Terms of Service for PreisJohnny

These Terms of Service govern the use of the PreisJohnny application (hereinafter "App" or "Service").

1. Scope and Contracting Party

1.1 Provider

Nikolas Molinari
Technikerstraße 6/1/11
2340 Mödling
Austria

Email: nikolas.molinari@gmail.com

1.2 Scope of Application

These Terms of Service apply to all users of the PreisJohnny App. By registering for and using the Service, you accept these terms.

2. Service Description

2.1 Features

PreisJohnny is an application for recording and documenting grocery prices. The Service offers:

• Price Scanning: Photographing and uploading price tags
• AI-Powered Price Extraction: Automatic recognition of product names, prices, and store information
• Location Detection: Automatic store identification based on GPS data
• Price Observations: Storage and organization of collected price data

2.2 Availability

The Service is provided "as-is." We strive to ensure high availability but do not guarantee uninterrupted access. Maintenance work and technical issues may cause temporary outages.

3. Registration and User Account

3.1 Requirements

Registration is required to use the Service. Requirements include:

• Minimum age of 16 years (with parental consent) or 18 years (without consent)
• Providing a valid email address
• Confirming your email address through verification

3.2 Account Responsibility

You are responsible for:

• The accuracy of information provided during registration
• Keeping your login credentials (email and password) confidential
• All activities that occur under your account

If you suspect unauthorized access to your account, you must notify us immediately.

3.3 One Account per Person

Only one user account per individual is permitted. Creating multiple accounts may result in suspension of all affected accounts.

4. Usage Rights and Obligations

4.1 Permitted Use

Use of the Service is permitted solely for the following purposes:

• Recording and documenting actual prices of groceries
• Personal price comparisons and purchasing decisions
• Contributing to price transparency in the grocery retail sector

4.2 Prohibited Actions

The following actions are prohibited:

• False Data: Uploading fake, manipulated, or misleading price information
• Spam: Mass uploading of irrelevant or duplicate content
• Misuse: Using the Service to harm others or commit illegal acts
• Reverse Engineering: Decompiling, disassembling, or otherwise reverse engineering the App
• Automation: Using bots, crawlers, or other automated means without express permission
• Circumvention: Bypassing security measures or technical restrictions
• Third-Party Accounts: Accessing other users' accounts or sharing your credentials

4.3 Consequences of Violations

In case of violations of these Terms of Service, we reserve the right to:

• Issue a warning via email
• Temporarily suspend your account
• Permanently delete your account
• Prevent re-registration

5. User-Generated Content

5.1 Ownership of Content

You retain ownership of content you upload (images, price observations). However, by uploading content, you grant us the following rights:

5.2 License Grant

By uploading content, you grant us a non-exclusive, worldwide, royalty-free, transferable license to:

• Store, process, and display your content
• Use it for providing the Service
• Use it in aggregated, anonymized form for statistical purposes
• Make it available to other users within the Service

5.3 Responsibility for Content

You warrant that:

• Your uploaded content does not infringe on the rights of third parties
• The price information you record is accurate
• Your content does not contain illegal, offensive, or harmful material

5.4 Right to Remove Content

We reserve the right to remove content without prior notice that:

• Violates these Terms of Service
• Is obviously false or misleading
• Infringes on third-party rights
• Causes technical issues

6. Intellectual Property

6.1 Provider's Rights

All rights to the App, including:

• Source code and software
• Design and user interface
• Trademarks and logos
• Compiled data and databases

remain with the Provider. Use of the App does not grant you any rights to these elements beyond the license required for use.

6.2 Restrictions

It is prohibited to:

• Copy, modify, or distribute the App or parts thereof
• Use trademarks or logos without permission
• Systematically extract or copy data from the Service

7. Disclaimer and Warranty

7.1 No Warranty for Data Accuracy

Price information extracted by AI is automatically generated and may be inaccurate. We do not warrant:

• The accuracy, completeness, or timeliness of displayed prices
• The accuracy of automatic product or store recognition
• The availability of products at the displayed prices

7.2 Limitation of Liability

To the extent permitted by law, we are not liable for:

• Indirect Damages: Consequential damages, lost profits, or data loss
• Usage Decisions: Decisions you make based on information displayed in the App
• Third Parties: Acts or omissions of third-party service providers we use
• Force Majeure: Outages due to circumstances beyond our control

7.3 Liability Cap

Our liability is limited in any case to the amount of any payments you may have made for the Service. Since PreisJohnny is currently offered free of charge, liability is limited to zero.

7.4 Unaffected Rights

The above limitations of liability do not apply to:

• Damages resulting from injury to life, body, or health
• Damages caused intentionally or through gross negligence
• Mandatory statutory liability provisions

8. Termination and Account Deletion

8.1 Termination by User

You may delete your account at any time and without giving reasons via the account deletion function in the App or by contacting us via email.

8.2 Termination by Provider

We may terminate or suspend your account in case of:

• Violation of these Terms of Service
• Suspicion of fraudulent activities
• Prolonged inactivity (with prior notification)

8.3 Consequences of Termination

Upon account deletion:

• Your account data will be permanently deleted within 30 days
• Your anonymized price observations will be retained (see Privacy Notice)
• Your access to the App will be revoked

9. Changes to Terms of Service

9.1 Right to Modify

We reserve the right to modify these Terms of Service to:

• Account for new features
• Comply with legal changes
• Improve the Service

9.2 Notification

You will be notified of material changes at least 14 days before they take effect via email.

9.3 Acceptance

Continued use of the Service after the changes take effect constitutes acceptance of the modified Terms of Service. If you object, you have the right to terminate your account.

10. Privacy

The processing of personal data is governed by our Privacy Notice. By using the Service, you agree to the data processing described therein.

11. Applicable Law and Jurisdiction

11.1 Applicable Law

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of private international law.

11.2 Jurisdiction

For all disputes arising from or in connection with this contract, the competent court at the Provider's place of business (Mödling, Austria) shall have jurisdiction, unless a different jurisdiction is mandatory.

11.3 Consumer Rights

The above provisions are without prejudice to mandatory consumer protection provisions, in particular the Austrian Consumer Protection Act (KSchG).

12. Online Dispute Resolution

In accordance with Regulation (EU) No. 524/2013, we inform you of the possibility of online dispute resolution:

https://ec.europa.eu/consumers/odr/

However, we are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

13. Severability Clause

If individual provisions of these Terms of Service are or become invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

14. Contact

If you have any questions about these Terms of Service, please contact us: