GENERAL TERMS AND CONDITIONS AND TERMS OF USE

2.2.1 Journi Print

The Journi app "Journi Print" is a free app for designing (free service) and subsequent purchase of print products (paid service, see point 6 in detail) with automatic photo arrangement.

2.2.2 Journi Blog

The Journi app "Journi Blog" is a free app for the digital storage of content, in particular photos and text (free service, see in detail 4.1) in the form of blogs on a mobile device and in the Journi cloud.

4.1.1 Rights

Registered users/customers have the right, until revoked, to use the Journi ecosystem in accordance with these Terms of Use, the General Terms and Conditions and the legal provisions to upload, store, publish, distribute, transmit and share content with other users/customers.

4.1.2 Obligations

The user/customer expressly declares

• to have the necessary rights of use or licenses (in terms of copyright, industrial property rights, trademark, intellectual property rights, patent and other rights and name rights, etc.) of the content published by him on the Journi Blog and of the content he/she has given to Journi for the production of a printed work This also applies to colours, fonts, symbols, signs etc. used by the user/customer;
• to comply with the obligations and restrictions resulting from licenses or permits of use of third parties;
• not to infringe any (any) third party rights and in particular to not violate the above-mentioned rights or confidentiality obligations or to disclose trade secrets
• that the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
• that the content is not spam, contains unlawful, unethical or unwanted commercial content that is intended to direct traffic to third party websites or to improve the search engine rankings of third party websites or to promote other illegal activities (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
• that the material made available to Journi does not violate legal regulations of any kind, meaning in addition to the provisions of the Austrian Copyright Act and the Austrian Unfair Competition Act, the respective provisions of the Austrian Penal Code (StGB), concerning in particular, §§ 105 ff StGB coercion and dangerous threat, § 107a StGB continued harassment, § 107c StGB continued harassment by means of telecommunications or computer systems, §§ 111ff StGB crimes against honour, §§ 207a, 215a StGB pornographic depictions of minors, § 283 StGB incitement to hatred, § 297 StGB defamation. Furthermore, the customer expressly declares not to violate the MedienG (Austrian Media Code) or the ECG (Austrian E-Commerce Code);
• that the content made available to the Journi is not pornographic, repulsive to people according to general, objective opinion, racist, immoral or psychic trauma, does not glorify ideas, ideology, thoughts or existing material from the Third Reich, National Socialism or other radical world views, does not contain threats or incitements to violence and does not violate the rights of third parties to privacy or publicity
• that the Journi Account and its content does not promote unsolicited electronic messages such as spam links in newsgroups, email lists, other blogs and websites and similar unsolicited advertising methods;
• that the Journi account and its contents are not named or prepared in such a way that other Journi users, its followers and readers believe it to be another person or another company The URL or the name of the Journi account must not be the name of another person or company other than the user/customer; and
• in the case of content that contains computer code, it precisely categorizes and/or describes the nature, use and impact of the material, whether the user/customer has been asked to do so by Journi or otherwise

If the user/customer repeatedly and despite a single reminder by Journi violates his or her obligations, Journi reserves the right to extraordinarily terminate the contract with the user/customer for good cause and to block all account accesses and Journi accounts. Furthermore, Journi reserves the right, depending on the nature of the breach, to file a complaint or take legal action against the user/customer.

The user/customer shall indemnify and hold Journi harmless in the event of a breach of these obligations.

Journi urges its users/customers to respect its intellectual property rights (e.g. copyright, trademark, design right). Journi also respects the intellectual property rights of others. If the User/Customer believes that material in or connected to the Journi ecosystem infringes his intellectual property or that of third parties, he/she is requested to notify Journi immediately (if applicable, in accordance with the Digital Millennium Copyright Act ('DMCA') guidelines). Journi will respond to all such notifications, including removing the infringing material or disabling all links to the infringing material, in the event of infringement of your rights or those of third parties.

4.2.1 Content

The publicly accessible content on our website and in the Journi Apps that cannot be assigned to a Journi account has either been created by us or we have the necessary rights to the content.

