Terms of Use for the KulturPass app/web service

Version 4, valid from 1 March 2024

The publisher of the app and provider of the web service is

Federal Republic of Germany, represented by the German Federal Government in the person of the Federal Government Commissioner for Culture and the Media (“BKM”), Köthener Str. 2, 10963 Berlin.

For questions, complaints and claims in connection with these Terms of Use, please contact the Stiftung Digitale Chancen [Digital Opportunities Foundation], which has been entrusted by the BKM with the implementation of the KulturPass, by email at kontakt@kulturpass.de.

The contractual partner of the KulturPass users (the “Users”), as regards the use of the app on the basis of these Terms of Use is the Federal Republic of Germany, represented by the German Federal Government in the person of the BKM (hereinafter: “Publisher”). The BKM provides the structure and content of the app with the exception of the cultural offerings created by the cultural providers. The Stiftung Digitale Chancen supports the Publisher in carrying out the operational processes related to the KulturPass app, including editing the communication channels.

Please read these Terms of Use carefully. These Terms of Use govern your use of the KulturPass app, including the use of future versions (patches, updates and upgrades) and the use of other services, such as the associated KulturPass website, that are currently being provided, or will be provided by the Publisher in future, in connection with the app.

Please also read our separate Privacy Policy, which can be found at www.kulturpass.de/en/data-privacy-notes/privacy-policy-registered-user.

The app is available from the Apple App Store, for use on iOS devices, and on Google Play, for use on Android devices. General terms of use for applications from Apple or Google do not apply in relation to the Publisher. There is also a web app that can be used via a browser.

By installing and using the app, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not install or use the app (or, where applicable, you must delete it again), nor may you use any related services or systems. Any rights under open source licences in relation to the source code of the app shall remain unaffected. For detailed information about open source licences and the open source components of the app, see www.github.com/kulturpass-de.

The contract can be viewed in the app at Profile --> App Information --> Terms of Use and on the website at https://www.kulturpass.de/agbs/terms-of-use-en. In the event these Terms of Use are amended from time to time, the original versions will continue to be available on the website at https://www.kulturpass.de/agbs/versions.

You remain responsible for compliance with these Terms of Use even if you provide the end device on which you have installed the app to third parties and they use the app.

The app is aimed at persons who are at least 17 years old. Persons under the age of 18 may only use the app with the consent of their parent(s)/legal guardian(s).

1. Definitions

Terms beginning with a capital letter in these Terms of Use, whether used in singular or plural form, shall have the meanings ascribed to them below:

“Provider” means cultural entities that have successfully registered as cultural providers on the website www.kulturpass.de, in accordance with the Provider Terms and have been approved as such by the Publisher. “Providers” are entitled to create Offerings.

“Offerings” means the cultural Offerings for the Eligible User that the Eligible User may reserve via the Application.

“Application” means the “KulturPass” software application published and provided by the Publisher for access and use by the User and comprising the interface for Providers for the presentation and Reservation of offerings including the billing of cultural services provided. The term “Application” covers both the app and the Website.

“Eligible User” means a natural person who has successfully identified themselves in the app and is therefore able to reserve cultural Offerings in the app and can profit from his budget when availing themselves of cultural services.  

“Budget” means the total sum up to which the Eligible User is entitled to reserve Offerings via the Application. This sum reflects the total amount of money the Publisher will reimburse to Providers in return for the Eligible User's enjoyment of Offerings. The budget is purely a virtual sum of money. No monetary amount is transferred to the payment account allocated to the Eligible User.

“Code” means the QR code or alphanumeric code received by an Eligible User following the Reservation of an Offering.

“Content” means the structure of the Application and the Website, the editorial content, the visual content, the auditory content and all other content within the Application and/or all other elements that make up the Application and the Website.

“Users” refers, without distinction, to Eligible Users and/or those Users who are not eligible, i.e. who have not successfully completed the identification process.

