Last update: March 2020
MoneyCoach and MoneyCoach Plus are mobile applications for various platforms, developed and offered to you by MoneyCoach UG. (“Provider”). They enable its users to track and manage personal finances and analyze their income and expenses. Your use of the MoneyCoach mobile applications and all the related services provided through it (collectively referred as “MoneyCoach”) is subject to the terms of a legally binding agreement (“Terms”) between you and the Provider.
MoneyCoach is currently available for download free of charge, however, it contains one-time payment or subscription in-app purchases to unlock additional features (collectively referred as “PRO” or “Premium” features).
MoneyCoach Plus is currently available for download for a price and might contain one-time payment in-app purchases to unlock additional features.
These Terms regulate the legal relationship between you and the Provider. You may not use MoneyCoach and/or MoneyCoach Plus if you don’t accept them. The Terms are always made available to you prior to the download of the MoneyCoach applications. By downloading, installing, using or otherwise accessing MoneyCoach and/or MoneyCoach Plus, you are expressing your acceptance and willingness to be bound by the Terms.
You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use the MoneyCoach applications.
Term and Termination
The Terms will remain in full force and effect while you use the MoneyCoach applications and until terminated by either you or the Provider.
Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared with other users, and they have not deleted them.
You may terminate the Terms at any time and for any reason by sending a written notice to the address of the Provider and deleting the MoneyCoach applications. Refund of your purchases is not possible.
Provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms you are not entitled to any refunds.
When there are changes in laws or regulations, conditions in the financial services markets, technology or organisational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through MoneyCoach application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account or Paid features and prices. You will be notified about the planned changes in advance through MoneyCoach application and via e-mail (with the updated Terms attached as a link to the original web page), if you have entered the email to subscribe to our newsletter.
From time to time, Provider may amend the Terms at its sole discretion. You will be notified about the planned changes in advance through MoneyCoach application or via e-mail. Updated Terms will be posted to this page 14 days prior to the effective date. By continued use of MoneyCoach, you are expressing your acceptance of the changes. If you don’t agree with the changes, you may terminate the Terms at any time.
Your use of MoneyCoach and/or MoneyCoach Plus
You must use MoneyCoach and/or MoneyCoach Plus only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws.
Registration and User Account
On iOS and macOS MoneyCoach and MoneyCoach Plus work without the need to sign up or register an account. On Android, you have to sign in with your Google account.
However, in some cases or for some special features you have to register. You agree to provide accurate, truthful and current information and keep it up to date. You must keep your account login information confidential and secure and you may not share it with anyone. You are solely responsible for any activities that occur under your account.
The Provider reserves the right to refuse your registration or suspend your MoneyCoach account at any time.
User generated content
You may enter and upload texts, numerical data, photos or other content to the MoneyCoach application. You retain copyright and any other rights to the content that qualifies for a legal protection. For such content you grant Provider a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.
You are solely responsible for any content you provide and for any consequences thereof. You may not enter or upload unlawful content or content that infringes copyright or any other third party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of the MoneyCoach applications.
Provider does not review the user content, but reserves the right to remove or disable access to any user content for any reason.
Provider has no responsibility for the accuracy of the content you provided or which was created by the MoneyCoach applications based on your input.
You are solely responsible for backing up the content you enter or upload to MoneyCoach.
No professional advice
Based on your user content (particularly synchronized payment account data or manual input data) MoneyCoach may provide you with personalized advice relating to financial health (such as measures and analyses of various financial indicators) or commercial offers (ads).
You hereby acknowledge and agree that such advice or commercial offers do not constitute professional financial, tax, accounting, investment or any other professional advice and Provider makes no representations or warranties of any kind related thereto.
In no event shall Provider be liable for any damages caused to you or a third person arising out of your use of such financial advice or commercial offers.
License and ownership
MoneyCoach application and all rights therein, including intellectual property rights, shall remain Provider’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.
Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use MoneyCoach and its PRO features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Third party services or libraries included in MoneyCoach applications are licensed to you either under these Terms, or under the third party’s license terms, if applicable.
Based on your license, you may not access MoneyCoach applications with other means than the official platforms and apps provided by MoneyCoach UG, mine or extract any data from MoneyCoach databases, modify, reverse engineer, decompile, disassemble or create derivative works of MoneyCoach application or any part thereof and circumvent any technology used to protect the paid PRO features. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense the MoneyCoach application.
Hardware and System Requirements
Information about the current hardware and system requirements of MoneyCoach and MoneyCoach Plus, technical restrictions and other limitations are always available on the platform-specific page of the application.
Maintenance and Support
MoneyCoach and MoneyCoach Plus are subject to a continuous development and Provider reserves the right, at its sole discretion, to update the MoneyCoach applications, change the nature of the MoneyCoach applications or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update MoneyCoach and/or MoneyCoach Plus.