The use of these contents (especially pictures on the website and in the Journi apps) is not permitted without our expressly written consent.

The contents were created with the greatest possible care and in compliance with the rights (e.g. copyrights) of third parties. Although the contents are regularly checked for topicality, completeness and correctness, this cannot be guaranteed.

4.2.2 Deletion and Removal of Content

Should the user/customer decide to delete content, Journi will take reasonable steps to remove it from the Journi ecosystem of the app. As a rule, all content is automatically deleted from the Journi servers 6 (six) months after the deletion of the Journi account/account. If you would like to request an immediate deletion, please send us an email to support@journiapp.com. Further information about the processing, storage and deletion of data can be found in our Privacy Policy. consent.

Subject to these provisions, Journi has the right (but not the obligation), at its sole discretion

1. to remove content which, in Journi’s opinion, is in breach of the obligations of the user/customer pursuant to point 4.1 or is in any way harmful or offensive, or
2. to terminate or deny the user/customer access to and use of the Journi ecosystem

4.2.3 Policy Violations by Users/Customers

Should Journi become aware of content that violates the obligations of the user/customer as defined in point 4.1, this content will be deleted immediately and forwarded to the respective prosecuting authorities, provided that this constitutes a criminal act. Journi is considered a 'Host-Provider' according to § 16 ECG and has no active duty to check and monitor the contents uploaded to the platform according to § 18 Abs 1 ECG. In the event that Journi becomes aware of illegal activities and/or content, this information will be deleted immediately and, if necessary, the corresponding Journi account will be blocked. Furthermore, Journi has corresponding information duties according to § 18 ECG towards courts and administrative authorities.

4.5.1 Journi Ecosystem

All rights, titles, algorithms and interests related to the Journi ecosystem remain exclusively with Journi and are not transferred by these general terms and conditions and terms of use. The Journi word mark, the Journi and Journi Print logos, and all other trademarks, service marks, graphics and logos and other intellectual property used in connection with the Journi ecosystem are trademarks or registered trademarks of Journi or Journi’s licensors.

4.5.2 Intellectual Property of Third Parties

Other/further/foreign trademarks, service marks, graphics and logos and other intellectual property used in connection with the Journi ecosystem may be trademarks of other third parties.

4.5.3 No Acquisition of Rights by the User/Customer

The use of the website and Journi apps does not grant the user/customer any right or license to reproduce or otherwise use trademarks of Journi or third parties.

5.1.1 Services without Registration

Journi offers the user/customer the opportunity to get to know the Journi services and the Journi ecosystem without the need to register. This is to allow the user/customer to discover the Journi ecosystem before the user/customer decides to create an account. The scope varies depending on the use of one of the Journi apps or the website. A detailed list of which actions are possible without registration is available by accessing this link.

5.1.2 Services with Registration

To be able to use the Journi ecosystem to its full extent, the user must register by creating a Journi account. Registration is particularly necessary if an activity requires storage, e.g. creating content, commenting on articles, storing designs of customer-specific products or placing orders. The full scope of services includes both free and paid services. A complete list of which actions are possible with and without registration can be found under this link.

As a prerequisite for registration, the user must be at least 16 years old. To register, the user must provide an e-mail address and set a password. The user must ensure that the password is secret and may not make it available to third parties.

By registering, the user declares that the personal information requested by Journi is accurate, complete and up to date.

The user is responsible for the security of his account, as well as for the content and activities that take place under this account. This includes, in particular, responsibility for third-party content that has been made available, either by the user himself or by third parties to whom you have given permission (e.g. via shared upload links). It is also the responsibility of the customer to take the necessary precautions to protect himself and his computer system from harmful or destructive content.

5.2.1 Use of the Journi Apps

Downloading the Journi apps is free of charge for customers. In connection with the use of the Journi apps, costs of data transfer from the network operator may be incurred, which must be borne by the user.

The use of the Journi apps requires a successful installation on the mobile device and the acceptance of the terms of use.

Journi grants the user the non-exclusive, non-transferable and non-sublicensable right, limited to the duration of the user relationship, to use the Journi apps in their current version, including updates and other components, in accordance with the present Terms of Use for its own, non-commercial purposes.