“Reservation” means the non-binding pre-booking of a paid or free offering, effected between an Eligible User and a Provider via the Application. A “Reservation” does not imply any obligation on the part of the Eligible User to take up a reserved Offering and does not trigger any payment transaction. 

“Intermediary Providers” are providers who do not offer their own cultural services but whose services enable the generation of specific Provider Codes (Codes of Intermediary Providers) which can be used for cultural services of the cultural Provider specified in the Offering of the Intermediary Provider.

“Website” means the official KulturPass website, which is available at the address www.kulturpass.de and which provides access to the Application.

2. What are the functions of the KulturPass?

The Application, which can be accessed via a smartphone or the internet, enables users, in particular:

• to find cultural Offerings, however the Publisher reserves the right to remove Offerings at its discretion
• to search for specific Offerings, which includes the ability to search for Offerings in the User’s vicinity, with optional use of geolocation or – after registration – optional entry of their postcode
• to personalise, after registration, suggested Offerings by stating preferred areas of cultural enjoyment and marking favourites – this information is optional and can be changed at any time
• to identify themselves as Eligible Users. Only Eligible Users can reserve Offerings. Following a Reservation, Eligible Users will receive a Code. When availing themselves of the Offering by presenting the Code, Eligible Users may receive the cultural service, for the amount indicated at the time of the Reservation, at no cost to themselves 

This list is not exhaustive and may be amended from time to time by the Publisher.

3. How does the registration process work?

Registration is optional – the Application can also be used without registering. Registration enables Users to personalise their searches for particular Offerings, by voluntarily providing their postcode and stating their preferred areas of cultural enjoyment and marking their favourites. It is open to any natural person.

Any User may open a user account. This account may only be used for personal and non-commercial purposes of a lawful nature. Registration requires the provision of a valid email address, the setting of a password and the confirmation of the registration via a link in a registration email.

Upon successful registration, a user account is set up for the User, which the User can access with the help of their email address and the password chosen during the registration process. The password can be changed by the User at any time within the password-protected user section. The password must be sufficiently secure and be kept secret and stored by the User in such a way that it is protected against use by unauthorised third parties. If the User becomes aware or suspects that their login data has been used by a third party without authorisation, they must notify the Publisher and change their User password without delay.

4. How can I identify myself?

Identification is necessary to enable the Budget to be allocated to the User and displayed accordingly (activation). Only after identification can the Eligible User fully use all functions of the Application, in particular including the Reservation of cultural Offerings.

Identification is open to any natural person, provided that they meet the conditions set out below. Identification is only permitted for personal, non-commercial, lawful purposes in accordance with these Terms of Use.

The User must meet the following criteria in order to successfully identify themselves and authenticate their User account:

• have one of the following valid, not-revoked identification documents with electronic proof of identity function (also known as an online ID card): national identity card for German citizens or eID card for non-German EU citizens or document with electronic storage and processing medium for non-EU citizens (electronic residence permit)
• be resident in Germany
• be born in 2006 and be 18 years old – however, they can also pre-identify themselves before their 18th birthday
• complete the identification process by no later than 31 December 2024.

In order to successfully identify themselves, a User must complete the associated identification steps within the Application (where identification is initiated from the Website, then in connection with the Application). During the identification process, the User must identify themselves personally.

In the course of the identification process, the User must identify themselves via the electronic proof of identity function (also referred to as the online ID or eID function) using one of their ID documents listed above. This step is integrated into the app. In the case of identification initiated from the website, the installation of the AusweisApp app is required for this step. The use of the online ID function requires the use of an NFC-enabled smartphone or a USB card reader. As part of the identification process using the online ID function, the user must enter their ID card PIN.

If the User meets these identification conditions, their account will be activated by the Publisher and the Budget available to them will be displayed in the User account in the Application. In the case of pre-identification, the available Budget is not displayed in the user account until the User’s 18th birthday.

The maximum Budget granted to an Eligible User on a one-time basis after successful identification is currently EUR 100.00.

