Term

TERMS AND CONDITIONS

Welcome to the StellarApp, an App developed and controlled by Stellar, a business domiciled in Baden-Württemberg ,Germany. We (also referred to as ‘company’) provide this app as a service to help users discover Products and Services with related vouchers and flyers that are in closest proximity to the user around his/her city. The app is geo-located and informs directly about points of interest within the geographical area.

You must carefully read these terms and conditions that govern your use of our app, as you use of the Stellar's App means that you agree to be bound by this legal agreement, as well as all other notices, guidelines and policies applicable to this app anytime you access or use this app and our official app in any way. If you do not agree fully with any or all of the provisions of these terms, you must instantly discontinue using this app.

We may modify, alter, add to or delete from this agreement in part or in full at any time based on our discretion and without prior notice to you. Please understand that we will take your use of the Stellar's App app after any change is made as your consent to continue to be legally bound by the terms as changed. We will indicate the last updated date at the top center of this page every time we modify or review our terms.

 

 License and permission granted; and user accounts

We offer this app, its contents, services and materials for use both in the Germany and in other countries, with the provision that users must be at least 18 years old. To be eligible to use the app, you must first download the app from GooglePlay or Apple Appstore and then complete a user registration process. We will ask you to submit your email address and choose a password to complete the registration process. With these, you can create a personal StellarApp user account. You are solely accountable for safeguarding the security of your username and password, and you are fully accountable for any unauthorized use of your account and every single activity that occurs under your account.

You also pledge to keep only current, complete, and accurate information under your account. Failure to do so may mean an inability to access and use our app and its services. We also may terminate this agreement under such circumstances. We reserve the right to validate the authenticity of any information and details you provide, and may delete your account and/or deny you access to the app if your provided information is found to be incorrect, false, or calculatedly misleading.

We grant all eligible users, as previously defined, a limited, non-assignable, mutable, and non-sub licensable license to access and use this app for personal commercial use only. This license and permission shall remain as long as you do not modify any or all portions of the app, except you have our explicit written consent. The license shall also remain in effect as long as you do not undertake any commercial use or the resale of the Stellar's App or its contents in any way. Your violation of any of these provisions will be automatic grounds for the withdrawal of the license granted to you by us to access and use the App.

 

User conduct

All users of the Stellar's App app consent to abide to the following rules of conduct in their use of the app:

You use of our App and services must not be for any illegal purpose; must not violate or attempt to interrupt the security of the app; and/or may not evade, or attempt to circumvent any security measures available on the app;

You may not violate or breach any applicable laws or regulations in your use of StellarApp; utilize or attempt to use any procedure, software or device to interfere with the proper working of the app; send any junk e-mail to other Stellar's App users; and/or use the Stellar's App app to distribute content that encourages or inspires racist and/or criminal offenses;

You are not to allocate, transfer or permit any other individual to use your account; act in any way that infringes or violates other people’s rights or that violates the law; breach any contract or legal duty that you have toward a third party in your use of the app and its services;

You are not to use our services to offer any products or services that are illegal; to transmit, duplicate, store, or send materials and content containing spyware, computer viruses, or other malevolent computer software; and/or attempt to gain unlawful access to any information available on the app or to any of the networks used in providing this service;

You may not use our services to violate any of our policies, rules, or guidelines, or violate any applicable law or regulation; promote other apps, apps, services or businesses in any way; meddle with any other individual’s use of the site; and/or use any kind of software or device to “crawl” or “spider” any part of the app;

Do not reverse engineer any aspect of the app in an effort to access source codes, underlying ideas, or algorithms; act in a manner that imposes an unreasonable burden on our infrastructure, or on our third-party providers; transmit, post or email to any other user any information, pictures or other material, which in the opinion of StellarApp is racist, sexually explicit, threatening, abusive, libelous or obscene, sexually suggestive;

You may not transmit, post or email to any other user any information, representations or other material, which in the rational opinion of StellarApp is capable of offending other users’ political or religious beliefs; and/or post or replicate in any way any information whose Intellectual Property Rights belong to a third party without the explicit approval of the owner of such rights.

If you are found to breach any of the provisions of these terms, you will be held solely responsible for any legal costs and losses arising out of your breach. We may terminate your use of the site without any prior warning if you breach any of these terms.

