Terms of Use

End User License Agreement and Terms of Use for the PAY WITH ME app

Part I End User License Agreement (“EULA”)

Introduction

The license agreement for the free use of the “PAY WITH ME” software (hereinafter referred to as the app) is concluded between you as the user and ZIIB Zahlungssysteme GmbH, represented by CEO Nicole Groß, Otto-Suhr-Allee 144, 10585 Berlin as the contractual partner. ZIIB Zahlungssysteme GmbH is responsible for the licensed app and its content.

The app is a payment app for Android and iPhone with which goods and services can be purchased at vending machines and other points of sale and paid for completely cashless and without a physical credit card.

The user is under no obligation to conclude a purchase contract.

In addition, aid organizations, non-profit organizations, associations, etc., can be supported with donations via the app.

You can also find an overview of the app’s functionalities on the website www.pay-with-me.com.

1.1 Publishers and providers

This app is offered free of charge by ZIIB Zahlungssysteme GmbH (hereinafter also referred to as the provider) in an app store (“platform”) of the respective operator (“platform operator”)

As the publisher of the app, the platform operator is not a contractual partner of the user and is not responsible for the app or its content.

1.2 Purpose of use

This app may only be used for private purposes.

1.3 Function and purpose of the app

The function and purpose of the app are described under App description.

1. Rights of use

The lawful user receives the time-limited, non-exclusive, non-sublicensable, non-transferable, revocable and free of charge right to use the app in accordance with this EULA for private purposes only.

The granting of rights to use the app, including its content, is limited to the duration of the use of the app.

2.1 Scope of the rights of use

Deviations and additions may result from information and conditions for FOSS (Section 2.2) and for third-party content (Section 2.3).

2.2 Rights of use to FOSS

The app may contain components of Free and Open Source Software (“FOSS”). The information and conditions for FOSS apply with priority.

2.3 External content

The app may contain or use components (software or content) from third parties. The information and conditions for third-party content apply with priority. Insofar as rights to this third-party content are granted directly by third parties, the user concludes a contract with the respective third party in accordance with the corresponding conditions by agreeing to this EULA. In the event of a breach, the third party may make a claim against the user.

2.4 Termination of the rights of use

The granting of rights of use is conditional on compliance with this EULA. In the event of a breach of this EULA by the user, the rights of use to the app, including its content, shall automatically lapse. Irrespective of this, the publisher and provider of the app may terminate the rights of use at any time by unilateral declaration with immediate effect.

2.5 Infringement

In addition to the loss of usage rights, a breach of this EULA may have further legal consequences for users, for example due to unlawful use of the app and its content. This also includes the prohibition of further use and claims for damages.

1. User obligations

3.1 Notification of defects

The user shall immediately report any malfunctions when using the app to the contact point specified under customer support.

3.2 Lawful use

The user is obliged to use the app only lawfully in accordance with this EULA and in compliance with the applicable law.

1. Prohibitions

4.1 Prohibition of transfer and utilization

It is not permitted to provide, publish, license, sell or otherwise commercially exploit the app to third parties for a fee or free of charge. No rights to the app may be rented, leased or otherwise transferred.

4.2 Prohibition of changes

It is not permitted to modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the App. Legal rights remain unaffected, in particular the user’s right to decompile the app in order to obtain the information required to establish its interoperability with other programs, unless the provider makes this available to the user on reasonable terms.

4.3 Impact on software or websites of the publisher or third parties

Any use of the app that has a negative impact on the app itself or websites linked to it or on software accessed through the app is not permitted.

1. Warranty

5.1 Free provision and exclusion of warranty rights

Use of the app is free of charge. In particular, no guarantee of availability is given. Warranty rights are excluded, except in cases of intent or gross negligence on the part of the publisher or provider of the app. This also applies to any support. The exclusion also extends to indirect or consequential damages. Liability for defects in the app only exists if ZIIB Zahlungssysteme GmbH has fraudulently concealed a defect.

