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iBrewCoffee

Terms and Conditions

The following Terms and Conditions (“Agreement”) provide the legal framework for using the iBrewCoffee website https://www.ibrew.coffee and the iBrewCoffee mobile application(s) (hereinafter collectively the “iBrewCoffee Services” or the “Services”).

This Agreement is legally binding between You (“User”, “You” or “Your”) and iBrewCoffee (“We”, “Us” or “Our”). By accessing and using the Services, You acknowledge that You have read, understood, and agree to be bound by the terms of this Agreement. If You are entering into this Agreement on behalf of a business or other legal entity, You represent that You have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If You do not have such authority, or if You do not agree with the terms of this Agreement, You must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between You and Us, even though it is electronic and is not physically signed by you, and it governs Your use of the Services.

Additional terms and conditions

We reserve the right to make Your use of certain iBrewCoffee Services subject to additional terms and conditions. If You use iBrewCoffee Services via the iBrewCoffee mobile application and You have downloaded the iBrewCoffee mobile application from the app store of a third party, the terms and conditions and/or terms of use of the app store will apply in addition to these Terms and Conditions. In case of the Apple App Store, such terms include, for example, the “End User License Agreement for Licensed Applications” (which You will find at https://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/de_de/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.

Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, services, text, graphics, and logos) are reserved to iBrewCoffee or to their respective owners and protected by international copyright laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of iBrewCoffee is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

iBrewCoffee disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by iBrewCoffee “AS IS,” without warranty of any kind, either expressed or implied.

User content

We do not own any data, information or material (collectively, “Content”) that You submit in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content submitted or created using Our Services by you. You grant Us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of Your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, We have the right, though not the obligation, to, in Our own sole discretion, refuse or remove any Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful or objectionable. You also grant Us the license to use, reproduce, adapt, modify, publish or distribute the Content created by You or stored in Your user account for commercial, marketing or any similar purpose.

Accuracy of information

Occasionally there may be information in Our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in Our Services is inaccurate at any time without prior notice (including after You have submitted Your order). We undertake no obligation to update, amend or clarify information in Our Services including, without limitation, pricing information, except as required by law.

Accounts and membership

If You create an account in the iBrewCoffee application, You are responsible for maintaining the security of Your account and You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before You may sign in and start using the Services. Providing false contact information of any kind may result in the termination of Your account. You must immediately notify Us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete Your account (or any part thereof) if We determine that You have violated any provision of this Agreement or that Your conduct or content would tend to damage Our reputation and goodwill. If We delete Your account for the foregoing reasons, You may not re-register for Our Services. We may block Your email address and Internet protocol address to prevent further registration.

You do not have to open an account to use Our Services, some functionality is available without having an account. However, a binding contract will result at the moment You click on the “Install” button in the store and when You have entered Your password for the app store, if required.

iBrewCoffee service overview

iBrewCoffee lets You save details and photos about various specialty coffee products (packages of coffee beans) and details about brews You make from these products. iBrewCoffee also offers, among other services, regular backup of Your entries and photos, and exporting Your brews to custom coffee journal PDF pages.

You may download and use the iBrewCoffee application free of charge. When You download and use the application, in particular through third-party networks or in other countries, You may incur transmission charges of Your Internet service provider.

We strive to provide You with uninterrupted operation of the iBrewCoffee Services and to make those services available as continuously as possible. We advise You however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.

Our applications are continuously updated and adjusted for Your security and for the stability of Our applications. As a result, system requirements may change. We assume no obligation to make available to You any application (such as iBrewCoffee application) that will be functional on Your terminal device at all times, if functionality on Your terminal device should be limited by technological changes.

We reserve the right to change Our business model at any time and, for example, to provide any or all iBrewCoffee Services only in exchange for payment. You will then have the option to decide whether You wish to continue using the iBrewCoffee Services in exchange for payment or stop using the iBrewCoffee Services. Any such changes will have no effect on existing subscriptions until the end of the contract term.

Billing and payments

You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services You have subscribed for, You will be charged automatically in accordance with the term You selected. Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures. We reserve the right to change products and product pricing at any time.

