Terms and Conditions of Use
1.Provider and Scope
These terms and conditions apply to the use of the mobile application TravelSmarty (“App”) and the website travel-smarty.com (“Website”), including all associated features and services provided by:
Jörg Heutmanek IT-Solutions, Jahnstraße 110, 64285 Darmstadt, Germany, support@travel-smarty.com
The App is made available through the respective platforms (Google Play Store and Apple App Store) and serves exclusively to provide digital content as part of paid subscription services
2.Subject of the Agreement
The subject of this agreement is the use of the App and Website and access to certain digital features and content that are unlocked exclusively through a paid subscription. The contract is concluded solely via the respective app store (Google Play or Apple App Store). Details regarding the functions and services are provided in the respective app store descriptions
3.Registration and User Account
- Certain features of the App require registration. Users must provide accurate and complete information during registration.
- Users are required to keep their login credentials secure and not disclose them to third parties.
- The provider reserves the right to block or delete user accounts in case of violations of these terms
4.Use of the App
- The App is provided “as is.” There is no entitlement to specific features or uninterrupted availability.
- The provider reserves the right to change, restrict, or discontinue the App at any time.
- Use of the App is at the user’s own risk
5.App Services
- The App provides various features, including exchange rate data for converting foreign currencies.
- The exchange rates are based on external sources and may differ from actual market values.
- Due to technical constraints, rounding differences or calculation deviations may occur. The provider accepts no liability for such deviations.
- Exchange rates may change continuously. The App updates rates regularly but does not guarantee that displayed rates reflect current market values. The conversion rates are for informational purposes only and are provided without warranty.
- Delays in data updates may occur.
- When entering expenses in base or foreign currencies, small deviations may occur due to exchange rate conversions, which can result in negative totals
6.Usage Rights and Intellectual Property
- By downloading the App, the user receives a simple, non-transferable, time-limited license for the duration of the agreement.
- All content in the App (texts, logos, design, software) is protected by copyright and other intellectual property laws.
- Any further use, especially duplication, distribution, or public display, is prohibit
7.Subscriptions and In-App Purchases
- The base version of the App is available free of charge.
- Additional features and data quotas are available via paid subscriptions (Basic, Premium, Pro).
- Prices and features of subscriptions are described in the App and in the respective app store listings.
- Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period.
- Billing and cancellation are handled exclusively through the respective app store (Apple or Google).
- In case of failed payments or chargebacks, access to premium features may be suspended.
- Refunds are only possible under the terms of the respective app store.
- Users are responsible for observing the cancellation periods and conditions of their subscriptions
8.Minimum Terms & Termination
- Monthly subscriptions can be canceled at any time, taking effect for the next billing cycle.
- Annual subscriptions have a minimum term of 12 months. Cancellation is possible at any time but only takes effect at the end of the term. Early termination or refunds are excluded.
- Cancellations must be made by the user directly in the app store
9.Right of Withdrawal
- As subscriptions are concluded exclusively via third-party platforms (app stores), the right of withdrawal is governed by the respective store’s policies. The provider does not offer a separate right of withdrawal.
- Consumers in the EU have the right to withdraw from the contract within 14 days without giving any reason.
- This right expires once the user expressly consents to the immediate start of the service and acknowledges the loss of the withdrawal right, especially in the case of digital content and subscriptions.
- Refunds are handled under the app store’s policies. The user must initiate a withdrawal through the respective store account
10.Availability and Changes
- We aim to ensure uninterrupted availability of the App and its features. However, temporary disruptions may occur due to maintenance, technical issues, or force majeure.
- The provider strives to maintain high availability but does not guarantee continuous access or support.
- We assume no liability for third-party services (e.g., API data, app store functions).
- The provider may update, modify, or discontinue the App at any time
11.Disclaimer of Liability
- The provider is only liable for damages caused by intentional or grossly negligent conduct.
- No warranty is given for the accuracy of the data provided in the App.
- The provider is not liable for damages resulting from the use of the App, especially not for errors in currency conversion or related calculations.
- All subscriptions are subject to the terms and conditions of the respective app store. The provider has no access to payment data or subscription management.
- No liability is assumed for failures of third-party services (e.g., Firestore, RevenueCat, Google, Apple).
- The provider is not liable for direct or indirect damages arising from the use of the App.
- Use of the App is at the user’s own risk
12.Data Protection
- The processing of personal data is carried out in accordance with the App’s privacy policy. Users are advised to review it separately at: http://www.travel-smarty.com/privacypolicy
- The applicable data protection laws include the GDPR (EU), TTDSG (Germany), and CCPA (for users residing in California). Users outside the EU or the USA are subject to the applicable data protection regulations of their country of residence
13.Prohibited Use
- Use of the App for illegal purposes, automated queries, scraping, reverse engineering, or similar actions is prohibited.
- Automated or fraudulent use (e.g., bots, scraping) is not allowed.
- The provider may block users or deny access to the App in case of violations and may take legal action
14.Amendments to Terms of Use
The provider reserves the right to change these terms at any time. Changes will be communicated appropriately. Continued use of the App after such changes constitutes acceptance of the new terms
15.Final Provisions and Governing Law
- If individual provisions of these terms are or become invalid, the validity of the remaining provisions shall not be affected.
- The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer residing in another country, mandatory consumer protection provisions of that country remain unaffected.
- The place of jurisdiction for all disputes arising from or in connection with these terms is the provider’s registered office, to the extent legally permissible
16.Dispute Resolution and OS Platform
- In the event of disputes related to the use of the App or these terms, users are encouraged to seek amicable resolution with the provider.
- The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/
- The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board
These terms are also available in German. In the event of discrepancies between the translated and the German version, the German version shall prevail
Last updated: April 2025
