GTC - Blackhole

General terms and conditions

General Terms and Conditions (GTC) for the Blackhole App

Status as at June 13, 2022

Provider and scope

9oClock Software GmbH
An der Krebswiese 2a
98693 Ilmenau
Germany

Chief executives: Kay Wenzel
Location: Ilmenau
Commercial register/entry: Amtsgericht Jena, HRB 518782
VAT ID: DE347313694

E-Mail: info@9oclock-soft.de
Internet: www.9oclock-soft.de

We, 9oClock Software GmbH, operate the Blackhole mobile application for shooting sports for scanning targets with a cell phone camera, keeping a digital shooting log, managing equipment as well as sharing shooting results and communicating via text messages with contacts selected by the user.

9oClock Software GmbH offers the Blackhole app based on these GTC. These GTC and all other agreements referred to in the GTC, if any, are accepted by the user either through use (without registration) or through registration. These Terms and Conditions shall apply in their currently valid version until revoked.

Without agreeing to these T&Cs, neither registration nor full use of the Blackhole app is possible.

These T&Cs apply exclusively to the Blackhole mobile application.

Subject of the contract

The Blackhole app is available for Android, iOS and other smartphones worldwide via the respective app stores (Google Playstore, Apple Store, and others if applicable) and can be downloaded there free of charge for the user (any costs for the transfer of data on the part of the mobile phone provider are to be borne by the user). It essentially contains the following functions:

Scanning targets with a cell phone camera and evaluating them
Management of shooting results in a digital shooting book
Management of equipment in the inventory
Networking with other sport shooters and sharing shooting results in a newsfeed ( called “Shooters lounge”)
Without a premium subscription, only basic functions can be used. Some premium functions can also be temporarily unlocked without a premium subscription by watching a promotional video.

Condition of use

To be able to use Blackhole completely, i.e. save shooting results and all online functions, a one-time registration is required. Without registration the targets can be scanned and evaluated but not saved.

Registration takes place via a link that is called up from within the app. Registration requires the entry of a nickname, an email address and a password. We reserve the right to additionally offer registration via a third-party account such as Google, Apple or Facebook in the future.

With the registration a profile is created, which can be supplemented afterwards optionally with additional data such as first name, surname, place and further data. These optional details are personal data and may only be filled in by minors under the age of 16 with the consent of a parent or guardian.

By registering, the user confirms full knowledge and unrestricted acceptance of the contents of these GTC.

Only one registration per user is allowed.

We reserve the right to reject a user without reason. In this case, all his data will be deleted as soon as possible.

Duties and conduct of the user

The user agrees to provide additional voluntary information in his profile (including first name, last name, location) only truthfully.
The user undertakes not to falsify his digitalized shooting results and to edit them only in such a way that they correspond to the actual shooting image on the own target and to link only actually used equipment with the event in the shooting book.

The user is obligated not to store, publish or distribute any racist, insulting, discriminatory, defamatory, sexual, violence glorifying, unconstitutional or other illegal content.

The user is obliged not to make any disruptive interventions on the Blackhole network.

The user is obliged not to distribute data accessible to him without the express consent of the rights holder.

We reserve the right to take the following measures against violations of the above-mentioned obligations of the user:

Warning
Content deletion
Temporary user block
Exclusion of the user and deletion of the user account

The measure depends on the intention or severity of the offense. In case of exclusion, the user is not allowed to register again.

Regulations for all users

For the download, use of the Blackhole app and the purchase of premium offers, the terms of use of the Google Playstore or the Apple App Store apply additionally.

The user is responsible for protecting his account from unauthorized and improper access. In case of suspicion of unauthorized use of the account, we ask the user to report the facts to info@blackhole-app.com immediately. We reserve the right to delete accounts that have been misused or used fraudulently.

We reserve the right to add, change, or remove options or features (including Premium features) in the Blackhole App. In most cases, this is done to make improvements or fix bugs. However, modifications can also be made to respond to the current market and competitive situation, to take into account changes in the law or to adapt the app to new product strategies as well.

We will not refund any premiums previously paid unless the changes have resulted in a material adverse effect on your use of the Blackhole App.

Additional terms for Premium subscribers

A Premium subscription is concluded exclusively via the respective App Store and is basically independent of a registration with Blackhole. However, it is strongly recommended to register and log in to be able to use the full range of functions including the online functions and the save function.

Payment and billing for premium subscriptions are handled via the respective app stores.

We offer different premium subscriptions that vary in price and duration. These can be viewed within the Blackhole app or also in the app stores. Prices can be adjusted at any time and are updated in the Blackhole app or the app stores.

Each subscription period is paid for in advance according to the terms of use in the app stores. The subscription is automatically renewed if it has not been cancelled.
Cancellation is done via the respective app store. In the Blackhole app, a link leads to the management settings of the premium subscription. From there, a cancellation can be made at any time if an internet connection is available.

The subscription can be cancelled at any time. Cancellation means that the subscription remains valid within the current period but will not be renewed. Already paid fees will not be refunded.

Subscriptions can also be paused via the Google Playstore. In this case, subscription periods are suspended, during which no payments are due and no premium features are available. After the end of the pause, the subscription is automatically resumed as normal.

Cancellation policy

The user has the right to revoke the concluded contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

Since paid services within the Blackhole app can only be purchased via an app store, the revocation instructions of the respective app store apply.

