General Terms and Conditions (T&Cs) for RockTrackR
Status: March 26, 2026
§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter referred to as >>T&Cs<<) apply to the use of the mobile application RockTrackR (hereinafter referred to as >>App<<), which is made available for download in the Apple App Store. The provider of the App is:
Volker Herrmann
Am Dorfteich 11, 25462 Rellingen, Germany
Email: contact@rocktrackr.de
(hereinafter referred to as >>Provider<<)
(2) The App can be used by users of all ages. Minors may only use the App with the consent of a legal guardian and may only make in-app purchases with their express permission. The age rating of the App in the Apple App Store remains decisive.
(3) Conflicting or deviating conditions of the user will not be recognized unless the Provider expressly agrees to their validity in writing.
§ 2 Conclusion of Contract and Terms of Use
(1) By downloading, installing, or using the App, the user agrees to these T&Cs. The contract for the use of the basic version is concluded when the App is started for the first time.
(2) The App is available as a free basic version (hereinafter referred to as >>Free Version<<). Enhanced functions can be unlocked through paid in-app purchases or subscriptions (hereinafter collectively referred to as >>Premium Services<<).
(3) Use of the App requires a compatible Apple device with a currently supported version of iOS. The current minimum requirements are listed in the respective App Store description. The Provider does not guarantee compatibility with all devices or operating system versions.
§ 3 In-App Purchases and Subscriptions
(1) Premium Services can be acquired as a one-time purchase or as a subscription (monthly / yearly). Prices are clearly displayed within the App and in the Apple App Store prior to purchase.
(2) The processing of all payments is carried out exclusively via Apple (App Store). Apple’s payment terms apply. The Provider has no access to the user’s payment data.
(3) Subscriptions automatically renew for the respective booked period unless they are canceled via the user’s Apple ID settings at least 24 hours before the end of the current billing period.
(4) The Provider reserves the right to change the prices for Premium Services. Price changes will be communicated to the user in a timely and transparent manner and shall only apply to subsequent billing periods.
(5) Reimbursement of amounts already paid is subject to Apple’s refund policy and must be requested via Apple Support.
§ 4 Right of Withdrawal
(1) Consumers generally have a statutory right of withdrawal. Since in-app purchases and subscriptions involve the delivery of digital content not supplied on a physical medium, the right of withdrawal expires pursuant to § 356 para. 5 BGB (German Civil Code) as soon as the Provider has begun performance of the contract and the consumer has expressly consented to the Provider beginning performance before the expiry of the withdrawal period and has acknowledged the loss of the right of withdrawal.
(2) The download and use of the free version of the App do not give rise to a right of withdrawal due to the lack of remuneration.
§ 5 Rights of Use
(1) The Provider grants the User a non-exclusive, non-transferable, non-sublicensable right for the duration of use to use the App for private, non-commercial purposes on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing.
(2) The user is prohibited from:
- copying, modifying, decompiling, disassembling, or reverse engineering the App or parts thereof (Reverse Engineering);
- renting, leasing, selling, sublicensing, or otherwise commercially exploiting the App in whole or in part;
- circumventing protection mechanisms or technical limitations of the App;
- using the App for unlawful purposes.
(3) All rights to the App, in particular copyrights, trademark rights, and other industrial property rights, remain with the Provider or the respective rights holders.
§ 6 Third-Party Services
(1) The App uses services from third parties (hereinafter >>Third-Party Services<<), in particular APIs and SDKs from external providers. The following Third-Party Services are used: iCloud (Apple), Apple Music, and external REST APIs for providing event and setlist data (via proxy service).
(2) The respective third-party provider is responsible for the availability, functionality, and content of these Third-Party Services. The Provider has no influence over these services and assumes no liability for them.
(3) The use of Third-Party Services may be subject to a separate privacy policy and the T&Cs of the respective provider. The user is requested to take note of these separately.
(4) If a Third-Party Service is permanently discontinued or no longer available, the Provider is entitled to replace it or adapt corresponding functions of the App without this resulting in claims by the user.
§ 7 Availability and Changes to the App
(1) The Provider endeavors to ensure the most uninterrupted availability of the App possible but does not guarantee specific availability or error-free operation. In particular, maintenance work, technical malfunctions, or circumstances beyond the Provider’s control (e.g., failure of Third-Party Services, Apple-side restrictions) may lead to temporary limitations.
(2) The Provider reserves the right to further develop the App at any time, to add, change, or remove functions, and to discontinue the App entirely. In particular, the Provider is not obliged to ensure the compatibility of the App with future iOS versions or devices.
(3) In the event of the discontinuation of the App or the discontinuation of paid functions, the Provider will inform the affected users with reasonable notice.
§ 8 Limitation of Liability
(1) The Provider is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages caused intentionally or by gross negligence, and for damages based on a guarantee or fraudulent misrepresentation.
(2) Otherwise — in particular for slight negligence — the Provider’s liability is limited to compensation for foreseeable, typically occurring damage, provided that an essential contractual obligation (cardinal obligation) has been violated. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely.
