General terms of service
Welcome to syncredible.
The designation "we", "us, our" or similar refers to syncredible GmbH, Münchener Str. 26, 85247 Schwabhausen, registered at the Registry Court of the District Court of Munich under HRB 266740, Managing Director Dr. (UNC) Josef Baumgartner.
"Users" are individuals who have registered to use the syncredible App.
These General Terms of Service ("TOS") apply to every user of the syncredible App. These TOS apply exclusively. The TOS apply regardless of whether the user is a consumer, entrepreneur or trader. Deviating, conflicting or supplementary general terms and conditions of the user shall only become part of the contract if and to the extent that we have expressly agreed to their validity. In any case, all separate agreements between us and the user shall take precedence over these TOS. Unless shown otherwise, a written contract or written confirmation from us shall be decisive for the content of such individual agreements. Insofar as reference is made in these TOS to statutory provisions, this is for clarification purposes only. If and to the extent that statutory provisions are not amended or excluded in these TOS, they shall apply also in the absence of any express reference to them. Unless otherwise agreed, the use of the syncredible App is based exclusively on these TOS. The most recent Terms of Service can be accessed and saved at https://syncredible.app/en/terms-and-conditions/.
2. Conclusion of contract and registration
Presentation by us of the functionalities of the syncredible App on the Internet or in other media does not constitute a binding offer. This merely gives the respective contractual partner the opportunity to make a binding offer to conclude a contract for the use of the syncredible App, which is done by downloading the syncredible App from a corresponding App store.
The use of the syncredible App requires prior registration with a mobile phone number.
Registration is only permitted for natural persons or legal entities with full legal capacity. In the case of legal entities, registration may only be done by the persons authorised to represent them. Registration by natural persons presupposes their full legal capacity.
As part of the registration process, the user receives a code via SMS to verify the mobile phone number, which the user must then enter into the syncredible App to complete the registration. Subsequently, the syncredible App automatically generates a passphrase, which is required by the user in the event of a change of mobile device or mobile phone number.
3. How the syncredible App works
The syncredible App allows users to share their contact information, profile pictures, ringtones, and notes with other syncredible App users to store in their phonebook on their smartphone.
When a user adds new information (contact details, profile picture, ringtone and/or notes) to his syncredible profile, he can choose which other user he wants to share this information with. If a user ("sharing user") shares a ringtone with another user ("receiving user"), this ringtone will sound when the sharing user calls the other user. Ringtones can only be shared if the receiving user is using a smartphone running Android version 5.0 or higher. However, depending on the manufacturer, some smartphones may not allow the ringtone to be set by the syncredible App.
If the receiving user uses a smartphone with operating system iOS 13.0 or higher, he must first grant the syncredible App permission to change notes from contacts. Otherwise, the user will not be able to receive notes via the syncredible App.
If a user replaces information in his profile (contact data, profile picture, ringtone and/or notes) already shared with other users with new information, this information is automatically adjusted for all already connected users in their respective phonebook.
Names are added to the already existing information. For some contact information, a change by the sharing user will cause any additional information stored by the receiving user (such as notes, pictures, ringtones, email addresses or social media profiles) to be overwritten by the syncredible App. Whenever a contact changes information, the user receives a push notification. The sharing user can also share different information with different receiving users. The contacts of a user are regularly checked to see if they are also registered users at syncredible. This is the only way syncredible can show the user which of his contacts he can connect to via syncredible. For this purpose, the mobile numbers of the contacts are matched with the registered numbers on the server. No data is stored or made accessible to us in the process.
The syncredible App also allows users to create groups and change information within their group user profile. If users are connected both through a group and individually, and different information is shared within the group than through the individual contact, the latter will apply.
The software provided by us can automatically download and install upgrades, updates, or other new features as appropriate. If necessary, users can customize these automatic downloads through their device settings.
4. General obligations in connection with the use of the platform
Users warrant that when using the syncredible App they will not use any content that violates existing law or infringes the rights of third parties; this also applies to any images or sharing of personal ringtones.
In particular, users expressly warrant,
• that they have reached the age of 16 at the time of registration,
• that at the time of registration they are not limited in their legal capacity for any other reason,
• not to use the syncredible App for illegal purposes,
• not to spread spam with the syncredible App,
• not to impersonate any other person or entity,
• not to release images of other people without their consent,
• not to share content through their contact details that infringes or violates the rights of others, including rights relating to publicity, privacy, copyright, trademark, contract or other intellectual property rights,
• not to share content via their contact details that contains hate speech, threats, sexually explicit or pornographic depictions or incites violence,
• not to use another person's account,
• to check any links created by them to third party sites within the scope of their contact data and not to reference sites with illegal or infringing content,
• not to use the syncredible App in any way that interferes with, disrupts, or negatively impacts the syncredible App or the servers or networks connected to the syncredible App,
• not to upload viruses or malware or otherwise compromise the security of the syncredible App,
• not to "develop" or imitate any part of the syncredible App without our prior written permission,
• not to use any meta tags, code or other device that has any connection to us or our syncredible App (or any trademark, brand name, logo or slogan of ours) to direct any person to any other website for any purpose,
• never modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any part of the syncredible App or induce others to do so,
• not use or develop any third-party applications that interact with the syncredible App without our written permission.
