Terms and conditions

of

flygge UG (haftungsbeschränkt), 2022

1. Subject matter, validity and terminology
   1. These General Terms and Conditions (“GTC”) govern the business relationship between flygge UG (haftungsbeschränkt), with its registered office in Stuttgart, registered in the Commercial Register of the Stuttgart District Court under HRB 781991, (hereinafter referred to as “flygge”) and persons who use the flygge application defined below.
   2. The term “Application” used below includes the mobile and web applications and websites offered by flygge, together with the functions and content belonging to them, irrespective of the domains, systems, platforms and devices used.
   3. The term “content” as used in the following shall mean all content and information posted by Users within the application or otherwise transmitted to flygge, such as images, videos, texts, links, information on persons, places or tours.
   4. The term “function” includes individual service and application areas of the application together with the content belonging to these (e.g. the map display, upload of images, commenting on tours, etc.).
   5. “Users” within the meaning of these GTC are all persons who use the application provided by flygge.
   6. The terms used, such as “user”, are to be understood as gender-neutral.
   7. By using the application, its users agree to these GTC. Deviating terms and conditions of the Users shall not be recognized unless flygge expressly agrees to their validity, in which case a lack of objection shall not constitute consent.
2. Restriction to natural and adult persons
   1. The application may only be used by natural persons.
   2. Users who have not yet reached the age of 16 require the permission of their parents or legal guardians, which they confirm by registering.
   3. flygge reserves the right to request users to provide proper confirmation of these requirements.
3. Scope of services and changes
   1. The application includes various functions, some of which are freely accessible and some of which require registration, the conclusion of a premium membership or the purchase of certain function packages.
   2. Users are informed separately about the paid functions and the amount of the costs and must expressly agree to their purchase.
   3. The purchase of the paid functions takes place as a so-called “in-app purchase” within the respective app stores in which the application is offered (in particular Google’s Play Store and Apple’s App Store). The purchase process is handled directly between the respective user and the respective app store. The terms of payment, rights of withdrawal and other provisions of the respective app stores apply. The cancellation is also only made via the app stores.
   4. The functions offered as part of the application include, among other things, the provision of road and landscape maps (hereinafter jointly referred to as “maps”), for the creation and display of individual or already pre-planned tours with detailed route information (such as route profile, length of the respective tour, description of the tour in text and graphic form, photos and/or videos of the individually created or selected tour), as well as the acoustic and visual route guidance within the framework of the individually created or selected tour. In particular, flygge offers the possibility of individual tour planning by the user, the selection of tours already tailored to the user, as well as detailed route information related to the selected tour (e.g. route profile, length of the tour, textual tour description, photos and/or videos from the Trip).
   5. The services also include community functions that allow users to exchange information and share their content with each other and with the public.
4. Registration
   1. Each user may only register once and create only one user profile.
   2. There is no legal entitlement to registration to use the functions and content that require registration. Flygge therefore reserves the right, in compliance with the legal requirements for equal treatment of users, to reject a requested registration by notifying the user accordingly without giving reasons.
   3. By successfully completing the registration process, the user submits an offer to conclude the contract for the use of the functions that require registration. flygge accepts this offer by activating the user for the application.
   4. If the registration process is not completed, flygge is entitled to irreversibly delete the incompletely registered account, including all information previously provided by the user.
   5. When registering, the user provides flygge with a current e-mail address, which flygge may use to contact the user. The user ensures that the e-mail address is up to date and protects the access data for the application provided to him from unauthorized access by third parties.
5. Change in flygge’s scope of services
   1. The further development of the application is an essential part of flygge’s range of services. The further development includes, among other things, the adaptation to technical and legal progress and consideration of the user requirements for the use of the application.
   2. Within the framework of further development, flygge may change the application and its functions without this constituting a defect, provided this is reasonable for the user and the achievement of the purpose of the contract is not jeopardized as a result. In the case of users who are consumers, this applies in the case of paid services if,
      • The change is for the benefit of the user;
      • if the change serves to bring the services into line with the applicable law, in particular if the applicable legal situation changes;
      • if the change serves flygge to comply with mandatory judicial or official decisions;
      • the respective change is necessary to close existing security gaps;
      • if the change is of a purely technical or procedural nature without any significant impact on the user.
      • Changes with only an insignificant influence on previous functions do not represent changes in performance in this sense. This applies in particular to changes of a purely visual nature and the mere change in the arrangement of functions.
   3. The scope of services of the application and the offer from flygge corresponds to the information in the product descriptions ( https://flygge.eu ), these General Terms and Conditions or other contractual assurances from flygge. In addition to these contractually binding services, which include software features, flygge offers additional advantages to users, referred to as “added value”, on a voluntary basis. Added values can include bonus programs, cheaper tariffs or access to partner services. The added values can be provided according to the type of membership or the use of the application (e.g. depending on tariffs or selected languages). flygge points out that the offer of added value can be discontinued and terminated at any time. Flygge also points out that the services offered as part of the added value are provided by their respective providers and that further legal relationships in connection with the use of the added value are established exclusively between the users and the providers of the added value. In particular, flygge has no performance or warranty obligations with regard to these legal relationships.
6. coupons

