Terms and Condition

3. Contract Conclusion

3.1 The provider offers various methods for ordering products, which are detailed in the product catalogs on the internet, in print brochures, on WAP, on TV, or in other media in connection with the respective product.

3.2 The paid products can be purchased either as individual product orders in single purchases or as ongoing commitments in the form of subscriptions. Subscriptions may contain a predefined number of so-called vouchers or credits, which entitle the user to download, use, receive, or access the above-mentioned products within the scope indicated in the product description per billing period. The type and number of vouchers depend on the chosen subscription model (weekly subscriptions, monthly subscriptions). Information services may involve regular dispatch of information (e.g., daily weather report) or event-based dispatch of information (e.g., sports updates). The provider has no control over the maximum possible information in event-based services. Free products may either be provided as an addition with the purchase of a single product or subscription or may be offered independently.

3.3 By requesting a product from a subscription offer or as a single purchase, the user makes a binding offer to use the selected product at the current price. Upon acceptance of the offer by the provider, either by

a) dispatching a product or the first product from a category subscribed by the user (e.g., sending a ringtone, sending an SMS info news) or a license key, or

b) enabling the user to download the product (e.g., by sending a WAP push link or a download PIN) or

c) activating access to this product for the user (e.g., by activating the MSISDN for this product), a contract (hereinafter “Contract”) is concluded between the provider and the user. In the case of ongoing commitments for premium-rate services and premium-rate data services on a per-use basis with a price of more than 2 EUR per use, the contract is concluded by confirming the contract information in a confirmation SMS following the order SMS (handshake SMS).

3.4 If the user purchases a provider product, i.e., products not distributed via electronic media, directly or through third parties, a contract is concluded based on these terms and conditions at the time of purchasing the product from the retailer.

3.5 If no fixed term is agreed upon, the term of an ongoing commitment (subscription) depends on the billing period that the user was informed of during the order process. The subscription contract is automatically renewed for another billing period after each billing period and remains valid until terminated in accordance with Clause 7 of these terms and conditions.

3.6 The allocation of vouchers and the provision of download, reception, and access options are offered at a weekly or monthly total price depending on the chosen subscription model. This total price for a billing period is payable regardless of whether and how the customer uses the offer, especially if the customer does not or only partially utilizes the allocated vouchers. Granting access or enabling downloads or use also constitutes fulfillment of the contractual obligation. The timing and manner of actual access to the product content are at the discretion of the user. The allocated vouchers are reduced by the actual download of products. Depending on the subscription model chosen by the customer, unused vouchers in a billing period are either carried over to the next billing period and remain on the customer’s account until used or until the subscription contract expires due to the passage of time or is terminated, or they expire at the end of the respective billing period. If the number of vouchers provided for download in the billing period is exceeded according to the subscription contract, the customer pays the individual sales price specified in connection with the corresponding products for the additional downloads.

3.7 Subscription offers may be subject to changes. Extensions as well as restrictions, even for ongoing subscriptions, regarding content and prices are reserved, e.g., in case of increased costs for content, services, or transportation. In case of price and offer changes, the provisions of Clause 1.2 of these terms and conditions apply accordingly. Vouchers can only be redeemed in provider products.

3.8 Changes to or limitations on the services offered by the provider do not affect the existence of the mobile phone contract with the mobile network provider.

3.9 The provider reserves the right to reject abusive user requests.

4. Rights and Obligations of the User

4.1 The user is obliged to provide the necessary information truthfully and completely when registering. The user also undertakes to promptly and unsolicitedly update their information in case of any changes.

4.2 Only the user registered with the provider is personally entitled to use the provider’s product offer via their allocated provider user account. The user is not authorized to allow others to use it. The user undertakes to keep passwords, PINs, or similar confidential and not to disclose them to third parties. Once the user becomes aware that third parties have had or have access to the password, they are obliged to immediately request the blocking of their provider user account by sending an email to the provider’s customer service (info@mobileinfo.biz). If access or the disclosure of the password is not attributable to the provider’s fault, the user bears the costs of the provider products accessed until the time when the user requests blocking from the provider. 4.3 All products of the provider are subject to copyright and trademark protection. The user is entitled to store the products on their mobile phone. Any other storage, in particular transferring to another mobile phone, is not permitted. Likewise, copying or otherwise reproducing or modifying the products received by the user is not permitted.

