1. Preamble

1.1 The mobile Flasher app from Flasher GmbH, Stremayrgasse 16/4, 8010 Graz, Austria (hereinafter the “app” or the “application”) is intended to provide you with a holistic and personalized Flasher operating experience. The app serves as a companion app for compatible flasher devices. In addition to information about our products, the app also offers various functionalities that can be used to adapt the behavior of your compatible Flasher products to your needs. Examples of this include adjusting the indicator behavior or selecting the start modes of your flasher bangles.

1.2 When registering and using the mobile app, various rules must be observed, which we have formulated below. By registering and using the mobile app, you agree to the following terms of use.

2. Scope

2.1 Our mobile application is aimed at private customers. Use of the app by you or third parties for non-private purposes is not permitted.

2.2 In accordance with Regulation (EU) 2018/302 of the European Parliament and of the Council of February 28, 2018, we also make the app available to consumers residing in another member state of the European Economic Area and Switzerland under the same conditions and in the same way.

3. Features of the app

The app has various functions, in particular you can use it, for example, to carry out software updates on compatible Flasher devices, make function adjustments on compatible Flasher devices, access FAQs and tutorials, receive push notifications from us, subscribe to our newsletter, and use the Flasher referral program. Separate terms and conditions and data protection information apply to the rights and obligations in connection with the use of the referral program. Please note these when registering. must be taken into account when registering.

4. Registration

4.1 You can obtain the app free of charge from various sales platforms, in particular from the Google Play Store and the Apple Inc. App Store.

4.2 The app is designed for individual, registered users. In order to be able to fully use the app, you must log in to it with the access data for a Flasher app customer account. This means that in order to use the app comprehensively you must have a Flasher app customer account.

5. Use of the app

5.1 If you realize or should realize that our app is being used improperly and/or that there is or is a threat of a violation of these terms of use, you must inform us immediately. For this purpose, you can contact our customer service or use our contact form.

5.2 If a third party uses the app without authorization and you are responsible for this, you will be liable for any damage caused.

5.3 You warrant to us that you will not use any software or programming that changes or impairs the function and/or availability of the app or our other technical infrastructure, such as hacking attempts, brute force attacks, viruses and worms.

5.4 Please note our notices and information regarding the use of the app or the services accessible via it, in particular security information. If you do not implement the appropriate safety instructions, risks and disadvantages may arise.

5.5 No behavior on your part in connection with the use of the app or the services available through it may result in our legitimate interests and/or the interests of other users and/or our partners being harmed. When using the app, the following actions are particularly – but not exclusively – prohibited:

• Posting, accessing, offering or distributing content that violates data protection, personal rights, copyright, youth protection or criminal law provisions;
• Offering or disseminating offensive, defamatory, unconstitutional, racist, violence-glorifying, sexist or pornographic statements, images or content;
• Distributing computer viruses or other malware and similar files;
• Offering or disseminating ideological or political statements;
• Soliciting other users or third parties to disclose passwords or personal information for commercial or unlawful purposes.

5.6 Although we make the app available to users free of charge and for an indefinite period of time, we reserve the right to exclude individual users from registration or use at any time or to no longer operate the app as a whole or individual services that can be accessed via it , change it or offer it for a fee. If we can identify a legitimate interest in information, we will inform you about the reasons for this.

6. Copyrights

6.1 The software on which the app and the various functions accessible via it are based, as well as the content displayed in the app, are protected by copyright. These copyrights belong to us or our partners. You are obliged to take this into account and may not use any content of the application, regardless of its type, or the application itself beyond the normal use of the app. In particular, the reproduction, distribution and/or publication of content is not permitted without our express written consent.

6.2 You are entitled to use the software to use the app and the services accessible via it in the intended manner for your own purposes. For this purpose, we grant you a simple, spatially unrestricted and non-transferable right of use to the extent necessary for use. The right of use is limited to the duration of the usage contract that exists between you and us or our partners regarding the use of the app and the services accessible via it. We can revoke this right of use at any time.