You can activate additional services by purchasing a paid subscription. If You purchase additional services through iBrewCoffee application, a subscription agreement will result when You click the “Buy Now” button during an in-app purchase or a comparable button and when You have entered Your password for the app store, if required.

If You want to purchase a subscription by in-app purchase through iBrewCoffee application, You will pay for the service through the account with Your app store. Therefore please contact Your app store if You want to correct any input errors.

Contract terms

The user agreement between You and Us that results when You download the iBrewCoffee application will remain in effect for an indefinite term and will end when You delete the iBrewCoffee application and terminate the user agreement.

Our subscriptions have different minimum contract terms. All subscriptions will be automatically renewed for the time period of the selected minimum contract term until either You or We terminate the subscription. You may however opt out of the automatic renewal of Your subscription at any time by choosing the appropriate settings in the account with Your app store.

Right of revocation

In some countries You have a legal right of revocation. This is the case, for example, in all countries of the European Union. You can find out whether You have a legal right of revocation by referring, for example, to the terms of use of Your app store. Please refer to those terms of use to find out to what extent You have such rights. In the United States, for example, You have no right of revocation.

If You have a legal right of revocation, please read the following information about how You can exercise this right and what revocation will mean for you.

Information about revocation

If You have a legal right of revocation, this right will come into existence as soon as You enter into a user agreement or subscription agreement with us.

You may revoke the contract within 14 days of the contract date for any or no reason, in which case the contract will be unwound.

To exercise Your right of revocation, You must clearly notify that You no longer wish to be bound by the contract. For this purpose You may, but do not have to, use the attached standard revocation form. Any clear notice will suffice. If You exercise this option, We will confirm receipt of Your notice of revocation (e.g., by e-mail). Your notice of revocation will be timely as long as You send it before the revocation period has expired. Please address any notice of revocation to the following e-mail address: support@ibrew.coffee.

Consequences of revocation

If You revoke the contract, the contract will be unwound. You will receive a refund for any payments You have already made for the revoked contract. We will issue the refund at the latest 14 days after We receive Your notice of revocation. The refund will be made by the same method You used for the original transaction, unless We expressly agree otherwise with you.

If You have requested that services begin during the notice period for revocation, You must compensate Us in a reasonable amount for any services You have already received. This will be a prorated amount of the total amount due for the booked service, based on the time period from the start date of service until the date You provide Us with notice of revocation.

Standard form for notice of revocation

You may use the following form for Your notice of revocation. You can simply send Us an e-mail to support@ibrew.coffee.

You can copy and paste into an e-mail the following text for Your notice of revocation:

I/We (*) hereby revoke the contract for the purchase of the following product (*)/the following service (*) made by me/Us (*):
Ordered/received on (*)
Name of consumer (……)
Address of consumer (……)
Signature of consumer (……)
Date
(*) please delete inapplicable alternative

Termination

User agreement

You may cancel Your user account at any time for any or no reason and thereby also terminate Your user agreement in its entirety. To do so, You must:
a) send Us an e-mail to support@ibrew.coffee, so that We can erase Your user data,
b) or initiate account deletion via the iBrewCoffee mobile application.

Please note that after Your user account has been canceled all content data will or may be erased by Us and You will no longer have access to content You have already purchased.

If at the time You cancel Your account You still have a valid subscription, any amount You may already have paid for the subscription will not be refunded – either in whole or in part. We have the right to terminate the user agreement for any or no reason in text form with two weeks’ prior notice, however not before the end of the minimum contract term or the end of the applicable renewal term of Your subscription.

Subscriptions

You may terminate Your subscription at any time for any or no reason effective as of the end of the minimum contract term or the end of the applicable renewal term.

Subscriptions purchased by in-app purchase must be canceled by changing the appropriate settings in the app store where You bought the subscription. If Your subscription fee is collected by iTunes, We ask, notwithstanding the above, that for technical reasons You comply with a notice period of 24 hours to the end of the minimum contract term or the end of the respective renewal term. After cancellation of Your subscription Your user account and any other subscriptions will continue unless and until You also cancel such additional subscriptions.

