Terms and conditions
1. Introduction
By accessing and using the Mokkeli application (the "App"), you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. Please read these Terms carefully before using the App. The Mokkeli App helps digitize your household.
2. Agreement to Terms
This Agreement is effective from the date you first use the App. By using the App, you signify your acceptance of these Terms. If you do not agree to these terms, please do not use the App.
3. Use of the App
a. The App currently offers a shareable grocery list feature, allowing users to create, share, and manage grocery lists with other members of their household or designated groups.
b. The basic features of Mokkeli are free. Extended features ("Premium") are subject to a fee. Premium always applies to the whole household: all members of the household that the purchaser belongs to can use it.
c. Digitale Kumpel GmbH reserves the right to add, modify, or remove features of the App at any time. We will make reasonable efforts to notify users of significant changes.
4. Subscription and Payment
a. Premium is available as a subscription with a monthly or yearly term. Price and term are shown before you subscribe.
b. Subscribing on the web. If you subscribe to Premium on mokkeli.de, your contract is with Digitale Kumpel GmbH. Payment is processed by our payment provider Stripe.
c. Purchasing in the app. If you buy Premium in the app, you buy it through Apple's App Store or Google Play. Payment, renewal, cancellation and refunds are then governed by the terms of the respective store, i.e. the Apple Media Services Terms or the Google Play Terms of Service. The Premium features themselves are provided by Digitale Kumpel GmbH.
d. The subscription renews automatically for the selected term unless it is cancelled beforehand (see section 5).
e. Premium applies to the household the purchaser currently belongs to. If that person changes households, the subscription moves with them. The previous household keeps Premium until the end of the period already paid for.
f. If a payment fails, Premium may be suspended until payment succeeds. For store purchases, the store's grace periods apply.
5. Cancellation and Refunds
a. Web subscription: You can cancel it at any time in your account settings. Cancellation takes effect at the end of the current period.
b. Store subscription: It can only be cancelled in the store's subscription settings (Apple ID or Google account). To avoid the next renewal, this usually has to happen at least 24 hours before the end of the period. We cannot cancel or renew a store subscription ourselves.
c. After cancellation, Premium remains available until the end of the paid period.
d. Refunds: For store purchases, only the respective store is responsible (Apple: reportaproblem.apple.com; Google: via your Google account or the Play Help Center). For web subscriptions, statutory rights, in particular the right of withdrawal under section 5a, remain unaffected. Beyond that, we grant refunds at our discretion; requests to info@digitale-kumpel.ruhr.
5a. Right of Withdrawal
a. Web subscription: Consumers who subscribe to Premium on mokkeli.de have a right of withdrawal as set out in the following information.
Withdrawal information
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Digitale Kumpel GmbH, Jovyplatz 4, 45964 Gladbeck, Germany, email: info@digitale-kumpel.ruhr) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Digitale Kumpel GmbH, Jovyplatz 4, 45964 Gladbeck, Germany, email: info@digitale-kumpel.ruhr:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.
b. Store purchases: For purchases via the App Store or Google Play, withdrawal and refunds are governed by the terms of the respective store.
6. User Content
a. The App may allow users to create and share content, such as grocery lists, notes, and other household-related information ("User Content").
b. You are solely responsible for your User Content. By posting or sharing User Content on the App, you represent and warrant that you have all necessary rights and permissions to do so, and that your User Content does not violate any applicable laws, regulations, or third-party rights.
c. Digitale Kumpel GmbH does not endorse or assume any responsibility for User Content. We reserve the right to remove or disable access to any User Content that we believe violates these Terms or is otherwise objectionable.
7. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIGITALE KUMPEL GMBH DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT GUARANTEE THAT THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITALE KUMPEL GMBH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF DIGITALE KUMPEL GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SUBSCRIPTION GIVING RISE TO THE CLAIM.
9. Intellectual Property
All content in the App, including but not limited to software, text, graphics, images, logos, and trademarks, is the property of Digitale Kumpel GmbH or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App solely for your personal, non-commercial use. You may not copy, modify, distribute, sell, or lease any part of the App without the prior written consent of Digitale Kumpel GmbH.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts located in Gladbeck, Germany.
11. Changes to Terms
We reserve the right to modify these Terms at any time, with or without notice. We will post the updated Terms within the App. Your continued use of the App following the posting of any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes.
12. Termination
Digitale Kumpel GmbH may terminate your access to the App at any time, with or without cause, and with or without notice.
13. Contact Information
For any questions or concerns regarding these Terms, please contact us at info@digitale-kumpel.ruhr. Digitale Kumpel GmbH, Jovyplatz 4, 45964 Gladbeck, Germany.