6.3 You are obliged to install the software-related updates recommended by us, provided that this does not fundamentally change the content of the app. You will be informed about new updates as soon as we or our partners make them available and you connect the app to the Internet. You must establish a connection to the Internet.

7. Responsibility and Liability

7.1 Both we and you as a user are liable for the use of the app in accordance with the general legal regulations, unless otherwise stated in the following regulations.

7.2 In the event of gross negligence, our liability and our vicarious agents are limited to foreseeable damage.

7.3 Since we provide you with the app free of charge, we are only liable for intent; Any liability for negligence, including gross negligence, is excluded.

7.4 The above limitations of liability do not apply in the event of injury to life, body or health, with regard to obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely (so-called cardinal obligations ), insofar as we have provided a guarantee and for claims for which unlimited liability is mandatory by law, this applies in particular to claims arising from the Product Liability Act (ProdHG) and the General Data Protection Regulation (GDPR).

7.5 You release us from all damages and claims from third parties that are based on unlawful use of the app and/or a violation of these terms of use by you or attributable to you. The above claim also extends to the necessary costs and expenses associated with the claim or its defense.

7.6 Violations of these terms of use by you or attributable to you can lead to warnings and/or warnings, terminations and claims for damages on our part or by our partners against the user.

7.7 The content that is available via the app was created with the greatest care. However, we assume no liability for the topicality, correctness, completeness or quality of the information provided.

7.8 In the case of direct or indirect references to third-party websites (“links” or “hyperlinks”), we are not liable for these websites or for third-party content. Responsibility lies solely with the provider of these websites or the persons responsible for the external content.

8. Availability

8.1 We always endeavor to make the app and the services available through it available to you to an appropriate extent. However, there is no claim to availability of the app and the services accessible via it. If we provide the app and the services available through it free of charge, this is voluntary and at our sole discretion.

8.2 We do not guarantee minimum availability and/or freedom from errors for the app and its functions. We are not responsible to you for any errors and/or failures of the app, nor for any resulting damages and other disadvantages, in particular loss of data.

9. Data protection

In connection with this app, we process various personal data for different purposes. We explain the data processing processes that take place, their legal basis and your rights in the context of special data protection information, available at https://flasher.tech/pages/privacy-policy-app .

10. Changes to the app, the services available through it and the terms of use

10.1 We can change the functions of the app, the services provided via it and these terms of use at any time, in particular to take into account changes in the law, subsequent imbalances between performance and consideration or loopholes in the regulations or in order to offer you new services or adapt and/or discontinue old services.

10.2 The new terms of use will be made known to you via the app itself. These are considered agreed unless you object to them in text form within the app within three (3) weeks of receipt of the new terms of use. The objection can be made by uninstalling the app or by objecting to our customer service or via our contact form. In the event of an objection, the usage contract will be terminated two weeks after the end of the objection period.

11. Push notifications

If you have given us permission, we will send you personalized push messages via the app that contain product information that is particularly interesting to you and information about new functionalities. You can object to the sending of push notifications at any time or prevent them by changing your personal settings (under my profile / profile settings / notifications).

12. Deletion and Termination

12.1 We may terminate the user agreement in relation to the app or your participation in a service that is available via the app if you violate these terms of use or if there are other legitimate reasons on our part, for example a reasonable suspicion that manipulation, such as multiple registrations , given is. If we have terminated the user agreement and/or participation in one or more services, you may not log in to the app or the relevant service again without our express consent.

12.2 The user can uninstall the app and/or terminate one or more services at any time - subject to special regulations for individual services.

12.3 Uninstalling the app means that participation in other services is no longer possible.

13. Newsletters

You have the option of registering for our newsletters via the app and can unsubscribe from them at any time.

14. Contract language and choice of law

The contract language is German. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the country in which you have your habitual residence when the contract is concluded remains unaffected by this choice of law.

15. Final provisions

If parts of these terms of use are invalid or become ineffective in whole or in part, this will not affect the validity of the rest of these terms of use.

As of: January 1, 2024