5.2 Accuracy of information

However, the publisher assumes no responsibility for completeness and accuracy. Representations of goods, services and prices are made without guarantee of correctness and do not constitute a contractual offer or a claim to the conclusion of a contract.

5.3 Scope of the warranty regulations

The warranty of the publisher and provider is excluded and limited to the extent permitted by law. Mandatory statutory rights of the user remain unaffected.

1. Liability

6.1 Liability

The provider excludes its liability for slightly negligent breaches of duty, unless damages arising from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected.

Liability of legal representatives, vicarious agents and employees of the provider for damages caused by slight negligence is also excluded.

6.2 Exemption from liability

If a claim is made against the publisher or the provider of the app by a third party due to a breach of this EULA by the user, the user shall indemnify the publisher and the provider against all claims and costs that arise directly or indirectly as a result, including reasonable costs for defense by a lawyer. This does not apply if the user is not responsible for a violation. The publisher reserves the right to assume the defense against such claims himself.

1. Running time

The right of use begins when the user agrees to these terms and conditions and downloads the app. Each user can terminate the user agreement at any time by deleting the app from their end device. ZIIB Zahlungssysteme GmbH may terminate this agreement and the associated right of use at any time at its own discretion by informing the user that the services intended with the software are no longer offered. In addition, the agreement ends with immediate effect in the event of use in breach of contract.

1. Customer support

In the event of problems using the app, you can contact the following address: ZIIB Zahlungssysteme GmbH, Otto-Suhr-Allee 144, 10585 Berlin. Or by e-mail to: hallo@ziib.de

1. Additional conditions

Depending on the platform, the terms of use for ApplePay and Google Pay also apply

For IBAN transactions (payment by account), the relevant terms and conditions or terms of use of the account-holding bank apply.

9.1 Notice pursuant to § 36 of the Consumer Dispute Resolution Act (VSBG)

The provider will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the German Consumer Dispute Settlement Act (VSBG) and is not obliged to do so.

• Final provision

10.1 Subject to change

The Publisher reserves the right to amend this EULA if necessary. The Publisher shall inform the User of any significant changes to the EULA. Changes shall take effect automatically 30 days after this notification. If a user does not agree with a change, they must uninstall the app and no longer use it. By continuing to use the app, the user agrees to the amended EULA.

10.2 Invalidity of individual clauses

Should individual provisions of this EULA be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

10.3 Applicable law

This EULA shall be governed by the laws of the Federal Republic of Germany applicable to domestic transactions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

10.4 Place of jurisdiction

The place of fulfillment and jurisdiction is Berlin.

Part II Terms of use Payment function

1. Contractual partner

The purchase contract for the product/goods or services selected by the user (hereinafter referred to as the object of purchase) is concluded with the seller who offers the product/goods or services for sale. The seller’s general terms and conditions apply.

The provider of the app only acts as a payment intermediary. Computop GmbH, Bamberg is responsible for payment processing as a gateway operator and for acquiring

• Payone GmbH, Frankfurt,
• Six Payment Services AG, CH-Zürich
• Raiffeisen Bank International, A-Wien

Otherwise, payments are processed as follows:

For American Express payments, payment is made via American Express Europe S.A., Frankfurt.

For PayPal payments, payment is made via PayPal (Europe) S.à r.l. et Cie, S.C.A, Luxembourg.

For “Zahl einfach mit Handyrechnung” payments, payment is made via Dimoco Payments GmbH, Brunnam Gebirg/Vienna (Austria).

For payments with Girocard via ApplePay, the payment is made via Computop Paygate GmbH, Bamberg.

For IBAN (payment by bank account), ZIIB uses the services of BV Transaktion Services GmbH, Pulheim. ZIIB is not a provider of payment initiation service (ZAD) and account information service (KID).

1. Payment methods

Depending on the location, the user has the option under point 3 of the app to carry out the payment process using ApplePay, GooglePay, MasterCard, Visa, American Express, Dinners Club, Discover Card, payment by cell phone bill, IBAN (payment by account) and PayPal.

