We, Nui Care GmbH, Schillerstraße 40b, 80336 München ("Nui Care"; "we"), have developed the application "Nui" ("Nui") which can be downloaded at www.nui.care and other domains or can be used online. Nui is a tool for managing and sharing tasks within a family.
1. Scope: Who and What Do These Conditions Apply to?
2. Purpose of the Agreement: Scope of Nui's Offer
2.1 The purpose of this agreement is the paid or free of charge use of the Nui applications, which can be retrieved via www.nui.care as a web application or via desktop applications and corresponding mobile applications ("apps"). All data are stored in the Cloud and can thus be retrieved at any time by various types of devices or a web application. Nui provides the following for the use of various different applications:
Each user has her own profile, which they can personalize by uploading a picture.
You can also invite unregistered persons to Nui by entering their phone numbers.
2.2 Nui allows that you connect to other users. We provide the technical requirements in the form of the applications. We are not involved in the connection or communication ourselves.
2.4 Nui will be available for use ("system uptime") 24 hours a day, 365 days a year with 97% availability on average ("SLA"). If maintenance work is necessary and if Nui is not available for maintenance reasons, we will duly inform you. Disruptions to Nui for maintenance reasons will not be counted as part of SLA time. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which Nui cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeure, fault of third parties.
3. Registration, Concluding Contracts, Use of Nui: Rights and Responsibilities
3.1 Downloading Nui
3.1.1 You can download Nui as a web app or a desktop app or as a mobile app for various devices.
3.2 Registration, Conclusion of a Contract
3.2.1 You can use Nui without registering. However, non-registered accounts may be restricted in terms of time and range of functions.
3.2.2 To be able to use all the functions of Nui, you will need to register.
3.2.4 To register with Nui you must supply the required data truthfully and fully if these are not voluntary details.
3.3 Concluding the Agreement
3.3.1 Web App and Desktop App
In the case of the web and the desktop app, you have concluded an agreement with us once you have downloaded the app and/or used it for the first time.
3.3.2 Mobile Apps
In the case of the mobile apps, you conclude an agreement for use when you click on the "Install" button on the product description page of the relevant app store and, where required, you enter your password.
3.3.3 There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.
3.4 You may use all of the free features of Nui free of charge.
3.6 Rules for Using Nui
3.6.1 When using Nui you must obey all of the relevant laws and other legal provisions of the Federal Republic of Germany. In particular, you may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third party rights. Such data includes but is not limited to: text, images, graphics or links. You are solely responsible for the data and content you provide. We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
3.6.2 You have the option of uploading a profile picture and, as indicated, other content in your profile. Before you upload any document, you must ensure that you are the owner of the exclusive usage rights of the document and that making the document publicly available is not against any laws, moral standards and/or the rights of third parties.
3.6.3 You may not upload any files depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content or documents and/or make them publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to Nui if you have the consent of each person.
3.6.4 You, as well as we, can delete or replace photos or other pictures at any time. In particular, we are entitled to remove pictures or files without prior warning if and when there is good reason to believe that publishing them on Nui violates the law, moral standards and/or the rights of third parties.
3.6.5 Content and texts posted on Nui may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law.
3.6.6 Acts of harassment such as sending chain letters or communications of a salacious or sexual nature are not permitted.
3.6.7 You are not allowed to attack the operational capacity of Nui by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.
3.6.8 If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of Nui or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.
3.7.1 You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to Nui. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of Nui. You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.
3.7.2 The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.
3.8 Data Backup
You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on Nui, and create your own backup copies in order to guarantee reconstruction of the data and content in case of data loss.
3.9 Identity of Users
Technically, we are not capable to definitively determine whether a registered user on Nui actually has the identity she claims to have. We therefore cannot guarantee the correct identity of any user.
4. Instruction on Revocation
4.1 Regarding the agreement of the use of this service, you have, if you are a consumer with your normal place of abode or residence in the European Union, a legal right to revoke this agreement in accordance with the following:
Right of Revocation
You have the right to withdraw from this contract within 14 days without giving any reason.￼￼
￼To exercise the right of withdrawal, you must inform us (Nui Care GmbH, Schillerstrasse 40b, D-80336 München, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may also use the attached sample withdrawal form, but it is not obligatory.
￼To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Revocation
If you withdraw from this contract, we shall reimburse 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 that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of 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.
Your right of revocation expires prematurely if the agreement is fulfilled by both sides on your specific request before you have exercised your right of revocation.
￼End of Instruction on the Right of Revocation
4.2 Sample Withdrawal Form
If you wish to withdraw from your contract, please fill out this sample withdrawal form and return it to:
Nui Care GmbH, Schillerstrasse 40b, D-80336 München, Germany, email: email@example.com ￼ 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 user(s)
Signature(s) [only if this form is returned on paper]
please delete where inapplicable
5. Responsibility for Content
5.1 We accept no responsibility for texts, content, images, data and/or information uploaded by you or other Nui users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from Nui. In particular, we give no guarantee that the content showed in Nui is true, fulfils any particular purpose or can serve any particular purpose.
5.2 If you notice or suspect any illegal or non-contractual use of Nui, you can report this to us at any time via this email address: firstname.lastname@example.org.
7. Term of Your Licensing Agreement and Termination
7.1 Free Use of Nui
7.1.1 The agreement on free use of Nui apps is for an indefinite period.
7.1.2 You can terminate the agreement at any time by selecting the "delete your account" option in the account settings, thereby deleting your account. On termination, unsecured data will be lost as we will delete your account completely. We will inform you of this again separately before we delete your account.
7.1.3 We can terminate this agreement in writing with a notice period of two (2) weeks (email will be sufficient).
7.3 In addition, the agreement may be terminated for just cause. Just cause, which would entitle Nui Care to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3.6 or if you are delayed with your payment obligations in accordance with Section 6.2.1.
8. Liability for Defects
8.1 We are only liable for defects in Nui in accordance with Section 8 provided the impairments are not due to the restrictions in availability (SLA) described in Section 2.4.
8.2 A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with No. 6 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.
8.3 You must inform us of the defect in writing or by email immediately.
8.4 You are not entitled to damages due to a defect to Nui due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.
8.5 Further claims and rights for defects to Nui—other than those explicitly named in No. 8 —will not be recognized except if we are held liable for them by statutory provisions.
Our liability for use of the Nui product is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.
10. Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use
10.1 This agreement shall be governed by the laws of the Federal Republic of Germany.