Terms of Use

MoneyCoach is a mobile phone application for various platforms, developed and offered to you by MoneyCoach UG. (“Provider”). It enables its users to track and manage personal finance and analyze their income and expenses. Your use of the MoneyCoach mobile phone application and all the related services provided through it (collectively referred as “MoneyCoach”) is subject to the terms of a legally binding agreement (“Terms”) between you and the Provider.

MoneyCoach is currently available for download free of charge, however it contains one-time payment in-app purchases to unlock additional features (“PRO features”).

Acceptance

These Terms regulate the legal relationship between you and the Provider. You may not use MoneyCoach if you don’t accept them. The Terms are always made available to you prior to the download of MoneyCoach application. By downloading, installing, using or otherwise accessing MoneyCoach, you are expressing your acceptance and willingness to be bound by the Terms. You must also confirm your acceptance by selecting a checkbox before signing up for MoneyCoach in a case you want to use account-based features.

You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use MoneyCoach.

Term and Termination

The Terms will remain in full force and effect while you use MoneyCoach and until terminated by either you or the Provider.

Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared with other users, and they have not deleted them.

You may terminate the Terms at any time and for any reason by sending a written notice to the address of the Provider and deleting the MoneyCoach application. Refund of your purchases is not possible.

Provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms you are not entitled to any refunds.

Amendments

From time to time, Provider may amend the Terms at its sole discretion. You will be notified about the planned changes in advance through MoneyCoach application or via e-mail. Updated Terms will be posted to this page 14 days prior to the effective date. By continued use of MoneyCoach, you are expressing your acceptance of the changes. If you don’t agree with the changes, you may terminate the Terms at any time.

Your use of MoneyCoach

You must use MoneyCoach only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws.

Registration and User Account

In order to be able to access all features of MoneyCoach you have to sign up. You agree to provide accurate, truthful and current information and keep it up to date.

You must keep your account login information confidential and secure and you may not share it with anyone. You are solely responsible for any activities that occur under your account.

The Provider reserves the right to refuse your registration or suspend your MoneyCoach account at any time.

User generated content

You may enter and upload texts, numerical data, photos or other content to MoneyCoach. You retain copyright and any other rights to the content that qualifies for a legal protection. For such content you grant Provider a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.

You are solely responsible for any content you provide and for any consequences thereof. You may not enter or upload unlawful content or content that infringes copyright or any other third party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of MoneyCoach.

Provider does not review the user content, but reserves the right to remove or disable access to any user content for any reason.

Provider has no responsibility for the accuracy of the content you provided or which was created by MoneyCoach based on your input.

You are solely responsible for backing up the content you enter or upload to MoneyCoach.

License and ownership

MoneyCoach application and all rights therein, including intellectual property rights, shall remain Provider’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.

Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use MoneyCoach and its PRO features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Third party services or libraries included in MoneyCoach are licensed to you either under these Terms, or under the third party’s license terms, if applicable.

Based on your license, you may not access MoneyCoach with other means than the mobile phone application, mine or extract any data from MoneyCoach databases, modify, reverse engineer, decompile, dissasemble or create derivative works of MoneyCoach application or any part thereof and circumvent any technology used to protect the paid PRO features. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense the MoneyCoach application.

Hardware and System Requirements

Information about the current hardware and system requirements of MoneyCoach, technical restrictions and and other limitations are always available on the platform-specific page of the application.

Maintenance and Support

MoneyCoach is subject to a continuous development and Provider reserves the right, at it’s sole discretion, to update the MoneyCoach application, change the nature of MoneyCoach or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update MoneyCoach.

Provider does not guarantee an uninterrupted provision of the services. MoneyCoach may be temporary unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider’s control.

If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of MoneyCoach is limited due to the limited capacity of the Provider.

PRO Features and Prices

MoneyCoach application is available for download free of charge. Free version displays ads in default and allows you to use only the basic features of MoneyCoach. You can unlock an add-free version or other PRO features by in-app purchases.

Current detailed information about the in-app purchase offer is always available on the platform-specific page of MoneyCoach or within the MoneyCoach application.

PRO features unlocked by one-time payments are non-consumable.

Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).

Provider does not guarantee that MoneyCoach or any of its free or paid features will always be free or at the same price and reserves the right, at its sole discretion, to change the pricing at any time.

Downloading or using MoneyCoach may incur additional costs for the internet connection. You shall bear all such costs relating thereto.

Payments and Refunds

You can purchase selected PRO features simply by pressing the “BUY” button in the platform in-app purchase dialogue which summarizes information about billing type, price and term.

By pressing the “BUY” button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible.

In case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “BUY” button you also consent that the contractual performance will start immediately and you acknowledge that for this reason you lose your right of withdrawal.

Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a successful transaction by unlocking PRO features in MoneyCoach. It proceeds by electronic means and is not subject to any extra fees.

Distribution platforms accept various payment methods, including but not limited to, credit and debit cards, gift cards or PayPal.

Provider itself doesn’t store any payment information nor process payments. Distribution platforms or their contractors are solely responsible for the payment processing.

Refunds for the in-app purchases are generally not provided.

 

Privacy

Some features of MoneyCoach may be used only if you consent to your personal data being processed. All information, including the extent and the manner of processing your personal data is included in the “Privacy Policy”, which forms an integral part of the Terms.

You can withdraw your given consent at any time by deleting your MoneyCoach account and the MoneyCoach application.

Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFITS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE MoneyCoach, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, MALFUNCTION, CANCELLATION OR MODIFICIATION, OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF MoneyCoach, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER’S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MoneyCoach APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

Indemnification

You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising from your use of MoneyCoach, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys’ fees.

Third-party Services

MoneyCoach or its parts may include third-party services or content such as Facebook Login or Foursquare API. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and that availability of such services and content is not guaranteed. You must comply with any applicable third party terms of agreement when using MoneyCoach.

iOS Platform

If you are an iOS device user, the terms in this section also apply to you:

You acknowledge that the Terms are concluded between you and the Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content.

The license granted to you must be limited to use MoneyCoach only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that MoneyCoach may be accessed and used by other accounts associated with the purchaser via Family Sharing.

Provider and not Apple is solely responsible for providing any maintenance and support services with respect to MoneyCoach. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MoneyCoach.

In the event of any failure of MoneyCoach to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MoneyCoach, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of the Provider.

Provider, not Apple, is responsible for addressing any your or third party claims relating to MoneyCoach or your possession and/or use of MoneyCoach, including, but not limited to, product liability claims, any claim that the MoneyCoach fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

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

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Export Control

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 you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law and Disputes

Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Germany Republic. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the Provider.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Language

English is a primary language of communication between you and the Provider. All information about MoneyCoach is available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the Terms.

Complaints and Contact Information

Your questions, complaints or claims with respect to MoneyCoach should be directed to:

MoneyCoach UG
Adlerstraße 10
90403, Nürnberg
Deutschland

Amtsgericht Nürnberg
HRB 33168
Mail: info@moneycoach-apps.com