These general terms and conditions (“terms”) apply between
Dr. Robert Seideland users of the mobile applications ModusCycler and Modes Explorer offered by the provider (hereinafter individually and collectively “app”). These terms govern the conditions for downloading and using the apps. By installing and using them you agree to these terms. They also apply to updates and program supplements.
The range of functions of the apps may differ depending on the operating system (iOS, Android). The hardware and software requirements are listed in the respective app store (Apple App Store, Google Play).
An internet connection is required for downloading and updating. After downloading, the apps can be used completely offline.
The provider makes updates to the apps available at its own discretion in order to develop them further, improve their quality and implement legal or technical requirements.
By purchasing an app in the app store you conclude the purchase contract exclusively with the respective app store operator (Apple Inc. or Google LLC), not directly with the provider. The general terms, payment conditions and right of withdrawal of the respective app store take precedence.
The apps are offered at the following one-off purchase prices:
All prices include statutory VAT. The prices displayed in the app store are authoritative; local adjustments by the app store operator (currency, taxes) are possible.
The apps are offered as a one-off purchase. There are no subscriptions and no paid in-app purchases. With the purchase you permanently acquire the features available at the time of purchase.
The right of withdrawal is governed by the terms of the respective app store. Apple and Google offer refund procedures for digital purchases; requests must be submitted directly to the respective provider.
A supplementary withdrawal instruction (in German) and a statement on the exclusion of the right of withdrawal (in German) for immediately supplied digital content can be found on the linked pages.
With the purchase you acquire a simple, non-exclusive and non-transferable right to use the app on the devices of your app store account for private, non-commercial purposes.
The following are prohibited in particular:
You undertake to use the apps lawfully. In particular you must not:
The statutory provisions apply. Claims for defects must as a rule be asserted via the app store.
The provider applies customary care in selecting, maintaining and updating the content. No warranty is given for the correctness, timeliness and completeness of the content provided.
The provider is liable without limitation in cases of intent or gross negligence, for injury to life, body or health, and under the provisions of the German Product Liability Act.
For slight negligence the provider is liable only in the event of a breach of a material contractual obligation (cardinal obligation). In that case liability is limited to the foreseeable, typical damage.
Which data is processed when using the apps is described in the privacy policy. The apps work predominantly offline, without an account and without personal tracking. Apple and Google may collect their own data in the context of app store use — the privacy provisions of the respective app store operator apply here.
The theoretical foundations partly follow the finger-string system according to the systematics of Bernd Kiltz. A detailed list of sources can be found on moduscycler.com in the “Sources” section. Image, video and audio credits are in the legal notice.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis a consumer, this choice of law applies only insofar as it does not restrict mandatory statutory provisions of the state in which they have their habitual residence.
For users who are not consumers or who have no ordinary place of jurisdiction in Germany, the place of jurisdiction for all disputes is the provider’s registered office in Sindelfingen.
Should individual provisions of these terms be invalid, this does not affect the validity of the remaining provisions.
The European Commission provides a platform for online dispute resolution (ODR): ec.europa.eu/consumers/odr/. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.