AGB - Vario One - Your cockpit for paragliding

TERMS AND CONDITIONS

This Agreement was last amended on 28 Maith , 2022.

I. INTRODUCTION

www. vario-one.com ("Website") and Mobile Application "VARIO ONE" („we„, „us" or "our") welcomes you.

We provide you access to our Services through our "Website" and "Mobile Application" (as defined below) subject to the following terms and conditions of this Agreement, which may be updated by us from time to time with or without notice to you. By accessing and using this Website and the Mobile Application, you acknowledge that you have read, understand, and agree to be legally bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, please do not use the Website or the Mobile Application.

II. DEFINITIONS

"Agreement" refers to these Terms and Conditions and the Privacy Policy, as well as other documents made available to you through the Website and the Mobile Application;
"Service“ or "Services refers to the services defined below that are offered through the Website.
„Users„, „You" and "Your" refers to the person who accesses this website and mobile application to use a service;
"Member" means the user who makes the payment for the services we offer through our website/mobile application;
„We„, „us" and "our" are references to the Leobalo GmbH;
"Website" or "Platform" means and includes " https:// www. vario-one.com, mobile applications "VARIO ONE" and any successor website of the Company or any of its affiliates;
"User account" means an electronic account opened for the Buyer to use the services offered on the Website and the Mobile Application;

III. EXPERCISE

All references to the singular include the plural and vice versa, and the word "includes" is to be understood as "without qualification."
Words denoting one gender include all other genders.
Reference to a statute, ordinance, or other law includes all ordinances and other acts and all consolidations, amendments, reenactments, or replacements currently in effect.
All headings, boldface and italicized sections (if any) have been inserted for convenience of reference only and shall not be deemed to limit or detract from the meaning or interpretation of the provisions of this Agreement.

IV. INTRODUCTION AND SCOPE

- Scope. These Terms govern your use of the Site, the Mobile Application, and the Services. Unless otherwise stated, these Terms do not apply to third-party products or services, which are governed by their own terms of use.
- Admissibility: Certain services of the Website and the Mobile Application are not available to users under the age of 18 or users who have been blocked or removed from the system by us for any reason.
- Electronic communication: When you use this website/mobile application or send emails and other electronic communications to us from your desktop or mobile device, you are communicating with us electronically. By sending, you agree to receive a response communication from us electronically in the same format, and you may retain copies of such communication for your records.

V. SERVICES

The VARIO ONE app for the Apple Watch and iPhone.

VI. CHANGES TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time (collectively, the "Changes"). We may notify you of changes by sending an email to the address provided in your account or by posting a revised version of the Terms that includes the changes on our website and mobile application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

VII. REGISTRATION

If you access this website/mobile app anonymously, you do not need to create a user name. However, to access certain resources, you may be asked to provide certain information and create a user ID and password to set up an account.

You agree that the information you provide in connection with creating an account is accurate and that you will keep your information up to date. You are responsible for the security of all of your usernames, passwords and registration information (such as unique account identifiers or historical billing information) and are solely responsible for the use (authorized or unauthorized) of your accounts. You agree to notify us immediately of any unauthorized activity with respect to any of your accounts or other breaches of security. We may, in our sole discretion, suspend or terminate your usernames and passwords at any time with or without notice.

VIII. USER CONTENT

Responsibility for content.

The Website/Mobile Application allows you to submit content, feedback, etc., but you are solely responsible for the content you submit. You represent that you have the necessary permission to use the content.

When sending content to the website/mobile app, please do not send content that:

Contains rude, profane, abusive, racist or hateful language or expressions, pornographic or distasteful text, photographs or illustrations, inflammatory attacks of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggerations or unsubstantiated claims;
violate the personal rights of third parties, are unreasonably harmful or offensive to individuals or communities;
discriminates on the basis of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to these aspects in a manner prohibited by law;
Violates or unreasonably encourages the violation of any local, state, federal or international law, rule, regulation or ordinance;
repeatedly sends messages regarding another user and/or makes derogatory or offensive comments about another person or repeats a previously posted message under multiple emails or topics.

Such content will be rejected by us. In the event of repeated violations, we reserve the right to block user access to the website and mobile application without prior notice.