The Publisher reserves the right to suspend the identification process if a User does not meet the identification conditions. The Publisher will then request the necessary additional information. If the response from the person wishing to identify themselves proves that the identification conditions have been met, the user account will be activated by the Publisher and the Budget assigned accordingly.

If the person fails to respond or cannot give adequate reasons, the Publisher reserves the right to refuse to activate the user account.

5. How does the app use geolocation?

The geolocation function enables Users to find out about cultural Offerings that are available in their vicinity.

The use of this function requires the prior consent of the User. To do this, Users must, if they so wish, activate the geolocation function in the settings of their mobile device and agree that the Application can use this function. This function can be activated or deactivated at any time without cost.

6. What are the financial conditions?

The Application and, for Eligible Users, the displaying of the Budget, are provided to Users without any financial consideration. This does not affect, however, any subscription costs charged by their mobile operator or for the User’s computing device, connection and access to the internet and any additional costs charged by the mobile operator for uploading data.

7. What obligations do I have when using the app?

7.1 General provisions

Users expressly undertake the following:

• to download the Application to their end device exclusively for personal and non-commercial use
• not to transfer their user account, including their login data, to third parties
• not to extract or reuse any significant parts of the Content of the Application without the prior written consent of the Publisher, even just for private purposes
• to refrain from using software, devices or technologies that could interfere with the proper functioning of the Application and/or the KulturPass project, or from taking actions that would impose a disproportionate burden on the Publisher’s infrastructure; this includes technical or other actions aimed at illegitimately obtaining the Budget
• not to set up any systems that could compromise the integrity of the Application and/or the Content and/or the KulturPass project, in whole or in part, or that could violate these Terms of Use

7.2 Provisions for Eligible Users

Eligible Users expressly undertake the following:

• to use the displayed Budget solely for personal purposes
• not to transfer or resell any Code provided after Reservation to any third party
• to show the relevant Code for the reserved Offering and appropriate proof of age in person to the Provider when the Eligible User avails themselves of the cultural service at the venue

8. How does the Reservation process work and how do I get to enjoy the service? No contractual agreement concluded with the Application

Only Eligible Users can make Reservations via the Application.

From the activation of the User account of the Eligible User, the Budget can only be used by the Eligible User, but not before the Eligible User’s 18th birthday. For Users born in 2005, the means are available until 31 December 2024. Offerings that are reserved in 2024 and that are reimbursed by the Stiftung Digitale Chancen to the Provider in 2024 can also be taken up in 2025. For Users born in 2006, the means are available until 31 December 2025. Offerings that are reserved in 2025 by Users born in 2006 and that are reimbursed by the Stiftung Digitale Chancen to Providers in 2025 can also be taken up in 2026.

No contract is concluded between the Publisher and the Eligible User through the Reservation of an Offering when using the KulturPass. The Publisher does not provide the Offerings itself. It is not the service provider for the Offerings but merely arranges the possibility for Eligible Users to avail themselves of the reserved cultural services, subject to the conclusion of a contract with the cultural Provider. Instead, the contractual agreement in respect of the individual cultural services is concluded between the Eligible User and the Provider and does so only when the Eligible User avails themselves of the cultural service. These contracts may be governed individually by the Provider’s terms and conditions.

All Offerings are subject to these Terms of Use and the specific terms and conditions that may be included by the Providers at the time of the subsequent conclusion of the contract. In the event of any conflict between these Terms of Use and the terms and conditions of the Providers, these Terms of Use shall prevail (except where these Terms of Use expressly provide for a possibility for the Providers to deviate from these Terms of Use in certain specific aspects).

Every Reservation made by a User via the Application and confirmed by a Provider generates a corresponding Code (QR code or alphanumeric code).

