Terms of use of the secupay app

The following Terms of Use of the secupay App (hereinafter "Terms of Use") govern the use of the secupay App, which is provided by secupay AG, Goethestraße 6, 01896 Pulsnitz (hereinafter "secupay"). The terms of use are published both in the app and on www.secupay.com/AGB, where you can save them or print them out.

1. Use of the secupay app

The secupay App is a mobile wallet for Android and iOS ("secupay App"). It can be downloaded free of charge from the Google Play Store, AppStore or the Huawei Store (hereinafter "App Store"). It offers you the possibility to manage technically connected virtual payment cards from Mastercard and VISA, to use the added virtual payment cards with Google Pay or Apple Pay, to make secured payments in eCommerce with these virtual payment cards, to display payments made and to query the balance of the virtual payment cards. In addition, you can use the app to change the PIN of the deposited virtual payment card and remove virtual payment cards managed in the wallet from the secupay app.

Upon conclusion of the contract, you shall receive the non-exclusive (simple), non-transferable, non-sublicensable, geographically unrestricted right to use this App during the term of the contract in accordance with these Terms of Use and the contractual purposes regulated herein and to store and display it to the extent required for the intended and contractual use. No further rights to the app are transferred under this agreement. The provisions of §§ 69d, 69e UrhG remain unaffected. Components of the app that are recognizably subject to the rights of third parties and in particular open source licenses are excluded from the granting of rights. In particular, components that are disclosed by secupay within the secupay app as third-party content shall be deemed to be recognizable.

In order to use the app, you must have a smartphone with an Android or iOS operating system and Internet access. You can find out the other system requirements in the respective app store before concluding the contract.

You are responsible for the truthful and complete entry of your data during the use of the app, e.g. in the registration process and when using the app. You are obliged to keep your personal data up-to-date.

You assign a secure App PIN of your choice during the initial login process in the App. You must ensure that no other person gains knowledge of your PIN. In particular, you should not store it unencrypted in your mobile device. You are obliged to inform secupay immediately if you have reason to suspect that your App PIN or other log-in data has been disclosed to unauthorized third parties or that third parties have gained unauthorized knowledge of it in any other way.

Information about the Virtual Payment Cards added by you to the Wallet of the secupay App is offered in the App. The services of secupay are limited to providing the app for retrieving and displaying the card data and payment information as well as the connection to Google Pay and Apple Pay.

2. Scope of functions and notes on the use of the app

secupay provides the following functions with this app:

Adding technically connected virtual payment cards
Transferring payment cards from the wallet of the secupay app for authorizing payments to Google Pay and Apple Pay
Retrieval and display of payments made
Retrieval and display of the balance of the virtual payment cards
Display of the complete card data for the use of virtual payment cards in eCommerce
Retrieval and display of push TANs for secure eCommerce payments with the virtual payment card in 3D secure standard
PIN management for the virtual payment cards stored in the wallet of the secupay app
Push notification when a virtual payment card deposited in the app is used
Removal of virtual payment cards from the app

If you uninstall the app from the smartphone on which you are using the app, all app data will also be deleted.

3. Conclusion of contract

Sie geben ein bindendes Angebot über die Registrierung zur secupay App und die Nutzung des Funktionsumfangs der secupay App ab, indem Sie die bei der Anmeldung erforderlichen Angaben machen, diesen Nutzungsbedingungen zustimmen und den „Registrieren“-Button betätigen („Angebot zur Registrierung“).

Until you click on the "Register" button, you may cancel the registration at any time or change the information provided by deleting, supplementing or correcting the information provided in the various fields or by closing the app.

The contract between you and secupay is concluded by secupay sending a confirmation to the e-mail address used for registration immediately after receipt of the offer to register. This e-mail constitutes secupay's acceptance of the offer to register ("conclusion of contract").

4. Liability

secupay shall make regularly updated versions of the App, which are necessary for the App to remain contractually compliant, available in the App Store from which you downloaded the App and shall inform you thereof. This includes security updates. If you fail to install an updated version provided by secupay within a reasonable period of time, secupay shall not be liable for any product defect solely due to the lack of such update, provided that secupay has informed you about the availability of the update and the consequences of failure to inform you and the fact that you have not installed the update or have installed it improperly is not due to any defective installation instructions provided to you.

secupay shall be liable in accordance with the following provisions:
secupay shall be liable without limitation in the event of intent and gross negligence on the part of secupay as well as its representatives and vicarious agents, for injury to body, life and health, in accordance with the provisions of the Product Liability Act as well as to the extent of a guarantee expressly assumed by secupay. In the event of slight negligence, secupay shall only be liable in the event of a breach of essential contractual obligations (cardinal obligation). In this case, secupay's liability shall be limited to the typical and foreseeable damage at the time of the conclusion of the contract and secupay shall not be liable for lack of economic success, loss of profit or indirect damage. A material contractual obligation in this sense is an obligation the fulfillment of which makes the proper performance of the contract possible in the first place, and compliance with which the other party regularly relies on and may rely on.
Any further liability of secupay is excluded.

The above limitations of liability shall apply accordingly to secupay's employees, contractors and other vicarious agents.

5. Warranty

You shall be entitled to the statutory warranty rights.

6. Refund, correction and compensation claims

In the event of an unauthorized disposition, please contact the card-issuing office directly without delay. There are no refund claims against secupay as the publisher of this app, but possibly against the card-issuing office or company. Any claims can only be asserted against the card-issuing company.