The user may not modify, copy, disassemble, reassemble, publish, reproduce or duplicate the Journi apps. The user is only allowed to use the Journi apps for his own purposes (commercial or business purposes are excluded). Third parties are excluded from this use.

5.2.2 Terms of Delivery and Service

The Journi Apps can be downloaded from the Apple App Store or Google Play Store. The Journi Apps will be delivered immediately.

5.2.3 Support

Journi offers support for the Journi apps on the website www.support.journiapp.com and by e-mail.

Information on the interoperability of the Journi apps with hardware and software can be found on the websitewww.journiapp.com.

5.2.4 Warranty and Liability

In case of defective delivery, the user has the right to assert warranty claims within the scope of the statutory warranty law (§§ 922 ff ABGB [Austrian Civil Code]). This right exists independently of any rights of withdrawal or manufacturer guarantees. Journi points out that warranty claims are applicable to services for pay (not free services).

Journi does not guarantee the accuracy of the information provided, nor does it accept any liability for errors, malfunctions or damages resulting from improper operation. Neither Journi nor its suppliers and licensors guarantee that the Journi ecosystem is free of errors and that access to it is and can be continuous or uninterrupted. The user expressly declares that he/she downloads Journi's content or services at his/her own discretion and risk.

No guarantee is given for content (especially advertising) that is accessible via hyperlinks to other websites. Journi does not adopt the contents of linked websites as its own. Legal transactions that users enter with the operators of a linked website are exclusively between the user and the respective operator of the linked website.

Journi shall not be liable for any damage that may be caused to the user by interruptions in transmission, delays, malfunctions of technical equipment, loss or deletion of data, viruses or in any other way, unless such damage was caused by Journi intentionally or through gross negligence.

Journi is not liable for any damage caused using the Journi apps, unless such damage was caused intentionally or by gross negligence. The liability for personal injury and the liability according to the Product Liability Act (PHG) remains unaffected by these limitations of liability.

Liability for the actions of other users or third parties who violate these terms of use or otherwise act illegally is excluded.

5.2.5 Term and Termination

The contractual relationship is concluded for an indefinite period.

The user has the right to terminate the contractual relationship at any time without notice.

Journi has the right to terminate the contractual relationship by giving 2 (two) months' notice. Furthermore, Journi is entitled to terminate the contractual relationship with immediate effect for good cause. An important reason is in particular a violation of these Terms of Use according to clause 5.2.1 and common provisions according to clause 4.

5.3.1 Use of the Website

Journi provides users with a comprehensive range of information. This information and data are provided for informational purposes, without Journi guaranteeing that the information is up-to-date, correct or complete. Nor can Journi guarantee the accessibility and retrievability of the website. A list of the actions that can be carried out with and without registration on the website can be found by accessing this link.

The use of the website is free of charge for customers. In connection with the use of the website, costs of data transfer, network operator or internet provider may be incurred, which are to be borne by the user.

Journi grants the user the non-exclusive, non-transferable and non-sublicensable right, limited to the duration of the user relationship, to use the Website in its current version, including updates and other components, in accordance with these Terms of Use for its own, non-commercial purposes.

The user may not modify, copy, disassemble, reassemble, publish, reconstruct or reproduce the website. The user is only permitted to use the Journi apps for his own purposes (commercial or business purposes are excluded). Third parties are excluded from this use.

5.3.2 Support

Journi offers support for the website at www.support.journiapp.com and by e-mail.

Information on the interoperability of the Journi apps with hardware and software can be found on the websitewww.journiapp.com.

5.3.3 Warranty and Liability

In case of defective delivery, the user has the right to assert warranty claims within the scope of the statutory warranty law (§§ 922 ff ABGB). This right exists independently of any rights of withdrawal or manufacturer guarantees. Journi points out that warranty claims require payment for the service.

