Unypan is an application that allows users to efficiently organize themselves in clubs and communicate with each other. The following Terms of Service (ToS) apply to the use of Level28 products and the Unypan website, apps and all other Unypan services (collectively referred to as Unypan-Service).
1.1 Level28 offers the interactive Unypan platform and the mobile
applications (apps) on the basis of these Terms of Service. In order to be
able to use the full range of products and services of Unypan, it is
necessary to register once and create a user account. Selected content as
well as general descriptions of Unypan can be viewed by the user on the
Unypan website even without registration.
1.2 By registering and/or using the Unypan website, the user expressly
accepts these Terms of Service as well as all other agreements to which
reference is made therein. Registration and/or use of the full range of
products and services is not possible without explicit consent to these
Terms of Service.
1.3 Most of the basic functions of the Unypan app can be used by the user
free of charge. Offers subject to a charge are identified as such and are
available to the user as "in-app" purchases or as "subscriptions".
1.4 By using or creating an account or otherwise using the service, you
confirm that you are of legal age under the law of the country of your
residence and that you have understood and accept these Terms of Use. If
you are not of legal age, your parents or legal guardian must agree to
these Terms of Use.
2.1 Level28 currently offers its users essentially the following
applications or information via the Unypan platform and app:
2.1.1 Personal profile page (name: profile) with personal data;
2.1.2 Inviting club members, creating groups, creating appointments and appointment
series;
2.1.3 Communication via 1 to 1 chat and group chat;
2.2 Level28 reserves the right to change or discontinue features and components
of the Unypan service at any time and without notice, either temporarily or
permanently. Unypan assumes no liability to the user or third parties for modifications,
suspensions or settings of features or components of the Unypan service. Level28
reserves the right to determine the time and content of software updates that
can be downloaded and installed by Unypan products partly automatically and
without prior notice to the user.
2.3 When using the Unypan service, registered users may receive notices, messages
or e-mails. The user agrees to receive such communications. The user can regulate
the receipt of communications at any time in the Unypan APP under settings.
The user is solely responsible for any text message or data transfer charges
that the user is charged by their mobile provider.
2.4 The comprehensive use of the Unypan service depends on the use of a computer
with suitable software or a supported mobile device as well as the user's Internet
connection. Maintenance and security of this equipment can affect the performance
of the Unypan service.
For paid features, Unypan utilizes Stripe for payment processing. Your subscription will be governed by these Terms of Service in conjunction with Stripe's terms of service. Unless otherwise stated, Unypan subscriptions are ongoing and will automatically renew for the agreed term. To cancel your subscription, please follow the instructions provided in your Unypan account settings or contact our support team. Please note that cancellation policies and refund eligibility are subject to Unypan's discretion and may be outlined separately.
Level28 requires the entry of personal and personal data for the offer and use of the Unypan service, in particular for the use of the Unypan apps. The use and processing of this data takes place in compliance with the General Data Protection Regulation (GDPR). This data will not be used except for the purpose specified in these terms of use. The Unypan privacy policy must be agreed to when registering to use the Unypan apps, and it can also be viewed at any time in the app offer.
5.1 In order to be able to use the Unypan offer to its full extent, a
one-time, free registration is required.
5.2 Only persons with unrestricted legal capacity are permitted to
register with Unypan. Minors may only register with Unypan with the
express permission of their parents or legal guardians.
5.3 By registering, the user confirms that they have read and accepted
these Terms of Service.
5.4 Each user may only register once with Unypan and assures with the
registration that he is not yet a registered user with Unypan or has
deleted any previously used account.
5.5. To register, the user must provide the data in the registration form,
e.g. first name and last name completely and correctly, unless these are
marked as voluntary information.
5.6 After successful registration, the user can log in to the Unypan
platform.
5.7 Unypan reserves the right to reject users without giving reasons. In
this case, the transmitted data will be deleted immediately.
5.8 Unypan assumes no guarantee for the actual identity of the user, as
the identification of persons on the Internet is only partially possible.