4.4 The user is obliged to use all content received through the products exclusively for personal and private use unless otherwise agreed in individual cases. The products are subject to copyright or trademark law. The user is entitled to store the products on their mobile phone. Any other storage, especially transferring to another mobile phone, is not permitted. Likewise, modifying or copying the products is not permitted.

4.5 If the user is allowed to send or publish content themselves via the services offered or mediated by the provider, the user is responsible for the legality and compliance with youth protection regulations of this content themselves. It is expressly prohibited to send or otherwise transmit content that violates criminal laws, touches on other illegal or unethical topics (e.g., glorification of violence, sexist, racist, pornographic, or Nazi-related), or refers to publications with illegal or unethical topics. The provider reserves the right to discontinue the use of the services without further notice and to remove content in case of violations of these guidelines.

4.6 All products of the provider may only be used privately. Commercial use is only permitted with the prior written consent of the provider.

5. Provider’s Limitation of Liability

5.1 The provider is liable for damages resulting from the intentional and grossly negligent conduct of its own organs and vicarious agents, as well as without regard to the degree of fault for damages resulting from the violation of life, body, or health. The provider is also liable for slight negligence of its organs and vicarious agents in case of impossibility, delay in performance, non-compliance with a guarantee, or violation of any other essential contractual obligation; essential contractual obligations are those on whose compliance you may regularly rely or which enable the performance of the contract. In the event of slight negligence in the breach of the aforementioned obligations, liability is limited to damages typical for the contract and foreseeable at the time of the conclusion of the contract. Any liability for damages beyond the liability under the aforementioned rules is excluded. The aforementioned limitations of liability also apply in favor of the provider’s own organs and vicarious agents. Claims under the Product Liability Act remain unaffected.

5.2 If the provider provides telecommunications services to the public, according to § 44a TKG, liability for purely pecuniary damages, which were not caused intentionally, is limited to EUR 12,500 per individual customer and EUR 10 million per damaging event in relation to the entirety of injured parties. If the compensation due to multiple parties due to the same event exceeds the mentioned limit, the damages will be reduced in proportion to the sum of all damage claims to the limit.

5.3 The aforementioned limitations do not apply to damages resulting from injury to life, body, or health, which are based on breaches of duty by the provider or its legal representatives or vicarious agents, as well as in the case of mandatory legal regulations.

5.4 The provider endeavors to disseminate current information and requested products as quickly as possible. Since the provider must use services and distribution channels of third parties, over whose constant availability it has no control, it does not guarantee the transmission of products ordered or subscribed by the user via single retrieval channels maintained by third parties. The provider is not liable for temporary or permanent interruptions in data transmission to the users’ mobile phones, unless such interruptions are attributable to circumstances caused by the provider. Furthermore, the provider does not guarantee the continuous availability of services, e.g., in case of failure of the transport provider, or for certain information. In particular, the provider reserves the right to temporarily interrupt access to products for maintenance purposes.

5.5 The provider provides hyperlinks to other WAP and web pages, the content and design of which the provider has no influence over. These hyperlinks merely provide access to foreign content or products. The provider assumes no liability for the form and content of these linked WAP and web pages. If the provider becomes aware that WAP and web pages referred to or also content set up by the user on the provider’s systems violate applicable law or the so-called “netiquette,” the provider will remove the corresponding hyperlink after examining the situation.

5.6 To use the provider’s products, it is often necessary to use certain technical systems such as end devices (e.g., mobile phones), software programs, transmission paths, telecommunications, and other services of third parties, which may result in additional costs, especially connection charges. These must be paid separately by the user to the respective third-party provider. The provider does not provide such end devices, software programs, transmission paths, telecommunications, and other services and assumes no warranty or liability for them.

6. Fees

6.1 The provider offers various payment options for different products depending on the ordering process, including billing via vouchers, landline or mobile phone bills, prepaid credit, credit cards, bank transfers, direct debits, via a third-party payment system (e.g., Google or PayPal), or via its provider user account. The payment options are explained when ordering the specific product. Credits and vouchers on the provider user account can only be redeemed in provider products. The respective current end prices for the various subscription contracts, including value-added tax and any additional costs, are specifically stated in connection with the respective products and the chosen ordering process.

