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Terms of Service

Last updated: January 2025

1. Scope of Application

These Terms of Service ("Terms") govern the use of the PalePass application ("App") for macOS and iOS, provided by TLBM UG (haftungsbeschränkt) ("we", "us", "TLBM"). By installing, downloading, or using the App, you fully accept these Terms.

2. Service Description

PalePass is a password and credentials management application that allows users to store and manage passwords, secure notes, credit card information, and other sensitive data. The App uses Apple's iCloud (CloudKit) for synchronizing data between devices.

3. Terms of Use

3.1 Right to Use

You must be at least 13 years old to use the App. If you are under 18 years old, you need the consent of a parent or guardian.

3.2 iCloud Account

Use of the App requires an active iCloud account. You are solely responsible for ensuring that your iCloud account is properly configured and secure.

3.3 Usage Restrictions

You agree not to use the App for:

4. Subscriptions and Payments

4.1 Free Version

The App offers a free version that allows up to 100 entries. All core features are available in the free version.

4.2 Premium Subscriptions

Premium subscriptions (weekly, monthly, or annual) enable unlimited entries. Subscriptions are processed through the App Store and are subject to Apple's terms and conditions.

4.3 Subscription Cancellation

You may cancel your subscription at any time through your Apple account settings. Cancellation will take effect at the end of the current billing period.

5. Right of Withdrawal (EU Consumer Rights)

5.1 Right of Withdrawal for Digital Content

If you are a consumer in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason.

However, by purchasing a subscription and starting to use the App, you expressly agree that we may begin performance of the contract before the end of the withdrawal period. You acknowledge that you will lose your right of withdrawal once we have fully performed the service and you have expressly consented to us beginning performance before the end of the withdrawal period.

To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending a clear statement to: info@tlbm.de

6. Privacy

How we process your data is described in our Privacy Policy. Your data is stored in your iCloud account and protected by Apple's encryption.

7. Liability Disclaimer

7.1 No Warranty

The App is provided "as is" and "as available". TLBM makes no warranties regarding the availability, reliability, accuracy, or suitability of the App for particular purposes.

7.2 Disclaimer for Data Loss

TLBM assumes no liability for data loss, data corruption, or loss of stored passwords, notes, or other information. You are solely responsible for creating regular backups of your data. We strongly recommend using the App's export function to create regular backup copies of your data.

7.3 General Liability Disclaimer

To the extent permitted by law, TLBM excludes all liability for:

7.4 Limitation of Liability

TLBM's total liability, regardless of legal basis, is limited to the amount you paid for the App in the last 12 months, or 50 euros, whichever is lower.

8. Availability and Maintenance

We strive to keep the App available but cannot guarantee uninterrupted availability. The App may be temporarily unavailable due to maintenance, technical issues, or problems with Apple's iCloud service.

9. Changes to the Service

TLBM reserves the right to change, modify, or discontinue the App, its features, or these Terms at any time. We will notify you of significant changes to the best of our ability.

10. Termination

You may stop using the App at any time by removing it from your devices. TLBM reserves the right to suspend or terminate your access to the App if you violate these Terms.

11. Intellectual Property

All rights to the App, including copyrights, trademarks, and other intellectual property rights, remain with TLBM or the respective rights holders.

12. Third-Party Services

The App uses Apple's iCloud (CloudKit) for data synchronization. Use of iCloud is subject to Apple's terms and conditions. TLBM is not responsible for the availability, security, or functionality of Apple's services.

13. Dispute Resolution (EU Consumer Rights)

13.1 EU Online Dispute Resolution Platform

The European Commission provides a platform for online dispute resolution (ODR), which you can access at: https://ec.europa.eu/consumers/odr/

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board and are not willing to do so.

13.2 Consumer Dispute Resolution

We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

14. Applicable Law and Jurisdiction

These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence.

If you are a consumer, you may also bring proceedings in the courts of your country of residence. If you are a business, the place of jurisdiction for all disputes arising from or in connection with these Terms is Quickborn, Germany, to the extent permitted by law.

15. Severability Clause

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

16. Contact Information

For questions regarding these Terms of Service, you can contact us:

TLBM UG (haftungsbeschränkt)
Marienhöhe 157
25451 Quickborn
Germany

Phone: +49 4106 1282398
Email: info@tlbm.de
Commercial Register: HRB 13420 PI
Register Court: Pinneberg

17. Information According to German Law (§ 5 TMG)

Information according to § 5 of the German Telemedia Act (TMG):

TLBM UG (haftungsbeschränkt)
Marienhöhe 157
25451 Quickborn
Germany

Commercial Register: HRB 13420 PI
Register Court: Pinneberg
DUNS: 314646630

Represented by:
Managing Director: Martin Schultz