Journi does not guarantee the accuracy of the information provided, nor does it accept any liability for errors, malfunctions or damages resulting from improper operation. Neither Journi nor its suppliers and licensors guarantee that the Journi ecosystem is free of errors and that access to it is and will be continuous or uninterrupted. No warranty is given that the hardware and software required to use the services of www.journiapp.comwill always function without error. The User expressly declares that he/she downloads content or services from Journi at his/her own discretion and risk.

No guarantee is given for content (especially advertising) that is accessible via hyperlinks to other websites. Journi does not adopt the contents of linked websites as its own. Legal transactions that users enter with the operators of a linked website are exclusively between the user and the respective operator of the linked website.

No liability will be accepted for damage that may be caused to the user as a result of interruptions in transmission, delays, malfunctions in technical equipment, loss or deletion of data, viruses or in any other way, unless such damage was caused bywww.journiapp.com intentionally or through gross negligence.

Journi is not liable for any damage caused by the use of www.journiapp.com, unless such damage was caused intentionally or by gross negligence. Liability for personal injury and liability under the Product Liability Act remains unaffected by these limitations of liability.

Liability for the actions of other users or third parties who violate these terms of use or otherwise act illegally is excluded.

5.3.4 Term and Termination

The contractual relationship is concluded for an indefinite period.

The user has the right to terminate the contractual relationship at any time without notice.

Journi has the right to terminate the contractual relationship by giving 2 (two) months' notice. Furthermore, Journi is entitled to terminate the contractual relationship with immediate effect for good cause. Good cause is in particular a violation of these Terms of Use according to clause 5.3 and common provisions according to clause 4.

6.1.1 Conclusion of Contract

The purchase of a print product takes place on the website or in the Journi apps. Hereyou can find complete instructions for the conclusion of the contract.

The contract is concluded in English.
For delivery to any country, excluding delivery to or within the US: In case of discrepancies between the German and English version of these terms, the German version shall prevail.

6.1.2 Prices and Shipping Costs

For delivery to any country, excluding delivery to or within the US:

All prices are subject to change. Unless otherwise stated in the offer, all prices are quoted in Euro and include the statutory value added tax for Austria. The current prices can be found in our price list or in the Journi apps.

Promotional prices are only valid for the period of time specified and only for those print products that are included in the promotion.

Any shipping costs, such as in particular freight and insurance charges, customs duties, fees or charges, shall be borne by the customer. The shipping costs are indicated to the customer when ordering and vary depending on the destination and the print products ordered. An overview of the shipping costs to different countries is available through this link.

In the case of shipment to countries outside the EU, the customer also bears any customs duties and expenses. The amount of these customs duties and expenses must be obtained by the customer from the authorities of the country concerned, Journi has no influence on this and cannot provide any information in this respect. The country-specific additional shipping costs will be displayed to the customer during the respective order process.

For delivery to or within the US:

All prices are subject to change. Unless otherwise stated in the offer, all prices are quoted in Dollars and do not include taxes. The respective sales tax will be calculated and shown at the checkout as soon as the correct shipping adress is provided and in case Journi US is registered for sales tax collection in the respective state. The current prices can be found in our price list or in the Journi apps.

Promotional prices are only valid for the period of time specified and only for those print products that are included in the promotion.

Any shipping costs, such as in particular freight and insurance charges, customs duties, fees or charges, shall be borne by the customer. The shipping costs are indicated to the customer when ordering and vary depending on the destination and the print products ordered. An overview of the shipping costs to different countries is available through this link.

6.1.3 Acceptance of Goods

The customer is obliged to accept the print product(s). In the case of shipment to countries outside the EU and to and within the US, the customer expressly declares, if necessary, that the print product(s) will be accepted by the respective authorities of the country - such as customs authorities . Customs duties, expenses, etc. are not included in the price according to point 6.1.2 and are borne by the customer.

6.1.4 Payment

Payment is made each time you order any print product. The customer indicates the desired method of payment when placing the order:

• Payment by credit card,
• direct transfer, or
• Payment by PayPal.

Additional payment services may also be available on a country-specific basis. A current detailed list per country can be found here.

Payment of the purchase price is due immediately upon conclusion of the contract.

