Terms of Use

Effective from: August 2023

Before using the Moonpoints.App, please read this End User License Agreement, (“MOONPOINTS-APP License Agreement”).

By downloading the Moonpoints.App, you agree to this MOONPOINTS-APP License Agreement.

MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 and its affiliates (“our”, “we”, “us”, “”, “Provider”) grant you a license to the Moonpoints.App pursuant to this APP License Agreement.

If you do not agree to the terms set forth in the MOONPOINTS-APP License Agreement, you may not download or use the Moonpoints.App. MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 all rights not expressly granted to you.

MOONPOINTS-APP License Agreement

Content:

Scope of the license
Changes of the MOONPOINTS-APP license agreement
Consent to the use of data
Term / Termination
Services
Third-party materials
Location information
Copyrighted content
Language and local regulations
Modification, suspension and discontinuation
Network operator
Data Security
Limited warranty and disclaimer of warranty
Liability
Indemnification
Lawful use
Governing Law and Venue
Beneficiary third parties
Severability clause / completeness
Note

1) Scope of the license

(1) Subject to the terms of this MOONPOINTS-APP License Agreement, MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 hereby grants you a limited, non-transferable license to use the Moonpoints.App on the Mobile Device; the Software is not sold or transferred to you.

You are prohibited from use the Moonpoints.App on a mobile device that you neither own nor control; distribute or make available the Moonpoints.App over a network through which it could be used on multiple devices simultaneously; rent, lease, loan, sell, distribute or sublicense the Moonpoints.App; or copy (except as expressly permitted by this MOONPOINTS-APP License Agreement), decompile, disassemble, disassemble, attempt to derive source code from, modify, or create derivative works of the Moonpoints.App, Updates, or portions thereof of any kind (except and only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the License Terms with respect to the use of open source components included on the Moonpoints.App).

(2) Unless otherwise agreed in the respective source of supply from which the MOONPOINTS-APP is loaded, you do not have to pay any fees for the use of the Moonpoints.App. For individual services offered by MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 in the sense of this MOONPOINTS-APP license agreement, however, separate user fees can be charged by MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049.

(3) With offences against these license regulations you can be prosecuted criminally or claims for damages can be asserted against you. The license regulations are valid with regard to any upgrades as well as updates which are made available by, unless such an upgrade or update is provided with a separate license.

(4) Insofar as the use of the mobile app requires a fee, this can be demanded in different forms. On the one hand, for example, by a one-time payment or by a subscription. The price models displayed before the app is loaded will then apply. These become part of this agreement at the latest when the app is downloaded.

2) Changes of the MOONPOINTS-APP license agreement

(1) MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 reserves the right to change this MOONPOINTS-APP license agreement for important reasons, especially in order to: make its provisions clearer and more favorable to you; implement changes in the law – introduce new systems or technology changes.

(2) If MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 makes changes to the MOONPOINTS-APP License Agreement, you will be notified at least 30 days in advance of any changes that are unfavorable to you. If we deem it reasonable that such changes are not to your disadvantage, MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 may promptly make such changes and incorporate them into this MOBILE APP License Agreement. If a change has been made to this MOONPOINTS-APP License Agreement, MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 will update the date indicated after “Effective From” at the beginning of this document. Amendments to this MOONPOINTS-APP License Agreement will be effective as of the new date under “Effective From”.

If you do not agree to the amended terms, however, you must immediately cease using the Moonpoints.App. Your continued use of the Moonpoints.App constitutes your continued agreement to the terms set forth herein.

3) Consent to the use of data

You agree that MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software and peripherals, obtained periodically to enable MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 to provide you with software updates, product support, and other services (if any) related to the Moonpoints.App.

MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 may use this information to improve your products or to provide services and technologies to you, as long as this information is not in a form that can be used to draw personal conclusions about you.

4) Term / Termination

(1) The MOONPOINTS-APP license agreement is concluded for an indefinite period of time.

(2) The MOONPOINTS-APP license agreement can be terminated by you or MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 at any time without notice.

(3) If you delete the Moonpoints.App, this MOONPOINTS-APP License Agreement is automatically terminated.

(4) This MOONPOINTS-APP License Agreement ends automatically if MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 discontinues the Moonpoints.App or if you download a new version or an update of the Moonpoints.App. In addition, the provisions under section 10 of this MOONPOINTS-APP License Agreement shall apply.

(5) The MOONPOINTS-APP License Agreement will automatically terminate without notice if you violate any provisions of the MOONPOINTS-APP License Agreement.

(6) Upon termination of this MOONPOINTS-APP License Agreement, you shall cease using the Moonpoints.App and destroy all copies of the Moonpoints.App or any part thereof.

5) Services

The Moonpoints.App provides sporadic access to websites, services and information of MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 as well as to websites, services and information of third parties (together and individually “Services”). Use of the Services may require Internet access and your agreement to additional terms of service.