IX. PAYMENT

- All payments for products and services available on the website and mobile application are subject to our terms and conditions.
- The payment mode is managed through your App Store settings
- We may ask you to provide additional information for your transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and mailing address for billing and notification purposes (this information, "Payment Information").
- You represent and warrant that you are legally authorized to use all payment methods represented by such payment information.
- When you initiate a transaction, you authorize us to share your payment information with third parties so that we can complete your transaction and charge your payment method for the type of transaction you choose (plus any applicable taxes and other fees).
- Users will subscribe to our services. We use the Apple App Store for our billing solutions
- Reimbursement will be made in accordance with our reimbursement policy.
- We are happy to assist you if there is any problem, you can contact our back office team for any inquiry or problem.
- We take our customers' feedback very seriously and use it to constantly improve our service quality.

X. REIMBURSEMENT POLICY

Our general policy is that your purchase is considered final.
You may cancel your subscription at any time. Upon such termination, you may continue to use the applicable Paid Service until the end of the term for which you paid. Except as provided above, you will not receive a refund of any portion of the subscription fee paid for the current subscription period at the time of cancellation. You are responsible for all subscription fees (plus any applicable taxes and other charges) incurred for the current subscription period.

XI. GENERAL CONDITIONS

We do not guarantee the accuracy, completeness, validity or timeliness of the information we list.
If we make material changes to these Terms from time to time, we may notify you of such changes either by posting a prominent notice or by email.
The Website/Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis solely for use in connection with the Service for your private, personal, non-commercial use, subject to all of the terms and conditions of this Agreement as they apply to the Service.
We will not be liable to you for any failure to provide the services you have ordered or for any delay in providing them if caused by events or circumstances beyond our control, such as adverse weather conditions, pandemics, strikes, lockouts and other labor disputes, system failures or network access, floods, fire, explosions or accidents.
You acknowledge and agree that we are not responsible for responding to any claims that you or any third party may have with respect to the mobile application;
Leobalo GmbH reserves the right to block/terminate the use of or access to the platform or system.

XII. LIMITED WARRANTY

Through this website:

We offer you the opportunity to make use of the services offered via our website.

We do not warrant or guarantee that the descriptions of the Services are accurate, complete, reliable, current, or error-free. If a service offered on the website/mobile application is not as described, your sole remedy is to notify us of the services in order to take further action

Disclaimer for the accuracy of the mobile application
Our company assumes no responsibility for the accuracy and reliability of the information provided by our mobile application on the Apple Watch and on the iPhone. Despite careful development and regular maintenance, there may be deviations and technical errors that may affect the accuracy of the data provided.
Recommendation for using an analog compass
For additional security and as a supplement to our mobile app, we strongly recommend the use of an analog compass. An analog compass can serve as an independent and reliable navigation instrument and offers a valuable alternative, especially in situations where electronic devices may not work properly.

XIII. GEOGRAPHIC LIMITATION

We reserve the right, but have no obligation, to limit the use or provision of any Service to any person, geographic region or country. We may exercise this right as necessary. We reserve the right to suspend a Service at any time. Any offer to provide a service made on this website/mobile application is void if prohibited.

XIV. USER REACTIONS OPTIONS

You are required to use the Service and the Website/Mobile Application for a lawful purpose and to comply with all applicable laws when using the Website and the Mobile Application;
You may not use or access the Website/Mobile Application to conduct market research for a competing company;
You may not falsely represent or impersonate, for false or illegal purposes, any person or entity;
You will not use any device, scraper, or other automated thing to access the website or mobile application without permission.
You will inform us of anything that is inappropriate, or you can inform us if you find something illegal;
You will not interfere or attempt to interfere with the proper working of the Website/Mobile Application by using any virus, device, information gathering or transmission mechanism, software or routine, or access or attempt to access any data, files or passwords associated with the Website/Mobile Application by hacking, password or data mining or any other means;
You will not obscure, obfuscate, block, or in any way interfere with any advertising and/or security features (e.g., the "Report Abuse" button) on the Website/Mobile Application;
You will notify us of any inappropriate content that comes to your attention. If you discover something that violates any law, please let us know and we will review it.
You agree to comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our website/mobile application We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including, but not limited to, deleting your user account, reporting suspected unlawful activity to law enforcement, regulators or other third parties

XV. RELEASE

You release us and our successors in interest from all losses, damages, rights, claims and actions of any kind, including personal injury, death and property damage, directly or indirectly related to or arising out of your use of the Services (collectively, "Claims").

XVI. CONFIDENTIALITY

All materials provided by the Client/Customer in the course of using our Service will be kept confidential by us from third parties, unless disclosure is required by law or is made to our financial auditors or the appropriate regulatory authorities. Disclosure or use of this information for any purpose beyond the scope of this Agreement.