Provider does not guarantee an uninterrupted provision of the services. MoneyCoach and/or MoneyCoach Plus may be temporarily unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider’s control.
If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of MoneyCoach is limited due to the limited capacity of the Provider.
PRO/Premium Features and Prices
MoneyCoach application is available for download free of charge. Free version allows you to use the basic features of MoneyCoach. You can unlock the PRO features by in-app purchases. Depending on the type of paid feature/features, they can be offered as a one time payment or as a subscription based in-app purchase. The user will be notified accordingly inside the app.
Current detailed information about the in-app purchase offer is always available on the platform-specific page of MoneyCoach or within the MoneyCoach application.
PRO features unlocked by one-time payments are non-consumable.
Current detailed information about the subscription offer is always available in the MoneyCoach application.
Subscriptions are concluded for the term specified in your order. You can choose between 1 month and 12 months’ term.
Premium features unlocked by a recurring automatic subscription will be renewed automatically up to 24 hours before expiration date.
Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).
Provider does not guarantee that MoneyCoach or any of its current free or paid features will always be free or at the same price and reserves the right, at its sole discretion, to change the pricing at any time.
Downloading or using MoneyCoach and/or MoneyCoach Plus may incur additional costs for the internet connection. You shall bear all such costs relating thereto.
MoneyCoach Plus application is available for download at a price. Provider reserves the right, at its sole discretion, to change the pricing at any time.
Payments and Refunds
You can purchase selected PRO features simply by pressing the “BUY” button in the platform in-app purchase dialogue which summarizes information about billing type, price and term.
By pressing the “BUY” button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible.
In case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “BUY” button you also consent that the contractual performance will start immediately and you acknowledge that for this reason you lose your right of withdrawal.
Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a successful transaction by unlocking PRO features in MoneyCoach. It proceeds by electronic means and is not subject to any extra fees.
If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out.
The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and MoneyCoach will be downgraded.
Available payment methods, include but are not limited to, credit and debit cards, gift cards or PayPal and may vary according to the distribution platform.
Provider itself doesn’t store any payment information or process payments. Distribution platforms, payment solution providers or their contractors are solely responsible for the payment processing.
Refunds for the in-app purchases are generally not provided.
Provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such subscription.
The regular subscription plan with your selected term will begin automatically after the expiry of the trial period, unless you cancel it before the period runs out.
The first payment for the subscription will process on the first day following the end of the trial period. By starting the subscription with trial period and providing your payment details you agree with possible future charges for the subscription.
You can withdraw your given consent at any time by deleting your MoneyCoach account and the MoneyCoach applications.
Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFITS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE MoneyCoach or MoneyCoach Plus, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, MALFUNCTION, CANCELLATION OR MODIFICATION, OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF MoneyCoach or MoneyCoach Plus, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER’S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MoneyCoach APPLICATIONS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
The materials at this site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In no event shall MoneyCoach UG or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if MoneyCoach has been advised of the possibility of such loss or damages.
You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising from your use of MoneyCoach and MoneyCoach Plus, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys’ fees.
The mere fact that MoneyCoach integrates or otherwise includes third-party services or content does not constitute an endorsement of MoneyCoach by respective third parties.
If you are an iOS device user, the terms in this section also apply to you:
You acknowledge that the Terms are concluded between you and the Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content.
The license granted to you must be limited to use MoneyCoach and MoneyCoach Plus only as permitted by the Usage Rules set forth in the App Store Terms of Service,
Provider and not Apple is solely responsible for providing any maintenance and support services with respect to MoneyCoach and MoneyCoach Plus. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to MoneyCoach or MoneyCoach Plus.
In the event of any failure of MoneyCoach or MoneyCoach Plus to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to MoneyCoach or MoneyCoach Plus, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of the Provider.
Provider, not Apple, is responsible for addressing any your or third party claims relating to MoneyCoach or MoneyCoach Plus or your possession and/or use of MoneyCoach or MoneyCoach Plus, including, but not limited to, product liability claims, any claim that the MoneyCoach fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.
You acknowledge that, in the event of any third party claim that MoneyCoach and/or MoneyCoach Plus or your possession and use of MoneyCoach and/or MoneyCoach Plus infringes that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
You represent and warrant that you are 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 you are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law and Disputes
Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Germany Republic. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the Provider.
If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.
English is a primary language of communication between you and the Provider. All information about MoneyCoach and MoneyCoach Plus are available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the Terms.
Complaints and Contact Information
Your questions, complaints or claims with respect to MoneyCoach and MoneyCoach Plus should be directed to:
Amtsgericht Berlin Charlottenburg