The Thingsy App is made available to the User free of charge. Some features of the Thingsy App, however, may only be available via subscription or purchase with costs. In order to use all features of the Thingsy App, the registration as a User with a user account including a username and a valid email address as well as access to the Internet may be necessary.
For some features, the Thingsy App will have to access contacts, photos, location information and further data on the User’s smartphone which Thingsy might only be able to access with the express consent of the User. Such access allows the User for example to add a profile picture to his/her user profile or store an address for the repair handling. Depending on the operating system used, the User must expressly confirm such access, if applicable, or can expressly block the access for Thingsy.
Thingsy allows for sending messages between Thingsy App users and to third parties, including email messages. The User expressly agrees to receive such messages and undertakes not to send any messages via the Thingsy App which violate any laws as well as not to cause others to send such messages. Thingsy shall be entitled to contact the User with messages via the Thingsy App or email at any time.
With regard to user content subject to intellectual property rights, the User shall expressly grant Thingsy a royalty-free, sublicensable, non-exclusive and worldwide license to use such content in connection with Thingsy subject to mandatory legal provisions.
Thingsy shall endeavor to ensure a high availability and reliability of the Thingsy App (“best effort”). However, Thingsy can expressly not guarantee that the Thingsy App or individual features of the Thingsy App are continuously, at any time and/or fully available.
The User shall not be legally entitled to use the Thingsy App. Thingsy may discontinue its providing of the Thingsy App or exclude the User from using the Thingsy App at any time without stating any reasons. Thingsy may change the Thingsy App at any time without stating any reasons, in particular with regard to paid functionalities, if any.
Limitation of Liability
Subject to mandatory legal provisions, Thingsy shall not assume any liability for direct or indirect damage caused by the use of the Thingsy App or in connection with the Thingsy App.
Subject to mandatory legal provisions, the use of the Thingsy App shall be exclusively governed by Swiss laws with Zurich (Switzerland) being the exclusive place of jurisdiction.