If users are offered vouchers, discounts, premium cards or comparable added values, then the offer is made specifically to our users and can only be reserved for certain user groups or users. It is therefore not permitted to pass on the vouchers to other users or third parties and in particular to sell, barter or otherwise trade in the vouchers.

1. flygge display of ADAC Pincamp campsites
2. In our application, we display campsites operated by ADAC Camping GmbH, Hansastraße 19, 80686 Munich, hereinafter referred to as ADAC.
   1. flygge points out that all data, information, images and other details are the responsibility of ADAC.
   2. Any legal claims, also from third parties, arising from incorrect information about the campsites are ineffective against flygge.

1. temporary availability
   1. The user acknowledges that flygge cannot technically guarantee uninterrupted availability of its own website, third-party applications and/or individual flygge applications (e.g. recording of position data using GPS, visual and acoustic route guidance, evaluation of sensor data) and the user has no claim against flygge to such permanent availability. In particular, flygge reserves the right, at its own discretion, to restrict or temporarily suspend its applications for maintenance, security or capacity reasons.
2. Specifications for content and obligations of users
   1. flygge is not responsible for the content of the users and does not adopt this content as its own.
   2. flygge reserves the right not to publish or to reverse the publication of content or to otherwise block or delete the content to the extent permitted by law and taking into account what is reasonable for the user, in particular taking into account the data protection and personal rights of the user , if there are concrete objective indications that the content violates legal requirements, official prohibitions, the rights of third parties or morality. However, flygge is not obliged to check the content in advance.
   3. The user undertakes not to publish or forward any content that is illegal, in particular racist, pornographic, insulting or defamatory, or that violates the rights of third parties, in particular copyrights or copyright usage rights. Accordingly, the user is fully responsible for all content that he publishes and distributes via the flygge platform.
   4. If users upload images in which one or more people can be identified, their use is only permitted if the consent of the third party has been obtained or is permitted by law.
   5. If a user is informed or otherwise becomes aware that his content violates applicable laws, he must remove this content from the flygge platform immediately.
   6. If users can contact other users within the application, the users contacted must not be bothered (e.g. by advertising, requests with sexual connotations or repeated requests in the absence of an answer or the expressed wish not to be contacted).
   7. For United States users: Under the Federal Communications Decency Act of 1996, flygge is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content made available on the application.
3. Eligibility and Scope of Use
   1. flygge points out that users may only use the application for individual contractual purposes.
   2. In addition, users are not entitled to rent, lend, lease, sell or change the application or to make it accessible to third parties in whole or in part in any technical form or to allow third parties to carry out the aforementioned actions without the express written consent of flygge, whether for a fee or free of charge to allow. The above prohibitions are subject to mandatory legal requirements. Sublicenses may not be granted.
   3. It is not permitted to share the application with several people, for example by exchanging or otherwise distributing the access data among users. This also applies if the application is used by the people at different times. In the event of sufficiently certain knowledge of multiple use of the application, we reserve the right to block the user account. The user can object to the blocking.
   4. Users may only use the application via the input masks and interfaces provided. Actions that are likely to impair the functionality of the application, the software and the infrastructure (e.g. scripts, robots, crawlers) are prohibited. In particular, an excessive load is prohibited that is above the regular intensity and frequency of use to be expected from normal use of the application.
4. exemption
   1. The users indemnify flygge against all claims that third parties assert against flygge due to an infringement of their rights.
   2. In this respect, the users must also bear the costs of any necessary legal defence, including legal and court costs, at the statutory rate. Users will not be released if they are not responsible for the infringement.
5. Granting of usage rights by users
   1. The following granting of rights is non-exclusive, ie the users continue to retain their rights to their content.