6) Third Party Materials

(1) Certain Services may display, contain or make available third party content, data, information, applications or materials (“Third Party Materials”). Third Party Materials may be found to be offensive, indecent or objectionable or contain inappropriate language.

(2) You acknowledge and agree that MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 is not responsible for reviewing or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Subject to Section 13, MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 shall have no liability to you for any Third Party Content that you may find offensive, indecent or objectionable.

(3) Subject to Section 13, MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 assumes no liability or responsibility to you or any third party for any services, third party materials, or any other third party materials, products or services. Third party materials are offered solely as a courtesy.

(4) If and as far as this mobile app and/or services contain links to third party websites, the liability provisions under section 13 and section 14 apply.

7) Location Information

Location-based data provided as part of Services is for basic navigation purposes only and is not intended to be used in situations where precise location information is required or where incorrect, inaccurate or incomplete location-based data may result in death, personal injury, property damage or environmental damage. Neither MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 nor your content providers warrant the availability, accuracy, completeness, reliability or timeliness of any location information or location-related data displayed on the Services.

8) Contents protected by copyright

(1) The Services may contain copyrighted content, information or materials (“Copyrighted Content”) that are protected by applicable intellectual property or other laws, such as copyright laws. You agree not to use any Copyrighted Content except as permitted under the MOONPOINTS-APP License Agreement and for use of the Services.

(2) The trademarks, logos and service marks (“Marks”) displayed in the Mobile App and the Services offered by MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 are owned by MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049, your trademark licensors and third parties. The use of any Trademarks for the purpose of, but not limited to, using meta tags on other pages or websites on the Internet without the written consent of or third parties that own the Trademarks is prohibited.

(3) No part of the Services provided by MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 may be reproduced in any form or by any means. You will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any unauthorized manner of any kind, including, but not limited to, unauthorized intrusion or encumbrance of network capacity. You will not use the Services in any manner that interferes with, abuses, disrupts, threatens, defames, or otherwise infringes or violates the rights of any third party.

(4) MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 is in no way responsible for any use by you in the sense of section 8 (3), neither for impairments, threats, defamation nor for offensive or illegal messages or transmissions that you may receive as a result of using these services.

9) Language and Local Rules

(1) The Moonpoints.App, Services and Third Party Materials are intended for worldwide use, except where a MOONPOINTS-APP can only be obtained through a local source that provides for a regional restriction.

(2) The Services and Third Party Materials may not be made available in all languages or in all countries. MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 makes no representation that such third party services and materials are appropriate or available for use in any particular location. To the extent you choose to access such third party services or materials, you do so on your own initiative and you are responsible for compliance with applicable law, including but not limited to applicable local laws.

10) Modification, Suspension and Discontinuance

(1) MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 and its licensors reserve the right to modify, suspend, remove, block or permanently discontinue access to or the appearance of the Moonpoints.App and the Services provided by at any time without notice.

(2) We may periodically require you to download and reinstall a new version of the Moonpoints.App, subject to the terms of any new user license agreement.

(3) In no event will MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 be liable for removing or disabling the Mobile App or access to such services. Furthermore, the MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 can determine in any case, without notice and without liability, use or access restrictions for the Moonpoints.App and certain services.

11) Network operator

(1) The access and the use of the Moonpoints.App and the Services takes place via the network of a number of the mobile network operator or a service operator (stationary network connection). MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 does not operate these networks and has no control over the operating procedures of the respective operator. We will have no liability to you if circumstances beyond our control interrupt, prevent, or otherwise impair transmission, communication, dispatch, or performance, or otherwise cause such intactness, including, but not limited to, unavailability of cellular services, communications, network delays, cellular reception limitations, system failures, or disconnections. MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 assumes no responsibility for cellular or service provider services used to access the Services.

12) Data security

The access to and the use of the services provided by the MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 via mobile networks or service providers can lead to the electronic transmission of personal information via the networks from the used operators. Since we do not operate or control these networks, we cannot guarantee the security and protection of data sent over them. In addition, the browser for wireless Internet access on your device is generally pre-configured by your wireless carrier. For more information about security and privacy, contact your carrier. In order for personal or confidential information to be sent to and from MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 over the Internet from a cell phone, we require that a secure session with encryption be established. MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 will treat your information in accordance with MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049’s Privacy Policy.

13) Limited warranty and disclaimer of warranty

(1) The Moonpoints.App and any services performed by or offered through the Moonpoints.App are provided “as is” with all faults present.

(2) You are advised that according to the current state of the art, despite the greatest conscientiousness and care, program errors cannot be excluded with 100% certainty.

(3) Unless expressly agreed otherwise, we do not warrant that the Moonpoints.App is suitable for purposes that go beyond the fulfillment of our contractual obligations.

(4) The rectification or replacement delivery shall only be deemed to have failed if we have been given sufficient opportunity to carry out a rectification or replacement delivery without this achieving the desired result, or if the rectification or replacement delivery has been unjustifiably refused by us. If the elimination of the defect by rectification or replacement delivery is associated with unjustifiable costs for us, we may refuse to eliminate the defect and refer you to your right to withdraw from the contract or to terminate the contract.

