This English text is a convenience translation. The legally authoritative version is the German one: AGB.
Terms and Conditions
§ 1 Scope, provider
(1) These terms apply to the use of the Android app “Kollagerie” (the “App”) and to the optional paid in-app purchase “PLUS” between the user and the provider.
(2) The provider is Informatikbüro Sedlmeier, owner Matthias Sedlmeier, Köppelsdorfer Str. 40, 96515 Sonneberg (see Imprint).
§ 2 Description of services
(1) Free use (Free): The App lets you create image collages from photos held locally on the device and save and share them locally. These basic functions are available permanently, free of charge and without advertising.
(2) PLUS (paid): For a one-time fee, “PLUS” unlocks additional functions. It is a one-time purchase (not a subscription); the unlock applies permanently to the respective Google account.
(3) The App processes data exclusively locally; no data is transmitted to the provider (see Privacy Policy).
§ 3 Conclusion of contract
(1) Free use comes into effect upon installation and launch of the App.
(2) The paid contract for “PLUS” is concluded through your order via Google Play and its confirmation. Processing (order, payment, receipt) takes place via Google Play.
§ 4 Prices and payment
(1) The price applicable to “PLUS” is shown in Google Play before completing the purchase (including any taxes).
(2) Payment is processed exclusively via Google Play Billing. Google acts as processor or seller (Merchant of Record); Google’s terms apply in addition. The provider receives no payment data.
§ 5 Rights of use
The user receives a simple, non-transferable right to use the App and the PLUS functions as intended on their devices. The user may freely use the collages created with the App; the user is responsible for the rights to the photos inserted.
§ 6 Liability
(1) The provider is liable without limitation
- for damage arising from injury to life, body or health based on a negligent or intentional breach of duty;
- for other damage based on intent or gross negligence;
- to the extent of a guarantee assumed by the provider;
- under the German Product Liability Act.
(2) For damage arising from the breach of essential contractual obligations (cardinal obligations) — obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely — that is based on simple negligence, the provider is liable limited in amount to the foreseeable damage typical for the contract.
(3) Otherwise, liability for simple negligence is excluded.
(4) There is no blanket exclusion of all liability or use “at your own risk”; only the graduated arrangement above applies.
(5) For the free use of the App (Free), the milder liability standard of § 521 German Civil Code (BGB) additionally applies (liability only for intent and gross negligence). The free provision is made without advertising and without economic exploitation of user data; it is therefore gratuitous.
§ 7 Right of withdrawal
Consumers have a right of withdrawal for the paid purchase of “PLUS”; details and the early expiry for digital content are governed by the Right of Withdrawal.
§ 8 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected.
(2) Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected; the statutory provisions take the place of invalid provisions.