS AND SUBSCRIPTIONS
Certain features may be offered as part of a paid subscription (“Listify Plus”). Available subscription periods, prices, trial periods and the specific scope of services are displayed in the App or in the App Store before the subscription is purchased.
A subscription purchased through the App Store automatically renews for the period indicated unless it is canceled in due time through the Apple ID subscription management. The App Store terms also apply to billing, renewal, cancellation and payment processing.
If a free trial period is offered, it will convert into the selected paid subscription after the trial period ends unless the subscription is canceled beforehand in accordance with the conditions displayed in the App Store.
A cancellation generally takes effect at the end of the billing period already paid for. Statutory rights to extraordinary termination remain unaffected.
5. PAYMENTS, WITHDRAWAL AND REFUNDS
Paid services offered through the App Store are charged to the payment method stored by the user with Apple. The prices and conditions displayed in the App Store at the time of purchase shall apply.
Mandatory statutory consumer rights, in particular rights relating to digital products, defects, termination of contract, price reduction or damages, remain unaffected.
For withdrawal and refunds relating to purchases processed through the App Store, the applicable statutory requirements and the procedures and conditions provided by Apple also apply. These Terms do not exclude any statutory claims for reimbursement or repayment.
6. USER CONTENT AND SHARED LISTS
Users may store their own content within the App or, where the relevant feature is offered, share it with other users. This may include, in particular, text, tasks, list entries, images, files and other content entered or uploaded by the user.
Rights to such content generally remain with the respective user or rights holder. The user grants the provider only those rights that are technically necessary to provide the features selected by the user, for example to store, synchronize, transmit, display or share content with persons expressly selected by the user.
These Terms do not authorize the use of user content for advertising purposes, the sale of such content or any other commercial exploitation beyond what is necessary to provide the selected features.
The user may only enter or share content that they are entitled to use and disclose. Unlawful content or content that infringes the rights of third parties is prohibited.
7. PERMITTED USE
The App may only be used in accordance with applicable law and for its intended features. In particular, the following are prohibited:
- attempting to circumvent or impair security mechanisms of the App or connected services;
- unauthorized access to accounts, data or systems of other users or the provider;
- distributing malware or other technically harmful content;
- using the App to infringe copyrights, personality rights or other rights of third parties;
- misuse that materially impairs the proper functioning of the App or connected services.
8. RIGHTS IN THE APP
The App, its source code, design, graphics, trademarks, logos and other content provided by the provider are protected in accordance with applicable law.
For the duration of permitted use, the user is granted a simple, non-exclusive and non-transferable right to use the App for their own purposes within its intended scope. No further rights are granted.
Where Apple’s Standard End User License Agreement (Standard EULA) applies to the App, it shall apply in addition to these Terms.
9. AVAILABILITY, UPDATES AND CHANGES
The provider endeavors to make the App available reliably. However, uninterrupted or error-free availability at all times cannot be guaranteed, in particular in the event of maintenance, technical disruptions or failures of third-party services.
Necessary updates, in particular security updates and bug fixes, may be provided. Users should install available updates within a reasonable period of time.
For digital services provided on an ongoing basis, features may be changed or further developed where there is an objective reason, for example to improve security or stability, to adapt to technical or legal requirements, to prevent misuse or to further develop the App. Changes will be made without additional cost unless expressly agreed otherwise.
If a change impairs access to or use of a paid digital service to more than an insignificant extent, the statutory information and termination rights of consumers shall apply.
10. DATA PROTECTION
Information on the processing of personal data, the respective legal bases and the rights of data subjects is set out in Listify’s Privacy Policy:
The Privacy Policy does not constitute blanket consent to all data processing. Where consent is required, it will be obtained separately.
11. LIABILITY AND STATUTORY RIGHTS IN THE EVENT OF DEFECTS
The provider shall have unlimited liability in cases of intent and gross negligence as well as for damage resulting from injury to life, body or health. Liability under mandatory statutory provisions, in particular the German Product Liability Act, and liability arising from expressly assumed guarantees also remain unaffected.
In the event of a slightly negligent breach of a material contractual obligation, the provider shall only be liable for damage that is typical for the contract and foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the user may regularly rely.
In all other respects, liability for damage caused by slight negligence is excluded to the extent permitted by law.
The statutory rights of consumers in relation to defective digital products remain unaffected.
12. TERM, RESTRICTION AND TERMINATION
Use of the free App may generally be discontinued at any time. A user account may be terminated through the account deletion feature provided for this purpose, where such a feature is offered.
Paid App Store subscriptions must be canceled through Apple’s subscription management.
In the event of serious or repeated violations of these Terms or applicable law, the provider may temporarily restrict access to individual online features or terminate a user account. Where possible and reasonable, the user will first be notified and given an opportunity to remedy the violation. This does not apply where immediate action is required for security reasons, to prevent misuse or to comply with legal obligations.
Statutory rights of termination, withdrawal and cancellation remain unaffected.
13. GOVERNING LAW AND JURISDICTION
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If the user is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected insofar as they cannot be derogated from by choice of law under the applicable conflict-of-law rules.
For consumers, the statutory places of jurisdiction shall apply.
If the user is a merchant, a legal entity under public law or a special fund under public law, the provider’s registered place of business shall, to the extent permitted by law, be the place of jurisdiction for disputes arising out of or in connection with these Terms.
14. CONSUMER DISPUTE RESOLUTION
The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. CHANGES TO THESE TERMS
These Terms may be amended where there is an objective reason for doing so, in particular due to changes in statutory requirements, technical developments or changes to the services offered.
Changes that materially affect an existing contractual relationship to the detriment of the user will only be made within the limits of applicable law. Mandatory statutory rights of users remain unaffected.
16. FINAL PROVISIONS
If individual provisions of these Terms are or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The applicable statutory provisions shall take the place of invalid provisions.
For features provided through third-party services, in particular the Apple App Store or iCloud, the terms of the respective third-party provider may additionally apply.
17. CONTACT
For questions regarding these Terms or the use of Listify:
Marcus Kailbach
Burgstr. 32
50181 Bedburg
Germany
Email: mk.devapp@proton.me
Phone: +49 160 5561734