Each user must convince himself of the identity of another user before he
enters into any kind of interaction with them, e.g. addition to the club
or sending messages.
6.1 Users have the possibility to set their own content in the app in
accessible areas. The user is solely responsible for this content and
retains all rights to the content that is set and published in the Unypan
service. This content must not infringe the rights of third parties or
violate applicable laws, patents and regulations. Furthermore, no content
may be posted that is suitable for insulting, defaming, harassing or
otherwise harming other persons. Furthermore, no content with political,
religious, threatening, obscene, defamatory, abusive, racist, sexist,
pornographic, offensive, religious or otherwise offensive or illegal
content may be distributed, displayed or created via the Unypan service or
the Unypan app. Users indemnify Level28 against all claims asserted
against Level28 by other users or other third parties due to the culpable
violation of their rights due to the content posted by you as part of the
use of the app.
6.2 Unypan is not liable for the information posted by users. If it
becomes aware of infringing content, it will nevertheless be removed
immediately.
7.1 The Unypan service is intended for the user's personal, non-commercial
use. Unypan grants users a limited, non-exclusive, non-transferable and
non-sublicensable license to (1) access and view Unypan content and (2)
access and use the software and mobile applications made accessible by the
Unypan service. This license is granted exclusively for your personal use
and your personal enjoyment of the Unypan service in compliance with these
terms.
7.2 Unypan content or Unypan services or parts thereof may not be used
outside the scope of the contract, i.e. in particular, but not
exhaustively, published or exploited in any other form, unless expressly
permitted in these terms. With the exception of the licenses and rights
expressly granted in these terms, users are not granted any further
licenses or rights, either implicitly or in any other form, within the
scope of the intellectual property rights that Level28 or its licensors
own or control.
7.3 Unypan content includes texts, graphics, images, musical works,
software, audio, video, copyrighted works of any kind, as well as
information or other materials that are posted, generated, provided or
otherwise made available to you using the Unypan service. In addition to
the content of the users, Unypan content, the Unypan service and its
underlying conception and technologies are protected by copyright,
trademark, patent, intellectual property and other laws. You undertake not
to remove, modify or obscure notices of copyrights, trademarks, service
marks or other proprietary rights that are integrated into or accompany
the Unypan service.
7.4 Level28 respects copyright law and the laws applicable here and
expects the same from its users. The Unypan content and services are
subject to German copyright and ancillary copyright law. Any exploitation
and use of the Unypan content, concepts, services not granted by this
contract requires the prior written consent of the provider or respective
rights holder. This applies in particular to duplication, processing,
translation, storage, processing or reproduction of content in databases
or other electronic media and systems. The unauthorized duplication or
distribution of individual content or complete pages is not permitted and
punishable.
7.5 The user grants Unypan an irrevocable, free of charge, non-exclusive,
but unrestricted right of use to all content generated, transmitted,
stored and published by him to the extent that it is necessary for the
implementation of the Unypan services and is covered by the purpose.
7.6 To the extent that this is not permitted under applicable law, users
may not perform any of the following activities, attempt to do so or
encourage or assist others in doing so while accessing or using the Unypan
service: (1) Use, display, mirror or frame the Unypan service or
individual elements thereof, Unypan's name, Unypan brands, logos or other
protected information or layout and design of pages or forms offered as
part of the Unypan services without Level28's express written consent, (2)
access or manipulate non-public areas of the Unypan service, Level28's
computer systems, (3) investigate vulnerabilities of Unypan systems or
violate security or authentication measures, (4) circumvent technological
measures implemented by Level28, Unypan providers or third parties
(including other users) to protect the Unypan service or Unypan content,
(5) access the Unypan service or Unypan content through the use of
mechanisms other than through the use of an authorized connection, the
Unypan service or an Unypan API or (6) modify, decompile, disassemble,
reverse engineer, manipulate software that Level28 provides to you or
other parts of the Unypan service, or otherwise attempt to determine its
source code.
