Terms of Service
Preamble
hyper is a product of Hyper App GmbH, Prager Straße 60, 04317 Leipzig. With the usage of hyper you agree to the terms of service specified here. In case of any questions feel free to contact us as via the channels specified on the website or in the app.
hyper offers a website and a smartphone app (hereinafter: “hyper app”).
1. Services
(1) The website can be used for general information about the hyper app.
(2) The download and usage of the hyper app is free of charge.
(3) The hyper app shows location-based information like events, stores, etc. and offers filter functionalities to search for such information.
2. Change and Termination of Services
(1) The hyper app can be changed at any time to improve it functionality.
(2) The hyper app can be shut down temporary or finally without additional information.
3. Availability
There is no claim for permanent and uninterrupted availability of the hyper app. hyper aims for the highest possible availability and to resolve potential incidents as fast as possible.
4. Liability
(1) hyper shows curated information from public sources (for example the Internet). Hyper is not liable for the content and its accuracy.
(2) hyper does not validate the shown information regarding discriminatory, insulting, dubious and other content at any time.
(3) The usage of hyper depends on third parties (for example telecommunication companies). hyper is not liable for their availability.
(4) Both the website and the hyper app are tested continuously. Nevertheless, there is the possibility of missing functionality, especially in combination with other programs. hyper is not liable for damage resulting from it.
(5) hyper is liable in accordance with the statutory provisions for intent and gross negligence on the part of hyper, its legal representatives, executives or other agents. The same applies to the assumption of guarantees or other liability independent of fault as well as to claims under the Product Liability Act or in the event of culpable injury to life, body or health. hyper is therefore liable for simply negligent breaches of essential contractual obligations caused by hyper, its representatives, executive officers and agents, for example such obligations, on whose fulfilment the user regularly trusts and may rely for the proper execution of the contract, but in this case limited to the typically occurring, foreseeable damage.
A further liability of hyper is excluded.
(6) Insofar as the liability of hyper is excluded or limited, this also applies in favour of the personal liability of its legal representatives, executives and agents.
5. Data Protection
hyper offers highest possible anonymity. Because of the location-based character of the application, the hyper app requests the GPS location of the app user. Those data are not stored at any time. Further information can be found in the Privacy Policy which the user explicitly accepts by using hyper.
6. Final Provisions
(1) The place of jurisdiction is Leipzig. It applies the law of the Federal Republic of Germany.
(2) If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provision shall come into force by common consent which comes as close as possible to the intended result of the agreement, should the matter have been considered in advance.