1. General
These are the Terms and Conditions of Benjamin Griebeler, acting as an individual app developer, operating under the business name Ljusdal (hereinafter referred to as “LJUSDAL”, “we”, or “us”). These Terms govern the legal relationship between LJUSDAL and you (hereinafter “user” or “you”) when you use one of our mobile applications, including but not limited to utility, productivity, lifestyle, or entertainment apps (hereinafter individually the “App” or collectively the “Apps”).
Our Apps are made available through third-party platforms such as the Apple App Store, Google Play Store, Amazon Appstore, or other similar marketplaces (each an “App Store”, collectively the “App Stores”). Please note that your relationship with the respective App Store is governed by that App Store’s own terms of use; these Terms do not apply to that relationship.
2. Eligibility
To use our Apps, you confirm that:
- The device you are accessing is your property and that you are authorized to make payments for features offered in the App.
- You are not located in a country under a US government embargo or designated as a “terrorist-supporting” country and that you are not on any US government prohibited or restricted party list.
- The information you provide is true and correct and you will update it if necessary.
- You have not been previously banned or suspended from using any App.
- You have a valid account with the App Store from which you download the App (the “App Store Account”).
You also agree not to:
- Copy, rent, lend, sell, trade, or otherwise exploit the Apps;
- Use the Apps for illegal activities;
- Use the Apps to distribute information or materials that are obscene, violent, threatening, defamatory, discriminatory, or offensive in LJUSDAL’s view.
- Use the Apps to distribute information or materials that infringe or could infringe intellectual property rights, including those of LJUSDAL.
You must have reached a minimum age to purchase paid features (see below) in our Apps. By purchasing a paid feature, you confirm that you have reached the minimum age of the country in which you reside. If you have not yet reached this age, a guardian must read and agree to these terms and conditions and, if necessary, make the purchase of the paid features. LJUSDAL provides you with a personalized app experience tailored to you and your age. By downloading an App from an App Store and using the App, you accept these terms and agree to them. If you do not agree to these terms, you are prohibited from downloading and using an App. You agree that these terms and conditions (a) apply from the date you first download one of our Apps, (b) apply to the use of all our Apps, and (c) constitute a legally binding contract between you and LJUSDAL, not with the respective App Store provider. LJUSDAL is solely responsible for the Apps and their content, not the App Store provider.
3. Privacy Policy
Our Privacy Policy explains how we use information collected about you, including personal data.
4. Special Conditions
The terms of the App Store provider also apply to your use of the Apps and the purchase of paid features. In case of conflicts between these terms and the App Store terms, the App Store terms prevail regarding the use of the App Store. Additionally, special terms may apply depending on how you access the Apps. We or our partners or third parties may occasionally run contests or promotions, which are subject to additional terms (“Special Conditions”). In case of conflicts between these terms and the special conditions, the special conditions prevail.
5. License Grant
By agreeing to these terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use our Apps for personal, non-commercial purposes. You must not attempt to hack into an App or gain unauthorized access to the software used by the App. LJUSDAL owns all rights, titles, and interests (or has a license to use) including all intellectual property rights in the Apps, including software code, visual displays, graphics, musical compositions, audiovisual effects, and trademarks of the Apps’ titles, and user content under these terms. Using our Apps under a license does not grant you any intellectual property rights in our Apps.
6. User Content
All data, texts, graphics, photos, and other materials uploaded or made available by you or other users in the Apps (“User Content”) are the sole responsibility of the person from whom such content originated. LJUSDAL does not guarantee the accuracy, quality, or integrity of User Content provided through the Apps. You agree that LJUSDAL is not liable for User Content, including errors in User Content or losses or damages resulting from the use of User Content.
You represent and warrant that the User Content you submit or transmit originates from you and that you own all rights, claims, and interests, including intellectual property rights, in such content, including the right to grant all rights and licenses in these terms without LJUSDAL incurring obligations or liabilities to third parties.