8.1 The user must protect his registration data from unauthorized access
by third parties, misuse or fraudulently made uses. The user must
immediately report any unauthorized, abusive use or fraudulently made use
of his account, as well as the suspicion that his account may be exposed
to such a risk, by email to info@level28.de.
8.2 Level28 has the right to close or cancel the account of any registered
user should there be an abusive or fraudulently made use of the account.
9.1 The user is entitled to terminate the use of the online offer of the
Unypan platform at any time by deleting his registration in the Unypan
app. The termination of use must be confirmed once, after which all
personal data concerning the user will be permanently deleted.
9.2 Furthermore, Unypan reserves the right to exclude the user from the
Unypan services/from the Unypan platform for good cause, e.g. in the event
of gross violations of the user's obligations.
9.3 In the event of termination, all personal data that the user has
provided during registration will be deactivated. Those data that the user
has made public, e.g. created appointments or sent chat messages, are (i)
displayed anonymously, i.e. it is made clear that this content comes from
a deleted user, or (ii) deleted, upon termination or exclusion.
Each user of the Unypan platform and Unypan APP undertakes to provide his registration data truthfully as well as to keep it up to date and complete and not to pass it on to third parties. Only content, e.g. photos, images, text, representations or videos, to store, publish, transmit and distribute, to whose transfer he is authorized, i.e. (i) either the user possesses the exclusive rights of use or (ii) if the user is not himself the owner of the rights to content posted by him, he guarantees to Level28 that he has effectively obtained all necessary rights, licenses, consents or the like. This also applies to copyrighted content such as company and trademarks. The responsibility for this content lies solely with the user. Not to undertake any disruptive interventions with technical or electronic aids in the Level28 network, in particular hacking attempts, brute-force-attacks, infiltration of viruses/worms/trojans and other attempts to disrupt the software and hardware of Level28 to report any identified violations of the above obligations immediately by mail to info@level28.de.
11.1 In order to ensure a proper and serious provision of the services,
Level28 will carry out the following sanctions in the event of violations
of the obligations by the user: Warning; Deletion of content; Temporary
blocking of the user; Exclusion (permanent blocking).
11.2 The choice of sanction depends on the intention, severity or type and
manner of the offense, taking into account the mutual interests.
11.3 If a user is excluded from the use of the Unypan services in
accordance with this section Sanctions in the event of violations of the
obligations by the user, the user may not register again.
12.1 Level28 assumes no guarantee that the Unypan platform and the Unypan
APP are constantly, completely and error-free available, or that the
required software and hardware works error-free.
12.2 Level28 assumes no guarantee that the data transport via third-party
systems, in particular the Internet or telecommunications networks, is not
tracked, recorded or falsified by third parties.
12.3 The use of the Level28 offer by the user is exclusively at the user's
own risk. This applies without restriction to 12.3.1 the use of the
hardware used in the process, including, but not limited to, the
respective smartphone,
12.3.2 the downloading of own and third-party content by the user; and
12.3.3 any exploitation by the user of data created by Level28 or provided
by Level28. The user expressly acknowledges that such data may be faulty
and Level28 assumes, to the extent permitted by law, no responsibility for
the accuracy of such data.
12.4 Furthermore, Level28 assumes no warranty for external links, banners
or other information offers that can be placed for the user. Legal
transactions that come about between the user and a third-party provider,
e.g. via linked pages or banners, lead to contractual relationships
exclusively between the user and the third-party provider. Unypan assumes
no warranty for the services of third-party providers.
12.4.1 Level28 assumes no liability for images and animations provided by
third-party providers.
12.5 The Unypan service and Unypan content are offered as is and therefore
without any warranty of any kind. Without limiting the foregoing, Level28
expressly disclaims all warranties of merchantability, fitness for a
particular purpose, quiet enjoyment or non-infringement of rights, and any
warranties arising out of course of dealing or trade practices. Level28
makes no warranty that the Unypan service or Unypan content will meet the
user's requirements or be available uninterrupted, secured and error-free.
