These conditions regulate the use of the SIMPLEKCAL app. They apply regardless of whether they are used free of charge or for a fee.
In the relationship between KIMODU GmbH (hereinafter "provider") and the user (hereinafter "user"), only the following conditions apply in their version valid at the time of use or at the time of acquisition.
The “SIMPLEKCAL app” is understood to mean the “SIMPLEKCAL” program sold under the name “SIMPLEKCAL”. This program can be installed and operated on Apple iOS devices.
The terms "consumer" and "entrepreneur" are understood here in accordance with the legal definitions in §§ 13, 14 BGB. Accordingly, the user is a "consumer" insofar as the use or purchase of the SIMPLEKCAL app cannot primarily be attributed to his commercial or independent professional activity. In contrast, "entrepreneur" is understood to mean any natural or legal person, or a legal partnership that is associated with the Use of the SIMPLEKCAL app or when concluding the contract in the exercise of their commercial or independent professional activity. “Marketplace” means the shops (stores) of marketplace operators such as Apple (“App Store”) in which users can use SIMPLEKCAL - Select the app and download it for installation.
The SIMPLEKCAL app can be operated for free or for a fee. When installing via the Apple marketplace - the app is always free of charge. A chargeable use always requires a separate, express consent of the user in the SIMPLEKCAL app ("in-app purchase").
Use of the SIMPLEKCAL app; In-app sales
No registration or user account is required to use the SIMPLEKCAL app.
If the user would like to use the function for direct tracking via the Apple Watch in the paid version of the SIMPLEKCAL app, he can upgrade or expand the app by means of a so-called "in-app purchase". The specific procedure can be found in the conditions of the marketplace operator. The purchase contract takes place according to the conditions of the respective marketplace. These conditions also determine whether the purchase contract is concluded between the user and the marketplace or between the user and KIMODU GmbH.
In-app purchases are billed via the respective marketplace. The terms of payment specified by the respective marketplace operator apply.
Warranty for defects, guarantee
As far as the purchase contract between the provider and the user is concluded, the provider is liable for defects in the app in accordance with the applicable statutory provisions, in particular in accordance with the general regulations of §§ 434 ff. BGB. For entrepreneurs, the warranty period for the app provided by the provider is twelve months.
Claims of the user for damages are excluded. Excluded from this are claims for damages by the user due to injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of essential contractual obligations, the provider is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless it concerns claims for damages by the user resulting from injury to life, limb or health.
The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
Right of withdrawal
If the contract is concluded with the provider (and not with the marketplace operator), the user has a statutory right of withdrawal vis-à-vis the provider himself, which is explained below. The exceptions to the right of withdrawal are regulated in paragraph 3. A sample cancellation form can be found in paragraph 4.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us (KIMODU GmbH, An der Flur 5d, 85604 Zorneding, Germany, email@example.com) about your decision by means of a clear declaration (e.g. a letter sent by post, fax or email) to revoke this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you cancel this contract, we have to repay all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment.
The right to revoke a purchase via the SIMPLEKCAL app expires if the provider starts executing the contract, i.e. has started to provide the paid functions of the SIMPLEKCAL app after the user has expressly agreed that the provider will begin executing the contract before the expiry of the cancellation period and has confirmed his knowledge that he has given his consent to the start of execution of the contract loses his right of withdrawal.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: firstname.lastname@example.org
- To: KIMODU GmbH, An der Flur 5d, 85604 Zorneding, Germany
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable
The law of the Federal Republic of Germany applies to contracts between the provider and the user, excluding the UN sales law. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the user has his habitual residence as a consumer, remain unaffected.
If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the provider's registered office.
The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, if any, the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
To use the SIMPLEKCAL app, you need a device with iOS and / or watchOS. You can currently only use our app on your smartphone and an Apple Watch.
We can only offer our app for devices that have at least one of the following versions installed:
iOS 12 or higher
watchOS 5 or higher
If you have an older iOS or watchOS version installed on your device, the app can no longer be downloaded or updated. Please therefore check whether an operating system update is available for your device.