When a Provider displays an Offering on the Website or in the app, this does not constitute a legally binding offer within the meaning of Section 145 BGB [German Civil Code]. The Eligible User only enters into the contractual agreement with the Provider immediately before or at the point in time when they avail themselves of the reserved cultural Offering (which can also be carried out via intermediary providers), not within the Application. The Publisher does not become a contractual partner of the User, except as provided for in these Terms of Use.

The Provider has complete freedom as to whether to confirm or reject any Reservation.

In the event of a Reservation for a cultural service for which a fee is charged, the corresponding amount is virtually earmarked from the Budget of the Eligible User displayed in the app, so that it is clear to what extent the User has reserved Offerings. If no contractual agreement is concluded between the Eligible User and the Provider, the amount will again be shown as available in the Eligible User’s virtual account in the KulturPass in accordance with these Terms of Use.

Only after the Eligible User has availed themselves of the cultural service or, in the case of Intermediary Providers, has received the intermediation of a Cultural Service following the Reservation, and the Provider has confirmed that the cultural service or the intermediation of a cultural service has been taken up, is the corresponding amount for which the Eligible User has reserved the Offering deducted from the User's Budget displayed in the Application.

If the Eligible User redeems his/her provided Code for a cultural service whose price is lower than the amount stated in the Reservation, the cultural Provider will make a partial refund. Afterwards, the corresponding difference will be displayed again in the User’s account as freely available, not earmarked Budget.

In the case of Offerings requiring physical collection from a location, only the Eligible User may make this collection personally, to the exclusion of all third parties.

Eligible Users with disabilities may engage a third party to collect Offerings they have reserved via the Application. For this purpose, an appropriate letter of authorisation and proof of disability must be shown at the time of collection.

If an Offering is exchanged, due to the exercise of warranty rights in the contractual relationship between the Eligible User and the Provider, the Eligible User may only receive products that the Provider would be able to offer within the scope of the KulturPass.

9. How can I cancel a Reservation?

Reservations of Offerings are not binding. Eligible Users are free to cancel any Reservations. Cancellation is possible within the Application up to the time when the Eligible User receives the Code. After that time, the Eligible User can cancel the Reservation by contacting the Provider in person via the contact details given in the Offering. The Provider is obliged, on the basis of the Provider Terms, to delete and thus cancel the Reservation in such cases.

The Provider is free to reject a Reservation, which also cancels it.

A Reservation becomes automatically cancelled after 5 days if the cultural Provider does not confirm or reject it.

If the Eligible User has not availed themselves of the cultural service for 10 days after receiving the Code, the cultural Provider will cancel the Reservation in due course. The Eligible User is free to reserve the same Offering again, if that Offering continues to be offered.

In case of the cancellation of a Reservation, the Budget available due to the failure to take up the reserved Offering will be displayed again in the account of the Eligible User. The technical process for this will be automatically triggered by the cancellation or deletion of the Reservation.

10. Special provisions for Intermediary Providers

In deviation from the provisions in Sections 8 and 9, the following special provisions apply to Offerings from Intermediary Providers. In the event of a conflict with the general provisions, these special provisions shall prevail:

Reserving an Offering does not reserve a specific cultural service. The Provider Code generated affords the Eligible User the ability to use it locally or online for local cultural services. Each Offering from an Intermediary Provider will state for which cultural services of which cultural Providers the Provider Code can be used.

The Reservation will normally be cancelled by the Intermediary Provider if the Eligible User does not use the Provider Code within 48 hours of receiving it. The Eligible User is free to reserve the same Offering again, if that Offering continues to be offered. 

If the Eligible User reserves a cinema screening via the Intermediary Provider by clicking on the button “Jetzt reservieren” ["Reserve now"], the Eligible User agrees to the payment processing of payment for the cinema contract by the Intermediary Provider on behalf of the Eligible User up to the selected maximum amount, provided that the Eligible User uses the value Code for payment at the selected cinema (or corresponding cultural Provider) within the validity period. The value Code in this case is valid until the end of the following day.