6.1.5 Retention of Title

For delivery to any country, excluding delivery to or within the US:

The goods remain the property of Journi until full payment of the print products ordered by the customer (including shipping costs).

For delivery to or within the US:

The goods remain the property of Journi US until full payment of the print products ordered by the customer (including shipping costs).

6.1.6 Delivery and Dispatch, Risk Assumption

Our shipping partners for the dispatch of print products can be found through this link.

The delivery dates and periods indicated by Journi are considered binding. The delivery time calculated for the delivery starts from the date of the order confirmation, provided that the purchase price has been paid successfully, and starts at the earliest upon receipt of the information finally fixed in all business and technical matters. Subsequent requests for changes and additions shall extend the delivery time appropriately.

Should Journi be in default of delivery, the customer may adhere to the fulfilment of the contract or withdraw from the contract by setting a reasonable period of grace in writing. If Journi has already rendered partial performances, the customer shall only be entitled to withdraw with regard to outstanding partial performances, provided that the overall performance is divisible or corresponds to the hypothetical will of the parties.

The delivery is carried out on the account of the customer, see point 6.1.2.

The risk of loss or damage to the delivered print products shall pass to the customer as soon as the print products have been delivered to the customer or to a person designated by the customer. If the customer concludes the transport contract himself without using one of the options proposed by Journi, the risk shall pass to the customer as soon as the goods are handed over to the carrier. This does not affect the provisions on the retention of title according to point 6.1.4 of these General Terms and Conditions.

In the event of force majeure or an interruption of operations through no fault of our own (including those of our business partners and partner printing works), which temporarily prevent us from meeting the agreed dates and deadlines, these delivery dates and deadlines shall be extended by the duration of the disruptions in performance caused by these circumstances.

Journi ships to many countries worldwide. For up-to-date information on our destinations and shipping costs, please visit support.journiapp.com or send us an email at support@journiapp.com.

Should the customer discover during delivery that his order has been damaged during delivery (e.g. severely damaged shipping box), Journi requests that the customer contact the support centre immediately.

6.1.7 Warranty

For delivery to any country, excluding delivery to or within the US:

In case of defective delivery, the customer has the right to assert warranty claims within the scope of the statutory warranty law (§§ 922 ff ABGB). This right exists independently of any rights of withdrawal or manufacturer's guarantees.

For errors caused by the customer himself or errors attributable to the customer such as (exemplary list)

• self-entered typing or typing errors,
• wrong product selection or wrong order quantity,
• Design errors (e.g. blank pages),
• insufficient photo quality (despite warning on the page), and
• wrong photo and image formats (e.g. TIFF instead of JPEG),

Journi expressly does not provide any guarantees.

This linkcontains a detailed list of the customer's obligations in connection with the ordering process.

Should the customer wish to complain about a printed product of Journi, he/she must immediately notify Journi of this via the complaint form/email address support@journiapp.com.

For delivery to or within the US:

EXCEPT FOR THE RIGHTS GRANTED TO CONSUMERS UNDER MANDATORY LAW, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF MANDATORY LAWS, JOURNI US INC WARRANTS ONLY THAT PRODUCTS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRODUCTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, JOURNI US INC’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR JOURNI US INC, AT ITS SOLE OPTION, TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCTS, OR (ii) REPRINT THE PRODUCTS AT NO EXTRA COST.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY , TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, JOURNI US INC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.

6.1.8 Liability

For delivery to any country, excluding delivery to or within the US:

Journi shall only be liable for the compensation of damages caused by gross negligence. In case of slight negligence, Journi shall not be liable for direct and indirect damages, loss of profit, loss of interest, omitted savings, other consequential damages and damages resulting from third party claims. However, this limitation of liability shall not apply to compensation for personal injury.

In the case of contracts for work and materials, Journi is not liable if, despite fulfilment of the warning obligations, the customer insists on a certain implementation.

The regulations of the product liability law remain unaffected.

Journi shall not be liable to third parties for the infringement of their rights and of legal provisions (such as copyrights, trademark rights, criminal law, etc.) by the customer.

The liability of Journi is limited to the material value of the purchased print product.

