Terms of use (V1) - Pet Age Calculator

Update: 27 January 2022

  1. General

Users accept these Terms of Use (the “Terms”) as the contractual basis for the use of the app provided (Android and iOS platforms). These terms and conditions do not constitute an amendment and/or supplement to any underlying contracts.

Motecso OG is unilaterally free to change the App at any time, to discontinue it generally or individually and/or to offer it as a paid service under other conditions. Motecso OG may block access to the app at any time, in particular if the user violates the terms of use.

The scope of functions of the app can be found in the app description in the respective stores.

  1. Prerequisites for the use of the app

All persons who have obtained this app via the Google Play Store or Apple App Store are entitled to use the app.

The use of the app requires the acceptance of these terms of use, the privacy policy and the registration of the user.

  1. Login and registration

The user must download the app from the app download centre of the respective app store (Google Play Store or Apple App Store) to his/her end device and install it there.

Motecso OG accepts no liability for the functionality of the app or any damage if the app is downloaded from another download source.

  1. Costs – Use of the App

4.1.  General

The app can be used by the user free of charge until revoked.

Use of the app requires a compatible device (tablet or smartphone) and Internet access. Regular updates are required in order to be able to use the app to its full extent at all times. The quality or performance of the app may depend on the following factors: Operating system, hardware, internet connection.

Sometimes there may be maintenance breaks during which the app cannot be used to its full extent. These maintenance breaks are kept as short as possible.

Database backups are made regularly. If the user deletes his/her account, it will only be deleted from the backups after 6 months. During this period, however, the data will not be analysed or processed.

  1. Materials and services from third parties

Certain content, products and services available through the App may include materials from third parties (e.g. advertising from Admob).

Motecso OG is not responsible for investigating or evaluating the content or accuracy.

Similarly, Motecso OG is not responsible or liable for, and does not guarantee, any third party websites / products / other materials.

Motecso OG is not liable for loss of data. If possible, a restoration will be initiated with the help of a backup.

  1. Duties of the user

The app may only be used by the user. The user is obliged to take all reasonable precautions to protect his/her terminal device from unauthorised access and to keep his/her password secret.

The user is required to provide correct and complete information in order to be able to make full use of the app.

The user is obliged to install the software updates offered by Motecso OG.

  1. Liability of the user

In the event of intentional or grossly negligent breach of the duty of care by the user or in the event of misuse of the app, the user shall be liable in full for the damage incurred.

  1. Warranty/Liability Motecso OG

As the App and the associated information, software and documentation are provided free of charge, liability for material defects and defects of title of the App, information, software and documentation, in particular for their correctness, freedom from errors, freedom from third-party property rights and copyrights, completeness and/or usability – except in the case of intent or fraudulent intent – is excluded.

In all other respects Motecso OG shall only pay compensation for damage caused intentionally or by gross negligence. Liability for slight negligence is excluded. The limitation of liability shall not apply to personal injury. Motecso OG does not guarantee the uninterrupted availability of the app.

The app in general and its range of functions only represent an aid / recommendation. The user is responsible and therefore obliged to check any recommendations of the app independently. All information is without guarantee!

  1. Term and termination of the contract

The user contract for the app is concluded for an indefinite period. The right of use ends automatically with the deletion of the app, or through the closure of the app operation. The user can terminate the usage contract at any time by deleting the app.

  1. Data protection

The data protection declaration can be found in the app, in the app stores or on the website under the following link:

https://www.motecso.com/en/app/petagecalculator/privacy-policy/

  1. Copyright / rights of use of the app

The app and the content provided are protected by copyright. The user is entitled to use the app and the content provided in the intended manner only in accordance with these terms of use. Motecso OG hereby grants the user a simple, spatially non-restricted and non-transferable right of use to the extent necessary to use the app. The right of use is limited to the term of the user agreement. Any use beyond this without the express prior written consent of Motecso OG is prohibited.

  1. Choice of law, place of jurisdiction

Austrian law shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods and any conflict-of-law provisions. The competent court for 1010 Vienna, Austria, shall have jurisdiction over any disputes. For actions against and by consumers within the meaning of the KSchG, the place of jurisdiction shall be the consumer’s domicile, habitual residence or place of employment in Austria.

Information according to media law:

Motecso OG (FN 517680 w).

1150 Vienna, Stutterheimstra├če 16-18/2/Top 24f

Object of the company: IT services27