Terms and Conditions for Using the “HörBär” App
The “HörBär” application (the “App”) is software designed by provider Benjamin Rudhart as an iOS/iPadOS app for private end users.
Scope
These Terms and Conditions apply to all use of the App by private customers. A private customer is any natural person who is not acting in the course of a trade, business, or independent professional activity, or as a representative of a legal entity, and who uses the digital service of the App on their iOS and/or iPadOS device (the “User”).
Offer and Contract Formation
The App is offered with and without a subscription (“Subscription”). Without a Subscription, the User can only access limited features.
Full use of the offered services requires the conclusion or purchase of a Subscription.
The contractual relationship between the provider and the User is based on the User’s consent in the App Store.
As soon as an active Subscription exists, the User has access to the service package described below.
Services / Subject Matter
The provider makes a digital application available to the User that allows the User to:
- search for and find audiobooks and audio dramas in the Apple Music catalog
- receive notifications on the device about new releases
- play and resume audio dramas
Personal data (for example, playback progress and favorites) is stored locally on the User’s device.
User Requirements
The App may only be used by the User for the intended use defined by the provider and within the App.
The User is responsible for the hardware required to use the App and for keeping it operational. This includes a stable internet connection and internet access.
The User agrees to install software updates promptly when available and, where required, to follow provider instructions to prevent or mitigate problems or limitations related to the App.
Availability
For as long as the App is provided, the provider ensures that the functionality of the application is maintained, in particular through software updates and related user information.
Due to technical developments and App Store requirements, the provider is entitled to make changes to the App at any time.
The provider cannot guarantee uninterrupted availability of the App. In particular, the App may be temporarily unavailable during bug fixes, updates, maintenance, or other work.
The provider is also not responsible for outages or inaccessibility of the App not caused by the provider. This includes, in particular but not limited to, hacker attacks, viruses, trojans, and other malware on the User’s device, provided these are not caused by the App.
Content Backup
After a Subscription ends, the User can no longer play additional audio dramas. Content is stored only on the User’s own device. After the Subscription ends, the last updated state remains visible there.
Prices / Payment Terms
Payments are processed in the App Store through the User account. The provider reserves the right to change prices at any time. If prices change during an active Subscription, the affected User is not required to pay changed prices until the end of that Subscription period. If the User purchases a new Subscription afterward, the new prices apply. Payment terms are variable and always as currently shown in the App Store.
Refunds of payments already made by the User are excluded by the provider. The terms and conditions of the store provider apply.
Right of Withdrawal
The right of withdrawal, its consequences, exclusions, and expiration are governed by the terms and conditions of the store provider.
Warranty / Limitation of Liability
Defects subject to warranty are remedied at the provider’s discretion. A price reduction is not granted.
Partial data loss is avoided where possible but cannot be fully excluded. No liability is assumed for this.
The provider’s liability is excluded to the extent permitted by law.