Terms & Conditions

1. Scope & acceptance

These Terms & Conditions govern your use of the websites, applications, and services (the "Services") provided by Unbogify GmbH ("we", "us"). By installing, accessing, or using a Service, you agree to these Terms. If you do not agree, do not use the Services.

2. The Services

We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. Features may change, and we may add, modify, or discontinue Services at any time.

3. Eligibility & accounts

You must have legal capacity under the law of your country of residence to use the Services. If a Service requires an account, you are responsible for keeping your credentials secure and for all activity under your account, and you must notify us of any unauthorized use.

4. Acceptable use

You agree not to misuse the Services. In particular, you may not use them unlawfully, infringe the rights of others, reverse engineer them except as permitted by law, interfere with their operation or security, or access them through automated means beyond what we expressly allow.

5. App stores (Apple & Google)

Apps distributed through the Apple App Store or Google Play are also subject to the respective store's terms. The store provider is not a party to these Terms and is not responsible for the apps or for providing support. For apps obtained through the Apple App Store, you acknowledge that: Apple has no obligation to furnish any maintenance or support; should an app fail to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, and to the maximum extent permitted by law Apple has no other warranty obligation; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

6. Payments & subscriptions

Paid features and subscriptions are billed through the platform you purchased them on (e.g. the Apple App Store, Google Play, or our payment provider). Prices, billing cycles, and renewal and cancellation terms are shown at purchase. You manage or cancel subscriptions in your store account; statutory withdrawal rights remain unaffected.

7. Intellectual property

The Services, including all software, content, and trademarks, are owned by us or our licensors and are protected by law. Except for the usage right granted above, no rights are transferred to you. Content you submit remains yours; you grant us the rights needed to operate the Services.

8. Warranty

The Services are provided "as is" and "as available". To the extent permitted by law, we do not warrant that the Services will be uninterrupted, error-free, or fit for a particular purpose beyond what is agreed. Statutory warranty rights for consumers remain unaffected.

9. Limitation of liability

We are liable without limitation for intent and gross negligence, under the German Product Liability Act, and for injury to life, body, or health. For slight negligence we are liable only for the breach of a material contractual obligation — an obligation whose fulfilment is essential to the proper performance of the contract and on which you may regularly rely — and in that case only for the typical, foreseeable damage. Any further liability is excluded.

10. Indemnification

You will indemnify us against third-party claims arising from your unlawful use of the Services or your culpable breach of these Terms.

11. Term & termination

You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms or where required by law. Provisions that by their nature should survive termination remain in effect.

12. Changes to these Terms

We may update these Terms when necessary, for example due to new features or legal requirements. We will make the current version available here; continued use after changes take effect constitutes acceptance, subject to mandatory consumer-protection law.

13. Governing law & jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory consumer-protection provisions of your country of residence remain unaffected. The place of jurisdiction for all disputes is Berlin, Germany, to the extent you are a merchant, a legal entity under public law, or have no general place of jurisdiction in Germany.

14. Dispute resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

15. Severability

If any provision of these Terms is or becomes invalid, the remaining provisions stay in effect.

Contact

Questions about these Terms: legal@nightlybuildgroup.com.