These Terms and Conditions govern your access to and use of all products (also “apps”, “applications”) operated by Alexander Käßner (also “pxlwaves lab”, “we”, “us”, “our”) with address in Torstr. 173, 10115 Berlin, Germany and VAT number DE311285529. “Product(s)” means all of our apps namely “MeterStats”, “Keepfully”, “MyLight”, “SpeakLine” and “Walkie”.
“App Store” under these terms may mean Apple App Store or Google Play Store, as applicable.
If you purchase our products from the Apple App Store Apple’s EULA applies, apart from the points listed on this page where they are described more precise or more specific.
If you purchase our products from the Google Play Store, the Google Play Terms of Service apply, apart from the points listed on this page where they are described more precise or more specific.
Some parts of our products are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
Your Subscription will be charged to your App Store account at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless canceled at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
You can manage your Subscription or turn off auto-renewal at any time from your App Store account settings. Cancellation of the active Subscription period is not allowed.
pxlwaves lab may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged until the Free Trial has expired.
On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, pxlwaves lab reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Subscription Fee Changes
pxlwaves lab, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You may be entitled to request a refund of your purchase on reportaproblem.apple.com (see also Apple’s EULA). We kindly ask you to contact us before considering a refund — We constantly want to improve our products and services, and your feedback is crucial to that.
Bugs & Data Loss
Even though we strive for perfection it’s nearly impossible to build great software that is bug-free. Unfortunately we cannot guarantee malfunction-free operation, including the possibility of data loss or critical failure. We encourage you to back up your data regularly.
If you have any questions about these Terms and Conditions or any of our products, you can contact us by email at email@example.com.
The products are provided “as is” and without warranties of any kind, whether express or implied. pxlwaves lab disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. pxlwaves lab does not warrant that the products will be error-free or uninterrupted, or that any defects will be corrected.
Limitation of Liability
In no event shall pxlwaves lab be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the products, even if pxlwaves lab has been advised of the possibility of such damages. pxlwaves lab’s total liability under these Terms shall not exceed the amount paid by you, if any, for accessing the products.
You (“the Client”) agree to indemnify, defend, and hold harmless pxlwaves lab, its affiliates, directors, officers, employees, and agents (“the Indemnified Parties”) from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to your use of the products, including but not limited to:
- Any breach of these Terms of Service or any other agreement between you and pxlwaves lab.
- Any violation of applicable laws, regulations, or third-party rights by you.
- Any use or reliance on the products, including the access or transmission of any content or information through the products.
- Any negligence, willful misconduct, or unauthorized actions by you or your authorized representatives.
The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify them under this clause. You agree to cooperate with the Indemnified Parties in asserting any available defenses.
The Client acknowledges that the products are provided “as is” and without warranties of any kind. The Indemnified Parties disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Client agrees to use the products at their own risk and acknowledges that the Indemnified Parties shall not be liable for any damages arising out of or in connection with the use of the products.
The Client’s obligation to indemnify the Indemnified Parties shall survive the termination or expiration of these Terms of Service and the Client’s use of the products.
Applicable Laws & Legal
These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany, excluding any conflicts of law rules.
Last Updated: June 08, 2023