Last updated: April 21, 2021
These Terms of Use (“Terms”, “Terms of Use”) govern your relationship with VISITK mobile application (the “Service”) operated by Primelephants GmbH (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our VISITK mobile application (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

You’re not allowed to copy, or modify the Service, any part of the Service, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Service, and you also shouldn’t try to translate the Service into other programming languages, or make derivative versions. The Service itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Primelephants GmbH.

Primelephants GmbH is committed to ensuring that the Service is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Service or to charge for its services, at any time and for any reason. We will never charge you for the Service without making it very clear to you exactly what you’re paying for.

The VISITK stores and processes personal data on the mobile device on which you have installed it. It’s your responsibility to keep your phone and access to the Service secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the VISITK won’t work properly or at all.

The Service does use third party services that declare their own Terms of Use.

Link to Terms and Conditions of third party service providers used by the app Google Play Services
Liability
You should be aware that there are certain things that Primelephants GmbH will not take responsibility for. Certain functions of the Service will require the Service to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Primelephants GmbH cannot take responsibility for the Service not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the Service outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Service, or other third party charges. In using the Service, you’re accepting responsibility for any such charges, including roaming data charges if you use the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Service, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Primelephants GmbH cannot take responsibility for the way you use the Service i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Primelephants GmbH cannot accept responsibility.

With respect to Primelephants GmbH’s responsibility for your use of the Service, when you’re using the Service, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Primelephants GmbH accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Service.

At some point, we may wish to update the Service. The Service is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the Service to) may change, and you’ll need to download the updates if you want to keep using the Service. Primelephants GmbH does not promise that it will always update the Service so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the Service, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Service, and (if needed) delete it from your device.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRIMELEPHANTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

PRIMELEPHANTS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRIMELEPHANTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRIMELEPHANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PRIMELEPHANTS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PRIMELEPHANTS IN THE LAST YEAR, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU AND ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE APPLICABLE STATE. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

SUBSCRIPTIONS
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). If you subscribe to “Premium Subscription” then you will be billed 29,99$ (the price may vary depending on your country and taxes) in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Primelephants GmbH cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Primelephants GmbH customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide to the Payment Providers acting on behalf of Primelephants GmbH with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Payment Providers acting on behalf of Primelephants GmbH to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Primelephants GmbH will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

FREE VERSION
Primelephants GmbH may, at its sole discretion, offer a version of the Service free of charge. This version of the Service may offer limited functionality.

At any time and without notice, Primelephants GmbH reserves the right to (i) modify the terms and conditions of the Free Version offer, or (ii) cancel such Free Version offer.

FEE CHANGES
Primelephants GmbH, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the the current Billing Cycle.

Primelephants GmbH will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS
Certain refund requests for Subscriptions may be considered by Primelephants GmbH on a case-by-case basis and granted in sole discretion of Primelephants GmbH.

CONTENT
Our Service allows you to create, store, share and otherwise make available certain information, text, graphics or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

REGISTRATION
The Service doesn’t require you to register.

INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Primelephants GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both the and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Primelephants GmbH.

LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Primelephants GmbH.

Primelephants GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Primelephants GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2021-04-29

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US
If you have any questions about these Terms, please contact us at info@visitk.de.