General terms and conditions
§ 1 Scope
These general terms and conditions (GTC) apply to all contracts and uses in connection with:
- the physical Paw Control tracker for pets and
- the Paw Control app
between you as user and:
Paw Control
Leideck & McCutchan GbR
Zum Heinenberg 8
42555 Velbert
Germany
Deviating conditions of the user are not recognised unless Paw Control expressly agrees to their validity in writing.
§ 2 Subject of the contract
(1) Paw Control offers a tracker for pets as well as a corresponding app, with which, among other things, location and activity data of the animal can be recorded and displayed.
(2) The app enables in particular the management of trackers, the display of locations, notifications and other pet-related functions. The exact scope of functions may change over the course of product development.
(3) The GTC apply both to the use of the app and – where applicable – to the services associated with the tracker.
§ 3 Registration and user account
(1) To use the app, creating a user account is required. True information must be provided for this purpose.
(2) The user is obliged to keep their access data secret and to protect it against unauthorised access. Passing the account on to third parties is not permitted.
(3) Paw Control is entitled to block or terminate user accounts if there is abusive use or justified grounds that a violation of these GTC or applicable law occurs.
§ 4 Use of tracker and app
(1) The use of the tracker requires a compatible device and an internet connection. The costs incurred for this (e.g. data connection) are borne by the user.
(2) Paw Control endeavours to ensure high availability of the app and the associated services, but does not guarantee availability at all times and without interruption. Maintenance work, security and capacity reasons can lead to temporary restrictions.
(3) The user undertakes to use the tracker and app only as intended and not to violate legal provisions or rights of third parties (in particular no unauthorised surveillance of persons).
§ 5 Fees and subscriptions
(1) The app may be offered free of charge; certain functions may be chargeable in future (e.g. premium or subscription models). Specific prices, payment modalities and contract terms are displayed transparently to the user during the ordering process.
(2) If a subscription is concluded, the terms, notice periods and prices agreed at the time of conclusion of the contract apply. Adjustments to fees are possible in accordance with the contractual provisions and with reasonable advance notice.
§ 6 Term and termination of the user account
(1) The usage contract for the app runs for an indefinite period and can be terminated by the user at any time without notice by deleting the account in the app or by notification in text form (e.g. email).
(2) After receipt of the termination/deletion request, the user account is first deactivated for 30 days. During this time, access is no longer possible.
(3) After 30 days, the user account is permanently deleted, insofar as no statutory retention obligations oppose this. With the permanent deletion, usage data is lost and cannot be restored.
(4) Paw Control may terminate the contract without notice for good cause, in particular in the event of serious or repeated violation of these GTC or abusive use of the service.
§ 7 Duties and responsibility of the user
(1) The user is responsible for the content they enter or upload (e.g. pet names, photos, notes) and must ensure that this does not violate the rights of third parties.
(2) The user is obliged to make appropriate settings, in particular for safety zones, notifications and location sharing, and to regularly check whether the tracker and app are working properly.
(3) The user may not use the services for unlawful purposes, in particular not for unauthorised surveillance of persons or third-party animals without the consent of the authorised persons.
§ 8 Liability
(1) Paw Control is liable without limitation for intent and gross negligence, for damages resulting from injury to life, body or health and according to the provisions of the Product Liability Act.
(2) In case of slight negligence, Paw Control is only liable for breach of an essential contractual obligation (cardinal obligation). In this case, liability is limited to the typically foreseeable damage.
(3) No further liability exists on the part of Paw Control. In particular, no guarantee is given that damages or the running away of an animal can be prevented in every case through the use of the tracker.
(4) The above liability limitations also apply in favour of the legal representatives and vicarious agents of Paw Control.
§ 9 Changes to services and GTC
(1) Paw Control is entitled to further develop, change or partially discontinue the app and its functions, insofar as this is reasonable for the user and does not significantly affect the purpose of the contract.
(2) Paw Control may change these GTC if there is a factual reason for doing so (e.g. change in law, expansion of services). The user is informed of changes in an appropriate form (e.g. in the app or by email).
(3) If the user does not object to the changed GTC within 30 days of notification, they are deemed accepted, provided Paw Control has pointed out the significance of silence at the start of the period. In the event of an objection, Paw Control may terminate the contract extraordinarily.
§ 10 Data protection
(1) Information on the processing of personal data can be found in the respectively valid privacy policy, available on our website and in the app.
(2) The privacy policy is not part of these GTC and must be acknowledged separately.
§ 11 Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Insofar as the user is a businessman or has no general place of jurisdiction in Germany, the place of jurisdiction – insofar as legally permissible – is Wuppertal, North Rhine-Westphalia.
(3) Statutory provisions on mandatory consumer protection rights and jurisdictions remain unaffected.
§ 12 Final provisions
(1) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.
(2) Changes and additions to these GTC require text form, insofar as no stricter form is prescribed by law.