11. Availability of and changes to the Application and services

The Application is provided as published by the Publisher. The Publisher provides no guarantee as to the proper functioning of the Application or the services and does not enter into any agreement with Users regarding a particular condition or quality level. Users do not have any right to any particular feature or other condition or quality level of the Application or the services.

The Publisher reserves the right to change or add to the Content and structure of the Application as well as the associated user interfaces, provided this does not or not significantly impact the achievement of the purpose of the contractual agreement concluded with the cultural Provider. The BKM will inform Users of any changes accordingly.

The Publisher may restrict or discontinue operation of the Application and the services at any time. Users have no right to the ongoing availability of the Application or the associated services, either in relation to individual functions or in relation to the system as a whole.

The Publisher makes no promises as to the availability or proper functioning of the Application and the services. The Application and the services may be unavailable due to maintenance work or malfunctions, temporarily or possibly even for longer periods. In these cases, the availability of the Application and the services will be limited either completely or in part.

12. Warranty

The Publisher does not enter into any agreement with Users regarding a particular condition or quality level and Users have no right to expect that any particular function is available within the app or that the app is designed in any particular way. The Application is provided in the state and with the functions as implemented by the Publisher at the time of publication of the Application in the Apple App Store or on Google Play and on the Website. 

The Publisher will provide the Application with reasonable care and will exercise reasonable care with respect to the services. The Publisher makes no other promises or representations with respect to the Application or the services and, in particular, does not warrant that: 

• the use of the Application or the services will be possible with no interruptions or on a completely error-free basis
• the Application or the services will be free from losses, corruption, attacks, viruses, tampering, hacking or other security risks. 

The User is responsible for backing up data on their end device and, if applicable, any connected systems, including backing up the data of all other apps stored on the end device.

13. Liability

The Publisher shall be liable without limitation for loss or damage, to the extent caused by an intentional or grossly negligent breach of duty by the Publisher or a legal representative or vicarious agent of the Publisher.

Furthermore, the Publisher shall be liable for breaches of material obligations due to slight negligence. A material obligation is any obligation the breach of which compromises the achievement of the contractual purpose or the performance of which is essential for the due and proper performance of the contractual agreement and on the observance of which the User is normally entitled to rely. In this case, however, the Publisher shall only be liable for the loss or damage which is typically foreseeable with this type of contract. The Publisher shall not be liable for breaches of obligations due to slight negligence, other than those specified in the preceding sentences.

The limitations of liability do not apply in relation to injury to life, limb and health, to the extent of any assumed warranty for the quality of products and in the event of fraudulently concealed defects. Liability according to the German Product Liability Act remains unaffected.

Any further liability on the part of the Publisher is excluded. To the extent that the liability of the Publisher is excluded or limited, this shall also apply to the personal liability of officers, representatives and vicarious agents. The statutory provisions on civil servant liability remain unaffected.

14. What applies regarding links to other websites?

The Application contains links to third-party websites. The linked sites are not under the control of the Publisher who is therefore not responsible for their content (in particular, for such content being up to date, accurate and complete). The Publisher does not assume any responsibility, beyond any mandatory responsibility under the law, for technical problems and/or gaps in security caused by a hyperlink in its Application or on its Website.

It is the responsibility of Users to make all necessary and reasonable checks before entering into any transaction with any of these third parties outside of the Application.

15. How can I terminate the contractual agreement or how can it be terminated?

15.1 Initiated by the User

The User can request the deletion of their user account via the Application at any time. Currently, it is only technically possible to restore an account and reallocate the remaining unused Budget within the period set out in Section 8.2 in exceptional cases, when this is manually performed by the Publisher. The User will be advised of this consequence when requesting deletion of their account and they will be required to enter their password to confirm the deletion. Any such restoration is impossible if the account has been deleted by the Publisher in accordance with Section 15.2.2.

15.2 Initiated by the Publisher

15.2.1

The Publisher may terminate the use of the app and/or the Website at any time by giving Users one week’s notice to the end of the month. In this case, existing Reservations will be cancelled. Upon such termination, the rights and licences granted to Users shall expire and Users shall cease all use of the App and/or the Website.

