General Provisions

These Terms of Service (hereinafter the “Terms”) govern your (hereinafter the “User” or “you/your”) access to and use of Where To? PRO (hereinafter the “Service”). Please read them carefully before using the Service. By registering to the Service you agree to be bound by these Terms.

The Service is provided by FutureTap GmbH (hereinafter the “Service Provider” or “we”).

The Service is an extension of the Where To? Application (Where To? app), which you can download at www.futuretap.com. You need an active version of this application to access the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”) using your iTunes account. Billing cycles are set either on a quarterly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FutureTap GmbH cancels it. You may cancel your Subscription renewal through your App Store account management page. Except when required by law, all paid Subscription fees are non-refundable.

Free Trial

FutureTap GmbH may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). At any time and without notice, FutureTap GmbH reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

FutureTap GmbH, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. FutureTap GmbH will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Cancellation

You may cancel your subscription by visiting the subscription management options within iOS. The cancellation of a subscription will go into effect at the end of your current billing cycle, and you will have the same level of access to the App through the remainder of such billing cycle. When your subscription ends, your account will enter free mode. No refunds or credits will be provided by us upon cancellation.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of FutureTap GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FutureTap GmbH.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by FutureTap GmbH. FutureTap GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that FutureTap GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

Limitation Of Liability

In no event shall FutureTap GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. FutureTap GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Applicable law and jurisdiction

The Terms and any disputes arising from or relating to the interpretation thereof shall be governed by German law only, with the exclusion of its conflict of law rules. The United Nations Convention on Contracts for the international sale of goods does not apply. For all disputes arising out of or related to these Terms the sole place of jurisdiction shall be the relevant court in Starnberg/Munich, Germany.

Contact Us

If you have any questions about these Terms, please contact us.