General Terms and Conditions of the Budge App and Website

These General Terms and Conditions ("GTC") apply to the use of the "Budge" app and website, which are provided by Budge UG, St.-Magdalena-Ring 20, 88213 Ravensburg, Germany under the domain www.budge-app.com. Budge services are provided exclusively on the basis of these GTC. By downloading the app, but at the latest when starting to use the Budge services, the user agrees to the validity of the current version of these GTC. These GTC can be downloaded and saved here.

These GTC are directed exclusively to consumers. You are a consumer if the purpose of the use of the Budge services can be attributed to either your commercial or your independent professional activity (§ 13 BGB). These GTC apply to consumers who are employees as well as to users who only use Budge personally and not due to the participation of their employer. Use for commercial purposes is not permitted.

1. Contents of the Budge services

1.1 Budge services include in particular, but are not limited to, the following usage options:
 

• Selection options of various climate-relevant habits of the user.
• Setting of targets for the reduction of the ecological footprint.
• So-called "nudges" and reminders of the user, which should contribute to the implementation of the set goals and to a more environmentally friendly everyday life (positive influence on environmentally relevant decisions).
• Tips for reducing the environmental footprint.
• Tracking and measurement of progress in reducing the ecological footprint.
• Overview of goals achieved and progress toward goals.
• Comparison of progress with other users.

1.2 Budge reserves the right to change or expand the content and structure of the Budge Services as well as the associated user interfaces if the fulfillment of the purpose of the Budge Services is not or not significantly impaired as a result. Budge will inform the Users of the changes accordingly.

2. Functionality and availability

2.1 The User shall have no claim to continuous and uninterrupted operability of the Budge Services. Budge shall, however, endeavor to achieve the highest possible availability and to remedy malfunctions and network or device failures as quickly as possible.

2.2 Budge has the right to temporarily suspend the Budge Services, in whole or in part, planned or unplanned, in particular to eliminate program errors, to repair, maintain and/or improve the App and the Website or to eliminate malfunctions. In principle, there is no individual notification to the User. However, Budge will inform the User in a timely and appropriate manner about planned and prolonged disruptions, either on the homepage https://www.budge-app.com, by email or push messages.

2.3 In order to ensure the continuous and functional use of Budge services, it may be necessary for the User to download new software versions.

3. Duties of the user

3.1 The User is only entitled and obligated to use the Budge services exclusively for the contractual purposes. Any other use is prohibited.

3.2 By creating a user account, the User can access the Budge services from different devices and receives all information concerning the user account (confirmation of registration, etc.) directly to his/her stored e-mail address.

3.3 When the User creates a User Account, the User will be prompted to set a username and password and to register. After registration, the User will receive a confirmation email from Budge, which will allow the User to verify the registration via a link.

3.4 In addition, the following provisions apply with regard to the user account:
 

• The User shall provide Budge with all required information and personal data completely and correctly.

• The User shall promptly update the information and data provided to keep it accurate, current and complete at all times.

• The User must keep his username and password secure and confidential. He/she is not permitted to disclose this data to third parties or to allow them to access the Budge services. The User is solely responsible for the confidentiality and security of his/her user account. In addition, the User bears the sole responsibility for the use of his/her user account, regardless of whether the use is made by him/her or by a third party without his/her consent. The User must notify Budge immediately of any unauthorized use by a third party or any other breach of security.

• The User is obliged to keep his user account active, i.e. he must log in regularly in order to avoid disruption or loss of access to his user account. If the User fails to comply with this obligation, Budge shall have the right to close and delete the inactive User Account after a reasonable period of time. The User is hereby informed that all information of the User Account is no longer accessible. Budge shall endeavor to inform the User prior to the deletion of the User Account.

• The User is obliged to ensure the technical requirements for the use of the Budge services himself/herself. An internet connection with sufficient bandwidth and latency is the responsibility of the User.

4. Scope of the rights of use

4.1 For the use of the Budge services for a specific purpose, Budge grants the User a non-exclusive, simple, non-transferable, time-limited, non-sublicensable and revocable right to use the app and/or the underlying software in accordance with these GTC. The provisions of the respective provider shall apply to the rights of use for integrated third-party systems.

4.2 The User is not permitted and undertakes not to permit third parties to copy (unless expressly permitted under these GTC), decompile, reverse engineer, disassemble, modify, attempt to, derive source code or create derivative works from the Budge Services or the services or parts thereof included in the Budge Services (unless any of the foregoing restrictions are prohibited by law or permitted by the license terms for the use of open source components that may be included in the Budge Services).