Any unauthorized or illegal use by you automatically terminates the permission or license granted by The Stellar's App to use this app.

 

Intellectual property and copyright policy

Except we clearly state so to the contrary, all materials (including but not limited to pictures, graphics, icons, video clips, designs, software and written content) made available on the StellarApp app are trademarked, copyrighted, controlled or licensed by Stellar Store, its parents, associates or by third parties who have licensed such materials to Stellar Store. All such materials are protected by German copyright laws as well as international copyright laws. We expressly proscribe any unauthorised reproduction.

www.stellar.city, our logos, page headers, scripts, button icons, and service names included in or made available through the app and app are trademarks or trade dress of StellarApp in Germany and other countries.  All rights reserved.

 

User content

We allow users to transmit and upload content and comments on the Stellar Store, and you understand and accept that any material that you make available to us through transmission to the StellarApp, including without limitation any information, questions, comments, and suggestions will be considered as and treated as non-proprietary and non-confidential. You hereby grant StellarApp the right to use any such material that you transmit or upload for all purposes and reasons, including but not restricted to the reproduction, publication, disclosure, transmission, broadcast, and uploading of such content and materials.

While any user content so made available by you remains your property, by providing such user content to StellarApp, you grant us a worldwide, nonstop, transferrable, irreversible, royalty-free license, with the right to make derivative works of, openly show, sub-license, duplicate, alter, distribute, publicly perform, and to use such content without additional notice to you or consent from you, and without the need of reimbursing you or any other individual or entity.    

Your uploaded content must not violate any local, state, federal, or international laws; must not encourage criminal offenses; must in no way be unlawful, impolite, disparaging, defamatory, harassing, disrespectful, threatening, slanderous, or humiliating to any other person or entity; and/or must not give the  false impression that you are someone other than yourself on the app.

You understand and accept that we do not accept any liability for any defamatory statements or any other unpleasant comments made on the app.

 

Third party apps/apps

We may provide links to the apps and websites of other companies, organizations and third party apps on the StellarApp app, but such links are there to simple make our users’ lives easier. You are not to take the inclusion of such links in the app as a commendation or endorsement of the products, procedures, content, services, and processes of such third party websites and apps, except we specifically say so.

We may also facilitate the ordering and receipt of other products, information and services from third party apps and businesses that are neither owned nor operated by us. All matters regarding the merchandise, information or services, including without limitation the purchase, payment, warranty, maintenance, guarantee, and delivery, ordered or received from such linked businesses are solely between you and such businesses.  Your use of linked third party sites is exclusively at your own risk, and we advise that you check such linked apps’ and websites’ terms and conditions before using them.

 

Subscription

By registering with StellarApp as a user, you will be required to pay a monthly subscription of (please insert amount) to receive our services. Subsequent payments of your subscription shall be on the monthly anniversary of your first subscription using the same initial payment method that you used for payment. StellarApp reserves the right to cancel your subscription at any time without a refund and without liability if we reasonably believe that such an account is being used for marketing purposes or for other improper uses.

 

Payment and card processing

You may make payment for your subscription whether by PayPal. Your debit and/or credit card will be processed online.

 

Delivery

We will consider your order delivered once we have given you access to products and Services with related vouchers and Flyers that are in closest proximity to you around your specified location.

 

Order Cancellation

If you are not satisfied with our services, you may request a cancellation. You however understand and accept that such cancellation requests must reach us at least one week before the end of your current subscription. All cancellation requests made less than seven days to the end of your current subscription will not be honored and you will be liable for the next month’s subscription. In this case, your cancelation will only be effective in the next month.

 

Refunds

You also understand that we do not under any circumstances offer refunds. If you are not satisfied with our services, your only recourse is to cancel your subscription and discontinue using our website and services.

 

DISCLAIMER/LIMITATION OF LIABILITY

THE STELLAR STORE IS PROVIDED FOR USE ONLY ON AN “AS IS AND AS AVAILABLE” BASIS. WE DO NOT REPRESENT THAT IT WILL SATISFY YOUR EXPECTATIONS OR MEET YOUR REQUIREMENTS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER DIRECT OR IMPLIED, REGARDING THE OPERATION OF THE OR THE INFORMATION, MATERIALS, OR CONTENT, DISPLAYED ON THE APP.

WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF SUITABILITY, MERCHANTABILITY, DEPENDABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE FULL EXTENT THAT IS PERMISSIBLE BY APPLICABLE LAW. WE WILL IN NO WAY BE LIABLE OR ANSWERABLE FOR ANY LOSS/DAMAGE (BE THEY DIRECT, RELATED, SECONDARY, PUNITIVE, OR FAR-REACHING) IN CONNECTION WITH YOUR USE OF THIS APP.

WE WILL NOT BEAR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY SITUATION BROUGHT ABOUT BY EVENTS BEYOND OUR REASONABLE CONTROL OR FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND ARISING AS A RESULT OF USING THE STELLARAPP. WE WILL NOT BEAR ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY MATTERS BEYOND OUR CONTROL OR FOR ANY UNFORESEEABLE MISFORTUNES OR HARMS.

WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONTENT POSTED TO THE STELLARAPP APP BY USERS. IF YOU ARE A REGISTERED USER OF THE APP, WE WILL NOT BE LIABLE FOR ANY DAMAGES, HURTS OR LOSSES YOU SUFFER AS A RESULT OF A THIRD PARTY USING YOUR ACCOUNT WITHOUT PERMISSION.

WE GIVE NO WARRANTIES AS TO THE CONTINUITY OF THE APP OR THAT IT WILL BE ERROR FREE, THAT MISTAKES WILL BE RECTIFIED ONCE DISCOVERED OR THAT THE STELLARAPP APP OR THE SERVER THAT MAKES IT AND ITS SERVICES AVAILABLE ARE VIRUS-FREE OR FREE FROM OTHER HARMFUL OR DESTRUCTIVE COMPONENTS.

STELLARAPP SHALL NOT BE ANSWERABLE FOR CASES IN WHICH IS IMPOSSIBLE TO PROVIDE THE CONTRACTED SERVICES DUE TO FORCE MAJEURE WHERE THECHNICAL EQUIPMENT IS LOCATED, PROBLEMS WITH THE INTERNET, TECHNICAL OR OTHER RANDOM EVENTS AND OBJECTIVE REASONS, INCLUDING ORDERS OF COMPETENT STATE AUTHORITIES. 

STELLAR'S APP SHALL NOT BE RESPONSIBLE FOR DAMAGE OR LOST PROFITS SUFFERED BY THE USER IN THE PROCESS OF THE USE OR NON-USE OF CONTRACTED SERVICES. STELLAR'S APP SHALL NOT BE LIABLE FOR DAMAMGES CAUSED BY OVERCOMING THE SECURITY MEASURES OF THE TECHNICAL EQUIPMENT THROUGH WHICH SERVICES ARE PROVIDED.

NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE AND/OR LIMIT ANY LEGAL RESPONSIBILITY FOR INJURY OR DEATH RESULTING FROM THE STELLARAPP’S DECEPTION, CARELESSNESS, OR OTHER LIABILITIES WHICH MAY NOT BE RESTRICTED OR EXEMPTED BY LAW, OR THAT IS AIMED AT AFFECTING YOUR STATUTORY RIGHTS AS A CONSUMER.

IN THE EVENT THAT SOME APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THIS LIMITATION WILL NOT APPLY TO YOU.

Governing law and jurisdiction

This user agreement is construed under and in accordance with the applicable laws of Germany. Its courts shall have exclusive jurisdiction in any proceedings or actions arising out of this agreement.

 

Severability

If any term of this agreement is held by any proficient court or authority in Germany to be invalid (whether in part or in full), the validity of the other provisions of this agreement shall be unchanged and remain effective while the affected term will be struck and replaced with another that most closely reflects the original intention of that affected provision.

 

Indemnification

You hereby agree to protect, safeguard and hold StellarApp, its owners, affiliated companies, and their managers, directors, officers, and employees blameless and innocent against all liabilities, charges, damages, legal costs and accounting fees and all other expenses related to any claims or any legal actions brought against StellarApp because of your breach of any portion of these terms or any other liabilities connected to your use of this app.