Current in-app subscriptions cannot be terminated during the contract term. We have the right to cancel any subscription at the end of the minimum contract term or the end of the applicable renewal term by providing You with two weeks’ prior notice in text form.

Termination for good cause

Irrespective of the foregoing provisions, either party has the right to terminate contracts for good cause. In particular, We have the right to terminate the user agreement or Your subscription with immediate effect and to cancel Your user account if You have seriously or repeatedly breached provisions of the user agreement and/or these Terms and Conditions or if You are behind with payment despite demand.

Rights and obligations of the User

The iBrewCoffee Services are offered exclusively to consumers. This means You may not use the iBrewCoffee Services for business or other commercial purposes.

You may not allow any third parties to use Your user account, make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes; circumvent any access control systems for paid services or take any other action to use services without authorization; introduce into Our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the iBrewCoffee Services; or transfer or assign any rights or obligations under Your contract with Us to any third parties. When using the iBrewCoffee Services You must also comply with the terms of contracts with third parties, in particular contracts with the app store or Your Internet service provider.

To guarantee smooth communication with you, We ask that You include Our e-mail address in the list of trusted senders at Your email provider.

Prices and payment terms

Prices

Our prices differ from country to country. If You decide to purchase a subscription, the price that counts for You will be shown in the iBrewCoffee application.

We reserve the right to change prices at Our sole discretion. Any price changes will however have no effect on subscriptions You have already purchased.

Collection of fees

Fees for a subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through app stores; in that case, the fee will be usually collected already 24 hours prior to the beginning of the applicable billing period.

Payment methods

If You book paid iBrewCoffee Services by in-app purchase, You will be charged by the app store. Please inquire with the app store which payment methods are available to you. If payment is declined for reasons for which You are responsible (e.g., because the amount paid is not covered by funds in Your account or because the limit of Your credit card has been exhausted), We have the right to charge You for any costs and/or expenses actually incurred by Us as a result.

Backups

We may perform regular backups of the Content, however, these backups are in no way guaranteed. You are responsible for maintaining Your own backups of Your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do Our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Although the Services may link to other resources (such as websites, mobile applications, etc.), We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which You access through a link in the Services. Your linking to any other off-site resources is at Your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, You are prohibited from using the Services or Content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicioUs code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet;
  • to spam, phish, harm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • or to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate Your use of the Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

This Agreement does not transfer to You any intellectual property owned by Us or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Us. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Us or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants You no right or license to reproduce or otherwise use any of Our or third party trademarks.

Personal data

We will process Your personal data in compliance with Our Privacy Policy. The Privacy Policy regulates and discloses, in particular, to what extent Your personal data will be viewable by other users and what options You have to control transfers of Your personal data. In addition, We will inform You in detail how and where We process or cause third parties to process Your personal data. By entering into the user agreement with Us You expressly consent to the foregoing provisions. Your legal rights of revocation remain unaffected.

Disclaimer of warranty

You agree that iBrewCoffee Services are provided on an “as is” and “as available” basis and that Your use of the Services is solely at Your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet Your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do We make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at Your own discretion and risk and that You will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by You from Us or through the Services shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will We, Our affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, Our aggregate liability and Our affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by You to Us for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Us and Our affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, Your use of the Services or any willful misconduct on Your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Czech Republic without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the Czech Republic. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the Czech Republic, and You hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of Your rights or obligations hereunder, in whole or in part, without Our prior written consent, which consent shall be at Our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the iBrewCoffee mobile application and other iBrewCoffee Services at any time, effective upon posting of an updated version of this Agreement in the iBrewCoffee mobile application. When We do, We will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute Your consent to such changes.

Acceptance of these terms

You acknowledge that You have read this Agreement and agree to all its terms and conditions. By accessing and using the iBrewCoffee Services You agree to be bound by this Agreement. If You do not agree to abide by the terms of this Agreement, You are not authorized to access or use the iBrewCoffee mobile application and Services.

Contact

If You have any questions or comments, please contact Us at legal@ibrew.coffee. Please, also see our Privacy Policy.

This document was last updated on November 1, 2020