General Terms and Conditions (GTC) of himony
Version: 1.1 Date: November 2023
Welcome to himony - your application for the organization and management of collaboration and living together in groups or for you as an individual. Himony is offered to you by BitFriends GmbH, Winnweiler. By registering and using himony, you agree to these General Terms and Conditions (GTC). If you do not agree to these terms and conditions, we ask you to refrain from using our application. The following terms of use govern our business relationship and thus form the basis for a trusting cooperation. If you have any questions or need support, please contact the himony team primarily via support@himony.app.
Himony offers you a modular web application for organization and collaboration that is optimized for use on the common, fully functional web browsers of desktops, tablets and smartphones. Thanks to the modular structure and customizable templates, we strive to design the use individually for each user. Himony is under constant development and may be changed, expanded or reduced at any time, even without giving reasons and without prior notice. No guarantee is given for the functionality or availability of Himony, but our aim is to offer the highest possible availability. In the future, certain functions will be marked as "Stable" to enable you to use them reliably. The basic functions of himony are free of charge, and it is planned to introduce premium features, which may be subject to a charge. We reserve the right to decide which features are free and which are chargeable, and it is possible that previously free features may become chargeable in the future.
In order to use himony, you confirm that you are of sound mind and hereby agree to our Terms of Use. Capacity requires that you are at least 13 years old or, if younger, that you have the express consent of your legal guardian. By using himony, you expressly agree to these terms and conditions and guarantee that you fulfill the legal requirements for agreeing to these terms and conditions. If you do not agree to these terms and conditions, you may not use himony.
As a user of himony, you undertake to use the application exclusively for the purposes intended and recognizable by us. You further undertake to use the Application in accordance with all applicable laws and regulations and, in particular, not to engage in any illegal or fraudulent activities. You are responsible for maintaining the security of your account and preventing any unauthorized use by third parties. This includes keeping your login information secure and taking reasonable steps to protect your account from unauthorized access.
The financial management function in himony is used for the informal recording of reciprocal income and expenses within a group. This function is a tool to facilitate overviews of shared costs and is not intended to create legally binding contracts between users. It is the responsibility of each individual to ensure the accuracy and fairness of entries. Himony assumes no responsibility for the balance of finances within the group or for the enforcement of payments.
The protection of your data is important to us. By using himony, you confirm that you have taken note of our privacy policy and agree to it. The privacy policy describes how we collect, process and protect your data. We recommend that you read the privacy policy carefully in order to develop an understanding of your rights and how to exercise them.
You retain all rights to the data you enter in himony. BitFriends GmbH does not claim ownership of the content you provide. However, you grant us a license to use this information to the extent necessary for the operation and improvement of himony. This includes the creation of anonymized data aggregations to determine general trends and averages that we can make available to other users as a guide. We do not sell personalized data and do not share information that could identify you as an individual without your explicit consent.
Should BitFriends GmbH sell the himony application or significant parts of it to a third party or spin it off to a new company, we may transfer your data as part of the transaction, provided that the data-receiving party agrees to treat your personal information in accordance with the Privacy Policy in effect at the time of the transfer. We will notify you of any such transfers and ensure that your rights and freedoms in relation to your information are adequately protected.
The use of himony is at your own risk. BitFriends GmbH accepts no liability for the availability and functionality of the service. Furthermore, we are not liable for damages caused by the use or impossibility of use of himony, unless such damages were caused by intent or gross negligence. This exclusion of liability does not apply in the event of injury to life, limb or health, nor in the event of a breach of essential contractual obligations (cardinal obligations); in this case, however, liability is limited to the foreseeable damage typical of the contract.
In the event of a violation of the terms of use of himony or in the event of legal violations by the users, they undertake to indemnify BitFriends GmbH against all claims of third parties, including reasonable legal defense costs. In the event of such claims, users are obliged to provide BitFriends GmbH immediately, truthfully and completely with all information necessary for the examination of the claims and for defense. Users are liable to BitFriends GmbH for any damages resulting from the aforementioned violations.
BitFriends GmbH offers himony "as is" and "as available" without any warranties of any kind, either express or implied. We do not guarantee the constant availability, the range of functions, the correct functioning or the compatibility of himony with your systems. However, we always endeavor to ensure and improve the functionality and availability of himony for the benefit of our users.
The himony website provides you with information about our application and serves as a platform for general information about our services. The use of the website is intended for informational purposes only. We reserve the right to change or update the content of the website at any time.
All contents of the himony website, including text, graphics, logos and images, are protected by copyright and are the property of BitFriends GmbH or its licensors. The use of this content without our express written permission is strictly prohibited.
Our website may contain links to external third party websites. These links are provided solely as a convenience to you. We have no control over the content or practices of these external websites and accept no responsibility for them.
BitFriends GmbH reserves the right to take appropriate action in the event of violations of himony's terms and conditions. This may include restricting access to certain functions, temporarily or permanently blocking your account or taking legal action, depending on the severity of the violation and applicable law.
BitFriends GmbH reserves the right to change these GTC at any time and without prior notice. Changes will take effect as soon as they are published on our website or in the himony app. It is your responsibility to check the GTC regularly for changes. By continuing to use himony after the changes have been published, you expressly acknowledge these changes.
The law of the Federal Republic of Germany shall apply to these GTC and the use of himony, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, as far as legally permissible, the registered office of BitFriends GmbH in Germany. Despite the international availability of himony, it is possible that the service cannot be used legally in all countries. It is your responsibility to check whether your use of himony is legal in your country.
Should any provision of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the original purpose.
BitFriends GmbH will inform you about important changes or information about himony via the e-mail address you have provided or directly in the application.
These GTC represent the entire agreement between you and BitFriends GmbH regarding the use of himony. Changes or additions to these GTC must be made in writing.