Route2Bee · Last updated: October 2026 (version 5)
These Terms of Service (the “Terms”) govern your use of the mobile application Route2Bee (the “App”), provided by:
Lukas Schachtmaier & Johann Warkentin GbR
honeyapps
Rosenstraße 19
38550 Isenbüttel
Germany
Phone: +49 174 9783003
Email: info@honeyapps.de
(“we”, “us”, “Provider”). These Terms also govern the web app at route2bee.de (Section 2); provisions on the “App” apply to the web app accordingly unless they expressly concern only the mobile application (for example GPS recording or app store terms).
By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.
Please read Section 17 (Dispute Resolution) carefully. It requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days as described in Section 17.6.
Relationship to Apple / Google: Use of the App obtained through the Apple App Store is additionally subject to Apple’s Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). Use through Google Play is subject to the Google Play Terms of Service. Apple Inc. and Google LLC are not parties to these Terms and bear no responsibility for the App or for any claims arising from it. Apple and Google are, however, third-party beneficiaries entitled to enforce the applicable store license terms against you.
Route2Bee is a mileage logbook app for mobile devices (iOS and Android) providing the following core functions:
Web app: with an active Premium subscription you can also use your mileage log in a web browser at route2bee.de — view, add and edit trips and create reports and exports (additionally as an Excel file and an annual archive). Trips can only be recorded by the App on your phone. Registration and Premium purchases are only available in the App. The web app is an additional feature of Premium and its functionality may differ from the App. For security, a browser sign-in ends after a period of inactivity.
We may extend, modify or restrict the functionality of the App where there is a valid reason, for example adapting to new operating-system versions or app store requirements, security, changes in the law, technical development or changes to third-party services, provided this causes you no additional costs. We will inform you in good time in the App or by email of any change that impairs your use of the App more than insignificantly; in that case, you may terminate the contract free of charge within 30 days of receiving that information or of the change, whichever is later. For a paid subscription period already begun, the core functions (automatic trip detection, export, cloud synchronization) remain available.
Use of the App requires registration with an email address and password, or sign-in through Apple or Google. You agree to:
You may not transfer your account to another person or create multiple accounts for the same person. You must be at least 18 years old to use the App; see Section 4 of our Privacy Policy for details.
Free use: The App can be used free of charge for up to 20 trips in total. All saved trips count, whether detected automatically or added manually; trips you delete yourself continue to count. Trips the App discards on its own (for example as a false detection) do not count. Further trips require an active Premium subscription. Trips already saved remain available to you without a subscription. In the App you can create PDF and CSV reports and the complete data export (JSON) without a subscription; the DATEV export, the self-issued receipt PDF and the web app require an active Premium subscription.
Premium subscription: Premium is offered as an auto-renewing subscription with a monthly or an annual term.
Free trial: Where offered by the store, you may try the monthly plan free of charge for the period shown in the store (currently one month); for the partner annual plan, see Section 9a. The trial is available only to users who have not had a Premium subscription before, and only once per Apple ID or Google account. During the trial you have full Premium access. Unless you cancel at least 24 hours before the trial ends, the trial converts automatically into a paid subscription at the price shown when you started it, and your store account is charged. Trips recorded during the trial remain yours; without an active subscription, the App simply stops recording new trips beyond the free allowance.
Promotions and credits: We may offer time-limited promotions, discounts or credits (for example from the referral program, Section 9). They have no cash value, are not redeemable for cash, are non-transferable and may be revoked in case of abuse.
All subscriptions are sold and billed by Apple or Google, not by us. Refund requests are handled exclusively by the store you purchased through and are subject to that store’s policies:
We cannot issue, reverse or guarantee refunds for store purchases. Except where required by applicable law, payments for a billing period already begun are non-refundable, and we do not provide partial refunds for unused time.
Nothing in these Terms limits any non-waivable rights you may have under the consumer protection laws of your state or country of residence. If you are a consumer habitually resident in the EU/EEA, Section 5a applies in addition and takes precedence over this Section.