You grant LJUSDAL a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up, and royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, distribute, license, sell, transfer, publish, publicly perform, transmit, stream, broadcast, and otherwise exploit the User Content you submit and all derivative works. To the extent permitted by applicable law, you hereby waive all moral rights in the User Content. User Content is not confidential and will not be returned to the user.
LJUSDAL reserves the right, at its sole discretion, to remove and/or permanently delete User Content from the Apps.
7. Errors
LJUSDAL makes reasonable efforts to ensure that there are no errors or inaccuracies in the Apps regarding pricing and your purchase and use of the Apps.
8. Paid Features
Some of our Apps offer paid features, which may include subscriptions, products, and other services or virtual items. You can “buy” or “earn” these paid features in our Apps. All terms of these terms and conditions for using the Apps also apply to the use of paid features. Subscriptions are offered as auto-renewable in accordance with Apple App Store guidelines.
8.1. Pricing
Prices are indicated at the time of purchase and may vary by country. The same paid features may be offered by third parties at different prices. Some paid features may be available for pre-sale. Prices and availability are subject to change without notice. Although we strive to provide accurate information, there may be errors or outdated information such as prices. We may try to contact you to correct the error or cancel your order if your payment card or method has not yet been charged.
8.2. Risk of Loss
The risk of loss or damage to paid features passes to you upon electronic transmission of the paid feature to you.
8.3. Subscriptions
If you purchase a subscription or start a free trial, the provisions of this section 5 also apply to you. Passes and memberships are referred to as "Subscription" in these terms. Subscriptions provide access to certain services, software, and content available to subscribers (“Features”). These Features are licensed to you under these terms, not sold, and your license to use these Features expires at the end of your subscription term or is immediately terminated if you violate these terms. Subscriptions are tied to your account and are non-transferable. Subscriptions and Features may not be available in all countries, and certain Features may not be compatible with all products.
8.4. Automatic Renewals and Payments
If automatic renewal is enabled, your subscription will automatically renew at the end of the current subscription term for successive periods corresponding to the renewal term at the then-current price, plus any applicable taxes.
9. Refund
LJUSDAL is entitled to cancel a payment and refund you the amount including any transaction fees incurred by payment providers (as defined below) if we have reason to believe that (a) a purchase is incomplete, or (b) a purchase is fraudulent or suspected to be fraudulent. Refunds are processed through the App Store where the original purchase of the paid feature took place and was paid.
10. Payment Methods
The payment methods accepted by LJUSDAL include those offered by the respective App Store provider at the place of purchase within the App.
11. Disclaimer of Warranties and Limitation of Liability
LJUSDAL is only liable for damages, regardless of the legal basis, caused by intentional or grossly negligent behavior of LJUSDAL, its legal representatives, or vicarious agents. For slight negligence, LJUSDAL is only liable for breaches of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment is necessary to achieve the contract's purpose, and on whose compliance the user regularly relies. In this case, LJUSDAL liability is limited to the foreseeable, typical damage. LJUSDAL’s liability for damages arising from injury to life, body, or health remains unaffected by the above disclaimers and limitations and is governed by statutory provisions. Liability under the Product Liability Act also remains unaffected. To the extent LJUSDAL’s liability is excluded or limited, this also applies to the personal liability of LJUSDAL’s legal representatives, employees, and vicarious agents.
12. Data Loss
LJUSDAL is not liable for data loss if the damage is due to the user failing to perform regular and complete data backups, ensuring that lost data can be restored with reasonable effort.
13. Disclaimer of Warranty
LJUSDAL provides the Apps and all paid features “as is.” There is no guarantee that access to an App will be uninterrupted, reliable, or error-free. LJUSDAL does not warrant that an App is accurate, complete, or reliable. Although LJUSDAL endeavors to keep the Apps available around the clock, it assumes no liability if the Apps are unavailable at any time or for any period. Access to the Apps may be temporarily suspended without notice in the event of system failure, maintenance, or repair or for reasons beyond LJUSDAL’s control. LJUSDAL may at any time perform maintenance or changes to the Apps, temporarily or indefinitely suspending access to the Apps or parts thereof. If the App was downloaded from an App Store, you acknowledge that the App Store provider is not obligated to provide support or maintenance services for our Apps. You acknowledge that LJUSDAL, not the App Store provider, is responsible for handling product liability claims, non-compliance with legal or regulatory requirements, or claims related to consumer protection or similar laws.
