Terms of use – ShrinkIt

§ 2 Subject Matter and Description of Services

(1) ShrinkIt compresses photos, videos and audio files. Compression takes place entirely on your device; your media files are not transferred to us or to third parties.

(2) The range of functions includes in particular:

• compressing images using a selectable quality level,
• compressing images to a desired target file size,
• compressing images using a freely selectable target resolution (width/height),
• compressing videos using selectable quality levels,
• compressing audio files using selectable quality levels as well as bit rate, sample rate and number of channels,
• choice of output format for audio files (M4A/AAC or MP3),
• processing multiple files in one run,
• overview of the files created (“Chronology”) with opening, sharing and deleting,
• saving the results to the gallery and optionally replacing the originals,
• user interface in seven languages, light/dark.

§ 3 Conclusion of Contract

(1) The usage agreement for the free version is concluded upon installation and first use of the App. No registration takes place.

(2) The Pro version is purchased by selecting the offer in the App and confirming the purchase in the Google Play payment dialog. Before the purchase is completed, the name and price of the service are displayed to you.

(3) After the purchase, the Pro version is unlocked immediately. Google Play provides you with a receipt.

§ 4 Prices, Payment, Restoration

(1) The price displayed in the App at the time of purchase applies. All prices are final prices and include statutory VAT.

(2) Payment is processed exclusively via Google Play using the payment method stored in your Google account. We do not receive or store any payment details.

(3) Refunds are governed by the Google Play terms and must be requested from Google. Statutory rights under § 5 and § 10 remain unaffected.

(4) The Pro version is linked to your Google account. After reinstalling the App or on another device with the same account, you can unlock it again via “Settings → Restore Purchases” without paying again.

(5) The link to the Google account also means: if you lose access to this account, the Pro version cannot be restored. We have no way of assigning purchases independently of the account, as we do not keep user accounts.

§ 5 Right of Withdrawal (for Consumers)

(1) Consumers generally have a fourteen-day right of withdrawal for distance contracts. As the purchase of the Pro version is processed via Google Play in accordance with § 1(3), withdrawal must be declared to Google; Google provides a procedure for this in the Google Play Store.

(2) Insofar as a revocable contract for digital content is concluded with us, the following applies:

Withdrawal Policy

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason, starting from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. by letter or e-mail): SimplyNext, Nuri Toker, Mechenseerstr. 12, 88316 Isny im Allgäu, Germany, E-Mail: info@simplynext.de

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Early expiry of the right of withdrawal. In the case of a contract for the supply of digital content not supplied on a tangible medium, the right of withdrawal expires once we have begun performance of the contract after you have

1. expressly consented to our beginning performance of the contract before the end of the withdrawal period, and
2. acknowledged that by giving your consent you lose your right of withdrawal once performance of the contract has begun,

and we have provided you with a confirmation of this (§ 356(5) BGB).

As the Pro version is unlocked immediately after purchase, the right of withdrawal generally expires upon this unlocking.

(3) Businesses (§ 14 BGB) have no statutory right of withdrawal.

§ 6 Advertising in the Free Version

(1) The free version is financed by advertising. Full-screen ads are displayed occasionally, at the earliest after several successful compressions.

(2) Personalised advertising requires your consent, which is obtained via a dialog before the first ad and can be withdrawn or changed at any time under “Settings → Legal → Ad settings”. Details can be found in the privacy policy.

(3) Purchasing the Pro version permanently removes advertising.

(4) The respective advertisers are responsible for the content, accuracy and lawfulness of third-party advertising displayed. We do not select individual ads.

§ 7 User Obligations and Responsibility

(1) Backup copies. You are responsible for backing up your data. Make backup copies of your original files before processing – in particular before using the “Replace All” function.

(2) Deletion functions. The “Replace All”, “Delete original” and “Delete All” functions permanently remove files from your gallery or from the App. These processes cannot be undone and must be expressly confirmed before they are carried out. We accept no liability for the consequences of a deletion confirmed by you, unless otherwise provided in § 11.

(3) Rights to the content. You warrant that you hold the rights required to process the photos, videos and audio files you select and that you do not infringe any third-party rights (copyrights, related rights, personality rights, data protection rights of persons depicted or recorded).

(4) Responsibility under data protection law. If you use the App to process personal data of third parties – such as photos in which other people are recognisable or recordings in which other people can be heard – you are yourself responsible for this under data protection law (Art. 4(7) GDPR). As processing takes place exclusively locally on your device and we have no access to your files, no data processing relationship with us arises in this respect.

(5) Prohibited use. It is prohibited to use the App to process or distribute unlawful content, or to decompile or modify the App or circumvent protective mechanisms – in particular the restrictions of the free version. Acts that are mandatorily permitted by law (e.g. § 69e of the German Copyright Act (UrhG)) remain unaffected.

§ 8 Rights of Use

(1) We grant you a simple, non-transferable, non-sublicensable right to use the App as intended on the devices attributable to you. For the Pro version, this right is unlimited in time.