1. Prices

3.1 Price information

The prices of the respective seller displayed in the app are based on information that the app provider receives from third parties. The app provider accepts no liability for the content, accuracy and currency of the prices displayed in the app.

3.2 Prices for the payment function

The prices stated during the purchase process of the respective seller apply to the payment function.

When using the payment function via the app, the total amount to be paid is automatically displayed in the app at vending machines, e-charging stations, on invoices and at checkouts, etc., in which the PAY WITH ME QR code is integrated. This amount is due for payment. The user must inform the seller immediately of any discrepancies between the total amount displayed in the app and the details at the machine or point of sale/checkout.

If the purchase price is not automatically displayed in the PAY WITH ME app, the customer must enter the purchase price that is due for payment in the PAY WITH ME app using their smartphone keyboard.

1. Payment process

After transferring or entering the purchase price or donation amount in the app and selecting the payment method, the user is prompted to authenticate. Authentication can be carried out using Touch ID or Face ID, depending on the user settings. The user must authenticate their account separately before each purchase by using their Touch ID or Face ID.

In the case of IBAN (payment by account), the account-holding bank may require a second factor for authentication.

4.1 Precautions against misuse

The user is obliged to take all reasonable precautions regarding the biometric authentication function and to protect it from unauthorized access by third parties. In particular, the user is not permitted to disclose his/her individual authentication feature to third parties. The user is also obliged to report the loss, theft or misuse of his individual feature or his smartphone or other end device with which he uses the app or any suspicion thereof to customer support immediately after becoming aware of it.

4.2 Responsibility

The app provider uses a third-party service provider (“payment processor”) to process the payment. For this purpose, the app provider transmits the necessary data to the payment processor.

4.3 Payment function with Mastercard, Visa, American Express, Dinners Club, Discover Card and IBAN (payment by account)

To use the payment function with Mastercard, Visa, American Express, Dinners Club, Discover Card, the user must enter their credit card details once in the app. When these details are entered, they are stored solely for the purpose of providing the payment function. The payment data can be changed in the app at any time. The payment function can only be used if the complete and necessary payment data is provided and a biometric feature is secured in the user’s smartphone. As soon as the data in the app is partially or completely deleted, the payment function can no longer be used.

4.4 Processing

By confirming a specific payment, the user undertakes to pay the amount described in section 2.2 and agrees to the seller’s GTC. This amount will be debited directly from the means of payment/account stored by the user in the app. In this respect, the user waives the right to receive a receipt in paper form. The transaction is also displayed in the transaction overview of the app.

4.5 Means of payment

Payments shall be made via the selected or deposited means of payment/account. The user undertakes to ensure that the means of payment/account selected by him/her has sufficient funds. The app provider reserves the right to refuse any means of payment specified by the user.

4.6 Repayments

In the event of a complaint/return/multiple payment for the same service, the customer must send a cancellation request to info@ziib.de. The cancellation request will be checked and, if necessary, an automatic reversal of the payment will be initiated.

4.7 Warranty and liability

Warranty claims arising from the service paid for must be asserted against the contractual partner within a period of 24 hours. If a defect only becomes known later, it must be asserted to the contractual partner immediately after becoming known. The app provider accepts no liability for claims arising from the purchase service. Insofar as the provider of the app is liable to the user for payment mediation services provided, this is limited to the statutory minimum.

4.8 Payment process with PayPal at the vending machine/point of sale using PAY WITH ME

If the user purchases an item at a vending machine or point of sale and pays the purchase price via PayPal, ZIIB is the seller of the item and the purchase price is processed via Paypal@paywithcharlie.com.

4.9 Purchase process at vending machines/points of sale with PAY WITH MEplus

If the user purchases an item at a vending machine or point of sale that displays a notice about PAY WITH MEplus and pays there using the PAY WITH ME app, ZIIB is the seller of the item. ZIIB sells the goods/service packages on its own account and in its own name. Complaints must be addressed to reklamation@ziib.de. ZIIB warrants the goods to the customer in accordance with the customer’s statutory rights.

