Terms and Conditions

Last updated: December 29, 2024

Effective Date: December 29, 2024

1. Scope of Application

1.1 The following terms and conditions (hereinafter “Terms and Conditions”) apply between you as a user (hereinafter “you”) of our app Travel Planner Guide - Triplix (hereinafter “Triplix App” or “Triplix”) and us, Niklas Amslgruber, Grünwalder Str. 272, 81545 München, Germany (hereinafter “we”).

1.2 With Triplix App, we have developed a software application that simplifies your trip planning and synchronizes your entries across different devices.

1.3 The Triplix App is available in a free basic version and a commercial version, that is subject to charges (hereinafter “Triplix Pro”). Only in Triplix Pro all features of the Triplix App are activated.

1.4 You agree to these Terms and Conditions either by (i) making use of the Triplix App (ii) your explicit declaration to acknowledge these Terms and Conditions as a binding contractual basis for the use of the Triplix App.

1.5 We explicitly do not acknowledge your conflicting or deviating terms and conditions unless we explicitly give a written consent to their validity.

1.6 Our terms and conditions apply to all versions of the Triplix App.

2. App Functions & License

2.1 The exact scope of functions of the Triplix App is described in the respective app store and on our website www.triplix.app as well as the respective hardware and firmware requirements.

2.2 We provide updates to the Triplix App to the extent required by law in accordance with Section 327 f of the German Civil Code (BGB); We reserve the right to make further updates at our own discretion. A stable internet connection is required to use all features of the Triplix App.

2.3 We reserve the right to change the Triplix App at any time in a way that is reasonable for you, e.g. to develop it further or improve its quality. This applies to technical and content-related developments.

2.4 By downloading the Triplix App from the respective app store, you receive a personal, limited, non-exclusive, non-transferable license to install the Triplix App on your mobile devices and to use it as contractually permitted. We reserve all further rights of use. The Triplix App in the basic version or in the Triplix Pro version are not things within the meaning of Section 90 of the German Civil Code (BGB); therefore no ownership is transferred, but only rights of use are granted for an unlimited period of time (basic version) or for a limited period of time (Triplix Pro).

3. Compensation, Subscription

3.1 The free basic version or paid version Triplix Pro of the Triplix App may be downloaded from the respective app store.

3.2 We currently offer various subscription and payment plans for the use of the Triplix Pro version of the Triplix App. Subscription periods and applicable prices may be viewed in the respective app stores and in the Triplix App. We may change prices at any time. Price changes will be published in the app stores and in the Triplix App.

3.3 All subscriptions must be paid in advance for the respective subscription period. Payments are processed via the respective app store or via the payment service provider integrated by us.

3.4 As soon as your subscription period has reached its end, your booking will be automatically extended by the initially booked subscription period and billed to you via the app store, unless you have canceled at the latest before the subscription expires.

3.5 You can cancel existing subscriptions at any time via a link in the Triplix App or directly in the respective app store to the end of the selected subscription period.

3.6 Depending on where you have paid for Triplix Pro you may be entitled to a refund if:

1. you have exercised your statutory right of withdrawal from Triplix Pro within a period of fourteen (14) days (or other time period required by applicable law) starting from the date you subscribe to use Triplix or
2. the respective app store terms mean that in the circumstances you are entitled to a refund, in which case the app store will be responsible for processing such a refund.

3.7 Consent to Share Consumption Data with Apple: By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your requests.

4. Liability

4.1 We shall only be liable for damages within the scope of the existing statutory provisions, regardless of the legal grounds (pre-contractual, contractual, non-contractual), if we have caused the damage through gross negligence or willful misconduct. In the event of slight negligence, we shall not be liable to companies and shall only be liable to consumers for injury to life, limb or health. We shall not be liable to companies for consequential damages, mere financial losses, loss of profit or damages arising from third-party claims.

With the exception of cases prescribed by law, we are not liable for damages that may arise from the use of Triplix App. This also applies to damage caused by errors, problems, viruses or loss of data.

4.2 In the event of the loss of data, our liability under 4.1 is limited to the costs that would have been incurred if you had backed up the data orderly.

4.3 The above limitations of liability shall also apply mutatis mutandis in favor of our employees, representatives and vicarious agents.

4.4 Potential liability for guarantees and claims under the Product Liability Act remains unaffected.

4.5 The Triplix App may include features powered by artificial intelligence (“AI”) that provide suggestions and recommendations. These AI-generated suggestions are for informational purposes only and require manual verification by users. We do not control, guarantee, or assume responsibility for the accuracy, reliability, or appropriateness of any AI-generated content. You acknowledge and agree that you are solely responsible for verifying and validating any AI-generated suggestions before acting upon them. We expressly disclaim all liability for any damages, losses, or consequences arising from your reliance on or use of AI-generated suggestions without proper verification.

5. Amendment of the Terms and Conditions**

5.1 In the event of minor changes to these Terms and Conditions (for example, in the event of a change in the law that requires us to amend these Terms and Conditions), we can simply make the new Terms and Conditions available in the Triplix App or the app stores. Please read these Terms and Conditions regularly to ensure that you are aware of the current terms and conditions. In the event of significant changes to these Terms and Conditions that have a materially adverse effect on you, we will obtain your express consent to the changes using a suitable means of communication within the Triplix App (e.g. a notice when accessing the app) or inform you at least two weeks before the changes come into force.

5.2 The change information contains (i) a link to the updated Terms and Conditions, (ii) the effective date of the changes, (iii) a two-week objection period, (iv) information about the consequences of not objecting. If you do not object to the changes, the updated Terms and Conditions shall be deemed accepted.

5.3 If you object to the changes, we are entitled to terminate the existing agreement with you if it is not possible or unreasonable for us to continue the contractual relationship under the current terms and conditions.

6. Data Protection

6.1 Please note our privacy policy which is an integral part of these Terms and Conditions.

7. Final Provisions

7.1 If you are a merchant or if you do not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between us and you shall be, at our discretion, Munich or your place of residence. In such cases, the exclusive place of jurisdiction for legal action against us must be Munich. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.

7.2 The relations between us and you are subject exclusively to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.

7.3 If any provision of the Terms and Conditions has been inadvertently omitted from the Terms and Conditions, the resulting gap shall be filled with such valid provision that most closely reflects what the parties would, in consideration of the commercial intent and purpose of the Terms and Conditions, have agreed upon, had they been aware of the omitted provision from the outset.