Terms & Conditions

General Terms and Conditions

Welcome to Unfade! The Unfade team has developed a high-quality and easy-to-use photo album scanner App for iOS and Android. Our App allows you to scan and archive analog photos, apply filters, send images by e-mail or archive them in supported cloud storage services. A full overview of the App can be found on our website at https://unfade.io.

Unfade is provided by doo GmbH, Joseph-Schumpeter-Allee 29, 53227 Bonn, Germany (hereinafter “doo”) and is directed to both consumers and companies.

1. Scope

  1. 1.1. These General Terms and Conditions (hereinafter “T&C”) form the exclusive legal basis for the contractual relationship between doo and you (hereinafter “You”). Any terms and conditions provided by you shall not become an integral part of the agreement even if doo does not expressly contradict their Application.
  2. 1.2. In addition to these T&C, the regulations of the relevant sales platform shall apply for the purchase and download of the Apps (hereinafter referred to as the “App Store”). They exclusively govern the contractual relationship between you and the relevant sales platform and are not part of this Agreement.
  3. 1.3. If you are recognizably offered services of external third-party companies (hereinafter “Partner Companies”) via the App (e.g. cloud storage), the relevant Partner Companies shall be exclusively responsible for the provision, availability, content and the other contractual design in connection with these services.
  4. 1.4. These T&Cs are available at https://unfade.io/de/terms.html and within the App under “Settings”, allowing you to view them at any time as well as download, save and access them on your relevant device.

2. Subject of the agreement and services

  1. 2.1. doo shall provide you with the App (without limitation in time) in the relevant version in one of the following versions:
    a) as free version with restricted scope of features (“Unfade”)
    b) as paid version with the full scope of features (“Unfade Pro”)
  2. 2.2. The App allows you to scan and save analog photo files. In the version “Unfade” the number of scans is limited. The version “Unfade Pro” allows you an unlimited number of scans and it additionally enables you to modify and adjust scans with a filter Application, as well as send them by e-mail or archive them in a supported cloud storage and to synchronize them between different devices. Furthermore, doo will send you push notifications relating to information in connection with the App, if you have agreed to this. The precise system requirements and complete scope of functions of the App are specified in the product description in the App Store used to download the App and can also be downloaded from our website at https://unfade.io. doo may also provide additional functions and services (e.g. special filters) via the in-App purchase function of the relevant App Store.
  3. 2.3. If you purchase the version “Unfade Pro” you pay doo the one-time fee agreed via the payment function provided in the relevant App Store on conclusion of the agreement. doo provides the App in the version “Unfade” to you free of charge.
  4. 2.4. You can extend the scope of features for the free version “Unfade” against payment of a fee via the In-App-Purchase-Function or by means of coupons provided by doo (“Upgrades”). In the event of an Upgrade, doo provides you the features as contractually agreed at the time of the conclusion of the contract against payment of the agreed fee. All provisions for the paid version “Unfade Pro” apply accordingly to paid Upgrades.
  5. 2.5. doo is authorized, but not obligated, to provide free updates for the App in the relevant App Store, which expand the scope of the App's functions. The precise system requirements and the complete scope of functions to be provided by such updates as well as the App in its updated version become apparent from the product and update description in the relevant App Store. Functions that doo provides to you free of charge after conclusion of the agreement may be removed by doo at any time taking into account both parties' interests; doo is not obligated to provide these permanently.
  6. 2.6. These terms of use shall apply accordingly for all in-app purchases and updates and for the App in the relevant version as updated by in-app purchases or updates.
  7. 2.7. doo may modify the scope of the App's functions at any time to a degree acceptable by you. In particular, changes shall be acceptable if they have an exclusively cosmetic impact or if they become necessary for good cause, for instance due to faults in the service provision by subcontractors or for security reasons, and if the scope of the App's functions in general and, overall, the main service obligations of doo are maintained. doo shall announce all major modifications to the App in the relevant App Store, allowing you not to install any updates modifying the scope of the App's functions.

