of Use for the app
Provider of the GoGassi app is BITENOTBARK GmbH & Co. KG (hereinafter “BITENOTBARK, we, us, our”).
Thank you for joining us.
If you do not agree to these Terms and Conditions, you may choose not to consent to the business transaction. You agree to receive all communications, notifications, agreements, and notices in electronic form. This may be through emails, text messages, in-app notifications, and information on the GoGassi website. You also acknowledge that any electronic communication satisfies the legal requirements of a written notice.
of the GoGassi app
The GoGassi app plans, manages, and organizes your walks with your dog within a group (family, friends, shared apartment, office group, etc.). We call this digital space where a group meets or organizes to jointly take care of one or more dogs (“Dogspace”).
By downloading our app and using it, you as a customer are also the end user. If you have purchased a subscription, you, as the subscription account holder, are our customer entering into an agreement with us. End users in this case are all those whose end user accounts are linked to the subscription account of the account holder.
This app is designed for use by residential customers.
Communications to us
Communications to GoGassi should be sent to firstname.lastname@example.org. Legal notices are an exception. They should be sent to email@example.com. A notice shall be deemed to have been duly delivered on the day after the email is sent. Notices under the agreement will only be sent to the customer in accordance with the terms of this agreement.
Agreement on behalf
of the “Customer”
The download and use of the GoGassi app as an individual is free of charge. You are therefore both a customer and an end user of the app. When you are using the app for free, the service is limited. You cannot invite friends, acquaintances, or other users (end users) to your Dogspace. You need a subscription, if you want to invite other end users to take care of your dog with you. In the menu of the app under “My subscription” you can choose from several subscription models. The use of a subscription model is subject to a fee. Each subscription is valid for a specific number of maximum end users and a defined period.
When you purchase a subscription, create a Dogspace (a digital space where a group of end users care for one or more dogs), invite end users to that Dogspace, or use or allow the use of that Dogspace after being notified of a change to these Customer Terms, you are confirming your understanding of the agreement valid at that time, and you are agreeing to it. Only you, as the customer, can give us exclusive instructions.
For example, only you, as the customer, can grant or revoke access rights to the services, enable or disable third-party integration, manage permissions, retention, and export settings. As a customer, you thus act in the sense of being the sole admin of a Dogspace.
Customers must be of legal age (18 years of age or older) and deemed by us to have full legal capacity.
The customer further represents and warrants that he has validly entered into the agreement and is legally authorized to do so. We use the service of Apple Inc. (“Apple”)for the distribution of the GoGassi app, including the purchase, download, and payment of the app. You will need an Apple ID, access to the Apple App Store (an internet connection) and an active iTunes Store or Apple App Store account, as we have currently designed the app exclusively based on Apple iOS and therefore for use on iPhone models.
A payment will be charged to your Apple ID account upon purchase confirmation. The subscription will automatically renew if not cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before the end of the current period. You can manage and cancel your subscription by going to your account settings in the App Store after purchase.
Furthermore, the customer has the sole duty to inform himself and all end users who have registered in his Dogspace about all applicable laws and regulations regarding the care and custody of his dog(s) and to ensure compliance with them.
Agreement on behalf
of the „end user“
Only the customer may create and configure a Dogspace that you and others may join (all invitees granted access to the service, including you, are “Authorized End Users”). The agreement contains our written commitment to provide the service to the customer, who may then invite authorized end users to join their Dogspace. If an authorized end user (including you) submits content or information to the service, such as messages or files (“Customer Data”), you acknowledge that the customer data is the property of the customer. The agreement grants the customer numerous options and extensive control over customer data. For example, the customer may grant or revoke access rights to the service, enable or disable third party integrations, manage permissions and settings. These options or instructions may result in access to, use of, editing of, or deletion of some or all customer data.
For example, as part of our service, a parent may invite their own children to a Dogspace. The child or children would then be authorized end users. However, we would like to point out that children under the age of 14 are generally not allowed to walk a dog on a leash according to the German Road Traffic Act. In addition, in some countries there may be special requirements for keeping certain breeds of dogs (potentially dangerous dogs), which must be observed. It is not up to us to judge or check the business or culpability of an end user who has been invited by a customer. It is the sole responsibility of the customer; the same applies to the associated risk with regard to all liability issues arising in connection with the use of the app caused by the customer or by authorized end users. Moreover, the customer is exclusively responsible for all respective end users registered in his Dogspace.