This Section applies if you are a consumer habitually resident in the European Union or the European Economic Area.
Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Lukas Schachtmaier & Johann Warkentin GbR, honeyapps, Rosenstraße 19, 38550 Isenbüttel, Germany, phone +49 174 9783003, email info@honeyapps.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
No early expiry: For a subscription, the right of withdrawal does not expire early.
Purchases through Apple and Google: Subscriptions are purchased and billed through the Apple App Store or Google Play. For purchases in the App Store, Apple is your contractual partner for the purchase; withdrawal and refunds are then governed by Apple’s terms (reportaproblem.apple.com). For purchases through Google Play, you may declare your withdrawal to us; the refund is processed through Google Play (Play Store → Account → Order history → Request a refund).
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Lukas Schachtmaier & Johann Warkentin GbR, honeyapps, Rosenstraße 19, 38550 Isenbüttel, Germany, email: info@honeyapps.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Automatic trip detection requires that you grant the App continuous access to your location, including in the background. This is a technical prerequisite for the core function of the App.
You may use the App only on devices you control and only to record your own trips or trips for which the persons concerned have given any consent required by law. You are responsible for ensuring that your use of GPS tracking in your vehicle and on your trips complies with applicable law, in particular:
You must not use the App to track any person or vehicle without that person’s knowledge and consent where such consent is required by law.
Technical limitations: Automatic trip detection relies on background GPS and on operating-system behavior outside our control. You expressly acknowledge:
We do not warrant that every trip will be detected, recorded completely, or recorded accurately. You are responsible for reviewing your trips and correcting or adding any that are missing or inaccurate.
You agree not to use the App to:
We aim for high availability of the cloud functions but do not guarantee uninterrupted availability. We will announce maintenance where reasonably possible.
Backup: Your trips are stored locally on your device first and, if enabled, synchronized to the cloud. You are responsible for backing up your data. Export your trips regularly (PDF, CSV or JSON) — in particular before changing devices, signing out or deleting your account. We recommend leaving cloud synchronization enabled to reduce the risk of data loss if your device is lost, damaged or replaced. There is no right to restoration of deleted or lost data.
Because the App depends on operating-system-controlled background processes, complete and uninterrupted recording of all trips cannot be technically guaranteed.
9.1 Participation. Every registered user receives a personal invite code in the App, which can also be shared as an invite link. Participation is voluntary and free; the referring user (the “referrer”) does not need a subscription to take part.
9.2 Redeeming a code. An invited person (the “referred user”) can enter an invite code in the App as long as they have not yet paid for Premium; a free trial does not count as payment. If you take over a subscription that has already been paid for (for example through “Restore purchases”), you count as a paying customer. Each account can be referred only once, and you cannot redeem your own code. While a referrer has reached the limit in Section 9.6, their code cannot be redeemed.
9.3 Qualifying purchase. The benefits in Sections 9.4 and 9.5 require the referred user, after redeeming the code, to purchase an annual Premium subscription and to actually be charged for the first year. Switching from a monthly to an annual subscription qualifies once the first annual period has been paid. A monthly subscription, a free trial or other free period, and a subscription shared through Family Sharing do not qualify.
9.4 Gift for the referred user. The referred user receives 3 additional months of Premium: we move the next renewal date of their annual subscription back by 90 days through the app store, free of charge, so the next annual charge falls due correspondingly later. The app store’s purchase screen shows the regular annual price; the renewal date is moved after the purchase, usually within minutes. If this is not immediately possible for technical reasons, the gift is credited and applied later, at the latest as Premium access after the paid subscription ends.
9.5 Reward for the referrer. The referrer receives 3 months of Premium. The reward is earned no earlier than 14 days after the referred user’s purchase and is usually credited on the following day, provided the purchase has not been cancelled, refunded or otherwise reversed by then. If the referrer has an active Premium subscription, we move its renewal date back by 90 days free of charge (on a monthly plan the next charges are skipped; on an annual plan the period is extended). If the referrer has no subscription, the reward is activated as 3 months of Premium access. The app stores allow at most two such extensions per customer per rolling year; if an extension is not possible for this or any other technical reason, the reward is credited and applied later, at the latest as Premium access after the paid subscription ends.