6.1.9 For delivery to any country, excluding delivery to or within the US: Information regarding the right of withdrawal according to KSchG and FAGG

In the case of contracts subject to the FAGG, there is no right of withdrawal if the company (Journi) has started to perform the service before the end of the withdrawal period pursuant to § 11 FAGG and the service has then been fully performed (§ 18 (1) item 1 FAGG).

In this context, the customer expressly declares to demand from Journi that the fulfilment of the contract be started before the expiry of the withdrawal period of § 11 FAGG. This applies to all print products of Journi. With the premature fulfilment of the contract by Journi, the customer loses his right of withdrawal.

The customer agrees that in the event of complete fulfilment of the contract by Journi for print products, he/she loses his right of withdrawal according to § 18 FAGG.

In the case of contracts subject to FAGG, there is no right of withdrawal if goods are manufactured according to customer specifications or are clearly tailored to personal needs. This applies to all print products offered by Journi.

In compliance with the duty to inform according to § 4 (1) Z 11 FAGG, Journi hereby informs the customer that all print products offered by Journi are exclusively produced according to customer specifications and tailored to personal needs.

The customer therefore has no right of withdrawal under the FAGG

In the case of contracts subject to the KSchG, there is no right of withdrawal (§ 3 (3) KSchG) if

• the customer initiated the transaction himself,
• the transaction has been concluded without meetings between the parties or their representatives; or
• if it is a legal transaction usually concluded outside the business premises of the company and the fee to be paid does not exceed EUR 25.00, or if the enterprise is not operated in permanent business premises by its nature and the fee does not exceed EUR 50.00.

If one of the above cases applies, the right of withdrawal according to the KSchG is not applicable for the customer.

To exercise the right of withdrawal, Journi provides its customers with a sample withdrawal form below.

7.2.1 Scope of Subscriptions

Journi offers various paid subscriptions. The respective scope of services of the subscriptions as well as the prices of the subscriptions can be found under this link.

7.2.2 Subscription Purchase via Apple App Store or Google Play Store

The purchase of subscriptions (= conclusion of a subscription contract) is carried out via in-app purchases through the Apple App Store and Google Play Store.

7.2.3 Subscription Management

To manage or cancel your subscriptions through the Journi ecosystem, use the options available through your Apple App Store or Google Play Store preferences. Alternatively, contact the support of Journi, Apple or Google directly.

Subscriptions can also be managed through the Apple App Store and the Google Play Store. Journi refers to the Apple App Store Terms and Conditions, and the Google Play Store Terms and Conditions.

7.2.4 Prices

The Journi apps can be downloaded for free. Additional functions (see point 7.2.1) can be activated by purchasing a subscription.

The current subscriptions and prices can be found by following the link.

7.2.5 Payment and Payment Processing

Subscriptions are purchased via in-app purchases from the Apple App Store or the Google Play Store.

For payment processing, Journi refers to the Apple App Store Terms and Conditions, and the Google Play Store Terms and Conditions.

7.2.6 Service Provision

The digital services and/or contents (= scope of the subscription) purchased within the scope of the subscription are made available to the customer immediately after conclusion of the contract.

7.2.7 Updates and Disclaimer

Journi shall provide the customer with subscriptions in the latest available version (blog app and website) at the time of conclusion of the contract.

Journi is continuously making improvements through updates, including security updates, which are necessary to maintain the contractual nature of the subscriptions. Journi will inform the customer of the updates and will make these updates available to the customer via the Apple App Store and Google Play Store.

Updates on Journi’s servers, which are necessary and more extensive and potentially may lead to short-term performance restrictions or failures, will be communicated to the customer in due time (at least 5 working days in advance).

The customer can only use the Journi ecosystem and subscriptions if he/she has a suitable, technically compatible device. The acquisition, maintenance and updating of the software of the device is the responsibility of the customer, even during the subscription process. The customer’s obligation to update the Journi apps refers to the latest version available for his or her device. Journi does not guarantee and is not liable for full access to the subscription on outdated or not equipped with the latest software.