7. Right of revocation

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, the following shall apply with regard to your right of revocation:

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (secupay AG, Goethestraße 6, 01896 Pulsnitz, [email protected] by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the service should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.

Sample cancellation form

To secupay AG, Goethestraße 6, 01896 Pulsnitz, [email protected]:

I hereby revoke, the concluded contract for the use of the secupay App,
Download and activation on (*),
Name,
Address
Signature (only in case of notification on paper),
Date

(*) Please insert date

8. Your right of termination

You can terminate the contractual relationship at any time without observing a notice period. To terminate, it is sufficient to uninstall the app from the smartphone. An additional declaration of termination of the usage agreement is not necessary. With the uninstallation of the secupay app, the user contract ends automatically. The credit balance of the deposited payment card remains unaffected.

The extraordinary right of termination for good cause shall remain unaffected.

9. Right of termination by secupay

secupay may terminate the user agreement for the secupay app by giving one month's notice. secupay shall make use of this right in particular if no active virtual payment card is managed in the wallet of the secupay app.

The extraordinary right of termination for good cause shall remain unaffected. Good cause shall be deemed to exist if secupay, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. Good cause for secupay exists in particular if misuse of the secupay app for which you are responsible occurs or is to be urgently feared on the basis of objectively established facts.

In the event of termination by secupay, the app access will be blocked as of the termination date. Login to the secupay app is no longer possible from this point in time.

10. Blocking of the secupay App

secupay may temporarily block the secupay App for use by you if:

the contract has been terminated and cancelled by one of the two contracting parties in compliance with the applicable notice period;
secupay is entitled to terminate this contract without notice for good cause;
based on objectively established facts, there is an urgent suspicion of unauthorized or fraudulent use of the secupay App by you or by unauthorized third parties;
we need to block your access to the secupay app in order to comply with applicable law, a court or government order or the instructions of a card organization;
we have been notified by you or an authorized third party that your mobile device has been lost or stolen.

secupay will notify you of the blocking by e-mail, stating the relevant reasons, if possible before the blocking, but no later than immediately after the blocking. The statement of reasons may be omitted if secupay would thereby violate legal obligations. secupay shall lift a block if the reasons for the block no longer exist. secupay shall also inform you of this immediately by e-mail, if possible.

11. Change in performance

Beyond what is necessary to maintain the contractual conformity of the secupay App, secupay may modify and adapt the secupay App and its scope of functions if a valid reason requires such modification. Such a reason exists if the changes or adjustments are necessary (i) to implement changed legal requirements or jurisdiction, (ii) to implement changed technical requirements such as a new technical environment or other operational reasons, or (iii) to adapt to changed market conditions such as increased user numbers, or if the changes and adjustments are made for your benefit, e.g. to improve user-friendliness or security.

You will not incur any additional costs for changes to the products and their scope of functions as defined in this clause 9.
If a change relates exclusively to time-critical security updates, enhancements of the functions, only insignificant components of the secupay app (such as design or display changes) and if it is not a negative change within the meaning of the following paragraph, secupay shall inform you about the change [within the user account] in a clear and comprehensible manner. In all other cases, secupay will inform you about the respective change to the secupay App in a clear and comprehensible manner at least six weeks in advance by means of a message by e-mail ("Change Notice"). The Change Notice shall contain the features and the time of the change as well as - in case of negative changes - information on your rights described below and the legal consequences of your silence.

If a change more than insignificantly affects your ability to access or use the secupay app ("negative change"), you have the right to terminate the contract free of charge with a notice period of 30 days. The period begins with the receipt of the change notification by you. If the change is made after you have received the change notification, the period shall not start to run until the time of the change. Termination of the contract is excluded if the accessibility or usability of the unchanged secupay App is maintained without additional costs. Negative changes to the secupay App shall be deemed to have been approved if you do not object to them by exercising your right of termination as described above. secupay shall separately draw your attention to this legal consequence in the notice of change.

These Terms of Use shall apply mutatis mutandis to all amendments and to the secupay App as modified by any amendments.

12. Amendment of these Terms of Use

secupay may amend and adjust these Terms of Use with effect for the future if there is a valid reason for the amendment and if the amendments are reasonable taking into account the interests of both contracting parties. A valid reason exists in particular if the amendments are necessary to a not insignificant extent due to a disruption of the equivalence relationship of the contract which was unforeseeable for secupay at the time of the conclusion of the contract, are necessary due to technical or legal changes or in order to supplement regulations regarding new functions which are additionally made available after the conclusion of the contract and require contractual regulations. The amendment of a main service obligation is excluded.

secupay shall send you the amended terms and conditions of use in text form at least six weeks before the planned effective date and shall separately notify you of the new provisions and the effective date. At the same time, secupay will grant you a reasonable period of at least six weeks to declare whether you accept the amended Terms of Use for the further use of the secupay App. If no declaration is made within this period, which begins with the receipt of the notification in text form by you, the amended Terms of Use shall be deemed to have been agreed. secupay shall separately inform you of this legal consequence, i.e. of the right to object, the objection period and the consequences of a failure to object, at the beginning of the notification period.

13. Final provisions

This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), mandatory statutory consumer protection provisions under the law of the state in which you have your habitual residence shall remain unaffected.

The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of secupay, provided that you are a merchant, do not have a general place of jurisdiction in Germany or in another EU member state, your permanent place of residence was moved abroad after this contract came into force or your place of residence or usual place of abode is unknown at the time the action is brought.

The contract language is German.

The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/ . secupay is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Terms of use of the secupay app