15.2.2

(i) In the event of a remediable breach of obligations by the User that does not directly harm the Publisher, such as the provision of outdated or incomplete information during the identification and activation process or at a later point in time, the Publisher will inform the User of this, asking them to take remedial action as soon as possible and setting a reasonable time limit for such action. The User’s account will be deactivated until such time as the necessary corrections have been made. If the situation is not remedied within 60 days, the Publisher is entitled to delete the User’s account.

(ii) In the event of suspected fraud or a suspected violation of the obligations under Section 7, the Publisher will immediately deactivate the User account and inform the User thereof without delay. The User undertakes to make every effort to provide the relevant information in their possession within the respective time limit set by the Publisher.

If the User’s response is not sufficient to explain or remedy the deception or the breach of obligations under Section 7, the Publisher will request the necessary additional information and set the User a new time limit for providing it. If the User is able to demonstrate in their response that no fraud or breach has occurred, the Publisher will reinstate the User’s account.

In the event the User fails to respond and/or the fraud or breach of obligations under Section 7 persists, the Publisher reserves the right to delete the User’s account.

(iii) In the event of serious breaches of the obligations under Section 7 or violations of the law, such as identity theft, credit fraud, deliberate false statements that have led to the creation of a user account or access to a virtual credit balance without authorisation to do so, assignment or acquisition of a user account, the Publisher is entitled to delete the user account immediately.

15.2.3

Any deletion of a user account will result in (i) the Eligible User concerned, where applicable, losing the displayed Budget (ii) an obligation on the part of the Eligible User, if they have wrongly availed themselves of the Budget, to repay the wrongly received amounts to the Publisher.  

15.2.4

The User is advised that the Publisher may take legal action against the User and, in particular, demand reimbursement of all costs incurred as a result of the wrongful or erroneous use of the Budget (including, but not limited to, reasonable administrative, court and attorney costs), as well as compensation for any loss or damage suffered.

15.3.

Right of termination for good cause in other situations

The right of both parties to extraordinary termination for good cause in all other situations remains unaffected.

16. What requirements are there for using the app/web service?

The use of the app and the Website is subject to the following technical requirements:

The user needs a data connection.

The app must be installed on the end device and be running in the foreground or background. The User identification process requires an NFC-enabled smartphone or USB card reader.

The use of the Website requires a suitable end device that is able to access it. If initiated from the Website, the User identification process additionally requires the AusweisApp app as well as an NFC-enabled smartphone or USB card reader.

Settings on the end device: for the use of the app, the Publisher further recommends activating the following functions on the end device and, if applicable, allowing them to be used by the App, even if this is not a prerequisite for the use of the basic functions of the app:

• location services
• notifications

Detailed instructions on how to set up the app on iOS and Android are available at https://service.kulturpass.de/help/en-gb/2-jugendliche.

The instructions are for explanatory purposes only and do not form part of these Terms of Use.

The User must always use the latest version of the app.

The Publisher will make updates to the app available from time to time. The User must install these updates without delay and always use the latest available version of the app. Malfunctions and faults may occur when using older versions.

The User will need a recent version of the operating systems iOS or Android.

17. What are the limits of the Application/what is the KulturPass unable to do?

The Application has its limits, which must be taken into account.

One of these limits is that processes in the app sometimes run asynchronously, which means that a short time can sometimes pass before the next step in the process runs. For instance, in situations described in Section 8, it might take a short time for an earmarked Budget to be displayed in the Eligible User’s account again.

18. What rights of use am I granted in relation to the app?

18.1 Non-exclusive right of use

The User is hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the app and the Application for their personal, non-commercial purposes.

The licence for the iOS version of the app covers the use on any Apple device owned or controlled by the User, subject to the applicable terms of use of the App Store, while the app may also be accessed and used via other Apple accounts linked to the User's Apple account via Family Sharing or volume purchases.