3. Agreement conclusion

  1. 3.1. The agreement on the purchase of the App in the version “Unfade Pro”, including the granting of usage rights to the App, shall come about when you, on the product description page in the relevant App Store, first click the button with the price applicable for the App and then click the “Buy” button and enter your password for the relevant App Store, if applicable. Up to the click on the button “Buy” you are able to modify or cancel your order at any time.
  2. 3.2. The contract for the provision of the App in the free version “Unfade” is concluded, when you click on the button “Install” which is placed on the product description page at the respective App Store.
  3. 3.3. During in-app purchases, the agreement shall come about when you first select the relevant product within the App and then click the “Buy” button of the payment function offered by the relevant App Store.
  4. 3.4. The contract can be concluded in German or English language.

4. Obligations of the user

  1. 4.1. You shall use the Apps exclusively in accordance with the applicable law and these T&Cs.
  2. 4.2. If you share content using the App on third-party platforms (e.g. Facebook or iCloud), you are responsible to comply with all applicable terms of use of the respective platform. doo may place a reference to the respective shared content, that the content was shared using the App.
  3. 4.3. You are responsible for the security of the data you scanned, synchronized or otherwise processed using the App (including such data stored on cloud services, to which you grant access for the App). In particular, you are obligated to regularly backup the data in accordance to the specific risk.

5. Granting of rights

  1. 5.1. doo shall grant you a non-exclusive, non-transferable, non-sublicenseable, permanent, global right to use the App for the platform purchased by you (e.g. Android or iOS) for the intended purpose and as specified in the contract.
  2. 5.2. You may make copies of the App to the extent required for the contractual use of the App. You may not rent the App to third parties or make it otherwise accessible, unless you are legally authorized to do so.

6. Remuneration and invoicing

  1. 6.1. In case of the free version “Unfade” the provision of the App shall be free of charge.
  2. 6.2. Notwithstanding the foregoing, you shall pay doo the remuneration agreed on conclusion of this agreement in the relevant App Store. The payment is due in advance before downloading the App.
  3. 6.3. All remuneration and prices include the relevant statutory value-added and sales tax, unless stated otherwise in the relevant App Store.
  4. 6.4. Invoicing shall take place electronically by the relevant App Store. You expressly agree to electronic invoicing.

7. Warranty

  1. 7.1. For the free version “Unfade” doo offers warranty in accordance with the applicable legal provisions.
  2. 7.2. Notwithstanding the foregoing, doo shall ensure that the App has the properties and functions described in the product description on the relevant sales platform. You shall inform doo of such a fault by e-mail without delay.
  3. 7.3. doo does not offer any warranty for faults that are based on damage or faulty use of the App by you. A warranty shall also not exist if you or a third party modifies the App, except if you can prove that the fault already existed in the unmodified version of the App offered by doo.
  4. 7.4. You shall, free of charge, assist doo in rectifying the fault and, in particular, make available all necessary information, documents, etc., that doo requires to analyse and rectify the fault.
  5. 7.5. Furthermore, you shall be entitled to the statutory warranty rights.
  6. 7.6. If you are an entrepreneur, your warranty claims shall expire one year after the transfer of perils.

