FogbreakerTerms of Use for the App “Fogbreaker”
Provider
Teratis Solutions GmbH
Altendeichstieg 10
21109 Hamburg, Germany
Email: info@teratis-info.de
1. Scope of Use
These terms govern the use of the mobile application “Fogbreaker” (“App”). The App is a gamified fitness tracker that records walks via GPS, progressively reveals a personal map of explored areas, and rewards every step with experience points and progression.
2. Scope of Use and Registration
Use of the App requires the creation of a user account. Registration is carried out exclusively via Sign in with Apple or Sign in with Google. No separate email and password account is created.
Users are responsible for maintaining the security of their linked Apple or Google account and must prevent unauthorized access.
3. Paid Features
Additional features may be unlocked through a subscription. Subscriptions are concluded, renewed, and canceled exclusively through Apple or Google under their respective terms. The subscription contract is therefore directly between the user and the platform operator.
4. Walk Data and Storage
The App automatically records GPS routes and step data during active walks. Users do not create or upload content within the App.
Walk history, map progress, and account data are stored on the provider's servers and linked to the user's account. Users may submit media via a support form solely for error analysis purposes.
5. Age Rating
According to store requirements, the App may be used by minors. Responsibility for use by minors lies with their legal guardians.
6. Permissible Use
The following are prohibited in particular:
- unlawful or abusive use,
- publishing, transmitting, or requesting criminal content,
- harassment of other users or support staff,
- automated use, manipulation, or bypassing technical protection measures.
The provider may suspend or delete user accounts in case of violations.
7. Availability and Data Integrity
The provider strives for smooth operation but does not guarantee uninterrupted availability.
When using cloud features, data is stored in encrypted form; however, absolute protection against data loss or damage cannot be technically guaranteed.
8. Liability
The App does not provide advisory, business-critical, or safety-critical functions.
The provider is liable only for damages caused by intentional or grossly negligent conduct.
In cases of slightly negligent breaches of essential contractual obligations (cardinal duties), liability is limited to foreseeable, typically occurring damages.
Liability for injury to life, body, or health remains unaffected.
9. Usage Rights
The provider grants the user a simple, non-transferable license to use the App for private and business purposes under these terms. Any further use—particularly copying, distributing, modifying, or reverse engineering—is prohibited unless legally required.
10. Changes to These Terms
The provider may amend these terms if there are objective reasons for doing so. Changes will be communicated within the App or in the store. Continued use of the App after changes take effect constitutes acceptance.
11. Applicable Law
German law applies.
Country-Specific Provisions
The following country-specific provisions take precedence over the corresponding sections above if, at the time of ordering Teratis Solutions GmbH services (App: Fogbreaker), your habitual residence is or was in one of the countries listed below.
A) United States of America
Modification of Section 8
Under no circumstances shall Teratis Solutions GmbH be liable—whether under tort law, contract law, strict liability, or any other legal theory—for lost profits, data loss, lost opportunities, procurement of substitute goods or services, exemplary damages, punitive damages, personal injury/wrongful death, or any other special, incidental, indirect, or consequential damages arising from the use of the services. All such damages are excluded regardless of whether a party was advised of their possibility.
Liability for direct damages is limited to the fees you paid for the services during the twelve (12) months preceding the event giving rise to the claim.
Teratis Solutions GmbH does not make any representations, guarantees, or warranties regarding specific progress or success when using the Fogbreaker services.
Neither party is liable for performance failures or delays caused by force majeure, meaning causes beyond a party's reasonable control that occur without fault or negligence.