XVII. NO ADVISORY

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance and other materials (collectively, "Information") available on the Site and Mobile Application (including Information provided in direct response to your questions or postings) may be for informational purposes only. In no event will we be liable to you or anyone else for any decision made or action taken by you in reliance on such Information.

If you rely on any information provided by the Website/App, you do so solely at your own risk.

XVIII. FEEDBACK POLICY

We give our users the opportunity to share their feedback and testimonials with us.

You may provide us with ideas, opinions, testimonials, recommendations, feedback or advice in connection with your use of the Services (collectively, "Feedback" designated).

If you submit feedback to us, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully paid-up, royalty-free, worldwide license (sublicensable through multiple tiers):

(a) use, copy, distribute, reproduce, modify, create derivative works from, adapt, publish, translate, publicly perform, and publicly display this Feedback (or any modification thereof) in whole or in part in any format, medium, or application now known or later developed; and

(b) use and permit others to use the Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that we, in our sole discretion, deem appropriate (including, without limitation, incorporating the Feedback, in whole or in part, into any technology, product or service).

XIX. EXCLUSION OF LIABILITY

We are not responsible for any direct or indirect damage that may result from the product or service.

We do not accept responsibility for delays/errors caused by circumstances beyond the control of the company (force majeure). These circumstances may include labor disputes, fire, war, government decisions, etc.

Disclaimer for the accuracy of the mobile application
Our company assumes no responsibility for the accuracy and reliability of the information provided by our mobile application on the Apple Watch and on the iPhone. Despite careful development and regular maintenance, there may be deviations and technical errors that may affect the accuracy of the data provided.
Recommendation for using an analog compass
For additional security and as a supplement to our mobile app, we strongly recommend the use of an analog compass. An analog compass can serve as an independent and reliable navigation instrument and offers a valuable alternative, especially in situations where electronic devices may not work properly.

In addition, we shall not be liable for any direct or indirect consequential or other form of loss or damage suffered by any user as a result of using the website. www. vario-one.com and the mobile application, including the loss of data or information or any kind of financial or physical loss or damage.

In no case are VARIO ONE, nor its owners, directors, employees, partners, agents, suppliers or affiliates, responsible for any indirect, incidental, special, contingent or exemplary costs, including but not limited to loss of revenue, numbers, use, goodwill or other intangible losses, resulting from (i) your use or access of, or failure to access or use, the Service; (ii) any third party conduct or content on the Service; and (iii) unlawful access, use or modification of your transmissions or content, whether based on warranty, agreement, domestic tort (including negligence) or any other lawful concept, whether or not we were aware of the possibility of such damage.

XX. NO RESPONSIBILITY

We are not responsible to you for:

losses you suffer because the information on our mobile application or website is inaccurate or incomplete; or
any losses you suffer because you are unable to use our website and mobile application at any time; or
Any errors or omissions on our website or mobile application; or
any losses you suffer in reliance on any comments, posts or reviews (of our services or those of our partners) on our website or mobile application; or
unauthorized access or loss of personal information that is beyond our control.

XXI. SPAM POLICY

You are strictly prohibited from using the Site or any of our services for illegal spamming activities, including collecting email addresses and personal information from others or sending bulk commercial emails.

XXII. COPYRIGHT DIRECTIVE

If you have an intellectual property rights complaint relating to material posted on the Site, you may contact our Designated Agent.
www. vario-one.com
ATTN: Legal Department (Copyright Notification)
Email: info@vario-one.com
Any notice claiming that materials hosted on or distributed through the Site infringe intellectual property rights must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other rights that are infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Site;
- Your address, phone number and email address;
- a statement by you that you have a good faith belief that use of the materials on the Site about which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate, and that under penalty of perjury you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

XXIII. LEFT FROM THIRD

The Website and the Mobile Application may contain links to external websites or third-party websites ("External sites"). These links are provided solely for your convenience and do not imply that we endorse the content of these external sites. The content of these external sites is created and used by others. You may contact the administrator of these external sites. We are not responsible for the content provided in the links to the external sites and make no representations about the content or accuracy of the information on these external sites. You should take security measures when downloading files from all such sites to protect your computer from viruses and other critical programs. If you agree to access linked external sites, you do so at your own risk

XXIV. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this website and the mobile application, you consent to our use, storage or other processing of your personal data in accordance with our Privacy Policy.

