Terms of Use

1. Scope and Contractual Relationship

These Terms of Use apply to the use of the mobile application "TravelAlly" (hereinafter "App"). The provider of the App is:

(hereinafter "Provider")

These Terms of Use constitute an agreement solely between you and the Provider, not with Apple Inc. ("Apple"). The Provider, not Apple, is solely responsible for the App and its content. In addition, the Apple Standard End User License Agreement (Apple Standard EULA: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) applies, unless otherwise stated here.

By using the App, you agree to these Terms of Use. For information on how your personal data is processed, please see our Privacy Policy.

2. Subject Matter and License

The App allows users to plan, manage, and document trips. This includes in particular recording places, activities, notes, expenses, as well as saving and sharing photos and documents within trips.

The Provider grants you a non-exclusive, non-transferable right to use the App on Apple-branded products that you own or control, in accordance with the App Store Terms of Service.

3. Use of iCloud Infrastructure

The App can generally be used completely offline, with data stored primarily locally on your device. Optionally, content can be backed up and synchronized via the iCloud of the respective Apple user. The prerequisite for using these synchronization and sharing features is an active Apple ID account and the activation of iCloud services.

The Provider does not provide its own servers or databases for storing travel data.

4. User-Generated Content

Users can create, store, and share content such as text, photos, documents, and other data within the App with other users.

The respective users are solely responsible for all content created or shared by them.

Users agree not to upload or share any content that violates applicable law, third-party rights, or these Terms of Use.

This includes in particular, but is not limited to:

• illegal, offensive, or discriminatory content
• content that infringes copyrights, trademark rights, or personal rights
• content of a pornographic, violence-glorifying, or otherwise inappropriate nature

5. No Content Control or Moderation

The Provider has no access to the content stored by users within the App and does not perform any content review, moderation, or active control of this content.

Travel data is stored primarily locally on the user's device. If the user has enabled the optional iCloud synchronization, this data resides in the user's private iCloud and is technically inaccessible to the Provider.

6. User Responsibility

Users are solely responsible for:

• the content they store and share
• the legality of this content
• compliance with third-party rights

The Provider assumes no responsibility for content created or shared by users.

7. In-App Purchases and Subscriptions

The App offers paid subscriptions to unlock advanced features. All payments and subscriptions are processed exclusively via the Apple App Store and are subject to Apple's terms and conditions.

The available features of a subscription may change as part of the further development of the App. Refunds are made exclusively in accordance with Apple's guidelines.

8. Maintenance and Support

The Provider is solely responsible for providing maintenance and support services for the App. For questions or issues, please contact info@travelally.de or visit our support page.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

9. Warranty and Liability

The Provider is liable without limitation in cases of intent and gross negligence as well as in cases of injury to life, body, or health.

In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage. Otherwise, liability is excluded.

In particular, the Provider is not liable for:

• data loss in the context of the optional iCloud synchronization
• content created or shared by users
• technical availability of optional Apple services (iCloud, CloudKit, etc.)

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

10. Product Claims and Intellectual Property

The Provider, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the App (e.g., product liability, consumer protection).

In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

11. Minimum Age and Minors

The App is suitable for users aged 4 and above. In-app purchases and subscriptions require an Apple ID account and therefore require legal capacity or parental consent. Apple provides options to manage and approve purchases by minors via Family Sharing and Screen Time.

We do not knowingly collect personal data from children under the age of 13.

12. Legal Compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Availability of the App

The Provider strives to ensure that the App is available as uninterrupted as possible. Since the App primarily works offline, its core functionality is available independently of an internet connection. However, uninterrupted availability of optional online features (iCloud synchronization, sharing, exchange rates) cannot be guaranteed, as these depend on external services.

14. Changes to the App and Terms of Use

The Provider reserves the right to change, expand, or discontinue functions of the App, provided this is reasonable for the user.

These Terms of Use may also be adapted. Material changes will be announced within the App or via a notice on the website. Continued use of the App after the updated terms take effect constitutes acceptance.

15. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use. Upon your acceptance of these terms, Apple will have the right to enforce these terms against you as a third party beneficiary thereof.

16. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected.