General Terms and Conditions
It is our primary goal to always provide you with a first-class experience with a wide selection of interactive stories, no matter where you are.
We therefore recommend that you read our terms and conditions carefully. If you have any queries or questions about our offer, please do not hesitate to contact us. Use the table of contents below to quickly access the sections relevant to you:
1. Basics
2. Requirements for the use of EarReality services
3. Free registration
4. Statutory right of cancellation
5. Granting of rights of use
6. Restrictions on use
7. Comments and other user contributions, transfer of rights to EarReality
8. Data protection
9. Warranty
10. Liability of EarReality
11. Choice of law
12. Final provisions
1. Basics
1.1 EarReality GmbH, based at Wartmauerstr. 12, 71296 Heimsheim, Germany, registered in the commercial register at Mannheim Local Court under the number HRB 734223, managed by the managing directors Christian Mahnke and Sebastian Schöps, VAT ID: DE325850965 (hereinafter „EarReality“), provides you as a customer with an extensive collection of interactive stories in the „Twist Tales“ app.
1.2 These terms and conditions govern the use between you as a customer and EarReality. They apply to all applications and services offered by EarReality, whether free of charge or subject to a charge (collectively „EarReality services“).
2. Requirements for the use of EarReality services
2.1 App requirements: The free EarReality app can only be used on certain devices that are supported during download from the relevant platform (e.g. Apple App Store or Google Play Store). You are responsible for providing suitable devices.
2.2 Download and installation: The EarReality app must be downloaded and installed from the relevant platform (e.g. Apple App Store or Google Play Store). The terms of use of these platforms apply to the use of these platforms.
2.3 Rights of use: You receive a simple, non-transferable right to use the EarReality app for personal, non-commercial use. Modifications to the app are prohibited unless permitted by law.
3. Free registration
3.1 The use of certain functions of the EarReality services (e.g. leaving ratings and comments) may require registration for a free EarReality user account. EarReality services that can be used without payment are referred to as free services. A right to open a user account does not exist. Registration requires that you are at least 18 years old. If there is any doubt as to whether you are of legal age, EarReality may request proof of age in order to provide the services.
3.2 As a customer, you are obliged to inform EarReality immediately if you suspect or become aware of any misuse of your access data or passwords. In the event of suspected or proven misuse, EarReality may block access to its services until the situation has been clarified. In addition, EarReality reserves the right to change the access data for security reasons and will inform you immediately in such a case.
3.3 Conclusion of contract: The options to register an EarReality user account or to take out a paid membership are not binding offers, but invitations to make an offer. By completing the registration or ordering a paid membership, you are making a contractual offer to use the corresponding services. This offer includes the service descriptions and price details and becomes part of the contract if it is concluded. EarReality accepts the offer by means of an express declaration or by providing the services. The contract is concluded upon receipt of the declaration of acceptance or upon provision of the services. For some services, confirmation, age verification or other proof may be required; in such cases, the contract is concluded subject to this proof. The contract is concluded in German. EarReality does not save the text of the contract separately. The content of the contract results from the order details and the general terms and conditions. The current General Terms and Conditions can be viewed at any time on the EarReality website.
4. Statutory Right of Cancellation
Below you will find the legally required information on the conditions and consequences of cancellation.
Cancellation policy:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of cancellation, you must inform us (EarReality GmbH, located at Wartmauerstr. 12, 71296 Heimsheim, registered in the commercial register at Mannheim Local Court under the number HRB 734223, managed by the managing directors Christian Mahnke and Sebastian Schöps, VAT ID: DE325850965) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
End of the cancellation policy
Sample cancellation form:
(If you wish to cancel the contract, please complete and return this form)
To: EarReality GmbH, based at Wartmauerstr. 12, 71296 Heimsheim,
registered in the commercial register at Mannheim Local Court under the number HRB 734223, managed by the managing directors Christian Mahnke and Sebastian Schöps, VAT ID: DE325850965
I/we (*) hereby cancel the contract concluded by me/us (*) for the provision of the following service(*)
Ordered on (*)/received on(*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s)
Date
(*) Delete as appropriate
End of the sample cancellation form
5. Granting of rights of use
5.1 Free content/services
As part of this agreement, you receive the limited right, but no entitlement, to use content provided free of charge by EarReality, such as reading or listening samples. The use includes the possibility to use a number of contents determined by EarReality simultaneously on your supported end devices (e.g. smartphone) via the intended applications online. A copy-protected version of the content can be cached in part or in full on your device to speed up access and bridge network interruptions. However, it is necessary for your device to regularly connect to the EarReality servers in order to renew authorisation and continue use.
5.2 Paid content/services
Depending on your membership, you receive the right to “borrow” and use the content provided by EarReality and participating publishers for the duration of your membership. During an existing online connection, depending on your chosen model, you can “borrow” a specified amount of content at the same time and save and use it for a limited time on a supported end device linked to your user account.