   2. The users allow flygge to use their legally protected content free of charge if this is necessary for the contractual provision of the contractual services by flygge. In particular, this permission includes the right to reproduce user content and make it publicly accessible in order to store it on flygge’s servers, to create server backups or to make it accessible to other users as part of sharing functions do.
   3. The above right of use is free of charge, unlimited in time and place, non-exclusive and extends to all currently known types of use and includes, as far as technically applicable, the duplication, distribution, digitization, exhibition, presentation, broadcast, public access, public reproduction through image /sound/data carriers, storage in databases as well as analogue and digital use.
   4. flygge may commission third parties to exercise the above rights of use to the extent permitted by law (e.g. when commissioning a subcontractor).
   5. User content may be edited or redesigned while respecting personal rights (e.g. texts may be shortened and reproduced as teasers).
   6. In addition, flygge only exercises the rights of use in compliance with the contractual and statutory confidentiality and data protection requirements and rights of objection.
   7. The users also grant flygge the non-exclusive, temporally and spatially unrestricted right free of charge to use the data generated by them for the tours, such as location and movement data on routes as well as information on localities in an anonymous form, even after termination by the user reproduce, distribute, publish, otherwise process, use and use or make them available to third parties free of charge or for a fee.
6. Für US-amerikanische Nutzer (For United States users): Trademarks and Intellectual Property
   1. Trademarks. flygge and all other graphics, logos, page headers, button icons, scripts, service names and other content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or our subsidiaries, officers, employees, independent contractors, suppliers, representatives, licensors, licensees, successors, assigns, agents, partners, or other affiliates (collectively “Affiliates”) in the United States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on the application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or any of our Affiliates.
   2. Copyright. Except for content under license to us, we claim copyright and all copyright protection afforded, under international law and United States law relating to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other content on the application. The compilation of all content on the application is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international law and United States law to all material described in the trademarks section above. Your access to all information and content located on the application is strictly permitted through the license granted to you under these Terms. Except for the license granted to you and for the licenses granted to us in these Terms, all rights, title, and interest in content, in all languages, formats, and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ourselves and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or otherwise exploiting any content available on or through the application without our prior written permission, or in the case of content owned by a third party, without first receiving permission from the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
   3. Infringement Claims. We respect the intellectual property of others and ask that users do the same. In connection with the application, we have adopted and implemented a Digital Millennium Copyright Act (“DMCA”) policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination of a user’s ability to use our application, in appropriate circumstances, if we determine that a user is infringing on the intellectual property rights of others. If you believe that a user is, through the use of the application, unlawfully infringing by submitting unauthorized content, and wish to have the allegedly infringing or unauthorized material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512) must be provided to our designated copyright agent (“Designated Agent”): your physical or electronic signature; identification of the works or rights that you claim to have been infringed; identification of the content on the application that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such content; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable content is not authorized by the copyright or other rights owner, its agent, or the law; and a statement that the information in the notification is accurate, and that, under penalty of perjury, you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner. Note that, pursuant to 17 U.S.C. § 512, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
   4. Our Designated Agent is:

      Sebastian Grimm
      flygge UG (haftungsbeschränkt)
      Seyfferstraße 34
      70197 Stuttgart (Germany)
      Email: support@flygge.eu