1. Terms of use PAY WITH ME app for donors

5.1 Scope of application

These Terms and Conditions of ZIIB Zahlungssysteme GmbH (ZIIB) apply exclusively to individuals or legal entities who make or wish to make a voluntary, anonymous donation without consideration (“Donation”) using electronic means of payment through the PAY WITH ME APP. These individuals or legal entities are collectively referred to as “Donor” hereinafter.

Donors can make donations using the PAY WITH ME APP by scanning a QR code.

We only accept conflicting or deviating terms of the contractual partner if we expressly agree to their validity in writing.

ZIIB reserves the right to amend or modify these terms and conditions in parts in order to adapt them in the event of changes in legislation, jurisprudence or the offer, or to comply with mandatory decisions of the authorities.

5.3 Description of the PAY WITH ME APP

The ZIIB is the operator of the PAY WITH ME app and the intermediary of the donation payments. Donations go directly from the donor to the donor’s donation account and are allocated from there to the donor.

Donors are clearly displayed in the app and named by name.

The ZIIB is not a broker, financial institution, creditor or charity. The ZIIB makes no guarantee, either express or implied, as to the accuracy of the information provided by donors or the actual purpose of the donation.

5.4 Charges

ZIIB does not charge any fees for arranging a donation.

When downloading or using ZIIB mobile offers or applications using a mobile device by the donor, standard prices, data rates or other fees may be charged by the donor’s mobile service provider.

In addition, there is the possibility that fees may be charged by the donor’s financial institution for direct debits processed through a ZIIB platform. Any fees of this nature are entirely at the expense of the donor.

5.5 Irreversibility of the transaction

As donations are anonymised before they are received by the donor, they can no longer be attributed to a donor afterwards. Therefore, donations processed once within the scope of these terms and conditions will not be refunded by ZIIB to donors.

The donor receives a confirmation of payment in their PAY WITH ME app in the transaction overview. A tax compliant donation receipt is issued only by the donor, which can be requested by sending the payment confirmation by email to the donor. The donor’s email address is displayed in the Pay with ME app.

5.6 Disruption and accessibility

ZIIB endeavours to provide all services offered in a trouble-free and uninterrupted manner. However, no guarantee is given to donors that the platforms will function consistently within the scope of these terms and conditions.

If the donor detects a malfunction or limitation of the function, he is encouraged to report it to ZIIB.

5.7 Warranty & Defect Liability

If a contractual performance is a matter according to § 90 BGB, the donor is entitled to the statutory warranty rights.

For all other contractual services, the liability is limited to breaches of duty for which ZIIB is responsible towards the donor, default and impossibility.

The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, limb and health, which are based on an intentional or negligent breach of duty on the part of ZIIB.

Use of the app by the donor is at his own risk. The services of the app are provided ‘as is’ and ‘as available’. In particular, the donor does not have any claims against ZIIB arising from breaches of duty by third parties whose goods or services are used during the use of the platforms.

5.8 Termination of the contractual relationship

The contractual relationship ends with the end of the use of the app by the donor, or termination of the use relationship or termination of the app by ZIIB.

ZIIB reserves the right to suspend or terminate individual user relationships in its sole discretion, and to block or delete related data.

5.9 Data & Privacy

For all information regarding the handling of donor data, ZIIB refers to its separate privacy policy (Privacy Policy – PAY WITH ME).

5.10 Limitation of liability for data

The donor’s liability claims under data protection law presuppose that an essential contractual obligation has been breached. Such claims are then limited to the damages foreseeable and typical of the contract at the time of conclusion of the contract. Claims arising from breaches of contractual obligations are excluded. The statutory limitation period applies to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, limb and health, which are based on an intentional or negligent breach of duty on the part of ZIIB.

1. Closing statements

Place of jurisdiction is Berlin