Terms of Use

Thingsy is an app (hereinafter “Thingsy App”) and service provided by Thingsy GmbH (hereinafter “Thingsy”) in Switzerland. By using Thingsy the user (hereinafter the “user”) confirms to have read and understood these terms of use and agrees to them.

Basic Terms

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.

The Thingsy App is partially provided via App Stores and their associated infrastructure, for example the Apple App Store and the Google Play Store. The User shall use such App Stores independent from Thingsy and the respective Terms of Use shall apply.

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.

Thingsy enables users to order services directly via the Thingsy App from selected cooperation partners of Thingsy (hereinafter the “Partner(s)”). The contract between the Partner and the respective Thingsy App user is concluded directly between the Partner (as seller) and the user (as buyer). In this context, Thingsy acts exclusively as an intermediary and service provider for the Partner and the user but does not itself become a party to the contract. Users acknowledge and agree that their contract with the Partner may be governed by the Partner’s General Terms and Conditions and a separate Partner Privacy Policy, which both are the sole responsibility of the Partner.

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.

In the case of violations of these terms of use and in the case of violation of rights and corresponding claims of third parties, the User shall expressly indemnify Thingsy from any liability and shall be liable for damages vis-à-vis Thingsy to the full extent.

General terms

Thingsy may change these terms of use at any time. The User will be informed about such changes in a suitable manner. The User may discontinue the use of the Thingsy App at any time. By continuing the use of the Thingsy App after changes of these terms of use have been notified, the User shall expressly consent to such changes.

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.