Provider:

• Jens Kübler
• Max-Beckmann-Straße 39, 76227 Karlsruhe, Germany
• Email: support@dolphincrusher.com

User: Any natural or legal person who downloads or uses the App ("user" or "you").

Subject matter of this EULA is the use of the Android app Beemaster ("App"), which provides beekeepers with tools for documenting beehives, blooming periods, weather data, and other beekeeping-related information.

2.1 Scope of license

The Provider grants you a simple, non-exclusive, non-transferable and revocable license to use the App for private purposes on a compatible Android device.

2.2 Restrictions

To the extent permitted by law (in particular subject to §§ 69d, 69e of the German Copyright Act – UrhG):

• You may not duplicate, modify, reverse-engineer, decompile or otherwise analyse the source code or structure of the App.
• You may not resell, rent, lend or otherwise transfer the App to third parties.
• Use of the App in the context of commercial beekeeping with more than 50 colonies requires a separate written agreement with the Provider.
• The App may not be used in countries where such use is prohibited by local law.

Mandatory copyright limitations (e.g. §§ 69d (2) and (3), 69e UrhG) remain unaffected.

2.3 Term

The license is granted for an indefinite period, unless terminated in accordance with §7.

The processing of personal data is governed by the Provider's Privacy Policy, which is also available within the App under "Settings → Legal → Privacy Policy". The Privacy Policy is not part of this EULA but constitutes separate information pursuant to Art. 13 GDPR.

4.1 Statutory warranty

For paid components of the App, you have the statutory warranty rights (in particular §§ 327 et seq. of the German Civil Code – BGB, regarding digital products); this EULA does not restrict these rights. For free components, the statutory provisions on gratuitous contracts apply.

Save where mandatory law provides otherwise (in particular § 327f BGB on update obligations for paid digital products), the Provider is not obliged to ensure any specific functionality, availability or update frequency.

The App provides no guarantee as to the accuracy, currency or completeness of bloom or weather forecasts.

4.2 Liability

The Provider shall be liable without limitation:

• for intent and gross negligence,
• for damages arising from injury to life, body or health,
• under the German Product Liability Act (Produkthaftungsgesetz) and any applicable EU product liability directive,
• where a guarantee or specific quality has been assumed,
• where mandatory liability otherwise applies by operation of law.

For slightly negligent breaches of material contractual obligations (so-called cardinal duties – obligations the fulfilment of which is essential to the proper performance of the contract and on which the user may regularly rely), the Provider's liability is limited in amount to the foreseeable damage typical for the contract. Any further liability – in particular for slightly negligent indirect damage, loss of profit or consequential damage – is excluded.

The user is obliged to perform regular data backups (using the export feature). In the event of data loss, the Provider's liability is limited to the effort that would have been required for a properly performed daily backup by the user.

4.3 Notice on use

The Provider offers support on a voluntary basis via support@dolphincrusher.com. Save where mandatory law provides otherwise, there is no entitlement to support, bug fixes, updates or specific response times.

In case of security-relevant incidents or statutory obligations (e.g. notification duties under Art. 33 GDPR), the Provider will respond promptly within the statutory periods.

All rights in the App (including source code, design, logos, texts, graphics, databases) are exclusively owned by the Provider or its licensors. You acquire no rights beyond the license granted under this EULA.

7.1 Termination by the user

You may terminate the license at any time by uninstalling the App and revoking any consents granted.

7.2 Termination by the Provider

The Provider may terminate the license without notice for cause (in particular in the event of a material breach of this EULA). Otherwise, the Provider may terminate this license agreement on 30 days' notice to the end of a calendar month.

7.3 Consequences of termination

Upon termination, your right to use the App ceases. Locally stored data on your device will remain until the App is uninstalled; details are set out in the Privacy Policy.

1. This EULA is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the consumer's habitual residence remain unaffected (Art. 6 Rome I Regulation).
2. For consumers, the statutory provisions on jurisdiction apply (in particular §§ 29, 29c of the German Code of Civil Procedure – ZPO; Art. 17 et seq. of the Brussels Ia Regulation).
3. For entrepreneurs, legal persons under public law and special funds under public law, the exclusive place of jurisdiction is Karlsruhe, Germany.

9.1 Changes to this EULA

The Provider may amend this EULA for valid reasons (e.g. changes in law, new functionalities, supreme court rulings). Planned changes will be communicated to you in text form (e.g. by in-app notice or email) at least six weeks before they take effect.

You have the right to object to the changes before they take effect. If you do not object within the said period, the changes shall be deemed accepted; this consequence will be specifically pointed out in the notice. In the event of an objection, both parties shall have the right to ordinary termination pursuant to §7.2.

This rule does not apply to changes to material primary obligations of the contract; in such cases, express consent is required.

9.2 Severability

Should individual provisions of this EULA be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.

9.3 Language

This EULA was drafted in German. The English version is a courtesy translation. In the event of any discrepancy between the German and English versions, the German version shall prevail.