14. Third‑Party Advertising
LJUSDAL may generate revenue from advertising goods and services of third parties in the Apps by: (i) displaying advertisements that you may see and respond to while using the Apps; (ii) promoting virtual items from third parties; and (iii) offering you the opportunity to "earn" virtual items by responding to third-party advertisements in a predefined manner.
15. Third‑Party Links
Certain links, including hyperlinks, in the Apps and on the social network platforms you use may direct you outside the Apps and the social network platforms from which you access the Apps. This does not mean that LJUSDAL endorses the linked site, its operator, or its content. You acknowledge that LJUSDAL does not control the content of such websites and assumes no responsibility for their accuracy, completeness, or quality. Such websites may be subject to their own terms of use, privacy, and cookie policies, which you must review yourself.
16. Termination or Suspension
LJUSDAL reserves the right, at its sole discretion and without stating reasons, to:
- Terminate or suspend your use of the Apps immediately and with effect (we may share your name and email address and notify third parties, including App Store providers); or
- Verify your information by requesting certain documents and refuse your requests to use the Apps if we believe there is a reason to do so.
17. Transfer of Rights and Obligations
LJUSDAL is entitled to transfer its rights and/or obligations under these terms and conditions to third parties, including the possibility of sublicensing and/or transferring rights and obligations under these terms and conditions.
18. Third‑Party Rights
You and LJUSDAL acknowledge that if the App was downloaded or purchased from an App Store, that App Store provider and its subsidiaries are third-party beneficiaries of these terms and conditions and may enforce these terms and conditions against you to the extent permitted by applicable law.
Furthermore, you acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.
19. Governing Law and Jurisdiction
These terms and conditions are governed by and construed in accordance with German substantive law, unless mandatory consumer laws of another country apply. Any disputes arising out of or in connection with these terms and conditions will be decided by the German courts. However, consumers may also have the right to bring an action before a court at their place of residence.
20. Alternative Dispute Resolution
LJUSDAL is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
21. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution, available at https://consumer-redress.ec.europa.eu. Consumers have the option to use this platform to resolve their disputes. However, LJUSDAL is neither willing nor obliged to participate in such a procedure.
22. Severability Clause
Should any provision of these terms and conditions be found wholly or partially illegal, invalid, or unenforceable by a competent court or administrative authority, that provision or part thereof will be considered not part of these terms and conditions. The validity and enforceability of the remaining provisions will remain unaffected.
23. Complaints and Disputes
Please contact us immediately using our contact details if you: (a) have any questions, complaints, claims, or concerns regarding content in our Apps, our paid features, or LJUSDAL in general; or (b) believe that an act or omission by LJUSDAL or one of our players violates applicable law. LJUSDAL will review your concerns and decide whether to act and whether a player has violated these terms. LJUSDAL will endeavor to inform you of the outcome of the review within a reasonable time after receiving your complaint. Both parties acknowledge that the App Store providers have no obligation to investigate, settle, defend, or dismiss disputes concerning the intellectual property of the Apps. The right to object to a defect in the Apps or virtual items expires after three years.
24. Amendment of Terms and Conditions
LJUSDAL reserves the right to change or supplement these terms and conditions at any time with effect for the future, as necessary due to changes in the legal or regulatory framework, technical developments, or other comparable reasons. LJUSDAL will inform users of changes to the terms in an appropriate manner in good time. This may be done, for example, by a notification within the App, by email, or by a notice on the website.
Users have the right to object to the changes within 30 days of receiving the notification. Objections must be made in writing to info@ljusdal.app. If the user does not object within the period, the changed terms are considered accepted. If the user objects to the changes, LJUSDAL is entitled to terminate the contract with the user at the time the amended terms take effect.
25. Entire Agreement
These terms and conditions constitute the entire agreement between us regarding the matters described herein and exclude all other terms and conditions.