6.2 To use the products, it is sometimes necessary to use certain technical systems such as end devices, software programs, transmission paths, telecommunications, and other services of third parties and, if necessary, to maintain user accounts with third-party payment systems, which may result in additional costs, especially connection charges. These must be paid separately by the user to the respective third-party provider. For extensive downloads, we recommend booking a corresponding data option for the mobile device or using a WLAN access.

7. Termination

7.1 Termination is possible at any time without stating reasons by both contracting parties in writing. The user can terminate the contract in writing to Mobile City USA:

Mobile City USA LLC, 2654 W Horizon Ridge Pkwy Ste B5 1008 NV 89052 Henderson US, by sending an email to info@mobileinfo.biz, by calling the hotline at 0800 0068268 (EUR 0.00/min), and also in the customer area of the provider’s website.

If no minimum term has been agreed, termination becomes effective immediately. In the case of an agreed minimum term, termination becomes effective at the end of the minimum term.

7.2 The provider may terminate the user, especially in the case of subscription contracts, without notice if the user abuses products or uses them in violation of essential obligations, especially those outlined in Section 4 of the Terms of Use, or if the usage violates good morals or regulations governing administrative offenses and criminal acts, or infringes on the absolute rights of third parties. Furthermore, the user may be terminated immediately if:

(a) The user suspends payments after appropriate notice or fails to settle outstanding invoice amounts without cause after entering into default,

(b) The user seeks a debt moratorium with their creditors,

(c) Proceedings for an affidavit are initiated against the user, insolvency proceedings are opened over their assets, or there is any other significant deterioration in the user’s financial circumstances, which leads to fears that the user may temporarily or permanently fail to fulfill their obligations, unless they provide adequate security within 10 days upon appropriate request,

(d) The user falls into arrears with the payment of their due invoice sums and continuation of the contractual relationship is unreasonable. With the extraordinary termination, all claims and demands from the contractual relationship become due immediately. The user account will be blocked. The user must compensate the provider for any damage caused by the misconduct that led to the extraordinary termination, and in the event of third-party claims against the provider resulting from this, the user must indemnify the provider, including the costs of legal action.

8. Data Protection and Data Usage

8.1 The provider is entitled to collect, process, and use the data received from the user as well as the data accruing in connection with the use of the service in accordance with legal provisions to the extent necessary for the smooth running of the service and the processing of the contractual relationship. If the services are provided by a third party or if a contractual relationship is concluded with a third party, the provider is entitled and obligated, within the framework of legal requirements, to transfer your data to the service provider to the extent necessary for the performance of the contract and billing. This includes mainly your customer number and mobile phone number, as well as the time of use of the service and the price to be paid. Without your explicit consent, the provider will not transmit any inventory, connection, or content data to third parties, unless the provider is legally entitled or obliged to do so.

8.2 In processing the data and providing the service, the provider will comply with telecommunications secrecy, the Federal Data Protection Act (BDSG), the Telecommunications Act (TKG), as well as other relevant data protection laws.

9. Youth Protection

The provider places great emphasis on compliance with youth protection regulations. Access to content harmful to minors or the use of offers only suitable for adults is only possible and permissible after prior age verification within the framework of a closed user group. Access to the closed user group requires identification and authentication of the customer to ensure that they are of legal age. Customers who could not be identified at the conclusion of their mobile phone contract or who cannot authenticate themselves when accessing the services will not be granted access to the closed user group. Request messages sent that do not result in product delivery due to youth protection regulations must still be paid for. The provider assumes no liability for the accuracy of customer identification provided when providing access to a closed user group, unless this identification took place in the sphere of the provider. The user themselves must ensure that they have undergone a personal identification check by the contracting partner (e.g., the mobile phone provider or a third party authorized by them) when concluding the contract underlying an age verification system. In the case of presenting false identity documents or other identity concealment, the provider is not liable.

10. Applicable Law and Jurisdiction

10.1 All legal relationships between the provider and the user are subject exclusively to German law, excluding the UN Convention on Contracts for the International Sale of Goods.

10.2 If the user is a businessperson, a legal entity under public law, or a special public fund, Berlin is agreed upon as the exclusive place of jurisdiction for all disputes arising from these Terms of Use and from contracts of which they are a part.

If you have any questions about the Terms of Use, please contact:

• by email at info@mobileinfo.biz
• by phone at 0800 0068268 (EUR 0.00/min)
• by post to Mobile City USA LLC 2654 W Horizon Ridge Pkwy Ste B5 1008 NV 89052 Henderson US