(2) All rights to the App itself (software, source code, design, name, logo) remain with us or the respective rights holders.

(3) We acquire no rights whatsoever to your own content – original files and the compressed files created from them. They remain exclusively yours.

§ 9 Availability and Updates

(1) The core function of the App – compression – works without an internet connection. A connection is required for advertising, purchase verification and restoring purchases.

(2) Disruptions or outages at third-party providers used (Google Play, Google AdMob, RevenueCat) may temporarily impair individual functions. We cannot guarantee any particular availability of these third-party services.

(3) Obligation to provide updates (§ 327f BGB). For the Pro version, we provide updates necessary to maintain conformity with the contract – in particular security updates and adaptations to new Android versions – for a period you can reasonably expect given the type and purpose of the digital product. The Google Play Store informs you about available updates.

(4) If you do not install updates provided within a reasonable period, we are not liable for defects resulting solely from the absence of this update, provided we have informed you about the update and the consequences of not installing it (§ 327f(2) BGB).

§ 10 Liability for Defects

(1) The statutory provisions on the supply of digital products (§§ 327 et seq. BGB) apply to the Pro version acquired for payment, in particular the claims to subsequent performance, price reduction and termination of the contract in the event of defects. The limitation period is two years from provision.

(2) Pursuant to § 327(3) BGB, these provisions also apply to the free, advertising-financed version insofar as you provide personal data as consideration.

(3) In particular, there is no defect in the case of:

• loss of quality inherent in compression (§ 2(5)),
• deviations of the actual file size from the estimated file size,
• restrictions due to the peculiarities, age or configuration of your device, its codecs or its operating system,
• impairments due to disruptions at third-party providers (§ 9(2)),
• missing functions that are expressly assigned to the Pro version while the free version is being used.

(4) Please report defects to info@simplynext.de, stating the device model, Android version, App version and a description of how the error can be reproduced.

§ 11 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, where a guarantee has been given and in accordance with the provisions of the German Product Liability Act.

(2) In the event of a slightly negligent breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you may rely, our liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.

(3) Otherwise, liability for slight negligence is excluded.

(4) Loss of data. Liability for the loss of data is limited to the typical recovery effort that would have been incurred had you backed up the data properly and regularly (§ 7(1)). Paragraphs 1 and 2 remain unaffected.

(5) We are not liable for content that you process with the App or pass on to third parties, nor for the infringement of third-party rights by content you have selected (§ 7(3)).

(6) The above limitations do not apply to claims for breach of data protection regulations insofar as these are mandatory under the GDPR, nor to statutory rights under § 10.

(7) The above provisions do not change the burden of proof to your detriment.

§ 12 Term and Termination

(1) The usage agreement is concluded for an indefinite period. You can terminate it at any time without notice by uninstalling the App.

(2) The one-time purchase of the Pro version is not reversed by uninstalling; the unlock remains assigned to your Google account and can be restored in accordance with § 4(4).

(3) We may terminate the usage agreement with 30 days' notice in text form if we permanently discontinue the App. Pro features already acquired remain usable until the termination takes effect; you will be informed about the discontinuation in good time in the App.

(4) The right of both parties to extraordinary termination for good cause remains unaffected. For us, good cause exists in particular in the event of serious or repeated violations of § 7(5).

(5) Upon termination, the right of use under § 8(1) ends. Your locally stored files remain unaffected; they are removed from the App's own storage when the App is uninstalled, unless you have previously saved them to your gallery.

§ 13 Changes to These Terms

(1) We may change these Terms if this is necessary due to a change in the legal situation, a change in case law, technical development or a change in the scope of services and you are not unreasonably disadvantaged as a result.

(2) We will inform you of changes in text form at least six weeks before they take effect (an in-app notice is sufficient). If you do not object before they take effect, the changes are deemed accepted; we will point out this effect and your right to object separately in the notification.

(3) If you object, you may terminate the usage agreement with effect from the date the change takes effect; in this case, we are also entitled to terminate. In this case, we will refund payments already made for the Pro version on a pro rata basis, insofar as a one-time purchase has not yet been used up according to common understanding.

§ 14 Data Protection

Information on the processing of personal data can be found in the privacy policy, available in the App under “Settings → Legal → Privacy policy” and online.

§ 15 Consumer Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36(1) no. 1 of the German Consumer Dispute Resolution Act (VSBG)). You can contact us directly at any time: info@simplynext.de

§ 16 Final Provisions

(1) The law of the Federal Republic of Germany applies. If you are a consumer with habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected (Art. 6(2) Rome I Regulation).

(2) The statutory places of jurisdiction apply to consumers. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office (Isny im Allgäu).

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.

(4) Amendments and supplements to these Terms require text form, unless the procedure under § 13 applies.

(5) The German version of these Terms is authoritative.

Contact

• SimplyNext
• Nuri Toker
• Mechenseerstr. 12
• 88316 Isny im Allgäu
• Germany
• E-Mail: info@simplynext.de
• Phone: +49 1743389049