Terms and Conditions
§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter: "GTC") govern the contractual relationship between the user of the mobile application "Libra" (hereinafter: "App") as well as the web platform and GreenBitAI GmbH, Waldhornweg 27a, 14480 Potsdam, represented by Managing Director Dr. Haojin Yang, Email: info@greenbit.ai, (hereinafter: "Provider").
(2) The App is made available for download and use via third-party platforms – in particular the Apple App Store (operated by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA) and the Google Play Store (operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). The respective usage contract for the App is concluded directly between the Provider and the User. Apple Inc. and Google LLC are not contractual parties with regard to the use of the App.
(3) These GTC apply to both consumers within the meaning of § 13 German Civil Code (BGB) and entrepreneurs within the meaning of § 14 BGB. Insofar as no express differentiation is made below between consumer and entrepreneur status, the provisions apply equally to both groups. For certain legally prescribed rights and obligations – particularly in connection with withdrawal, warranty, information obligations and contract termination – supplementary provisions in favor of consumers apply, which are expressly referenced in the respective context.
(4) Deviating, conflicting or supplementary general terms and conditions of the User shall not become part of the contract unless their validity is expressly agreed to in writing by the Provider. Mere failure to reject such conditions shall not be deemed consent.
(5) The Provider ensures that the text of these GTC is made available to the User in reproducible and storable form before conclusion of the contract, and guarantees effective incorporation in accordance with §§ 305 et seq. BGB in conjunction with § 312i(1) sentence 1 no. 5 BGB as well as – where applicable – Art. 246a § 1(1) EGBGB.
§ 2 Subject Matter and Services
(1) The subject matter of this contract is the paid or free use of the mobile application "Libra" (hereinafter: "App") on mobile devices with the iOS or Android operating system as well as access to digital content and functions contained therein, as specifically described in the respective product description in the Apple App Store or Google Play Store. The App is generally provided via the Apple App Store and, where applicable, Google Play Store platforms. Additionally, the App may also be downloaded directly via the Provider's website, provided the Provider offers this distribution channel. Alternatively, use of the App may also occur by concluding a usage contract via the Provider's web platform. In this case, the User registers via the website and receives access to the App there as well as to accompanying functions such as subscription management, license overview and payment information. Direct download in this case occurs via a secure connection in the respective current version. Use of the App also requires prior consent to these terms of use as well as to the End User License Agreement (EULA) and privacy information.
(2) After successful download and installation of the App on their device, the User receives access to the basic version of the App. Use of this basic version may be either free of charge or against one-time or recurring payments. Within the App, additional digital content, extended functions or modules may be unlocked against separate remuneration (in-app purchases or subscriptions). These extended services are clearly marked as chargeable and are only made available after express ordering and confirmation by the User.
(3) The Provider is entitled to update, adapt or further develop the scope, content and technical requirements of the App as well as individual functions at any time while observing the legitimate interests of Users, provided that essential contractual obligations are not thereby impaired. This concerns in particular function adaptations due to technical developments, security-relevant aspects or regulatory requirements.
(4) Use of the App requires a functional mobile device as well as an internet connection. The User is responsible for providing these prerequisites themselves. The User bears the connection or data transfer costs resulting from use.
(5) The App contains individual functions based on artificial intelligence (AI) procedures. These functions serve in particular for the analysis, conversion or generation of content based on user input. The respective results are generated automatically, are not based on human decisions and are not substantively binding. The Provider points out that AI-generated content may be erroneous, incomplete or inappropriate. No substantive review by the Provider takes place. The User is obligated to review such content on their own responsibility and not to adopt or pass on unchecked content. Furthermore, the App may contain functions where AI is used for interaction or control, such as for voice or text input. In these cases too, processing occurs automatically and without human influence. Permanent storage of the interaction is not intended unless this is necessary for contract fulfillment or occurs at the express request of the User.
§ 3 Contract Formation
(1) The contract for use of the App is concluded – depending on the distribution platform – according to the respectively applicable guidelines of the Apple App Store or Google Play Store between the Provider and the User. By clicking the "Install," "Buy" or comparable button within the App Store or web interface, the User makes a legally binding offer to conclude a contract for use of the App. Contract conclusion occurs with confirmation of the order and provision of the App by the respective platform operator on behalf of the Provider.
(2) In addition to acquiring the App via the respective distribution platform, express consent of the User to these GTC is required for complete conclusion of the usage contract. This generally occurs within the framework of initial startup of the App through active confirmation within the App interface. Use of the App is not permitted without consent to these GTC.
(3) For in-app purchases and subscribable additional functions, the respective contract conclusion occurs in accordance with the payment and contract terms of the respective platform operator. These contracts are also concluded exclusively between the Provider and the User, whereby Apple Inc. or Google LLC act merely as intermediaries or processors of the payment transaction.
(4) The User warrants with the order that they have legal capacity at the time of contract conclusion and that no legal usage obstacles exist. Insofar as the User creates a web-based account, the terms of use and privacy information of the web platform apply additionally. The access data are identical to those for use of the App.
