As of April 2024

1. General / Scope

1.1. The publisher of the app is KOQOON GmbH & Co. KG (registered in the commercial register of the Ulm District Court under HRA 728513, Dieselstraße 4, 73278 Schlierbach (“KOQOON”)).

1.2. KOQOON provides its customers (“Customer”) with the “KOQOON App”, a free software app for mobile devices. The KOQOON App serves as a tool for remote control and monitoring of the KOQOON Grill.

1.3. Customers in terms of these terms of use are consumers within the meaning of § 13 BGB.

1.4. These terms of use govern the use of the KOQOON App including the use of future versions (patches, updates and upgrades) and the use of any further services that are currently or will be provided by KOQOON in connection with the KOQOON App (“Services”). The separate privacy policy (see https://koqoon.com/pages/privacy-policy-app-en) is an integral part of these terms of use.

1.5. KOQOON is solely responsible for the content of the KOQOON App as well as its maintenance and care, but not for any general terms of use of other applications by Apple or Google.

1.6. All services by KOQOON in connection with the KOQOON App are provided solely based on these terms of use (“ToU”) in the currently valid version.

1.7. By installing and using the KOQOON App, the customer agrees to these ToU. Otherwise, the KOQOON App must not be installed or used. Services and systems possibly associated with the KOQOON App must also not be used. Any rights under open-source licenses regarding the source code of the KOQOON App remain unaffected.

1.8. The customer is responsible for complying with these ToU even if they have entrusted the device on which the KOQOON App was installed to third parties who use the KOQOON App.

1.9. The KOQOON App is intended for persons who are at least 18 years old. Persons under 18 may only use the app with the consent of their legal guardian.

1.10. All notifications and statements made by the customer to KOQOON, especially notices of termination and setting deadlines, must be made in text form (email is sufficient) unless otherwise specified in these ToU.

2. Customer Obligations

2.1. The customer is provided with the necessary access data (usernames and passwords) to use the KOQOON App or they can choose these during the ordering process.

2.2. The customer undertakes not to disclose their login data to third parties and to keep it protected from third-party access. Regardless, the customer commits to immediately informing KOQOON as soon as it becomes known that the login data is being used by unauthorised third parties. KOQOON is entitled to block access to the KOQOON App if there is reasonable suspicion that the access data is being used by unauthorised third parties. The customer will be informed and requested to change the login data accordingly. The access data can be changed by the customer at any time. KOQOON assumes no liability for the customer's use of the access data.

2.3. The customer is solely responsible for the content of the data uploaded, stored, exchanged or transmitted by them through the KOQOON App. KOQOON is unable to control or ensure the accuracy of information transmitted by the customer during the use of the KOQOON App.

3. Usage Rights

3.1. KOQOON grants its customer a simple, non-transferable, non-sublicensable, unlimited right to use the KOQOON App for personal, non-commercial purposes. The customer's right of use is limited to the intended operation of the KOQOON App on the device.

3.2. No physical transfer of the KOQOON App to the customer occurs.

3.3. The customer is prohibited from modifying or manipulating the KOQOON App. The customer may not misuse the KOQOON App.

3.4. KOQOON reserves the right to exclude the customer from using the KOQOON App or any related services in case of misuse or non-intended access, and/or to immediately block access to the KOQOON App without prior notice.

3.5. The customer may completely delete their user profile from the KOQOON App from their device at any time with immediate effect. Details on the duration of storage and deletion can be found in the current version of the privacy policy (https://koqoon.com/pages/privacy-policy-app-en).

4. Ownership of the KOQOON App

The KOQOON App distributed by KOQOON is owned by KOQOON, insofar as parts of the KOQOON App are not under open source and subject to the usage rights granted to the customer according to clause 3.

5. Open Source License Notes

5.1. KOQOON also uses open-source software tools. A list of these open-source software tools and the corresponding licenses are contained in the settings of the app.

5.2. The license provisions applicable to the source code of the KOQOON App and the third-party components contained in the KOQOON App, namely the Creative Commons License and the provisions of the Open Data Commons Open Database License, remain unaffected by the rights granted under clause 3 of these ToU.

5.3. The aforementioned license provisions are not limited by the provisions of these ToU in case of contradictions.

6. Availability / Change / Maintenance of the KOQOON App

6.1. KOQOON provides the KOQOON App as it was released by KOQOON. KOQOON does not guarantee the functionality of the KOQOON App or any services. No specific condition of the KOQOON App is agreed upon. The customer has no right to a specific functionality or other condition of the KOQOON App or any services.

6.2. KOQOON may update, develop further, change or remove functions of the KOQOON App entirely or partially at any time or expand the KOQOON App with additional functions.

6.3. KOQOON does not guarantee a specific response time of the KOQOON App. The response time refers to the time between sending a request and receiving the response from the KOQOON App.

6.4. KOQOON may restrict or discontinue the operation of the KOQOON App and any related services at any time. There is no claim by the customer for the continued availability of the KOQOON App or the associated services and systems.

6.5. KOQOON makes no commitments about the availability or performance of the KOQOON App.

6.6. KOQOON is entitled to perform maintenance on the KOQOON App (particularly by installing updates, maintaining databases, and eliminating errors) at any time and without prior notice. These maintenance activities will affect the availability of the KOQOON App. These maintenance works may also lead to a complete outage of the KOQOON App.

6.7. KOQOON will endeavour to maintain the usability of the KOQOON App for the customer at the time of the changes and to perform system changes preferably during times of low usage.

6.8. KOQOON does not owe any adjustment to individual needs or the customer's IT environment.

7. Exclusion of Warranty

7.1. KOQOON determines the functions of the KOQOON App and any services as well as their design. KOQOON does not assure the customer of any specific condition. The customer has no claim that the KOQOON App has specific functions or is designed in a specific way. The KOQOON App is provided in the condition and with the functions as implemented when released in the Apple App Store or on Google Play by KOQOON.

7.2. KOQOON will provide the KOQOON App with reasonable care and apply reasonable care regarding any services. KOQOON makes no representations concerning the KOQOON App or any services and especially does not guarantee that:

• The use of the KOQOON App or any services will be uninterrupted or error-free,

• The KOQOON App or any services will be free from losses, corruption, attacks, viruses, interference, hacking or other security-related disturbances.

7.3. The customer is responsible for data backup of the device and any associated systems.

8. Data Protection

8.1. KOQOON will always comply with the requirements of applicable data protection law, especially the General Data Protection Regulation of the European Union.

8.2. Authentication when accessing the KOQOON App and further data transmission occur over encrypted HTTPS connections.

8.3. Personal data of customers is processed during the use of the KOQOON App. More details are provided in the privacy policy, available at https://koqoon.com/pages/privacy-policy-app-en.

9. Change of ToU

9.1. KOQOON reserves the right to change these ToU at any time and without giving reasons.

9.2. KOQOON will notify the customer of the entry into force of the new ToU by email, highlighting the changes in print. The new ToU are deemed agreed if the customer does not object to their validity within four weeks of receiving the email. The objection must be made in text form (email is sufficient). The email will inform the customer about the possibility of objection, the deadline and the consequences of inaction.

10. Final Provisions

10.1. These ToU are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, particularly of the state in which the customer as a consumer has their habitual residence, remain unaffected.

10.2. Should individual provisions of these ToU be wholly or partly invalid or void, the parties undertake to agree on a provision by which the intended purpose and meaning of the invalid or void provision are largely achieved.