Level28 makes no warranty with respect to the quality, accuracy,
timeliness, truthfulness, completeness or reliability of the Unypan
service or Unypan content.
13.1 Level28 is liable within the framework of the existing legal
provisions, regardless of the legal basis only if damage was caused by
Level28, grossly negligent or intentional. In the case of slight
negligence, Level28 is not liable to companies and to consumers only with
regard to the injury of life, body, health. A liability of Level28 towards
companies for consequential damages, mere financial losses, loss of
profit, damages from claims of third parties is excluded.
13.2 With the exception of the cases prescribed by law, neither Level28
nor the companies commercially affiliated with Level28 are liable for
damages that may arise from the use of content made accessible via the
online and mobile offer or other types of use of the online offer. This
also applies to damages that may arise from errors, problems, viruses or
data loss.
13.3 Level28 assumes no liability whatsoever for the downloaded material
or material that the user has received as a result of the use of the
service on the Unypan platform. The user alone is liable for any damage
that it could cause to his computer system, or for the loss of data due to
the downloading of any material related to the service from the Unypan
platform.
13.4 The liability of Level28 is limited in the total liability that
arises out of or in connection with these terms or as a result of the use
or impossibility of use of the Unypan service to the contractually typical
foreseeable damage.
14.1 The user shall indemnify Level28 against all claims asserted against
Level28 by third parties due to a violation of their rights by the content
posted by the user within the Unypan network or by its other use of the
available applications. The user shall bear the costs of a necessary legal
defense of Level28, including all court and attorney fees at the statutory
rate. This does not apply if the infringement of rights is not due to
culpable conduct on the part of the user.
14.2 The user is obliged, in the event of a claim by third parties, to
immediately, truthfully and completely provide Level28 with all
information available to him that is necessary for an examination of the
claims and a defense. Any further claims for damages of Level28 against
the user remain unaffected.
15.1 Level28 reserves the right to adapt these Terms of Service from time
to time in order to comply with legal provisions or requirements, to
comply with economic efficiency or to accommodate the interests of the
users, in particular, but not limited to. The Terms of Service are
available in the current valid version on the Unypan website and app.
15.2 Amendments to these Terms of Service require the consent of the user,
with the specific exception of the section Subject of the contract (number
2). If Unypan wants to make a change to the Terms of Service, Unypan will
notify the user as early as possible. Such notification will be made on
each device by which the user uses the services of Unypan. Unypan will ask
the user to accept the new Terms of Service. Any change to the Terms of
Service will take effect within thirty days of publication.
15.3 If the user does not agree to the changed Terms of Service, he can no
longer use the Unypan offer.
15.4 If the user continues to use the product and service offer of the
Unypan platform after a change to the Terms of Service or after
notification of the change or after the expiration of the thirty days,
this will be considered as his consent to the changed Terms of Service.
16.1 Should individual provisions of these Terms of Service be or become
invalid, the remaining terms and conditions shall remain unaffected.
16.2 The law of the Federal Republic of Germany applies exclusively to the
use of the Unypan services as well as this app. The UN Convention on
Contracts for the International Sale of Goods (CISG) as well as any other
interstate agreements, even after their adoption into German law, do not
apply.
16.3 In the event of disputes between you and Level28, please contact us
directly by e-mail to info@level28.de to find a solution.
16.4 Exclusive place of jurisdiction for all legal disputes arising out of
or in connection with the contract, including the question of its
conclusion, is Heidelberg, provided that the user is a merchant, a legal
entity under public law or a special fund under public law. The same place
of jurisdiction applies if the user does not have a general place of
jurisdiction in Germany, moves his domicile or habitual residence out of
Germany after conclusion of the contract or his domicile or habitual
residence is not known at the time the action is brought. Last updated:
28.01.2023 Unypan is an offer of Level28 UG (limited liability) Eppelheim.