Terms Of Use

Your use of the Pace service (the "Service") is governed by this legal agreement (the "Terms"). The Service is provided by Christoph Stadelbauer ("Christoph Stadelbauer"), located at Kurfuerstenstrasse 7, 87600 Kaufbeuren, Germany.

By using the Service, you are agreeing to these Terms. Please read them carefully. If you have any questions about these Terms, you can write us.

The Service is available to you if you are 13 years of age or older. If you are 13 or older, but under the age of majority in your country of residence, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it. You may use the Service only if you can form a binding contract with Christoph Stadelbauer and are not barred under any applicable laws from doing so.

In-App Subscription
You can choose to upgrade to Pace Pro from within the app via In-App-Purchase. The purchase will be applied to your App Store account on confirmation. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period, either monthly or annual. You can cancel anytime with your iTunes account settings. For more information, see this Terms Of Use and our Privacy Policy.

Using our Service
You must follow any policies made available to you within the Service. You agree to use the Service only for purposes as permitted by these Terms.

Using our Service does not give you any legal right, title, or interest in our Service or the Content you access. You may not assign (or grant a sub-license of) your rights to use the Service, or otherwise transfer any part of your rights to use the Service. The Service, including the software used to implement the Service, as well as the software provided to you as a part of the Service (the "Software"), are protected by copyright, applicable intellectual property and other laws. These Terms do not grant you the right to use any trademarks, branding, or logos used in our Service. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms.

Prohibited Conduct
Don't misuse our Service. You agree not to engage in any activity that interferes with or disrupts the Service. Also, you agree not to try to access the Service by any method other than the interface and instructions we provide. You may not do any of the following while accessing or using the Service: a) use any automated process to access or use the Service; b) attempt to disrupt or interfere with the Service by hacking or attempting to reverse engineer the Service; c) probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; d) bypass, modify, or disable any functionality of the Service; e) use the Service to send spam or other harmful communications; f) use the Service in any way that violates any laws, regulations, or court orders; g) use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

We may provide you with notices regarding the Service, including changes to the Terms, by postings on the Website.

Privacy
Christoph Stadelbauer takes your privacy very seriously. For more information on what data is being collected by using the Service, please read our Privacy Policy. By using the Service, you agree to our Privacy Policy.

About Software
The Software which you use may from time to time automatically download and install updates from the App Store depending on your preferences. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, or entirely new versions of the Software. You agree that Christoph Stadelbauer may deliver such updates to you as part of your use of the Service and you shall receive and install them as required.

Christoph Stadelbauer gives you a personal, non-assignable, non-exclusive, limited license to use the Software provided to you by Christoph Stadelbauer as part of the Service. The license is for the sole purpose of enabling you to use our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Service or Software, nor may you reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by law.

Modifying and Terminating our Service
We are constantly modifying and improving our Service. We may add or remove features or functions, and we may suspend or stop the Service altogether.

You can stop using the Service at any time, although we would be sorry to see you go. Christoph Stadelbauer may also stop providing the Service to you, or add or create new limits to our Service at any time.

Exclusion of Warranties
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL EXCLUDE WARRANTIES WHICH MAY NOT BE LAWFULLY EXCLUDED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".

CHRISTOPH STADELBAUER MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHRISTOPH STADELBAUER DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

Limitation of Liability
NOTHING IN THESE TERMS, INCLUDING THIS SECTION, SHALL LIMIT CHRISTOPH STADELBAUER'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY LIMITED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHRISTOPH STADELBAUER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON CHRISTOPH STADELBAUER'S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT CHRISTOPH STADELBAUER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnity
You agree to indemnify and hold harmless Christoph Stadelbauer, and its affiliates, directors, officers, employees, and agents, from and against any third party claims, demands, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Christoph Stadelbauer will provide you with written notice of such claim, suit or action.

About these Terms
Please note that the Terms of Service may change from time to time. We will post notice of modifications on our website. You understand and agree that if you use the Service after the date on which the Terms have changed, Christoph Stadelbauer will treat your use of the Service as acceptance of the updated Terms.

Certain components of the Service provided by Christoph Stadelbauer may require separate Software or other license agreements or Terms of Use. You must read, accept, and agree to be bound by any such separate agreements as a condition of using these particular components or features of the Service.

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

These Terms control the relationship between you and Christoph Stadelbauer, they don't create any third party beneficiary rights.

Upon any termination of the Service under Section "Modifying and Terminating our Service", these Terms will also terminate, but Sections "Exclusion of Warranties", "Limitation of Liability", "Indemnity", and "About these Terms" shall continue to be effective after these Terms are terminated.

This is the entire agreement between you and Christoph Stadelbauer with respect to the Service and it supersedes and replaces any prior representations, discussions, undertakings, communications or advertising relating to the Service. If any part of this agreement is found invalid or unenforceable, the remaining portions will remain in full force and effect, and enforceable term will be substituted reflecting our intent as closely as possible.

This agreement will be governed by and construed in accordance with the substantive laws in force in Germany if the Service is used by a Customer having its seat in a member state of the European Union. The respective courts of Germany competent for Christoph Stadelbauer's seat shall have jurisdiction over all disputes relating to this agreement; however Christoph Stadelbauer may file legal actions as well at the seat of the Customer.