§ 4 Usage Rights
(1) The Provider grants the User a simple, non-transferable, non-sublicensable usage right to the App and the digital content provided therethrough – including any AI-generated outputs or personalized content – limited to the duration of the contractual relationship. This encompasses exclusively the intended use of the App on a mobile device linked to a user account of the respective App Store.
(2) The App as well as all content, including texts, graphics, software elements, audio content, video content, algorithmic outputs and possibly generated recommendations or results, are legally protected, in particular by copyright, related rights, trademark or database rights. Reproduction, public accessibility, transmission to third parties or editing is prohibited unless permitted by mandatory legal provisions or express contractual regulation.
(3) The User is not entitled to circumvent, manipulate or deactivate technical measures or protective mechanisms of the App. It is likewise prohibited to automatically read out functions of the App, in particular through use of bots, crawlers or comparable mechanisms, unless this is expressly approved in writing by the Provider.
(4) The granting of usage rights is subject to the suspensive condition of complete payment of the owed remuneration, insofar as use of the App or individual content occurs for a fee.
(5) Insofar as the App offers functions for individual generation of content by the User (e.g., through AI-generated texts, voice content or images), the copyright usage rights to such outputs remain with the Provider, insofar as these are not superseded by legally non-excludable rights of the User. The User receives a simple, non-exclusive usage right for their own use within the framework of App functionality.
§ 5 Prices, Payment Processing, In-App Purchases and Subscriptions
(1) The App can be used both in a free version and in a paid version (Premium version). Furthermore, additional content, functions or usage periods can be acquired within the App against separate remuneration (in-app purchases or subscriptions). The respectively valid prices are displayed to the User clearly, transparently and in euros immediately before conclusion of the respective payment transaction, including any statutory value-added tax.
(2) Processing of all payments occurs exclusively via the respective App Store (Apple App Store or Google Play Store) in accordance with the usage, payment and contract terms applicable there or – when using via the web platform – via the payment service provider Stripe Payments Europe Ltd. according to the payment terms applicable there. The Provider has no access to payment processing itself. The terms of the respective platform operator apply additionally, in particular regarding invoicing, payment modalities, cancellation and refund.
(3) Upon conclusion of a subscription, the User commits to payment of the agreed periodic fees (e.g., monthly or annually). Unless otherwise stated, a subscription automatically extends for the originally agreed term unless it is cancelled in due time before expiry of the current billing period within the App Store.
(4) The User can view and cancel all active subscriptions at any time within their user account in the respective App Store. Cancellation to the Provider itself is not necessary and not intended. The User is expressly informed of this cancellation option before conclusion of a subscription.
(5) In case of payment default or chargeback by the App Store, the Provider is entitled to temporarily block access to paid content. The Provider will give the User an opportunity to comment beforehand unless extraordinary circumstances require immediate action.
§ 6 Right of Withdrawal for Consumers
(1) Insofar as the User is a consumer within the meaning of § 13 BGB, they have a statutory right of withdrawal according to § 355 BGB for paid contractual relationships. The withdrawal period is fourteen days from the day of contract conclusion.
(2) To exercise the right of withdrawal, the User must inform the Provider by means of an unambiguous declaration (for example by email or via a withdrawal function provided within the App or App Store) of their decision to withdraw from the contract. To meet the deadline, it is sufficient that the User sends the notification of exercise of the right of withdrawal before expiry of the withdrawal period.
(3) The User may use the following statutory model withdrawal form, which is however not prescribed:
"I hereby withdraw from the contract concluded by me for the paid use of the App Libra
Ordered on: [Date]
Name of consumer: [Name]
Address of consumer: [Address]
Signature (only for notification on paper)
Date"
(4) If the User has requested that use of the App or individual paid functions should begin during the withdrawal period, they must pay the Provider in case of withdrawal the appropriate amount corresponding to the proportion of services provided until receipt of the withdrawal declaration in relation to the total scope of contractually intended services (§ 357(8) BGB).
(5) The right of withdrawal expires prematurely according to § 356(5) BGB if the Provider has begun execution of the contract after the User has
- expressly consented that the Provider begins execution of the contract before expiry of the withdrawal period, and
- confirmed their knowledge that they lose their right of withdrawal through their consent with beginning of contract execution.
These declarations are made through separate, non-preselected selection fields (checkboxes) within the framework of the ordering process or in-app order. The declarations are requested in clear and comprehensible language immediately before contract conclusion.
(6) Insofar as the User was not properly instructed about their right of withdrawal, the withdrawal period extends by twelve months according to § 356(3) sentence 2 BGB.
§ 7 User Obligations
(1) The User undertakes to comply with all applicable legal provisions as well as the provisions of these GTC when using the App. In particular, it is prohibited to distribute illegal, discriminatory, insulting, immoral or other content via the App that violates the rights of third parties – in particular copyrights, trademark rights or personal rights.
(2) The User is obligated to treat any access data confidentially and not to pass them on to third parties. They bear responsibility for all actions that occur using their access data, unless they prove that no breach of duty is attributable to them.
