Updated: 7 Oktober 2024

1. General

Users accept these Terms of Use (the “Terms”) as the contractual basis for the use of the provided App (Android and iOS platforms). These Terms do not constitute an amendment and/or supplement, possibly underlying contracts.

Motecso OG is unilaterally free to change the App at any time, to discontinue it generally or individually and/or to offer it as a paid service under other conditions. Motecso OG may block access to the App at any time, in particular if the User violates the Terms of Use.

The functional scope of the app can be found in the app description in the respective stores or on the following page:

https://www.motecso.com/en/app/secretsanta/

2. Requirements for the use of the app

All persons who have obtained this app via the Google Play Store or Apple App Store are entitled to use the app.

The use of the app requires the acceptance of these terms of use, the privacy policy and the registration of the user.

3. Login and registration

The user must download the app from the app download center of the respective app store (Google Play Store or Apple App Store) to his/her end device and install it there.

Afterwards the registration takes place, whereby there are several possibilities (depending on the operating system):

• Email/Password registration
• Google Sign-In
• Sign in with Apple

Motecso OG assumes no liability for the functionality and any damage to the app if it is downloaded from another download source.

For successful registration, the user must accept the privacy policy and terms of use of Motecso OG or Google Sign-In and “Sign in with Apple”.

The user can contact Motecso OG at any time to delete the account. (If you register but do not accept the terms of use / privacy policy).

4. Costs – Use of the app

4.1.  General

The App can be used by the User free of charge until revoked.

The use of the App requires a compatible device (tablet or smartphone) and Internet access. Regular updates are required in order to be able to use the app to its full extent at all times. The quality or performance of the app may depend on the following factors: Operating system, hardware, internet connection.

Sometimes there may be maintenance pauses during which the app is not fully usable. These maintenance pauses are kept as short as possible.

Database backups are made regularly. If the user deletes his/her account, it will only be deleted from the backups after 6 months. During this period, however, the data will not be analyzed or processed.

4.2 In-app purchases (iOS only!)

In-app purchases are only available in EU countries + Switzerland. Minimum version for Apple Premium is iOS 15.0 (as of 10.2024).

Purchases made are only available and valid for Apple devices. It is not possible to transfer or use the purchased services on Android devices!

With an in-app purchase, the user receives an increased range of functions, which is described with the respective purchase. The purchase of the ‘Premium Lifetime’ variant is only valid as long as the app is available in the store (for download). After removal of the app, or after all services of the app have been discontinued, there is no entitlement to services. The in-app purchase (contract and payment) is processed via Apple. If the terms of use are violated, a user with a valid in-app purchase contract can still be blocked/deactivated. For clarification, you can contact Motecso OG at support@motecso.com.

An active internet connection and an Apple device must be available in order to use premium content. After completion/purchase of the in-app purchase, there may be delays until final activation. This period is kept to a minimum. If you have any problems, please contact support.

5. Materials and services from third parties

Certain content, products and services available through the App may include materials from third parties (e.g. advertising from Admob).

Motecso OG is not responsible for examining or evaluating the content or its accuracy.

Likewise, Motecso OG is not responsible or liable and does not guarantee, for websites / products / other materials of third parties.

In case of data loss Motecso OG is not liable. It is, if possible with the help of a backup a restoration of these initiated.

6. Duties of the user

The app may only be used by the user. The user is obliged to take all reasonable precautions to protect his/her terminal device from unauthorized access and to keep his/her password secret.

The user is required to provide correct and complete information in order to be able to make full use of the app.

The user is obliged to install the software updates offered by Motecso OG.

7. Liability User

In case of intentional or grossly negligent breach of duty of care by the user or misuse of the app, the user is liable in full for the damage incurred.

8. Warranty/Liability Motecso OG

Since the App and the associated information, software and documentation are provided free of charge, liability for material defects and defects of title of the App, information, software and documentation, in particular for their correctness, freedom from errors, freedom from third party property rights and copyrights, completeness and/or usability – except in the case of intent or fraudulent intent – is excluded.

Apart from that, Motecso OG shall only pay compensation for damages caused intentionally or by gross negligence. Liability for slight negligence is excluded. The limitation of liability does not apply to personal injury. Motecso OG does not guarantee the uninterrupted availability of the App.

The app in general and its range of functions represent only an assistance / recommendation. The user is solely responsible and therefore obliged to independently control any recommendations of the app. All information is without guarantee!

9. Contract duration and termination

The user contract for the app is concluded for an indefinite period. The right of use ends automatically with the deletion of the app, or by closing the app operation. The user can terminate the user contract at any time by deleting the app.

10. Privacy Policy

You can find the privacy policy in the app, in the app stores or on the website at the following link:

https://www.motecso.com/apps/en/secretsanta/privacy-policy/

11. Copyright / Rights of use of the app

The app and the provided content are protected by copyright. The user is entitled to use the app and the provided content in the intended manner only in accordance with these terms of use. Motecso OG hereby grants the user a simple, spatially non-restricted and non-transferable right of use to the extent necessary to use the app. The right of use is limited to the term of the user agreement. Any use beyond this without the express prior written consent of Motecso OG is prohibited.

12. Choice of law, place of jurisdiction

Austrian law shall apply with the exception of the UN Convention on Contracts for the International Sale of Goods and any conflict of law provisions. For disputes, the competent court for 1010 Vienna, Austria, is responsible. For actions against and by consumers within the meaning of the KSchG, the place of jurisdiction shall be the consumer’s domicile, habitual residence or place of employment in Austria.

12.1 Right of cancellation for in-app purchases

The processing of purchases is handled by Apple. This includes the conclusion of the in-app purchase, upgrade, cancellation, cancellation, pause, etc. If the processing with Apple does not work, you have the option of cancelling this contract with us within fourteen days without giving reasons.

The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of cancellation, you must send us

Motecso OG

2111 Rückersdorf, Am Koglberg 6

E-Mail: support@motecso.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

Sample cancellation form

I/we(*) hereby cancel the contract concluded by me/us(*) for the purchase of the

following goods(*)/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: __________________________________________

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:

The service is provided free of charge. If you cancel this contract, only the provision of the service will therefore be discontinued.

Information in accordance with the Media Act:

Motecso OG (FN 517680 w)

2111 Rückersdorf, Am Koglberg 6

Object of the company: IT services