9.6 Limit. For each referrer, at most two invitations in any 365-day period count in which the referred user purchased an annual subscription — including invitations still in the 14-day waiting period; each is counted from the time of the purchase. Purchases reversed before the reward falls due do not count. If a referred user purchases an annual subscription while the limit is reached, the referred user still receives their gift, but the referrer does not receive a reward for it, even if one of the counted invitations is later reversed.
9.7 Refunds and reversals. If the referred user’s purchase is cancelled, refunded or otherwise reversed, the referred user’s gift is forfeited, and credited gift months that have not yet been used are removed. The referrer’s reward is forfeited if this happens before it falls due (Section 9.5); a reward that has already fallen due remains with the referrer. Section 9.9 (Abuse) remains unaffected.
9.8 No cash value. Rewards and gifts have no cash value, are not redeemable for cash, are non-transferable and cannot be combined with other promotions. You are not entitled to any particular form of credit (moving the renewal date, a banked credit or Premium access). Void where prohibited by law.
9.9 Abuse. You share your code at your own responsibility and only with people who are happy to receive it. The following are prohibited: self-referral through multiple accounts, creating accounts without a genuine intention to use the App, redeeming your own code, mass or unsolicited distribution of codes (spam, including unsolicited text messages or emails), advertising Route2Bee with misleading claims (for example about tax benefits), and exploiting technical errors. Where we have reasonable grounds to suspect abuse, we may withhold or revoke rewards and gifts, reverse those already granted, and exclude the accounts involved from the program.
9.10 App stores. Apple and Google are not sponsors of, and are not involved in, this program. Extensions are carried out through the app stores’ interfaces; if an app store declines or delays an extension, the benefit is applied later as described in Sections 9.4 and 9.5.
9.11 Changes and termination. We may modify or end the program for future redemptions; we will announce changes in the App. Rewards and gifts earned until then remain yours; codes already redeemed are governed by the conditions in force at the time of redemption. Section 16 continues to apply to all other provisions.
9.12 Previous conditions. Codes redeemed through an App version earlier than 1.0.67 (which still displays the previous conditions when a code is redeemed) remain governed by those conditions: the referrer receives 3 months of Premium if the referred user purchases an annual subscription without a free trial, or if their subscription is still continuously active 90 days after it started; the limit in Section 9.6 does not apply, and no gift for the referred user is provided.
9.13 Visibility. The referrer sees the referred user’s first name and the status of the invitation (for example “code redeemed”, “annual plan purchased”, “reward credited” or “no reward”) in their invitation list (see Section 10 of the Privacy Policy).
9.14 Account deletion. If the referrer or the referred user deletes their account before a gift or reward under Section 9.4 or 9.5 has been granted, that benefit is forfeited; benefits already granted are not affected.
9a.1 What this is. We work with partners, for example social media creators. Each partner receives their own code (for example “ANNA”), which they can also share as a link. If you redeem a partner code in the App, the App offers you the partner annual plan instead of the regular annual plan.
9a.2 Partner annual plan. The partner annual plan is a separate subscription in the Apple App Store or Google Play at a price below the regular annual plan. It is not available in every country; where the store does not offer it, the regular offer applies. Where offered by the store, it starts with a one-month free trial; unless you cancel at least 24 hours before the trial ends, it converts automatically into a paid annual subscription and your store account is charged. The price and trial shown in the App and in the store’s purchase screen before you confirm are the ones that apply. Section 4 (billing, renewal, cancellation, price changes) applies in all other respects.
9a.3 Eligibility. Partner codes are for new customers. You can redeem one if you have never had a Premium subscription — a previous free trial and a subscription taken over into your account count as a subscription. Each account can redeem only one code; a partner code cannot be combined with an invite code under Section 9 or with other promotions. The partner offer remains available in the App until you purchase a subscription, even if we have since ended the code for new redemptions (Section 9a.6).