The user has the option to have his user account deleted at any time. To do so, it is sufficient to send an informal e-mail to info@blackhole-app.com with the user’s e-mail address registered with Blackhole as the sender. Premium subscriptions remain unaffected by a deletion of the user account and can only be revoked or terminated via the respective app store. The subscription management settings can be accessed via a link in the Blackhole app.

Updates

We are required by law to provide occasional security and technical updates to the Blackhole app to ensure that the app remains functional. This applies for a period of at least 2 years after the first download. The user is responsible for installing these updates and updating the operating system of his end device, if this is required for the update. We do not assume any liability for conformity deficiencies resulting from a missing update. The updates are provided via the respective app stores. If the auto-update option is set, the Blackhole app will be updated automatically. Alternatively, the update can also be performed manually by the user via the respective Blackhole store entry (Google Playstore or Apple App Store).

We inform about updates via our newsletter. You can subscribe to the newsletter via our website using the following link: https://www.blackhole-app.com/newsletter-en/

In case of technically mandatory updates, the user receives an in-app message about the necessity of an update with a corresponding reference to the entry in the respective app store for starting the update manually. Technically mandatory updates may result, for example, from a change in the backend implementation, which may cause incompatibilities with older app versions. The functionality of older app versions may be restricted until the update, among other things due to the incompatibilities described above.

Further updates concern general settings, advertising materials (banners) and product catalogs of our advertising partners. These are regularly updated and automatically downloaded from our website when necessary after app startup.

Any costs for the transmission of the data on the part of the mobile phone provider are to be borne by the user.

Within the Blackhole app, users can communicate with other users via simple text messages and share their shooting results and associated equipment with other friendly users.

We are entitled to store user content and pass it on to third parties if this is required by law or necessary and legally permissible.

The user grants us a non-exclusive but unrestricted, irrevocable and royalty-free right of use to all content generated by him within the Blackhole app. We are thus entitled to use, modify and edit all User Content provided that this does not impair the legitimate interests of the User. The user waives all intellectual property rights to the extent permitted by law.

We do not claim ownership of User Content and do not exercise any supervisory function over it.

We reserve the right to delete user content without giving reasons. The user will be informed in this case.

We do not assume any liability for incorrectly created user content, e.g. shooting results and equipment used, as well as all other event data.

Privacy policy

Our data protection notice is available at https://www.blackhole-app.com/blackhole-app-privacy/ and is an integral part of this contract.

Disclaimer of warranty and liability

We do not guarantee

that the Blackhole app is available constantly, completely and without errors and that the software works without errors
for the accuracy of the shooting results calculated on the basis of an image
that the data stored by the user is constantly available, complete and error-free and is not lost or damaged

Exceptions to the statutory period for shifting the burden of proof (one year) in the case of defects are technical incompatible environments of the User (e.g. outdated operating systems) and non-verifiability of the environment compatibility due to a refusal of the User to cooperate in determining it.

The use of the Blackhole app is solely at the user’s own risk.

We assume no liability for third-party content such as external links, banners or other information and advertising offers. Legal transactions that come about between users and third-party providers lead exclusively to contractual relationships between the user and the third-party provider. We do not assume any warranty for services and products of third party providers.

We are only liable for damages within the scope of the statutory provisions that have been caused by us through gross negligence or intent. In the case of slight negligence, we are liable to users only with regard to injury to life, limb and health and we are not liable to companies. We exclude liability towards companies for consequential damages, mere financial losses, lost profit income, damages from third party claims.

We are not liable for any damage caused by content made available through the Blackhole app, except as required by law. This also applies to damages that may result from viruses, data loss or other errors.

Each user is solely liable for any damage or loss of data caused by their hardware in connection with Blackhole. We assume no liability for downloaded content received by the user in connection with the Blackhole app.

Each user assumes full liability for actions of other users directed against him and acknowledges that we are not responsible for acts and omissions of other users. This also applies to any damages incurred as a result.

If third parties assert claims against us based on the infringement of their rights by content created by the user within the Blackhole app, the user shall indemnify us against all such claims. The costs of any legal defense on our part, including all court costs and attorney’s fees in the statutory amount, shall be borne by the user if the infringement is due to his culpable conduct.

In the event of a claim by a third party, the user is obliged to immediately provide us with all information known to him, which is necessary for an examination of the claims and a defense. This does not affect any further claims for damages on our part against the user.

Changes

We reserve the right to change the terms and conditions from time to time, especially to accommodate the interests of our users, to adapt to the market situation and to comply with legal requirements. The currently valid GTC can be viewed on our website and within the app.

In case of minor changes, we can simply publish the TOS in its updated form on our website and within the Blackhole app. This will then apply from the date of publication.

Significant changes to the GTC that have a material adverse effect on the user require the express consent of the user or must be communicated to the user at least 14 days before the effective date to the e-mail address with which the user has registered with us. The user then has the opportunity to object to the new GTC within a 14-day objection period. If the changes have not been objected to after expiry of the objection period, they shall be deemed to have been accepted. If the GTC are objected to, we are entitled to terminate the user contract and delete the user account if a continuation of the contractual relationship under the existing GTC is not possible or reasonable for us.

Final provisions

Should individual provisions of these terms and conditions be or become invalid, the remaining terms and conditions shall remain unaffected.

These GTC and the entire legal relationship between users and 9oClock Software GmbH shall be governed exclusively by German law, with the exception of the UN Convention on Contracts for the International Sale of Goods and the conflict of law provisions.

The place of performance and exclusive place of jurisdiction for all disputes is Ilmenau, Germany.