If the customer does not install updates provided by Journi within a reasonable period of time, Journi shall not be liable for any lack of conformity that is solely attributable to the lack of the relevant update, provided that

• Journi has informed the customer about the availability of the update and about the consequences, if the consumer has not installed them, and
• the fact that the customer has not installed the update or has installed it improperly is not due to faulty installation instructions provided by Journi

Journi explicitly excludes any liability for technical performance limitations or failures, downtimes due to technical or other problems, or short-term downtimes due to maintenance and software updates that are not within Journi’s sphere of influence (such as force majeure, fault of third parties, etc).

7.2.8 Warranties

The functionality, compatibility, accessibility, continuity and security of the subscriptions shall be the same as those usually provided for subscriptions of the same type and which the Customer can reasonably expect, given the nature of the subscriptions and taking into account public statements made by Journi or by other persons in previous links in the contractual chain or on their behalf, particularly in advertising.

exception to this is only possible if

• Journi did not know and could not reasonably have known the public statement in question,
• the public statement has been corrected by the time the contract for a subscription is concluded in the same or a comparable manner as that in which it was made, or
• the decision to acquire the digital content or digital services could not have been influenced by the public statement.

Journi guarantees that the digital service purchased by the customer under the subscription

• meet the requirements arising from the subscription contract concluded in terms of description, quantity and quality, functionality, compatibility, interoperability and other features;
• are suitable for a specific purpose intended by the customer, which the customer has brought to Journi's attention at the latest upon conclusion of the contract and which Journi has agreed to
• are provided in accordance with the requirements of the subscription contract concluded, with all accessories, instructions - including installation instructions - and customer service, and
• be updated as specified in the treaty.

Journi does not guarantee the accuracy of the information provided, nor does it accept any liability for errors, malfunctions or damages resulting from improper operation. Neither Journi nor its suppliers and licensors guarantee that the Journi ecosystem is free of errors and that access to it is and can be continuous or uninterrupted. No warranty is given that the hardware and software required to use the services ofwww.journiapp.com will always function without error. The User expressly declares that he/she downloads content or services from Journi at his/her own discretion and risk.

7.2.9 Changes to Subscriptions during the Term

Journi may at any time make changes to subscriptions beyond what is necessary to maintain the contractual conformity of the subscriptions, provided that

• there is a good reason for such a change (e.g. necessary software adaptations);
• the changes do not entail any additional costs for the customer;
• the customer is informed of the change in a clear and comprehensible manner, and
• in the cases mentioned below, the customer is informed within a reasonable period of time in advance by means of a durable medium of the characteristics and timing of the change and of his right to terminate the contract in accordance with the following provisions or of the possibility of keeping the digital content or digital services unchanged.

The customer is entitled to terminate the contract if the change affects the customer's access to or use of the subscriptions by the customer, unless the impact is only minor. In this case, the customer is entitled to terminate the agreement free of charge within 30 days after receipt of the information or after the date on which the subscriptions were changed by Journi, whichever is later.

The subscription cannot be terminated by the customer if Journi has enabled the customer to keep the digital content or digital services unchanged without additional costs and if the contractual conformity of the subscriptions is maintained.

7.2.10 Automatic Renewal of Subscriptions

Journi reminds the Customer that subscriptions are subject to automatic renewal for a further period of the same length, unless the subscription is cancelled via the Apple App Store or the Google Play Store within 24 hours before the end of the respective subscription period.

If the customer cancels his subscription within the cancellation period, the cancellation is valid from the next billing period.

Instructions on how to cancel the contract are available at this link. If you have any questions regarding the termination, you can contact the Journi Support at any time.

7.2.11 Withdrawal

See point 4.7 under the General Terms for more information on the right of withdrawal.

7.2.12 Termination of the Subscription (Cancellation)

The customer can cancel his subscription at any time in compliance with the notice periods. Instructions on how the cancellation works (including notice periods) are available at this link. If you have any questions regarding the cancellation, you can contact the Journi Support at any time.

Journi refers to the Apple App Store Terms and Conditions, and the Google Play Store Terms and Conditions.