7. Careful selection of a tour by the user, principle of personal responsibility
   1. The user is aware that driving on a tour individually created by him or a selected tour depends primarily and above all on his personal driving skills, the means of transport used in each case, as well as other external and internal influences (weather, traffic situation, physical condition). The user bears the sole responsibility for selecting the respective tour and riding on the respective tour in accordance with the aforementioned requirements.
   2. Accordingly, flygge accepts no responsibility and liability for
      • the user has sufficient physical and mental abilities to drive on the tour selected by him/her with the car or other vehicle used by him/her;
      • the equipment carried by the user is suitable for driving on the tour selected by him;
      • the prevailing weather conditions allow the tour selected by the user to be driven on;
      • route information and current location information is accurate;
      • the use of the visual and acoustic routing or navigation according to the relevant rules of the Road Traffic Act is only permitted under the conditions and technical aids specified there;
      • the recording of sensor data by the end device used by the user may require a corresponding holder on the respective vehicle, whereby the user must observe the technical information and manufacturer specifications as well as legal requirements.
   3. The user is also aware that individual tours suggested by flygge – for whatever reason – may be subject to temporary or long-term closures (e.g. by the local authorities due to natural phenomena, traffic disruptions of all kinds, etc.). It is therefore the sole responsibility of the user to pay sufficient attention to local (official) orders regarding the closure of a tour and warnings (e.g. on the Internet, radio and TV about natural phenomena, traffic disruptions of all kinds, etc.) and to adjust their behavior accordingly.
   4. The user is aware and aware that the rules of the road (particularly the StVO) take precedence over any route arranged by flygge.
   5. flygge accepts no liability or responsibility for the content that users or other third parties have uploaded to flygge’s system or forwarded via it and that is publicly accessible via flygge’s or third parties’ websites, including the end devices connected to them (e.g. mobile phones) or for others users are available. In particular, flygge also does not guarantee that the content provided by a user for use by other users is correct and complete. Use of Third Party Content may be subject to additional terms and conditions, which User may review from time to time.
   6. The following provisions on flygge’s liability remain unaffected by the above provisions of this clause.
8. flygge liability
   1. For all users, except for US American users: flygge is only liable for damage caused to users as a result of a slightly negligent breach of duty for which flygge is responsible if the damage is foreseeable and typical for the type of service and is caused directly by the breach of duty was brought about. In particular, liability for data loss is limited to the typical recovery effort that would have occurred if backup copies had been made regularly and in accordance with the risk. If the slightly negligent breach of duty is not of essential importance for the achievement of the purpose of the contract, flygge’s liability is excluded.
   2. For all users, except for US users: The above limitations of liability also include any claims by the user for reimbursement of such expenses that he has made and was reasonably entitled to make in reliance on receiving a contractual service. On the other hand, flygge is fully liable to users for damages resulting from injury to life, limb or health that are based on an intentional or grossly negligent breach of duty by flygge or its legal representatives or vicarious agents, as well as for other damages that are based on an intentional or grossly negligent breach of duty or fraudulent intent by one of the aforementioned persons. In addition, flygge is fully liable to users for damages that are covered by liability under mandatory statutory provisions and in the event that flygge assumes a guarantee. Unless otherwise stated in the provisions of this section, any liability on the part of flygge — for whatever legal reason — is excluded.
   3. Für US-amerikanische Nutzer (For United States users): TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (A) THESE TERMS, (B) CONTENT AND/OR YOUR USER CONTENT, (C) THE APPLICATION, AND/OR (E) ANY ASPECT OF THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed an amount greater than $125 USD. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
   4. Für US-amerikanische Nutzer (For United States users): You agree to indemnify, defend, and hold harmless us and our affiliates from and against any and all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the application; any infringement of a third party’s rights (including but not limited to intellectual property rights); a breach of a representation or warranty made by you; your user content; any defamatory, offensive, fraudulent, or illegal use of the application by you; any improper disclosure of content by you; and any violation by you of these Terms, our Privacy Policy, any of our other Policies.
   5. Für US-amerikanische Nutzer (For United States users): TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR ACTUAL AND/OR CONSEQUENTIAL DAMAGES, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO (A) THE APPLICATION, (B) CONTENT, AND/OR YOUR USER CONTENT, AND/OR (C) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE APPLICATION. FURTHER, IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY FACT RELATING TO ANY MATTER COVERED BY THESE TERMS MAY BE FOUND TO BE OTHER THAN NOW BELIEVED TO BE TRUE, AND ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE HAD UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW.
9. warranty
   1. flygge endeavors to keep the application available as constantly as possible. However, the user acknowledges that 100% availability of the application is not technically feasible. In particular, maintenance, security or capacity issues as well as events that are beyond flygge’s control (e.g. disruptions to public communication networks, power failures, etc.) can lead to brief disruptions or the temporary unavailability of the application.
   2. For users who are entrepreneurs, the commercial inspection and notification requirements apply. Claims due to defects expire in twelve months in the case of users who are entrepreneurs, unless the defect was fraudulently concealed.
   3. Otherwise, the statutory warranty applies.
10. sanctions
