Mematic Terms of Use

The following General Terms and Conditions provide the legal framework for using the Mematic App and the Mematic website. Therefore please carefully read these General Terms and Conditions.

1. Contract partners and contract subject matter

These General Terms and Conditions provide the basis for the user agreement resulting between you and Theodor Müller, Susannenstr. 4, 20357 Hamburg (hereinafter “The Provider”, “Us” or “We”). The contract subject matter is the free or paid use of services offered by Us on the Mematic App (the “App”), or on our website www.mematic.net (hereinafter together with the App collectively referred to as “Services”).

2. Additional terms and conditions

We reserve the right to make your use of certain Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.

If you use the Mematic App and you have downloaded the Mematic App from the app store of a third party, the general terms and conditions and/or terms of use of the app store will apply in addition to these Terms of Use. In case of the iTunes store, such terms include, for example, the “End User License Agreement for Licensed Applications” (which you will find at http://www.apple.com/legal/internet-services/itunes/ww/). You will find the terms of use for Google Play, for example, at https://play.google.com/intl/en/about/play-terms.html. Please be sure to review the terms of use that apply in your country.

In the event of any conflicts, these Terms of Use will prevail.

3. Updates

We may, from time to time, release new versions of our App (“Updates”), release new tools, or introduce new services and/or features for the Service, which will be subject to these Terms, and any additional terms of service as may apply to such additional versions, tools, services, or features.

We reserve the right to suspend, discontinue, withdraw, take down, revise, limit or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will take into account your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.

You agree that we have no obligation to provide any Updates or continue to provide or enable any particular features or functionalities of the App to you.

4. In-App Purchases and Subscriptions

We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services.

4.1 Subscriptions

You can subscribe for access to all Pro features offered within Mematic. Subscriptions are billed monthly (“Mematic Pro Monthly”) or annually (“Mematic Pro Yearly”) at the rate selected depending on the subscription plan.

While you are subscribed, all Pro features in the app are unlocked. The Pro features may include, for example, access to additional fonts, text colors, a custom color mixer, and the removal of advertisements from the App.

Your subscription will be charged through your iTunes Account at confirmation of purchase. Your subscription automatically renews unless you turn it off in Account Settings at least 24 hours before the end of the billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage the subscription, and turn off the auto-renewal by going to your Account Settings after purchase. Any unused portion of a free trial period will be forfeited if you purchase a subscription. By using this app, you agree to our privacy policy and to our terms of use.

5. Third-party content or services

Our Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or our Services may enable you to use additional services of third parties. We strive to design our Services in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.

This app may display, include or make available content (including images, videos, gifs, and other data and information) that may be subject to copyright and other intellectual property rights under the law. This content is provided to you AS IS for your information and personal use only. You use this content at your own risk and discretion.

5.1 Template Collections

Our App may offer functionality to add links to collections of media content (“Template Collections”), which can then be viewed and used in the App. These Template Collections are, unless explicitly specified otherwise, third-party services not provided, controlled or reviewed by us, and the above disclaimer for third-party content or services applies. Template Collections may be offered by third parties unknown to us, and you bear the entire risk as to selecting these services for your purposes and as to the quality and performance of these services.

6. Copyright and Notice & Takedown Policy

We respect the intellectual property rights of others and expect users of the Service to do the same.

6.1 User Content

You are solely responsible for your use of the Service and any content (including images, videos, gifs, and other data and information) that you create, share or upload via the Service (together, “User Content”), whether privately transmitted or made publicly available. Any User Content is owned and controlled solely by you.

6.2 Notice & Takedown Policy

If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the content that you claim is infringing and exact details of where on the Service the content that you claim is infringing was found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Your notice should be sent to us by email to legal@trilliarden.net or by mail to the following address:

Theodor Müller, Susannenstr. 4, 20357 Hamburg, Germany

If you discover any content on the Service that you believe infringes any of your other proprietary rights (including but not limited to trademarks, or rights of personality), please report this by following the above guidelines and send your notice to legal@trilliarden.net or by mail to the above mentioned postal address.

7. Advertising

The Service may contain advertising and we may display advertising to you in conjunction with your use of the Service.

8. Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to the App shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

9. Privacy

All personal data that you provide to us in connection with your use of the Service is collected, used and processed by us in strict accordance with applicable data protection laws and our Privacy Policy.

10. Liabilities

The Provider assumes liability in accordance with the legal regulations, with the following qualifications: If damage suffered by the User results from the loss of data, the Provider shall not be liable if the damage would have been avoided if the User had regularly and completely saved all relevant data. The Provider’s liability for damage that is not covered by this kind of contract and for unforeseeable damage is excluded. This does not apply if the damage concerns life, the body, or health, was caused intentionally or because of gross negligence, has resulted from the lack of a guaranteed property or from the culpable breach of an essential provision of the Agreement whose performance is required for the proper execution of the Agreement and on whose compliance the contractual partner may typically rely (cardinal duties). Nor does this affect liability according to the Product Liability Act.

11. Changes in the Functions, Assumption of Contract

The Provider has the right to transfer its rights and duties under this Agreement, in whole or in part, to a third party. In this case an update of the App will be published with all the necessary information. If the User downloads the update, he or she can continue to use the App on the terms of the third party. If the User does not download the update, the App can no longer be used after seven days. The User has the right to cancel the license agreement at any time.

12. Closing Provisions

The laws of the Federal Republic of Germany shall apply exclusively to the contractual relationship between the User and the Provider and to these Terms of Use. The application of the German International Private Law is excluded.

The mandatory consumer protection regulations which apply in the country where the User usually resides remain applicable if they offer the User more comprehensive protection.

If the User is an entrepreneur as defined by the German Civil Code (BGB), a legal person under public law, or a corporate body under public law, the Provider’s place of business in Hamburg shall be the sole place of jurisdiction for any and all disputes arising from the license agreement or these Terms of Use.

Last revised: November 23rd, 2022