4.3 The Budge Services are to be used in such a way that no impairments, overloads or damages occur. The purpose pursued with the Budge services may not be jeopardized or circumvented by the User's use. The user is prohibited from circumventing or modifying the security measures of the Budge services himself/herself or through third parties.

5. Termination and exclusion of use

5.1 The use of the Budge services may be terminated at any time and without giving reasons by either party under the agreed contract. The Company Account and User Account shall be blocked upon effectiveness of the termination. Budge is also entitled to delete the user account and all contents of the user. The mutual rights and obligations from further contractual regulations between the User and Budge remain unaffected.

5.2 The User may be temporarily or permanently excluded from using all or part of the Services if he/she seriously violates the obligations arising from the law and/or the applicable contractual agreements, including these GTC.

5.3 Budge reserves the right to delete the user account and/or to change or delete the contents transmitted by the user, as far as the user violates legal regulations, these GTC or other applicable contractual agreements. Possible claims for damages remain unaffected.

6. Liability

6.1 Budge shall be liable for damages, regardless of their legal nature, including breach of contractual obligations or tort, exclusively in the following cases:
 

• wilful misconduct,

• death or injury to body/health,

• non-compliance with an expressly assumed guarantee,

• insofar as statutory provisions provide for strict liability,

• insofar as it is no longer reasonable for the User to assume that Budge has fulfilled its contractual obligations in the event of a breach of any other obligation within the meaning of Section 241 (2) of the German Civil Code (BGB),

• gross negligence,

• and/or to the extent that liability has not already arisen under the preceding paragraphs, in the event of a breach of a material contractual obligation.

6.2 Budge's liability shall be excluded in all other respects. An "essential contractual obligation" within the meaning of these GTC is (i) a contractual obligation which protects an essential contractual position of the User, which represents an essential meaning and purpose of the contract, and/or (ii) a contractual obligation the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the User may regularly rely.

6.3 In the aforementioned cases of section 6.1, Budge shall only be liable for typical and foreseeable damages.

6.4 The exclusion or limitation of liability of the aforementioned provisions of sections 6.1 and 6.2 shall apply in the same way with respect to the actions of Budge's legal representatives, executive and other employees, vicarious agents and subcontractors. Budge shall not be liable for the employees or other auxiliary personnel commissioned by the User to perform Budge's contractual obligations; the User shall indemnify Budge against all expenses and claims of third parties for damage caused by such persons. This shall not apply if these persons are considered Budge's own auxiliary staff.

6.5 The above provisions shall not be construed as a reversal of the burden of proof.

6.6 Budge shall not be liable for any failure to perform its obligations to the extent that such failure is due to circumstances beyond Budge's control (force majeure). As long as the force majeure exists, the performance of Budge's obligations shall be suspended. If the fulfillment of Budge's contractual obligations is impossible for a period of more than 30 days due to force majeure, either party may withdraw from the contract without judicial intervention and without any obligation to compensate the User for damages.

7. Data protection

7.1 All personal data in connection with the use of Budge services shall be processed exclusively in accordance with the provisions of European and German data protection law. For more information about the scope of data processing, please refer to the Privacy Policy applicable to the Budge Services.

8. Final provisions

8.1 The User is not entitled to assign these GTC and the rights granted and obligations assumed therein.

8.2 These GTC exclusively govern the use of Budge's services. Individual agreements that deviate from these GTC require Budge's written confirmation to be effective.

8.3 Conflicting or deviating general terms and conditions of the User shall not apply, even if Budge does not separately object to the User's general terms and conditions.

8.4 Budge reserves the right to amend these General Terms and Conditions to the extent that this is reasonable for the User. If the User does not exercise his right of termination within three weeks after notification of a change, his consent to the changes shall be deemed given. The right of termination shall be pointed out again separately within the scope of the announcement.

8.5 These GTC are subject to German law. The exclusive place of jurisdiction for all legal disputes arising from and/or in connection with these GTC shall be Munich, to the extent permitted by law.

8.6 Should one or more provisions of this Agreement prove to be invalid, void or unenforceable, the remaining provisions shall not be affected thereby. The invalid, void or unenforceable provision shall be replaced by such valid and enforceable provision that comes as close as possible to the economic purpose and the presumed intention of the parties of the invalid, void or unenforceable provision. This shall apply accordingly to any loophole in the contract.