Terms and Conditions
OVERVIEW
This website is operated by I WANT AN ELEPHANT UG (haftunsbeschränkt). Throughout the site, the terms “we”, “us” and “our” refer to I WANT AN ELEPHANT.
I WANT AN ELEPHANT offers this website, including all information, Applications (especially App Store Manager and Release Notes Creator), and Services (throughout this site called “Services”) available from this site to you, the Contractual Partner, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site, using our tools/ or services, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
General Terms and Conditions of the Contractual Partner (and/or Terms of Service, etc.) shall expressly not become part of the contract, even if I WANT AN ELEPHANT does not expressly object to them.
Changes to these Terms of Service are only possible by written agreement between I WANT AN ELEPHANT and the Contractual Partner. Verbal deviations are not binding for I WANT AN ELEPHANT. Written agreements shall take precedence over these Terms of Service. Unless otherwise agreed in writing, these Terms of Service shall be governed by the applicable law, in that order.
Our services are hosted or use technology by Hosteurope GmbH, Google LLC, 1&1 Internet SE, Microsoft Corporation, Stripe Inc. They provide us with the infrastructure, services, and components that allow us to offer our services to you.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate exclusion from our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Services to anyone for any reason at any time.
You understand that your content (not including credit card information and login information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card and login information are always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Services Contracts
A contract between I WANT AN ELEPHANT and the Contractual Partner regarding the Services is concluded and begins with the creation of an account or the use of the Services by the Contractual Partner.
I WANT AN ELEPHANT offers a contract based on a monthly subscription for the use of the Services.
If the Contractual Partner does not terminate the contract, it will be automatically renewed for another month. If the Contractual Partner wishes to cancel the contract, it can do so in its account settings.
The cancellation can be made at any time via the account settings. The cancellation will take effect at the end of the last billing period.
Free Packages or promotions: I WANT AN ELEPHANT reserves the right, at its sole discretion, to cancel Free Plans, reduce/modify their scope and usage, or discontinue offering Free Plans altogether at any time. I WANT AN ELEPHANT shall have no liability to the Contractual Partner or any third party for any such termination, reduction/modification, or discontinuance. I WANT AN ELEPHANT may terminate, reduce, suspend, change the scope/content of, or discontinue the Free Plans at any time, including (but not limited to) for any of the following reasons (a) provision of false or incomplete information by the Contractual Partner to I WANT AN ELEPHANT; (b) misuse of the Free Plan; (c) changes to I WANT AN ELEPHANT’s business model (e.g., discontinuation of the Free Services or change in scope).
Section 5 – Use of the Services
Regarding the Services, the Contractual Partner is granted only a limited right of use, no ownership is granted, neither to the Services nor to parts thereof or the source code.
I WANT AN ELEPHANT only makes the Services available. The Contractual Partner is responsible for providing all resources necessary to access and use the Services or necessary for I WANT AN ELEPHANT to fulfill its contractual obligations. If the Contractual Partner fails to fulfill or breaches its contractual obligations, I WANT AN ELEPHANT reserves the right to suspend the use of the Services or terminate the Contract with immediate effect.
By linking their Apps to the Services, the Contractual Partner agree to I WANT AN ELEPHANT’s Privacy Policy (link) and Data Security Policy (link).
Plans may include basic or extended support depending on the plan purchased. I WANT AN ELEPHANT will do its best to make the Services available except for (a) planned downtime (of which Contractual Partner will be notified in advance) (b) unavailability due to circumstances beyond I WANT AN ELEPHANT’s control, such as war, acts of government, acts of terrorism or civil unrest, or technical failure beyond our control (force majeure). I WANT AN ELEPHANT does not warrant, represent or guarantee that the use of the Services by the Contractual Partner will be uninterrupted, timely, secure, or error-free. I WANT AN ELEPHANT does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Access data to the Services must be kept confidential. Access to the Services may not be disclosed to third parties without the prior written consent of I WANT AN ELEPHANT. The Contractual Partner may not use the Services for unlawful purposes, violate the rights, including personal data or intellectual property rights or trade secrets, of third parties, or are contrary to good business practices or morality. I WANT AN ELEPHANT shall not be responsible if the use of the Services violates any Store policies (App Store Connect Policy, Google Play Store Policy). Unless otherwise agreed in writing, I WANT AN ELEPHANT prohibits the use of the same App in multiple accounts.
I WANT AN ELEPHANT is authorized to audit the Contractual Partner’s use of the Services to ensure compliance with these Terms of Service. The Contractual Partner shall be obliged to cooperate in any such review.
Information about I WANT AN ELEPHANT’s Services that is not published by I WANT AN ELEPHANT is not binding on I WANT AN ELEPHANT.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
I WANT AN ELEPHANT currently offers one free plan of Services. Other plans are offered for a fee.
To the extent that the Services, or any portion thereof, are provided as part of a plan for a fee, the Contractual Partner is required to select a payment plan and provide I WANT AN ELEPHANT with information regarding the Contractual Partner’s credit card or another payment instrument.
I WANT AN ELEPHANT reserves the right to conclude contracts only after an advance payment has been made.