(3) The User further undertakes not to use the App abusively, in particular not to circumvent license restrictions, to impair the availability or security of the system, to deliberately burden the infrastructure (e.g., through mass access) or to extract algorithmically generated content for commercial purposes, unless this is expressly approved by the Provider.
(4) The User is obligated to provide truthful, complete and current information to the Provider insofar as this is necessary for use of the App, in particular for paid services.
§ 8 Blocking and Termination
(1) The Provider is entitled to temporarily or permanently block the User's access to paid or free functions of the App if concrete indications exist of a violation of these GTC, applicable law or legitimate interests of third parties. Blocking occurs in consideration of the principle of proportionality and after prior hearing of the User, unless special circumstances require immediate action.
(2) The User may terminate the contractual relationship regarding use of the App at any time without observing a notice period by uninstalling the App from their device and – for paid services – ending the subscription via the respective App Store. Termination of a current paid subscription via other means (e.g., by email) is excluded. For paid subscriptions concluded via the App that provide for term extension, the Provider provides according to § 312k BGB an always accessible, easily findable and clearly labeled button for cancellation ("Cancel Contract"). The button is located on the same digital level as the information on contract conclusion and is usable without prior registration. The cancellation process occurs in two consecutive steps and concludes with a confirmation page. Immediately after sending the cancellation, the User receives electronic confirmation of receipt of the cancellation declaration. If provision or function of this cancellation button does not occur according to legal requirements, the User may cancel the relevant contract at any time and without observing a notice period (§ 312k(6) BGB).
(3) The Provider may ordinarily terminate the usage relationship with 14 days' notice, provided no current paid subscriptions are affected or these end simultaneously with expiry of the notice period.
(4) The right of both parties to extraordinary termination without notice for important cause remains unaffected. Important cause exists in particular if the User persistently violates essential contractual obligations or if the Provider is obligated to discontinue the App for legal or regulatory reasons.
§ 9 Data Protection
(1) Processing of personal data in connection with use of this App occurs exclusively in observance of applicable data protection provisions, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) as well as – where applicable – the Telecommunications-Telemedia Data Protection Act (TTDSG).
(2) Type, scope, purposes and legal bases of data processing result from the respectively current version of the privacy policy, which is made available to the User in easily accessible form within the App interface before initial use of the App. The privacy policy is retrievable via the App at any time and can be saved as well as printed.
(3) The Provider processes in particular technical data (e.g., IP address, device identifiers, usage behavior), registration data (if collected), as well as when using certain App functions possibly content data, inputs or interactions of the User. Processing serves among other things for provision of the App, processing of in-app purchases, security, error analysis as well as improvement of functionality and user-friendliness.
(4) Insofar as processing is based on consent of the User (e.g., for analysis or marketing purposes, push notifications or location-based services), this occurs on the basis of Art. 6(1)(a) GDPR. Consent may be revoked at any time with effect for the future without thereby affecting the lawfulness of processing that occurred until revocation.
(5) The Provider possibly uses service providers with headquarters in the EU or in third countries for processing personal data. Insofar as transmission to a third country occurs, the Provider ensures an appropriate data protection level within the meaning of Art. 44 et seq. GDPR through suitable guarantees (in particular EU Standard Contractual Clauses).
§ 10 Availability and Technical Requirements
(1) The Provider strives to keep the App permanently available. However, availability at all times and without interruption cannot be guaranteed, in particular not during maintenance work, security measures or disruptions of communication networks for which the Provider is not responsible. The Provider ensures an average annual availability of 97%, based on the respective calendar year period.
(2) Prerequisite for use of the App is an internet-capable device with the iOS or Android operating system in a respectively supported version as well as a user account in the Apple App Store or Google Play Store. The User is obligated to perform regular updates of the App and operating system to ensure proper function.
(3) The Provider assumes no liability for function failures attributable to unsupported device configurations, system incompatibilities, omitted updates, defective internet connection or third-party interference.
(4) The Provider reserves the right to change technical requirements insofar as this is necessary for compelling reasons (e.g., security, technical development, regulatory requirements) and is reasonable for the User. Such changes will be announced in due time within the App or in the Store.
§ 11 Liability
(1) The Provider has unlimited liability for damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents, as well as for injury to life, body or health.
(2) For simple negligence, the Provider is only liable for violation of essential contractual obligations ("cardinal obligations"), i.e., such obligations whose fulfillment first enables proper performance of the contract and on whose compliance the User may regularly rely. In these cases, the Provider's liability is limited to the contractually typical, foreseeable damage.
(3) Liability without fault for initial defects (§ 536a(1) BGB) is excluded unless expressly agreed. Any mandatory liability under the Product Liability Act remains unaffected.
(4) The Provider assumes no responsibility for data loss, damage or other disadvantages resulting from improper use of the App, use in an unsupported manner or incorrect operation by the User, unless statutory liability exists.
(5) Insofar as content generated via the App (e.g., through AI functions) is made available, this serves exclusively informational or advisory support purposes. The Provider assumes no guarantee for the accuracy, completeness or suitability of such content for a particular purpose of use.