    1. Since the integrity and functionality of the application is of essential importance, sanctions will be imposed on users if and to the extent that there are concrete indications that users violate statutory provisions, the rights of third parties, morality and/or these GTC.
    2. When choosing the sanction to be imposed, flygge will include the factual circumstances and legitimate interests of the affected user in the decision and also take into account, among other things, whether the misconduct was not the fault of the user or whether the violation was culpable.
    3. The following graduated sanctions are available to flygge:
       • Deletion of Content.
       • User warning.
       • Restriction/restriction on the use of the application.
       • temporary blocking of a user.
       • final blocking/termination of a user, possibly combined with a house ban.
    4. The provisions on flygge’s right of termination set out in the following section remain unaffected.
11. Termination of User Agreement, Termination
    1. The registered user is entitled to terminate the contract concluded with flygge for the use of flygge’s applications at any time.
    2. flygge, on the other hand, is only entitled to ordinary termination of the user contract concluded with the user concerned with a notice period of two weeks. This does not affect flygge’s right to extraordinarily terminate the contract of use concluded with the user concerned if there is an important reason with immediate effect. An important reason for the extraordinary termination on the part of flygge is, for example, if flygge has become aware that the user concerned has behaved or is behaving illegally when using the flygge platform, in particular if content in the system violates the property rights of third parties hired by flygge and/or registered with multiple profiles.
    3. The notice of termination must be given at least in text form. The deletion of the application from the user’s device does not constitute a declaration of termination.
    4. We would like to point out that the termination can be made by users directly in their profile area in the application or otherwise by e-mail. If the user has to provide proof of the effectiveness of the termination or if the use of the electronic options is not reasonable, they have another way of termination in text form.
    5. It is the user’s responsibility to back up their data before the end of the contract in the event of termination. flygge is entitled to irretrievably delete all of the user’s data stored during the contract period.
    6. With the termination, all personal content of the user will be deleted. Shared content or comments are excluded out of consideration for other users, so that conversations, advice, etc. do not lose their meaning or are reversed. In this case, however, this content is made anonymous by removing the names of the users. Users have the right to request the deletion of the remaining personal data.
12. Change of Terms and Conditions
    1. flygge reserves the right to change the GTC at any time with effect for the future, unless this is not reasonable for the user. In the case of users who are consumers, flygge is entitled to change the GTC in the following cases:
       • if the change serves to bring the GTC into line with the applicable law, in particular if the applicable legal situation changes;
       • if the change serves flygge to comply with mandatory judicial or official decisions;
       • if completely new services on the part of flygge or service elements as well as technical or organizational processes require a description in the GTC;
       • if the change is only beneficial to users.
    2. In such a case, flygge will send the changed GTC to the e-mail address stored by the user at flygge at least two weeks before they come into effect or inform the user within a dialog within the application.
    3. If a user does not object to the new GTC within a period of two weeks after receiving the e-mail or after reading the changed GTC within a dialog within the application, the changed GTC are deemed to have been accepted by him. flygge will inform users of the consequences of failing to object in the change notification.
    4. If the user objects to the validity of the new terms and conditions within the period, flygge remains authorized to terminate the contractual relationship with the user with one week’s notice.
    5. The users can also agree to changed terms and conditions by means of an express declaration of consent.
13. For United States users: Compliance
    1. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the application, regardless of your geographic location. We will cooperate with law enforcement agencies in any investigation of alleged unlawful activity of which we are made aware of regarding the use of our application and may contact law enforcement if we are made aware of any use of our application which potentially violates any applicable laws, statutes, ordinances, or regulations. We make no representation that the application is operated in accordance with the laws or regulations of, or governed by nations other than the Federal Republic of Germany. By accessing the application you certify that you meet your country’s and our express age and other eligibility requirements for use of the application. Those who access or use the application do so of their own volition and are entirely responsible for compliance with applicable law.
14. Final Provisions
    1. The contractual relationship with flygge is not transferable to other persons or companies.
    2. In the case of entrepreneurs, the law of the Federal Republic of Germany applies as long as there are no mandatory statutory provisions to the contrary.
    3. The place of performance for users who are entrepreneurs is Stuttgart. The place of jurisdiction is Stuttgart if the user is a merchant, a legal entity under public law or a special fund under public law or if the user does not have a general place of jurisdiction in the Federal Republic of Germany. flygge reserves the right to choose another legal place of jurisdiction.
    4. For United States users: We are an independent contractor only. These terms do not create any employer-employee, agency, joint venture, or partnership relationship.
    5. For United States users: If the application is being acquired on behalf of the United States Government, then use, duplication, or disclosure of our application by the United States Government is subject to restrictions set forth in these Terms and as provided in the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement, as applicable.
    6. The contract languages are German and English.
    7. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . flygge is not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

HRB 781