XXV. ERRORS, INACCURACIES AND OMISSIONS

Every effort has been made to ensure that the information provided on this website and mobile application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot guarantee that use of the Website or Mobile Application will be error-free or expedient, timely, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses or bugs or represent the full functionality, accuracy, and reliability of the Website and Mobile Application, and we make no warranties, express or implied, as to its usefulness or accuracy.

XXVI. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

The Website, Mobile Application and Service are provided on an "as is" and "as available" basis, without warranties of any kind, including warranties that the Website/Mobile Application will operate error-free or that the Website/Mobile Application, its servers, or its content or service will be free of computer viruses or similar contaminants or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, non-infringement, and fitness for a particular purpose, and any warranties arising from course of dealing, course of performance, or usage of trade. In connection with warranty, contract or tort claims: (I) We will not be liable for any unintended, incidental, or consequential damages, lost profits, or damages for lost data or business interruption arising out of the use or inability to access and use the Website/Mobile Application or Content, even if we have been advised of the possibility of such damages.

The Website and Mobile Application may contain technical inaccuracies, typographical errors or omissions. Except as required by applicable law, we are not responsible for any such typographical, technical or pricing errors noted on the Website/Mobile Application. The Website/Mobile Application may contain information about certain Services that may not be available in every location. A reference to a Service on the Website(s)/Mobile Application does not imply that such Service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the Website/Mobile Application at any time without notice

XXVII. COPYRIGHT AND TRADEMARKS

The Website/Mobile Application contains material such as software, text, graphics, images, designs, sound recordings, audiovisual works and other material provided by us or on our behalf (collectively, "Content"). The Content may be owned by us or by third parties. Unauthorized use of the Content may violate copyright, trademark and other laws. You have no rights in the Content, and you will use the Content only as provided in this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, license or sublicense, sell or modify the Content or reproduce, display, publicly perform, create a derivative version of, distribute or otherwise use the Content for any public or commercial purpose. Use or publication of the Content on any other website or networked computer environment for any purpose is expressly prohibited.

If you breach any part of this Agreement, your permission to access and/or use the Content and the Website/Mobile Application automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks and logos used and displayed on the Website/Mobile Application are registered and unregistered trademarks or service marks of ours. Other company, product and service names on the Website/Mobile Application may be trademarks or service marks owned by others (the "Third Party Marks" and together with us, the "Marks"). Nothing contained on the Website/Mobile Application shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks without our prior written permission for such use. None of the Content may be redistributed without our express written consent in any case

XXVIII. COMPENSATION N

You agree to defend, indemnify and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions or demands, including, without limitation, reasonable attorneys' fees and accounting fees, arising out of or resulting from your breach of this Agreement or your misuse of the Content or the Website/Mobile Application. We will provide you with notice of any such claim, action or proceeding and will assist you, at your expense, in defending any such claim, action or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under this Section. In such event, you agree to cooperate with any reasonable requests to assist in our defense of such matter.

XXIX. MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or waived to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

CANCELLATION

Runtime. The Services provided to you may be terminated or cancelled by us. We may terminate these Services at any time with or without cause by written notice. We will have no liability to you or any third party as a result of such termination.

Effect of termination. Upon termination of these Terms for any reason or upon cancellation or expiration of your Services: (a) we will cease providing the Services; (b) you will not be entitled to any refunds or usage fees or other charges, prorated or otherwise; (c) any fees you owe us will become immediately due and payable in full; and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for continuation, or by their nature should continue, shall survive termination of the Terms, including but not limited to indemnification, warranty disclaimers and limitations of liability

ENTIRE AGREEMENTThis Agreement constitutes the entire agreement between the Parties relating to the subject matter contained in this Agreement.

APPLICABLE LAW AND REMEDIESThe terms and conditions contained herein shall be governed by and construed in accordance with the laws of Germany, without giving effect to its conflict of law principles. Any disputes arising from the use of the Website shall be subject to the exclusive jurisdiction of the courts of Germany.

VIOLENCE MAJEURE
We will not be liable to you, your users or any third party for any failure to perform our obligations under these Terms if such failure is due to an event beyond our reasonable control, including but not limited to acts of war or terrorism, natural disaster, power failure, riot, civil commotion or other force majeure event.

ADJUSTMENT
We have the right to assign or transfer this Agreement to third parties, including its holding company, subsidiaries, affiliates, partners and group companies, without User's consent.

CONTACT INFORMATION
If you have any questions about these terms, please contact us at info@vario-one.com.