Users are obliged not to register a new user account or have a new user account registered after an extraordinary termination by us or a blocking of the user account.
Users may not disclose their login data to third parties. To prevent misuse, users must ensure that the login data is not accessible to third parties and that appropriate security precautions are taken. In the event of suspicion that third parties have or could have knowledge of the login data or are using the user's account, the user concerned shall inform us immediately.
Users will adequately secure against loss any data they use or receive in connection with the syncredible App. Users are aware that we do not create a back up of the contact data exchanged and that in the event of data loss, it is not possible for us to restore the data.
In the event of a disruption of the syncredible App and/or individual functionalities, users are obliged to inform us immediately. This applies equally if a user becomes aware that other users are obviously violating applicable law or the rights of third parties or are violating these terms and conditions, in particular sections 4, 12.
5. Fees and terms of payment
Charges for consumers
For consumers, the use of the syncredible App is currently free of charge. However, we reserve the right to offer individual functions only against payment of a charge.
Charges for persons other than consumers
There is a charge for anyone other than consumers to use the syncredible App.
When we offer products and services for a fee, the purchase ("In-App Purchases") is made through iTunes, Google Play or other application platforms authorized by us ("Software Store"). In the event of a Purchase, the User will be required to provide account details in their Software Store ("In-App Purchase Account") and such In-App Purchase Account will be charged in accordance with the stated terms and conditions explained to the User at the time of the Purchase and in accordance with the general terms and conditions for In-App Purchases applicable to the In-App Purchase Account. Price, sales tax and other payment terms will be communicated to the User by the applicable Software Store prior to completion of the purchase. When purchasing an automatically renewing subscription via an in-App purchase, the specified account for in-App purchases will be debited during the term of the subscription with the corresponding fee agreed upon at the time of purchase. Upon expiration of the subscription term, the subscription will be automatically renewed for the same period of time and at the price agreed upon at the time of subscription until terminated by the user or by us. Termination of the automatic renewal of the subscription, change or cancellation can be made by the user via his account for in-App buyers by following the instructions contained there for the cancellation of a subscription. This also applies if the user has deleted his account with the syncredible App or the syncredible App itself. Deleting a user account with the syncredible App or deleting the syncredible App itself from the user's device does not by itself constitute a cancellation of the subscription.
6. Right of withdrawal
Subscribers residing in the EU or the European Economic Area, if they are consumers, have the right to withdraw from the contract without giving any reason within 14 days of the subscription coming into effect, in accordance with prevailing statutory provisions. This 14-day period begins on the date when the subscription takes effect.
In order to exercise the right of withdrawal, the user must inform us of his decision to withdraw from the contract by means of a clear declaration (e.g. by e-mail or letter). The user can send an email to email@example.com for this purpose. In order to comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The revocation gives rise to a claim for a full refund of all payments made by the user. For this repayment, we use the same means of payment that the user used for the original transaction. No fees will be charged for the repayment.
7. Rights of use
We grant users a personal, worldwide, royalty-free, non-transferable, simple (non-exclusive), revocable and non-sublicensable right to use the syncredible App.
8. Blocking right
In the event of serious breaches of duty (such as the creation of fake profiles or the dissemination of illegal content), as well as in the event of reasonable suspicion of a culpable breach of duty, we are entitled, at our own best discretion, to block user accounts or individual user content. Provided that the breach of duty is not a criminal offence, we will give the user the opportunity to comment on the facts of the matter within three (3) days before blocking him in accordance with Paragraph 1. In the event of an immediate blocking without prior opportunity to comment, we will inform the user of this immediately after the blocking has taken place.
In case of a blocking according to paragraph 1 above, the user is not entitled to open another user account or to publish the blocked content on the syncredible App again.
If we become aware or have reasonable grounds to suspect that a third party is misusing a user's account, we are entitled to block the user's account in order to prevent the misuse by the third party. Abusive use by third parties may even include access to the user account of the user by a third party. We will inform the user of any such blocking. We will only unblock user account if it can be proven that there is no longer a risk of misuse by third parties. In case of doubt, the user must ensure that this is the case and provide us with evidence of appropriate measures.
9. Contract period, termination and cancellation
The contract for the use of the syncredible App is concluded for an indefinite period and can be terminated by either party without giving reasons at the end of the month following the termination. The contract for the use of paid features of the App is concluded for a period of one year and is automatically renewed for one year at a time, unless the subscription is terminated at least 24 hours before the end of the respective term. The right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. Extraordinary terminations must be made in text form.
An important reason entitling us to extraordinary termination exists in particular if
a. the user violates his obligations according to sections 4, 12 or in case of other serious breaches of duty by the user, e.g. in case of misuse of the platform by e.g. fake profiles;
b. the user does not desist from other, less serious breaches of duty despite a warning, but continues or repeats the offending behaviour or does not immediately remedy the consequences of such breaches of duty that have already occurred.