8. Liability

  1. 8.1. For the provision of the free version “Unfade”, doo is liable in accordance with the applicable legal provisions.
  2. 8.2. Notwithstanding the foregoing, doo shall bear unlimited liability in cases of intent and gross negligence as well as in cases of injury to life, body or health.
  3. 8.3. In cases of slight negligence, doo is liable in the event that an essential contractual obligation is infringed. An essential contractual obligation in the sense of this section is an obligation the performance of which is necessary for the Agreement to be carried out and, therefore, an obligation whose performance the contractual partner regularly depends on.
  4. 8.4. The liability according to Section 8.3 is limited to the typical and foreseeable damage apparent at the time of the conclusion of the Agreement.
  5. 8.5. You undertake to regularly back up the data stored via the App, to the extent possible. In the event of data loss, the liability of doo under Section 8.3 shall be limited to the costs that would have occurred had you performed appropriate data backup.
  6. 8.6. In the event of data loss doo’s liability according to Section 8.2 shall be limited to the amount that would have occurred for data restoration with proper and regular backups in accordance with Section 4.3.
  7. 8.7. The limitations of liability apply correspondingly to employees, representatives and subcontractors of doo.
  8. 8.8. Any liability of doo for warranties expressly indicated as such and for claims due under the Product Liability Act shall remain unaffected.
  9. 8.9. Apart from that, any liability of doo shall be excluded.
  10. 8.10. Vis-à-vis entrepreneurs, claims shall become time-barred within one year starting from the occurrence of the claim provided that they do not result from injury to life, body or health and slight negligence has not been ruled out. If you are a consumer, the relevant statutory provisions on the statute of limitations for claims apply.

9. Right of withdrawal for consumers

If you are a consumer, you shall have a right of withdrawal in accordance with the following instruction:

You have the right to withdraw from this Agreement without stating any reason within fourteen days.

The withdrawal period shall be fourteen days from the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the goods. In the event of an agreement on several goods, which you have ordered within the framework of a standard order and which are delivered separately, the period shall begin on the day on which you or a third party stated by you, who is not the forwarder, have or has taken ownership of the last item.

To exercise your right of withdrawal, you must inform us (doo GmbH, Joseph-Schumpeter-Allee 29, 53227 Bonn, Germany, [email protected]) of your decision to withdraw from this Agreement by clear declaration (e.g. a letter sent by mail, fax or e-mail). To this end, you may use the attached withdrawal form template. This, however, is not mandatory.

To observe the withdrawal period, it is sufficient if you send the notification on the exercising of the right of withdrawal before expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this Agreement, we must refund all payments received from you, including the delivery costs (with the exception of additional costs that result from you choosing a form of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which the notification of your withdrawal from this Agreement is received by us. For this refund, we use the same means of payment as you used when making the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees caused by this refund.

End of withdrawal instruction

Withdrawal form template

(If you wish to withdraw from the agreement, please fill in this form and return it to us.)

doo GmbH, Joseph-Schumpeter-Allee 29, 53227 Bonn, Germany, [email protected]

I/We (*) hereby withdraw from the agreement concluded by me/us (*) on the purchase of the following goods (*)/the provision of the following service (*)


Ordered on (*)/received on (*)


Name of the consumer(s)


Address of the consumer(s)


Signature of the consumer(s) (only for paper notifications)


Date


(*) Delete as applicable.

10. Complaints procedure

The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at http://ec.europa.eu/consumers/odr/. doo is neither willing nor obliged to participate on a dispute settlement proceeding before a consumer arbitration board.

11. General provisions

  1. 11.1. The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on the Sale of International Goods and conflict-of-law rules. This does not apply for consumers with regard to such provisions, which – according to the law applicable if this clause would not exist (which is in general the law of the Consumer’s primary residence) – are legally compulsory and cannot be waived by parties’ agreement.
  2. 11.2. If you are a consumer and do not have a place of residence in Germany or in another EU member state or if you relocate your permanent abode abroad after these usage terms come into effect or if your residence or usual abode is not known at the time of the complaint, doo´s registered office shall be the exclusive place of jurisdiction for all disputes arising under this Agreement. In the event of court disputes with other companies, Bonn, Germany, shall be the agreed place of jurisdiction.
  3. 11.3. If individual provisions of these T&Cs are or become ineffective and/or contradict legal provisions, the effectiveness of the remaining T&Cs shall not be affected thereby. The ineffective provision shall be unanimously replaced by the contractual parties with such a provision that comes as close as possible to the commercial purpose of the ineffective provision in a legally effective form. The above regulation shall apply accordingly in the event of regulation loopholes.

Last updated: May 4th, 2017