Relationship Between the Customer,
End User, and Us
Each individual authorized end user agrees to the arrangement between us and the customer that it is solely the customer’s responsibility to (a) authorize each authorized end user by inviting him to his Dogspace, to submit data, content or information such as appointments and messages to his Dogspace, (b) inform each and every authorized end user of all relevant policies and data and all settings necessary for proper use of the Dogspace, (c) obtain all rights, permissions, or consents from each and every authorized end user that are necessary for the lawful use of customer data and operation of the services, (d) ensure that the transfer and processing of customer data under the agreement are lawful, and (e) respond to and resolve any disputes between authorized end users and the customer relating to customer data, the service, or the customer’s failure to comply with these obligations.
We may disclose information about future development phases of the app because we want our customers to know what we plan to do with the app in the future. However, our public statements about these development plans are only intended as a declaration of intent. Under no circumstances should you rely on them when you are making a purchase. Therefore, if you are a customer deciding to purchase our service, you should always make that decision based on the features or functionality we currently provide, not on the prospect of potential future features or functionality.
Warranty and Liability
We make no warranties as to the availability, reliability, functionality, or suitability of the app for your purposes. Liability is excluded unless required by law, e.g. under the German Product Liability Act or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect, or in case of breach of fundamental contractual obligations. Material contractual obligations are obligations whose fulfillment is essential to the proper performance of a contract and on whose fulfillment the contracting parties may regularly rely.
Our liability is limited (at our discretion) to replacing, repairing, or redelivering the service, or refunding a pro-rated share of any fees paid in advance for your subscription that covers the remaining term of the agreement or subscription.
Provision of the service
We agree (a) to make the service available to the customer and its authorized end users, and (b) to use or process customer data only to the extent that the customer’s and the authorized end user’s use of the service is necessary for performance of the agreement.
Availability of the service
We make no promises of availability in connection with the provision of the service. In providing our service, we will use commercially reasonable efforts to make the service available 24 hours a day, 7 days a week. We do not anticipate any downtime. We anticipate that scheduled downtime will be rare.
Protecting Customer Data
Protecting customer data is a high priority for us, which is why we maintain administrative, physical, and technical safety precautions that are substantially equivalent to the level of security that would be considered appropriate for a company of our size and type of service provided.
These safety precautions include measures to prevent unauthorized access, use, modification, deletion, and disclosure of customer information by our employees. Before sharing customer data with any of our third party service providers, we will ensure that they follow appropriate data handling practices to ensure the confidentiality and security of customer data and to prevent unauthorized access.
We are not liable for any failure or delay in performance of our obligations as a result of events beyond our control. This may include denial of service attacks, failures of third party hosting service providers or service and utility providers, strikes, shortages, riots, fires, acts of God, war, terrorism, and government actions.
Performance of our obligations
by third parties
We may rely on our employees, as well as those of our fixed service providers and third party vendors, in exercising our rights and performing our obligations under the agreement. We are responsible for ensuring that each of our external service partners complies with our obligations under the agreement.
What’s Yours, What’s Ours
We are and shall remain the owner of our service, including all intellectual property rights related thereto. We may make software components available as part of the service through the Apple app store. We grant to the customer a non-sublicensable, non-transferable, non-exclusive, limited license for him and his authorized users.
Retention of Customer Data
During the term of a subscription, we retain customer data. Upon termination or expiration of a Dogspace subscriptions, we are under no obligation to retain or make available any customer data and may delete any customer data that exists in our systems or is otherwise in our possession or control.
However, we generally back up customer data on a voluntary basis for a period of six months. If the customer were to purchase a new subscription under their previous Apple ID within this period, their previous customer data would be available to them from the status of the subscription cancellation.
Dispute Resolution For out-of-court settlements of consumer disputes, the European Union has launched an online platform (“ODR platform”): http://ec.europa.eu/consumers/odr/
We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Contacting the Developer