(3) The Provider is not liable for slightly negligent breaches of non-essential contractual obligations.
(4) The Provider is not liable for:
- damages caused by incorrect, incomplete, or outdated information resulting from the App’s results, particularly decisions related to the purchase of concert tickets, attendance at events, or other economic actions;
- the accuracy, completeness, timeliness, or availability of content obtained via Third-Party Services (in particular Ticketmaster, Eventim, setlist.fm, Apple Music, and iCloud); the Provider merely reproduces this content and does not adopt it as its own;
- canceled, postponed, or changed events, incorrect setlists, inaccurate ticket prices or availability, and other inaccuracies in the data provided by Third-Party Services;
- loss of data, unless this is attributable to a grossly negligent or intentional breach of duty by the Provider;
- malfunctions or failures of the App or individual functions based on force majeure, measures by Apple (e.g., App Store restrictions, iOS updates), malfunctions of Third-Party Services, or other circumstances outside the Provider’s control;
- the permanent or uninterrupted availability of Third-Party Services accessed by the App; a failure or change of these services does not justify claims against the Provider, including for users with active Premium subscriptions;
- economic decisions, financial losses, or other indirect damages of the user made or caused on the basis of the App or its content.
(5) The free basic version of the App is provided without any warranty, to the extent permitted by law. In particular, the Provider does not guarantee that the Free Version functions without errors, is suitable for a specific purpose, or contains specific scopes of functions permanently.
(6) To the extent that the Provider’s liability is not completely excluded according to the above regulations, it is limited in amount to the sum paid by the user to the Provider for Premium Services in the twelve (12) months preceding the event giving rise to the claim. For users of the Free Version, liability is limited to zero, to the extent permitted by law. This limitation does not apply to cases of unlimited liability mentioned in § 8.1.
(7) Claims for damages by the user against the Provider that are not based on an intentional or grossly negligent breach of duty or on injury to life, body, or health shall expire, deviating from statutory regulations, within one (1) year from the user’s knowledge of the damage and the Provider as the debtor, but at the latest three (3) years after the event giving rise to the claim.
(8) The above limitations of liability also apply to the personal liability of employees, representatives, and vicarious agents of the Provider.
(9) Liability under the Product Liability Act remains unaffected.
§ 9 Data Protection
(1) The Provider processes the user’s personal data exclusively in accordance with the applicable General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and other applicable data protection regulations.
(2) Details on data processing, the user’s rights, and the Third-Party Services used are regulated in the separate Privacy Policy, which can be accessed in the App and in the App Store. The Privacy Policy is an integral part of these T&Cs.
§ 10 Term and Termination
(1) The user relationship for the Free Version is concluded for an indefinite period and can be terminated by the user at any time by uninstalling the App.
(2) Subscriptions run for the respective booked period and renew automatically (cf. § 3). Termination of the subscription takes place exclusively via the user’s Apple ID settings.
(3) The Provider is entitled to block access to the App without notice for good cause or to terminate the user relationship extraordinarily, in particular if the user violates these T&Cs or applicable law.
§ 11 Additional Terms for iOS Devices
(1) Acknowledgement: The User acknowledges that this agreement is concluded between the Provider and the User only, and not with Apple Inc. (“Apple”). The Provider is solely responsible for the App and the content thereof.
(2) Maintenance and Support: The Provider is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(3) Warranty: In the event of any failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the App to the User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Provider’s sole responsibility.
(4) Product Claims: The Provider and the User acknowledge that the Provider, not Apple, is responsible for addressing any claims of the User or any third party relating to the App (including, but not limited to, product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection).
(5) Intellectual Property Rights: The Provider and the User acknowledge that, in the event of any third party claim that the App or the User’s possession and use of that App infringes that third party’s intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
(6) Legal Compliance: The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
(7) Third Party Beneficiary: The User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon the User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third party beneficiary thereof.
§ 12 Changes to these T&Cs
(1) The Provider reserves the right to change these T&Cs for objectively justified reasons (e.g., changes in the legal situation, new functions of the App, changed technical requirements).
(2) Changes to the T&Cs will be communicated to the user via an in-app notice at least four (4) weeks before their intended entry into force. The modified T&Cs will be made available to the user in full text.
(3) The modified T&Cs are deemed accepted if the user expressly agrees to them within the App. Consent by silence or mere continued use of the App does not occur.
(4) If the user does not agree to the modified T&Cs, the Provider is entitled to terminate the user relationship at the time the modified T&Cs are intended to take effect. In this case, the Provider will advise the user on the possibility of canceling active subscriptions via the Apple ID settings.
(5) Clarifying or editorial changes that do not affect the user’s essential rights or obligations can be made without the above procedure.
§ 13 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(2) The place of jurisdiction for all disputes arising from or in connection with these T&Cs is, to the extent permitted by law, the registered office of the Provider. For consumers, the statutory place of jurisdiction applies.
(3) The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should any provision of these T&Cs be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory regulation.
Status: 26.03.2026 — RockTrackR