Copies of the app may be produced for data backup purposes. No other rights are granted in the app beyond this.

18.2 Open source licence notice

Information on the use of third-party components within the app and the applicable licence conditions can be found in the open source licence notice within the app.

The source code of the app is published under the terms of the Apache License, Version 2.0, and can be downloaded from www.github.com/kulturpass-de. The licence conditions of the Apache License, Version 2.0, are available at www.apache.org/licenses/LICENSE-2.0.

The licence conditions that apply in relation to the source code of the app as well as to third-party components contained in the app shall remain unaffected by the granting of rights under this Section 18.

18.3 The following is not allowed

The User may not manipulate or modify the app.

The User may not misuse the app or the (interfaces to the) services. The User may not use the app or the services for any purpose other than running the app on their end device in accordance with its intended purpose. The User may only access the Application via the app or the Website.

19. Special provisions for the iOS version of the app

The provisions set out in this Section apply to Users obtaining the app via the Apple App Store and using the app on the iOS operating system.

19.1 Maintenance and support

The BKM is solely responsible, as the publisher of the app, for the maintenance and support for the app in accordance with these Terms of Use. Apple does not assume any obligation to provide any maintenance or support services in relation to the app.

19.2 No liability on the part of Apple for malfunctions

In the event of the app malfunctioning, the User is free to inform Apple accordingly. Where permitted under the law, Apple has no further obligations in relation to the app malfunctioning.

19.3 Product liability

Apple is not liable for any claims raised by any Users or third parties in relation to the app, its possession or use, including

• claims on the basis of product liability,
• claims based on the app not meeting applicable statutory or regulatory requirements and
• claims under consumer protection law, data protection law or similar laws

including in connection with the use of the HealthKit and HomeKit frameworks.

19.4 Violation of third party intellectual property rights

In the event that third parties assert claims for infringement of intellectual property rights caused by the app or its possession or use by the User, Apple is not responsible for investigating, mounting a defence against, settling or satisfying such claims for infringement of intellectual property rights.

19.5 US embargoes and sanctions

By accepting the Terms of Use, the User confirms,

• that they do not reside in a country subject to an embargo imposed by the US government or designated by the US government as a terrorist supporting country and
• that the User is not on a US government list as a so-called prohibited or restricted party.

19.6 Third party beneficiary rights of Apple

The User acknowledges and agrees that Apple and Apple’s subsidiaries are a third party beneficiary under these Terms of Use and, therefore, Apple is entitled to enforce these Terms of Use against the User. The amendment and waiver of these Terms of Use, including Apple’s rights hereunder, are reserved to the parties and do not require Apple’s consent.

20. Changes to these Terms of Use

The Publisher offers the User changes to these Terms of Use in text form no later than two weeks before the proposed date on which they take effect. The Stiftung Digitale Chancen may send this offer of the Publisher. The User shall be considered to have given his approval if he has not indicated his refusal before the proposed date on which the changes are to take effect. The Publisher points out this effect of an approval to the User in the offer.

21. We also have the usual boilerplate

21.1 Third-party services

If the User avails themselves of third-party services in connection with the use of the Application, in particular the services of telecommunications service providers for the provision of a data connection, the User is responsible for the associated costs and compliance with the respective contractual conditions.

21.2 Online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/odr/. Our email address is kulturpass@bkm.bund.de.

21.3 Alternative dispute resolution

The Publisher is not obliged nor willing to participate in arbitration proceedings under the German Act on Alternative Dispute Resolution in Consumer Matters.

21.4 Applicable law

These Terms of Use are subject to German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular in the country in which consumers have their habitual residence, remain unaffected.

21.5 German language version

The German language version of these Terms of Use is the authoritative version.

21.6 Severability

In the event of individual points being legally ineffective, the remaining parts of the Terms of Use shall remain binding. The ineffective points shall be replaced by the relevant statutory provisions to the extent such provisions exist.