(5) In no case are you entitled to demand the source code of the Moonpoints.App with regard to defects.

(6) MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 does not guarantee:

(a) for the impairment of the use of the Moonpoints.App or

(b) for the fact that the functions contained in the mobile app or executed or offered services correspond to your requirements, and

14) Liability

(1) Unless and to the extent otherwise provided in this MOONPOINTS-APP License Agreement, we will be liable to you except for:

(a) damages resulting from injury to life, body and health; or

(b) damages based on:

(i) intent or gross negligence; or

(ii) the assumption of a quality or durability guarantee within the meaning of § 922ff ABGB or

(iii) the violation of an essential contractual obligation or insofar as

(iv) from product liability or (v) for risks which we have specifically assumed,

not.

(2) Essential contractual obligations, also so-called cardinal obligations in the sense of established case law, are obligations that make the proper execution of the MOONPOINTS-APP license agreement possible in the first place and on whose fulfillment the contractual partner of the user therefore relies and may rely.

(3) The obligation to pay compensation is limited to the foreseeable damage in the event of a breach of essential contractual obligations, unless there is intent or gross negligence, or liability exists due to injury to life, limb or health, or due to the assumption of a guarantee of quality or durability within the meaning of § 922ff ABGB (Austrian Civil Code), or due to product liability.

(4) Our liability in the scope of application of TKG (Telecommunications Act) remains unaffected.

(5) A fault-based liability of MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 for defects existing at the time of conclusion of this MOONPOINTS-APP license agreement according to §933a ABGB is hereby expressly excluded.

(6) The preceding liability exclusions and/or limitations are also valid with regard to the liability of the employees, workers, coworkers, representatives and executing aides of the MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049 in particular in favor of the shareholders, coworkers, representatives, organs and their members, concerning their personal liability.

15) Exemption

(1) You indemnify MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049, your licensors, sponsors, agencies and, affiliates, officers and employees from any third party claims based on or resulting from your misuse of the Moonpoints.App, based on the violation of provisions of this MOONPOINTS-APP License Agreement by you or other users of Services with your access ID or consent, if you have disclosed such data to an unauthorized person or have otherwise inadequately secured the data. You must use all reasonable efforts to cooperate with us in the defense of any such claim.

(2) We reserve the right to retain our own legal counsel at our own expense and to assume the exclusive defense and control of any such matter, subject to indemnification by you.

16) Lawful Use

(1) You may use or export or re-export the Moonpoints.App only in compliance with all applicable laws of the country by which you obtained the Moonpoints.App, U.S. and Austrian law. In particular, you may not export or re-export the Moonpoints.App to any country to which the U.S. has embargoed goods, or to any foreign national of such country; or to any person on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.

(2) By using the Moonpoints.App, you represent and warrant that you are not located in, a foreign national of, or on any of the countries listed in Section 16(1).

(3) You are prohibited from using this Moonpoints.App for any purpose that is prohibited in the United States or under Austrian law, including, but not limited to, the development, design, manufacture or production of nuclear, chemical, biological weapons or missiles.

17) Applicable law and place of jurisdiction

(1) The MOONPOINTS-APP License Agreement is governed by Austrian law.

(2) Your use of the Moonpoints.App may also be subject to other local, state, national or international laws.

18) Beneficiary Third Parties

(1) You agree that the Mobile Operating System Providers and their affiliates are beneficiary third parties to this MOONPOINTS-APP License Agreement and that the Mobile Operating System Providers, as beneficiary third parties, have the right (and the Mobile Operating System Providers are deemed to acknowledge this right) to enforce applicable portions of this MOONPOINTS-APP License Agreement against you – the End User.

(2) Notwithstanding the foregoing, we may cancel, modify, amend or terminate this MOONPOINTS-APP License Agreement in accordance with its terms, notwithstanding that the Mobile Operating System Providers have relied upon or consented to any provision of this MOONPOINTS-APP License Agreement. This MOONPOINTS-APP License Agreement is otherwise in the sole interest of the Parties and their successors and permitted assigns, and no provision of this Agreement shall be construed to give any person other than the Parties any statutory or other right under this MOONPOINTS-APP License Agreement.

19) Severability Clause / Completeness

(1) If one or more provisions of this MOONPOINTS-APP License Agreement are or will be invalid, the validity of the rest of the MOONPOINTS-APP License Agreement shall remain unaffected.

(2) This MOONPOINTS-APP License Agreement contains the entire agreement between you and MOONPOINTS - Mondpunkte-Forschungsverein with ZVR 1460302049.

20) Notice

Please read the MOONPOINTS-APP License Agreement thoroughly. Contact us and do not use the Moonpoints.App or Services if the Agreement contains anything you do not agree to. In this way, we can prevent uncertainty about what is expected of you and us.

Effective from: August 2023