Terms of use – NOOK

§ 2 Description of Services

NOOK is a digital travel companion for European cities. Among other things, the App offers the following functions:

• AI-supported travel planning (daily routes, sights)
• Explorer with interactive map and real-time visitor numbers
• Audio guides for sights
• Smart Scanner for text recognition of menus and signs
• Public transport assistant for local connections
• Group budget management
• Stampbook (gamification/stamp collecting)
• Zazu assistant for social media analysis

The Provider reserves the right to extend, restrict or change the range of functions of the App at any time, provided this is reasonable for the user.

A stable internet connection is required for use. Some content can be used offline if it has been downloaded beforehand.

§ 3 Registration & User Account

1. Use of the App requires registration with a valid e-mail address and password. Alternatively, you can sign in via Google Sign-In or Sign in with Apple.
2. The user is obliged to provide truthful information when registering and to keep their access data confidential.
3. Only one user account is permitted per person.
4. The user is responsible for all activities that take place under their account.
5. The user can delete their account at any time under Settings → Profile → Delete account or by e-mail to info@simplynext.de. After deletion, all personal data is removed within 30 days.

§ 4 Rights of Use & Licence

The Provider grants the user a non-exclusive, non-transferable, revocable right to use the App for private, non-commercial purposes.

It is not permitted to:

• decompile, disassemble or reverse engineer the App
• reproduce, distribute or make publicly available content of the App, unless expressly permitted
• use the App for the commercial purposes of third parties
• circumvent measures that restrict access to paid content

All rights to the App, its content and the underlying code remain with the Provider or the respective licensors.

§ 5 In-App Purchases & Subscriptions

1. Certain functions of the App are only accessible with a paid subscription (NOOK Premium).
2. Subscriptions are concluded and billed via Google Play Billing (Android) or the Apple App Store (iOS). The payment terms of the respective store operator apply.
3. Subscriptions renew automatically for the agreed period unless they are cancelled in the respective store account at least 24 hours before the end of the term.
4. Right of withdrawal: For digital content that is provided immediately after purchase and whose provision the user has expressly confirmed before the end of the withdrawal period, the right of withdrawal expires pursuant to § 356(5) of the German Civil Code (BGB).
5. Price changes will be communicated to the user at least 30 days before they take effect via app notification or e-mail. Continued use after they take effect is deemed consent.

§ 6 User Obligations

The user undertakes to use the App only in accordance with these Terms and applicable law.

In particular, it is prohibited to:

• enter false or misleading information
• use the App to distribute illegal, offensive or harmful content
• carry out automated queries (bots, scrapers) without express permission
• impair the technical infrastructure of the App

In the event of violations, the Provider is entitled to block or delete the user account without prior notice.

§ 7 Availability & Warranty

1. The Provider strives for high availability of the App but cannot guarantee uninterrupted availability. Planned maintenance work will be announced in advance where possible.
2. The App is provided in its current version. The user is responsible for installing available updates.
3. AI-generated content (travel plans, audio guides, recommendations) consists of suggestions without any guarantee of accuracy, completeness or timeliness. The user makes their travel decisions on their own responsibility.
4. Real-time information (visitor numbers, public transport connections) is obtained from third-party providers and may differ from the actual situation.

§ 8 Limitation of Liability

1. The Provider is liable without limitation for damage resulting from injury to life, body or health and for intentional or grossly negligent breaches of duty.
2. Otherwise, the Provider's liability is limited to foreseeable damage typical for the contract if an essential contractual obligation (cardinal obligation) has been breached.
3. The Provider is not liable for slightly negligent breaches of secondary obligations.
4. The Provider is not liable for damage caused by improper use of the App, incorrect device configuration or third-party services (Google Maps, Supabase, etc.).
5. The Provider accepts no liability for travel decisions the user makes on the basis of the App's recommendations.

§ 9 Term & Termination

1. The usage relationship for free basic use runs for an indefinite period and can be terminated by the user at any time by deleting the account.
2. Subscriptions run for the selected period (monthly/yearly) and renew automatically unless cancelled in good time (see § 5).
3. The Provider may terminate the usage relationship extraordinarily if the user violates these Terms.
4. Upon termination of the usage relationship, the right of use granted in § 4 expires.

§ 10 Changes to the Terms

1. The Provider reserves the right to adapt these Terms for objective reasons (e.g. changes in the law, new functions, price changes).
2. Significant changes will be communicated to the user at least 30 days before they take effect via app notification or e-mail.
3. If the user does not object to the amended Terms within 30 days of notification, the new Terms are deemed accepted. The Provider will point out this right to object separately in the notification.
4. In the event of an objection, the Provider is entitled to terminate the usage relationship as of the date the amended Terms take effect.

§ 11 Data Protection

Personal data is processed in accordance with the separate privacy policy, which is available on the Provider's website. The privacy policy forms part of these Terms.

§ 12 Applicable Law & Place of Jurisdiction

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. If the user is a consumer resident in the EU, the mandatory consumer protection provisions of their country of residence remain unaffected.
3. The place of jurisdiction for disputes with merchants or legal entities under public law is Isny im Allgäu.

§ 13 Dispute Resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board unless required by law.

§ 14 Final Provisions

1. Should individual provisions of these Terms be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
2. Side agreements, amendments and supplements to these Terms must be made in writing.