Termination of the automatic renewal of the subscription, change or cancellation can be made by the user via his account for in-App buyers by following the instructions contained there for the cancellation of a subscription. This also applies if the user has already deleted his account with the syncredible App or the syncredible App itself. Deleting a user account with the syncredible App or deleting the syncredible App itself from the user's device does not by itself constitute a cancellation of the subscription. If the payable subscription is not extended, the user account will be continued in the free App variant. The content made available to another user as part of the use of the syncredible App remains unaffected by a deletion of the user account and will continue to be available to the other user in the future. Also unaffected by a deletion of the user account is the content of other users that was previously made available to the user whose user account is deleted as part of the syncredible App. In the event of an effective extraordinary termination by us, the user may not register again for the use of the syncredible App.
We make every effort to ensure trouble-free operation of the platform. This is naturally limited to services over which we have control. However, users recognise that a completely uninterrupted availability of the syncredible App is technically not feasible. We strive to keep the syncredible App available as consistently as possible. However, there is no entitlement to this. In particular, access to the syncredible App may be disrupted, restricted or temporarily interrupted due to maintenance work, capacity issues and events beyond our control.
We generally do not pre-screen the content made available to other users via the syncredible App. We therefore do not vouch for the correctness, accuracy, reliability, up-to-dateness, appropriateness and/or completeness of the information made available via the syncredible App and accept no liability whatsoever in this respect.
We accept full liability in cases of wilful intent or gross negligence.
In the event of simple negligence, we shall be liable, subject to statutory limitations of liability (e.g. due care in our own dealings, minor breach of duty), only (i) for damages arising from injury to life, limb or health, and (ii) for damages arising from the breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the user may regularly rely (cardinal obligation). In this case of simple negligence, the amount of liability is limited to the losses foreseeable at the time of the conclusion of the contract and typical for this type of contract. This limitation of liability in accordance with the above paragraph 2 shall also apply in the event of breaches of duty by persons (also in their favour) whose fault we are responsible for under the statutory provisions. However, it does not apply if a defect was fraudulently concealed or a guarantee of quality was assumed and for claims of the user under the Product Liability Act. We are not liable for the loss of user data, for example due to information changes made when there is no internet connection.
12. Indemnification by the user
The user shall indemnify us and our employees or agents against all claims of third parties upon first request in the event that claims are asserted on account of alleged or actual infringements of rights and/or violation of rights of third parties which are asserted by third parties in connection with the use of the platform by the user.
The user undertakes to reimburse all costs, if any, incurred by us as a result of a claim made against us by a third party on account of alleged or actual claims pursuant to paragraph 1 above. Reimbursable costs also include the costs of our reasonable legal redress and legal defence.
The user must notify us immediately of any third-party claims of which he becomes aware in connection with the use of the platform. We are entitled to take appropriate measures ourselves to ward off claims by third parties or to enforce their rights. The user must coordinate his own measures with us in advance.
13. Third-party services
From time to time third parties may offer promotions or links to other websites or resources. We are not responsible for the availability (or non-availability) of such external websites or resources. The terms of interaction with such third parties, if the user chooses to have such interaction accessible through the syncredible App, will be determined by the relevant third party. We are not responsible or liable for the actions or conditions of such third parties.
14. Data protection
The use of the syncredible App makes the collection, processing and use of personal data by us unavoidable. We will treat all stored data with care and process and use it exclusively within the scope of any required data protection consent of the user. Any further processing and use of personal data will only be carried out by us to the extent permitted by law. The nature and extent of the use of data by us will be communicated to the users in more detail in a data protection declaration, which is permanently available for download in an up-to-date version on the Internet at https://syncredible.app/en/privacy-policy/.
15. Amendment of these General Terms of Service
We are entitled to amend or supplement provisions of these TOS without stating reasons at any time with effect for the future, e.g. in the event of technical changes, functional upgrades, adjustments or restrictions, provided and to the extent that this is not deemed unreasonable for the users. We will inform the User in text form via push notification and/or as news on the home screen of any amendments or additions to these TOS at least 30 days before they come into force, without having to send or otherwise notify the User of the amended or supplemented TOS in detail or of the new version of the TOS as a whole. Notification of the fact of the amendment or supplement as such shall be sufficient. At the same time as being informed of changes and additions, the User shall receive a push notification under which the new complete version of the General Terms and Conditions can be viewed. If the user does not object to changes and additions in text form within 14 days of notification, this shall be deemed to be consent to the change or addition; the TOS shall make separate reference to this in the notification of change.
16. Final provisions
The parties have not made any verbal agreements.
Should individual provisions of these TOS be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
The mutual rights and obligations arising from the contractual relationship are subject to German substantive law.
If the user is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the contractual partner and us shall be Munich, Landgericht München I (Munich I Regional Court), even in the case of actions brought by us against the user on the basis of a proxy without power of attorney.