6. Restrictions on use
6.1 The content provided by EarReality may only be used for private, personal and non-commercial purposes. Any disclosure to third parties (including friends, relatives, acquaintances, etc.), public access, forwarding, posting on the Internet or other publicly accessible networks and media, resale or any other type of use without the express authorisation of EarReality is not permitted, unless this takes place within the framework of the family sharing function of the App Store. No further rights are granted, in particular for reproduction, unless individual rights holders expressly authorise this and EarReality has activated corresponding functions. For example, the printing of content or the copying of text passages beyond the quotation function is not permitted without special authorisation.
6.2 Any further use, such as additional reproduction or distribution of the content and the electronic copies made thereof, is prohibited outside the legally permitted framework. EarReality reserves the right to analyse data to monitor misuse and, in the event of clear misuse, to forward this to the rights holders concerned. Content may not be changed unless otherwise regulated by law. Changes to EarReality’s copyright protection measures (such as copy protection and encryption) are not permitted. The following additional regulations apply to use:
(1) Content may only be used with the EarReality app.
(2) In order to use content on end devices, you must generally download and install the EarReality app.
(3) The transmission of content is encrypted and can only be used online during the membership period.
(4) An Internet connection is required to use or borrow the content online, as EarReality’s service is handled online. The costs for internet connections, especially when roaming abroad, are to be borne by you and are not part of this agreement.
7. Comments and other user contributions, transfer of rights to EarReality
7.1 As a registered user, you may have the opportunity to write reviews and comments on the interactive stories in the EarReality app (“user contributions”). By creating user contributions, you grant EarReality a non-exclusive, temporally and geographically unlimited and free right of use for these contributions when you submit them. This includes the rights to reproduce and make available to the public in accordance with Sections 16 and 19a UrhG, in particular for the display of your contributions on the EarReality websites and in the EarReality app. You guarantee that you have the necessary rights of use to the contributions submitted by you and that their use by EarReality in this context does not violate any agreements, third-party rights or legal regulations. EarReality is not obliged to publish your user contributions.
7.2 The user contributions posted by you must not be illegal, obscene, offensive, threatening or insulting, must not infringe the intellectual property rights of third parties or invade the privacy of others. They should be free of software viruses, political content or advertising statements.
7.3 EarReality accepts no responsibility or liability for content published by users. You accept liability for all user contributions published by you and undertake to indemnify EarReality against all third-party claims arising from your user contributions.
7.4 EarReality reserves the right to remove or amend user contributions. However, EarReality is under no obligation to check user contributions for accuracy or legality.
8. Data protection
The careful handling of your personal data is of the utmost importance to us. We recommend that you read our privacy policy, which applies to all EarReality services. There you can find out more about how we handle your personal information.
9. Warranty
9.1 We endeavour to keep all interactive stories available for as long as possible. Excluded from this guarantee are situations in which we or the rights holders are forced to prevent you from using the content due to contractual or legal obligations or official or court orders. In such cases, we reserve the right to immediately block the interactive stories in question.
9.2 We would like to point out that 100% availability of the EarReality services, in particular the content, is not technically possible. Nevertheless, we endeavour to make the services available 7 days a week and almost around the clock. Maintenance work, security and capacity issues as well as events beyond our control (such as disruptions in public communication networks or power failures) may lead to short-term interruptions or temporary outages of the services. EarReality remedies such deficiencies mainly by providing updates. Proper provision of the services can only be guaranteed if you install the necessary updates provided by EarReality immediately. A warranty for defects resulting from the fact that you do not install these updates or do not install them on time is excluded. However, this does not exclude claims for enrichment or compensation.
10. Liability of EarReality
EarReality accepts no liability for initial defects if it is not at fault. Any liability on the part of EarReality and/or the publisher is excluded if the claim is based solely on slight negligence. However, this exclusion of liability shall not apply in cases in which a guarantee is breached, in the event of breaches of material contractual obligations, in the event of breaches of the Product Liability Act or in the absence of a warranted quality. Essential contractual obligations are those which make the proper execution of the contract possible in the first place, non-compliance with which would jeopardise the purpose of the contract and on the fulfilment of which the customer normally relies. However, in the event of a breach of a material contractual obligation, liability shall be limited to typically foreseeable damage. The exclusion and limitation of liability shall not apply in the event of damage to life, limb or health.
11. Choice of law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the user has concluded the contract as a consumer, the mandatory consumer protection provisions applicable in the country in which the user has his habitual residence shall also apply, insofar as these grant the user further protection.
12. Final provisions
12.1 From time to time it may become necessary to update, adapt or supplement the contractual relationship with the customer for justified reasons. This applies in particular if EarReality’s offer changes in order to make appropriate adjustments to ensure the functionality or security of EarReality services as well as for legal or regulatory reasons. In this case, EarReality will inform you of a corresponding change by e-mail to the e-mail address you have provided to EarReality or in another suitable form, such as within the EarReality services. You will then also have the opportunity to object to the change within a reasonable period of time, which we will explicitly point out to you in the notification, stating the deadline.
12.2 Should individual provisions of these General Terms and Conditions or parts thereof be or become invalid in whole or in part, this shall not affect the validity of the remainder of the agreement.