9a.4 How long the benefit lasts. The reduced price applies to the partner annual plan for as long as it continues without interruption. If we increase prices under Section 4, we will increase the price of the partner annual plan by no greater percentage than the regular annual plan. Once the subscription ends, you are not entitled to purchase it again at the partner price.
9a.5 No cash value; abuse. The benefit has no cash value, is not redeemable for cash and is non-transferable. Section 9.9 (Abuse) applies accordingly.
9a.6 Changes and termination. We may end individual partner codes or the offer as a whole for new redemptions at any time. Partner annual plans already purchased are not affected.
9a.7 Partners and app stores. Partners are not authorized to make promises on our behalf, for example about tax benefits or acceptance by tax authorities; only these Terms and the information in the App apply. Apple and Google are not sponsors of, and are not involved in, this offer. We store which partner code you redeemed to provide the offer and to settle accounts with our partners; partners only receive aggregate numbers (see Section 10 of the Privacy Policy).
Route2Bee is a tool that helps you keep your own mileage log. The following features describe what the App does technically; they are not a promise that your records meet any particular tax requirement:
Your mileage log is your responsibility. You alone are responsible for your log and for anything you submit from it, in particular: (a) its accuracy and completeness — automatic detection can miss trips, end them too early or too late, merge, split or misclassify them, so review your trips regularly and add or correct them; (b) recording and reviewing trips in a timely manner; (c) the purpose, destination, reason and business partner of each trip; (d) odometer readings — the App measures distances by GPS and calculates odometer readings from them, and both can differ from the distance actually driven and from your vehicle’s odometer, so compare them with your odometer regularly and correct them; (e) whether and to what extent trips are deductible or reimbursable; and (f) checking every export before you submit it to a tax authority, accountant, employer or accounting software.
Recordkeeping is your responsibility. Any obligation to retain your mileage records (for example under IRS rules or your state’s rules) rests with you. We keep your data only while your account exists; when you delete your account, everything is deleted (Section 15; exception: Section 10a). Export your records regularly and keep the exports yourself.
NO TAX ADVICE. We are not a tax advisor, accountant, attorney or enrolled agent, and nothing in the App or in these Terms constitutes tax, accounting or legal advice. The App does not determine whether a trip is deductible, which mileage rate applies to you, or whether your records satisfy the substantiation requirements of the Internal Revenue Service (including IRS Publication 463) or of any state or local tax authority.
No guarantee of acceptance. We do not warrant that records generated with the App will be accepted by the IRS, any state or local tax authority, any employer, or any other third party. Acceptance depends on factors within your control, in particular the complete, accurate and timely recording of all trips, the correct classification of each trip’s purpose, and your regular review and finalization of trips.
Default rates. Any default rate preset in the App — for example USD 0.70 per mile in the U.S. configuration, or EUR 0.30 per km for business trips and EUR 0.38 per km of commuting distance in the German configuration — and any suggested accounting categories are convenience values only, provided without warranty for your individual situation. They may not reflect the current IRS standard mileage rate, any other applicable rate or your employer’s reimbursement policy. You can change them in the App and must verify them before use. You are solely responsible for the rates you use and the amounts you claim.
Whether a tax authority accepts your records is decided by that authority in each individual case. Information in the App, on our website or from our support is general information only. You should consult a qualified tax professional regarding your recordkeeping and deductions.
This Section applies only if you use the feature — as an owner when you create an invitation, as a driver when you accept one.
Feature: with active Premium – through a subscription (Section 4) or as a Premium reward – you can invite up to three people to one of your vehicles. Every invited person uses their own account and also needs active Premium to accept the invitation; the owner must still have Premium at that time, otherwise the invitation is no longer valid. Trips stay in the account of the person who records them. The owner sees the drivers’ trips with their vehicle from the time of their membership in the owner’s log for that vehicle; which details these are is set out in the Privacy Policy (Section 10a). Only the owner maintains the vehicle’s license plate, details and odometer.
