§ 1 Scope and contracting party
(1) These general terms and conditions (T&Cs) apply to the use of the app Pets Are Family (the “app”) on iOS and Android devices.
(2) The provider of the app and contracting party for free use is:
- Provider
- Matthias Vierling, trading as VieMa Digital
- Address
- Matthias Vierling
Gottessegen 3
98693 Ilmenau
Germany - matthias@viema.digital
- VAT ID
- DE347497261
(3) The app is aimed at consumers within the meaning of § 13 of the German Civil Code (BGB) for private use.
(4) Deviating terms of users do not apply.
§ 2 Description of services
(1) Pets Are Family is an app that lets families bring their pets together in one private place. Pet profiles, shared moments, memories, events, health information, photos and documents find their place there. People can optionally be added as family members without creating user accounts.
(2) Data is stored locally on the respective device first, in an encrypted database, and is available offline. A user account is not required.
(3) With family sharing, up to five devices can be connected by QR code to form a shared family vault. Synchronisation is end-to-end encrypted.
(4) Complete local backups can be exported at any time and optionally protected with a password.
(5) With Premium, illustrated avatars can be created from a photo using artificial intelligence. To do so, the selected photo is transmitted to a server for processing (see the app privacy policy). A quota may apply to creation. The provider does not owe any particular artistic result.
(6) The basic functions of the app are free to use. Premium unlocks additional functions, currently an unlimited number of pets (the free plan allows one pet) and the creation of AI avatars (12 creations once, no monthly quota). Which functions are free and which are only available with Premium is also shown in the app and in the respective app store before a subscription is purchased.
§ 3 Limits of the app
The app is intended as an organisational tool. It does not replace a veterinary examination, diagnosis or advice. Users are themselves responsible for the accuracy and completeness of the health information they enter.
§ 5 Right of withdrawal
Withdrawal information (applies to the free usage contract)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, inform us (Matthias Vierling, Gottessegen 3, 98693 Ilmenau, Germany, matthias@viema.digital) by means of a clear statement. To meet the withdrawal deadline, it is sufficient to send the notification in time.
Consequences of withdrawal: For the free usage contract there are no refund claims because no payment was made.
For Premium subscriptions, the withdrawal and refund rules of the respective store and the statutory provisions apply. The store shows the relevant information before the purchase.
§ 6 User obligations
(1) The app is intended for private, non-commercial use.
(2) Users may not store content that infringes the rights of third parties. People should only be added with their name and picture with their consent.
(3) Users are themselves responsible for regularly backing up their data. The local backup export is available for this.
(4) QR codes for connecting devices should only be shared with trusted people.
(5) The app may not be decompiled or otherwise reverse-engineered, unless mandatory law permits this.
§ 7 Rights of use
(1) The provider grants a simple, non-transferable right to use the app privately within the terms of the respective platform.
(2) The rights in the content that users create in the app remain with the users or the people depicted. The provider claims no rights to it. It only receives the narrowly limited rights of use that are technically necessary to carry out the functions the user triggers (storage, synchronisation, creation of avatars).
§ 9 Liability
(1) The provider is liable without limitation for damage resulting from injury to life, body or health, and for damage caused intentionally or by gross negligence.
(2) In the event of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
(3) In particular, the provider is not liable for data loss resulting from the users’ failure to back up their data, or for the loss, theft or defect of a device without a current backup. This does not apply to data loss caused by errors in the app itself.
(4) Liability under the German Product Liability Act and for assumed guarantees remains unaffected.
§ 10 Availability
Content stored in the app is available offline. Server-based functions such as the creation of AI avatars, the purchase of Premium and synchronisation between connected devices require an internet connection. The provider endeavours to keep these functions highly available but gives no guarantee of uninterrupted availability. Statutory consumer rights in case of defects of digital products remain unaffected.
§ 11 Changes to the app and to these terms
(1) The provider may further develop the app and add functions. It may change or discontinue functions only for a compelling reason, for example technical development, security reasons, a change in the legal situation or the discontinuation of a service used, and without additional costs for the user.
(2) For changes that impair access to or use of the app by more than a minor degree, the provider will inform users in good time in advance in the app and, for Premium subscriptions, where possible additionally via the store. In that case the user can cancel the contract free of charge within 30 days of the information, for Premium at the end of the current billing period.
(3) Changes to these terms only take effect if the user expressly agrees to them in the app. Without agreement, the previous terms continue to apply.
§ 12 Term and termination
(1) The free usage contract runs for an indefinite period and can be ended at any time by uninstalling the app.
(2) Premium runs for the chosen billing period and renews automatically unless it is cancelled in good time through the respective store.
(3) Before ending the contract, users can back up their data via the backup export.
§ 13 Data protection
The processing of personal data is governed by the app privacy policy.
§ 14 Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany applies. For consumers, this only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of their country of residence.
(2) To the extent legally permissible, the place of jurisdiction is Ilmenau.
(3) The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
§ 15 Final provisions
(1) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take their place.
(2) The contract language is German. This English version is provided for convenience; in case of doubt the German version prevails.
Model withdrawal form
(If you want to withdraw from the contract, please complete this form and send it back.)
- To: Matthias Vierling, Gottessegen 3, 98693 Ilmenau, Germany, email: matthias@viema.digital
- I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if notified on paper)
- Date
(*) Delete as appropriate.