We, 6 Wunderkinder GmbH, Karl-Liebknecht-Straße 32, 10178 Berlin (“6Wunderkinder”; "we"), have developed the application "Wunderlist" ("Wunderlist") which can be downloaded at www.wunderlist.com and other domains or can be used online. Wunderlist is an organizational tool for managing and sharing lists and tasks. Wunderlist enables users to digitally organize private and business appointments, manage tasks, organize work, communicate and much more. Wunderlist can be used and operated quickly, fully and easily on devices throughout the world and on most conventional and current operating systems.
2.1 The purpose of this agreement is the paid or free of charge use of the Wunderlist applications, which can be retrieved via www.wunderlist.com 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 terminals or a web application. In which form and on which devices you can use Wunderlist is described at www.wunderlist.com. Wunderlist provides the following for the use of various different applications:
2.2 Wunderlist 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.
2.3 In the future, external development partners will be able to offer applications/features via Wunderlist which you can integrate into your Wunderlist profile. The price of these applications/features will be determined solely by the development partner. You will enter into the agreement for use for these applications/features solely with the development partner.
2.4 Wunderlist 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 Wunderlist is not available for maintenance reasons, we will duly inform you. Disruptions to Wunderlist 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 Wunderlist cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.
3.1 Downloading Wunderlist
3.2 Registration, Conclusion of a Contract
3.3 Concluding the Agreement
3.4 You may use all of the free features of Wunderlist free of charge. Using features that are not free of charge as a “PRO” user may incur charges.
3.5 You are responsible for keeping your password confidential. This means, that you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and that you take the necessary steps to guarantee its confidentiality. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via email at: email@example.com.
3.6 Rules for Using Wunderlist
3.6.1 When using Wunderlist 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 Wunderlist 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 Wunderlist violates the law, moral standards and/or the rights of third parties.
3.6.5 Content and texts posted on Wunderlist 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 Wunderlist 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 Wunderlist 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 Wunderlist. 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 Wunderlist. 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 Wunderlist, 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 Wunderlist actually has the identity she claims to have. We therefore cannot guarantee the correct identity of any user.
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 (6 Wunderkinder GmbH, Karl-Liebknecht-Straße 32, 10178 Berlin, 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
If you wish to withdraw from your contract, please fill out this sample withdrawal form and return it to:
￼6 Wunderkinder GmbH, Karl-Liebknecht-Straße 32, 10178 Berlin, 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:
5.1 We accept no responsibility for texts, content, images, data and/or information uploaded by you or other Wunderlist users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from Wunderlist. In particular, we give no guarantee that the content showed in Wunderlist 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 Wunderlist, you can report this to us at any time via this email address: firstname.lastname@example.org.
Certain features are only accessible to users who have registered as PRO users and who pay for PRO Accounts. You will find all the benefits and features of Wunderlist PRO Accounts on www.wunderlist.com/pro.
6.1 Payment and Invoicing
6.1.1 Payment for using Wunderlist PRO Accounts is made in accordance with the invoicing conditions selected by you. The price and discounts that apply and are accepted by all parties at the moment of transaction are indicated at: www.wunderlist.com/pro.
6.1.2 Prices of applications of third-party providers or external developers are determined explicitly by them.
6.1.3 Charges are due at the beginning of each invoicing period. If you have a subscription, it will renew automatically until you cancel. Every further payment will be due at the beginning of the new payment cycle.
6.1.4 All charges and prices stated include the applicable value added tax.
6.1.5 You may only offset invoices against legally determined or undisputed claims or right of retention. You may only assign claims arising from this agreement with our written consent.
6.2 Default of Your Payments
6.2.1 If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to block access to your Wunderlist PRO Account. If your account is considerably in arrears, we will be entitled to terminate the agreement without notice. A “considerably” is defined as the amount of one payment. In this case, you will remain obliged to reimburse the outstanding amount.
6.2.2 The amount of damage is to be set higher or lower if we or you are able to prove greater or lesser damage.
6.2.3 We reserve the right to assert further claims for default of payment.
7.1 Free Use of Wunderlist
7.1.1 The agreement on free use of Wunderlist 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).
7.2 Use of PRO Accounts
7.2.1 Depending on the PRO Account payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term ("Minimum Term Agreements").
7.2.2 Both parties may terminate the agreement at any time. If you change to another PRO Account category, this will not constitute termination. We will simply adapt the conditions of payment and your rights to your new PRO Account category.
7.2.3 Agreements with a minimum term will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand by deleting it in accordance with No. 7.1.2 or by downgrading it to free use. If you terminate or downgrade a PRO Account, the original agreements will run to the end of the agreed term and will not be renewed. Reimbursement of already-paid fees for the current term is not possible.
7.3 In addition, the agreement may be terminated for just cause. Just cause, which would entitle 6Wunderkinder 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.
8.1 We are only liable for defects in Wunderlist 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 Wunderlist 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 Wunderlist—other than those explicitly named in No. 8—will not be recognized except if we are held liable for them by statutory provisions.
9.1 Free Use of Wunderlist
Our liability for use of the free Wunderlist 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.
9.2 Use of the PRO Accounts for Payment
We will be liable as follows for use of PRO Accounts made available against payment:
9.2.1 Claims by users for compensation will not be recognized. Exceptions are: damages claimed by users for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these Terms and Conditions are those obligations that make the due performance of this agreement and the achievement of its objectives possible in the first place, and on the regular compliance of which the user may therefore rely.
9.2.2 Where essential contractual obligations are violated, we will only be liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused negligently, unless the damage claims by the user refer to cases of death or injury to body or health.
9.2.3 Claims in accordance with the German Product Liability Act will remain unaffected.
9.2.4 The restrictions of Sections 9.2.1 and 9.2.2 will also apply in favor of our legal representatives and assistants if claims are asserted against these parties directly.
10.1 This agreement shall be governed by the laws of the Federal Republic of Germany.