I WANT AN ELEPHANT reserves the right to make reasonable price changes in the event of excessive use of the Services. Excessive use is use that significantly exceeds average usage patterns, including but not limited to behavior that adversely affects the speed, stability, availability, or functionality of the Services to other users and/or system stability. Excessive use also occurs when a contractor uses the Services to provide services to third parties without first obtaining written consent from I WANT AN ELEPHANT. I WANT AN ELEPHANT also reserves the right to restrict, suspend, modify or terminate without notice the use of the Services for Contractual Partner who use the Services excessively. I WANT AN ELEPHANT will, to the extent possible, notify the Contractual Partner of excessive use to allow the Contractual Partner to modify its use to a level acceptable to I WANT AN ELEPHANT or to extend the Contractual Partner’s plan.
I WANT AN ELEPHANT reserves the right to increase fees for existing services (both free and paid services) or add new ones, with at least 30 days advance notice to the Contractual Partner.
The Contractual Partner assures I WANT AN ELEPHANT that the payment information provided during account creation is true and that the Contractual Partner is authorized to use the payment instrument. The Contractual Partner shall promptly update the Contractual Partner’s account information in the event of any changes (e.g., change in the Contractual Partner’s billing address or credit card expiration date).
The Contractual Partner agrees to pay I WANT AN ELEPHANT the amount specified in a payment plan under the terms of such plan and these GTC. The Contractual Partner hereby authorizes I WANT AN ELEPHANT to regularly bill the Contractual Partner’s payment instrument in advance under the terms of the applicable payment plan until the Contractual Partner terminates the Contractual Partner’s account. The Contractual Partner further agrees to pay all applicable fees.
If the contract partner decides to upgrade its tariff during the subscription period selected by it, the additional costs shall be spread pro-rata over the remaining term of the subscription and charged to the contract partner’s account. Subsequently, the Contractual Partner will be billed for the adjusted tariff in the Contractual Partner’s next billing cycle.
I WANT AN ELEPHANT may, in its sole discretion and for any reason, offer alternative fee structures, discounts, coupons, or incentives and is not obligated to offer such alternatives to all Users.
Payments are due unless otherwise agreed in writing, on the date the invoice is received without deduction in the agreed currency. Payment shall be deemed to have been made on the date on which I WANT AN ELEPHANT can dispose of it.
I WANT AN ELEPHANT is entitled to send invoices to the Contractual Partner in electronic form and the Contractual Partner expressly agrees to this form of delivery.
Pay-per-Use: If billing is done on a pay-per-use basis (e.g. billing on an app and/or character basis), the amount due for each month will be calculated according to the agreed pricing scheme. The amount due shall be calculated based on that day of the said month on which the use of the Services by the Contractual Partner was highest. This is the day of the month when most apps and/or characters were used. If both apps and characters are billed, the maximum day of the apps and the maximum day of the characters shall be billed separately.
The Contractual Partner is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
Section 7 – Money Back Guarantee & Refund Policy
I WANT AN ELEPHANT does not issue refunds or credits for partial months of application usage.
The exception to this is if a contractor cancels their (paid) account within 24 hours of registration and requests a refund by emailing support@IWANTANELEPHANT.com. In this case, I WANT AN ELEPHANT will refund the payments made by the Contractual Partner within 30 days.
Default of payment and other breaches of contract by the Contractual Partner
If the Contractual Partner defaults on any payment due, I WANT AN ELEPHANT may, without prejudice to its other rights, suspend performance of its obligations until such payment is settled.
I WANT AN ELEPHANT may declare all outstanding receivables from the relevant transaction or other transactions due and payable and charge default interest on such amounts at a rate of 8% above the prime rate from the respective due date. Any additional damages incurred by I WANT AN ELEPHANT may be claimed in addition, including reminder costs (in addition to the default interest, a fee of EUR 90,- may be charged).
Furthermore, if the Contractual Partner fails to fulfill or violates its contractual obligations, I WANT AN ELEPHANT reserves the right to refuse to fulfill its contractual obligations and/or to terminate the contract with immediate effect.
I WANT AN ELEPHANT is entitled to terminate, reduce, suspend, change the scope/content of, or discontinue any goods or services or contracts at its sole discretion or for a cause. Good cause shall include (but not be limited to) a change in I WANT AN ELEPHANT’s business model (e.g., discontinuance/restriction of certain types of services, etc.).
SECTION 8 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the formatting of the texts in the respective target stores. We cannot guarantee that the result is accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
SECTION 10 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 – THIRD-PARTY LINKS
Certain content, products, and services available via our Services may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies (especially the Apple App Store and Google Play Store policies) and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 12 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
You agree that your data, which is processed through our Service, comply with the respective target store policies.
SECTION 13 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; (l) or in any way that contradicts the actual purpose of this Service. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
We do not take any responsibility for the translated, generated, and transported assets (text and image), which are processed through our Service.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall I WANT AN ELEPHANT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless I WANT AN ELEPHANT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of Pelargusstr.5, Stuttgart, BW, 70180, Germany.
SECTION 22 – CHANGES TO TERMS OF SERVICE
These Terms of Service shall also apply to future transactions and additional agreements between I WANT AN ELEPHANT and a Contractual Partner, even if they are not expressly included in future contracts. The Terms of Service are always valid in their latest version.
Any new features added to the Services shall also be subject to these Terms of Service.
The Contractual Partner can view the latest version of the Terms of Service at any time on this website. I WANT AN ELEPHANT reserves the right to update, modify or replace any part of the Terms of Service by posting updates and/or changes on our website.
It is the responsibility of the Contractual Partner to check this website periodically for changes. The Contractual Partner’s continued use of the Services after changes are posted will be deemed acceptance of those changes.
These terms also apply to other terms and policies mentioned in the Terms of Service:
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at elephant [at} iwantanelephant {dot] com.