Odometer reading: for shared vehicles our server carries the odometer reading forward from the distances of all drivers’ trips and the owner’s odometer corrections. If a trip is uploaded late or changed, the reading of later trips can change; this is logged. Section 10 applies accordingly: as the owner, compare the reading with the vehicle’s odometer regularly.
Trips recorded twice: if the server detects the same drive on several devices, only one recording counts until it is resolved. Each person involved can decide who was driving; the other recordings are then flagged as deleted. This decision cannot be undone.
Owner’s obligations: invite only people you have informed in advance and who agree that you see their trips. Use the joint log only to keep your mileage records, not to monitor people or their performance (Section 7). If you invite employees, you as the employer are responsible for meeting the applicable employment and data-protection requirements.
Leaving, removal, deletion: drivers can leave at any time, and the owner can remove them at any time. New trips are then no longer assigned to the vehicle; trips from the membership remain in the owner’s log. If an invited person deletes their account, their trips are deleted; where needed for the vehicle’s odometer reading, the owner’s log keeps only the time span and distance as a placeholder, without addresses and without any link to their account — to that extent deviating from Section 15. If the Premium of the owner or of an invited person ends, existing memberships and the joint log remain; Section 4 (free use up to 20 trips) applies to further trips. Creating and accepting new invitations requires Premium.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT TRIP DETECTION, DISTANCE CALCULATION OR ADDRESS RESOLUTION WILL BE ACCURATE OR COMPLETE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In that case, any implied warranty is limited to the shortest period permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER, ITS PARTNERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, OR FOR ANY TAX DEDUCTION DISALLOWED, TAX ASSESSED, PENALTY, INTEREST, FINE OR REIMBURSEMENT DENIED, ARISING OUT OF OR RELATING TO THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US OR THROUGH AN APP STORE FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (USD 50).
In particular, we accept no liability for:
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for fraudulent misrepresentation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
Consumers in the EU/EEA: If you are a consumer habitually resident in the EU/EEA, Section 11 and the preceding paragraphs of this Section 12 do not apply. Instead, we are liable without limitation for intent and gross negligence, for injury to life, body or health, under product liability law and under any guarantee given; for slight negligence we are liable only for breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely), limited to the foreseeable damage typical for this type of contract. Your statutory rights in respect of defects in digital products remain unaffected.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Provider and its partners, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of a third party, including any claim that you tracked a person or vehicle without the consent required by law; or (d) the content, accuracy or use of any mileage record you create, export or submit to a third party.
All rights in the App, including source code, graphics, design and the “Route2Bee” brand, belong to the Provider. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your own personal or internal business purposes.
Third-party trademarks: DATEV is a registered trademark of DATEV eG. Lexoffice is a registered trademark of Haufe-Lexware GmbH & Co. KG. Route2Bee is not a DATEV or Lexoffice product and has no business relationship with these companies; the names are used solely to describe export format compatibility. Apple and the Apple logo are trademarks of Apple Inc. Google Play and the Google Play logo are trademarks of Google LLC.
Map data: The map tiles behind the route previews in your trip list are provided by MapTiler and based on data from OpenStreetMap (© OpenStreetMap contributors, licensed under the Open Database License). The map view of an individual trip uses Apple Maps on iOS and Google Maps on Android. The terms of the respective map providers apply in addition. What is requested and transmitted is described in our Privacy Policy.
By you: You may delete your account at any time in the App under Settings → “Delete account & data”, in the web app under “Account & security”, or by contacting us at info@honeyapps.de. Deleting your account does not automatically cancel an auto-renewing subscription — you must also cancel it in your App Store or Google Play account settings.
By us: We may terminate the free use of the App on 30 days’ notice by email to the address on your account. A paid subscription period already begun continues until it ends; if we can no longer provide the service for a period you have paid for, the fee for that period is refunded pro rata through the store.
Discontinuation: We may discontinue the App altogether. We will give at least 3 months’ notice by email or in the App and make sure you can export your data until the App is discontinued. The preceding paragraph applies to paid periods.
Suspension: We may suspend or terminate accounts that seriously or repeatedly violate these Terms, abuse the referral program, or where necessary to protect other users or our systems.
Effect of termination: When your account ends, it is deleted completely and irreversibly together with all data — including finalized trips, waypoints and the audit log (see Section 14 of the Privacy Policy). We retain nothing. The only exception: if you were a driver of a shared vehicle, the owner’s log keeps, where needed for the odometer reading, the time span and distance of your trips as placeholders, without addresses and without any link to your account (Section 10a). Export your records before deletion if you need them for tax purposes (Section 10).
We may modify these Terms. We will notify you of material changes at least 30 days in advance by email or in-app notification.
Material changes apply to you only once you accept them in the App. If you do not accept them, the previous Terms continue to apply to you, and we may terminate the free use of the App as described in Section 15. Changes to Section 17 (Dispute Resolution) will not apply to any dispute of which we had actual notice before the effective date of the change.
This Section applies to you if you are a resident of the United States. Please read it carefully; it affects your legal rights.
17.1 Informal resolution first. Before starting an arbitration or any other proceeding, you agree to first contact us at info@honeyapps.de with a written description of the dispute, the relief you seek, and your account email. We will do the same before bringing a claim against you. Both sides agree to attempt in good faith to resolve the dispute informally for 60 days from receipt of that notice. This informal step is a condition precedent to starting arbitration, and the limitations period is tolled while it runs.
17.2 Binding individual arbitration. If the dispute is not resolved within 60 days, you and we agree that any dispute, claim or controversy arising out of or relating to the App or these Terms will be resolved exclusively by final and binding individual arbitration, and not in court, except as stated in Section 17.4. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted in English. Unless you and we agree otherwise, any in-person hearing will take place in the U.S. county of your residence; you may also elect a telephonic or video hearing or a decision on documents alone. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
17.3 Arbitration costs. Payment of filing, administration and arbitrator fees is governed by the AAA Consumer Arbitration Rules. If the arbitrator finds your claim is not frivolous, we will pay the portion of AAA filing and arbitrator fees that exceeds what you would have paid to file the claim in a court of competent jurisdiction.
17.4 Exceptions. Either party may (a) bring an individual claim in a small claims court of competent jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
17.5 Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If this Section 17.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and litigated in a court of competent jurisdiction, while all other claims remain in arbitration.
17.6 Your right to opt out. You may opt out of this arbitration agreement by sending an email to info@honeyapps.de with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms, stating your name and the email address of your account. Opting out has no effect on any other part of these Terms and will not affect your use of the App. If you opt out, disputes will be resolved in court as provided in Section 18.
These Terms and any dispute arising out of them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and excluding conflict-of-law rules that would result in the application of another jurisdiction’s law.
If you are a consumer, this choice of law does not deprive you of the protection of any mandatory provisions of the law of the country or U.S. state in which you have your habitual residence.
Subject to Section 17, for disputes that are litigated rather than arbitrated, the courts at the Provider’s registered seat have jurisdiction where permitted by law; if you are a consumer, you may also bring proceedings in the courts of your place of residence, and we will bring proceedings against you only there.
Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
No waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.
Entire agreement: These Terms, together with the Privacy Policy and any applicable app store terms, constitute the entire agreement between you and us regarding the App.
Export compliance: You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control.
Language: These Terms are available in German and in English. The version in the language in which you use the App, as displayed to you there, governs. If you are a consumer habitually resident in the EU/EEA, the mandatory consumer rights apply in any event, in particular the right of withdrawal (Section 5a) and the liability rules for EU/EEA consumers (Section 12).
Lukas Schachtmaier & Johann Warkentin GbR
honeyapps
Rosenstraße 19
38550 Isenbüttel
Germany
Phone: +49 174 9783003
Email: info@honeyapps.de