Terms of Use

This version is for consumers habitually resident in the United Kingdom.

1. Scope and provider

These Terms govern your use of the app "Novara" (the "app") and its online features. The provider is Mark Berger, sole trader (individual), Naukler Straße 18, 71065 Sindelfingen, Germany (the "provider"). The purchase transaction is additionally subject to Apple's terms (section 2).

2. Supply of the app, in-app purchase and Apple's role

The app is supplied free of charge via the Apple App Store, with part of the learning content accessible without payment. A single optional in-app purchase permanently unlocks all chapters ("Unlock all chapters"; a non-consumable product). It is a one-time payment — no subscription and no recurring charge.

Under Apple's developer terms, Apple sells the app and the in-app purchase in its own name on the provider's behalf. The contracting party for purchase, payment, billing and refunds is Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, and Apple's Media Services Terms and Conditions apply. The price is shown before purchase in the App Store, inclusive of any applicable tax, and is billed to your Apple ID.

Refund requests must therefore be made to Apple (via "Report a Problem" / reportaproblem.apple.com); the provider receives no payment data and cannot view or refund App Store purchases. A purchase can be restored on other devices using the same Apple ID via "Restore purchases".

3. Right to cancel (digital content)

As a consumer you generally have 14 days to cancel a distance contract without giving a reason (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). As the in-app purchase is concluded with Apple (section 2), this right is exercised against Apple, which provides the cancellation information and function in the App Store.

For digital content not supplied on a tangible medium — such as unlocking the chapters — the right to cancel is lost once performance has begun, where you have given express prior consent to that and acknowledged that you thereby lose the right to cancel (regulation 37). As the unlock takes effect immediately, these conditions are met at the point of purchase, where Apple obtains that consent and acknowledgement.

4. Subject of the service

The app teaches children, teenagers and families about money and basic financial concepts through learning chapters, quizzes and progress indicators, saving progress via a cloud service where an account is created. No financial product is arranged, offered or recommended, and no real money is placed or managed. See the disclaimer.

5. Permitted use

The app is for personal, private, non-commercial use within the family. Commercial use, redistribution, reproduction or modification of the app or its content without the provider's prior written consent is not permitted.

6. Accounts, children and responsibility

• The in-app purchase and the main account are reserved to adults. A child under 18 generally cannot enter into a binding contract (including the in-app purchase) other than for necessaries or where the law allows; otherwise their parent or legal guardian acts.
• A parent or legal guardian creates the account and can create and manage child profiles within it.
• Older teenagers may have their own profile with their legal guardian's consent.
• The account holder must keep their credentials confidential.
• The parent or guardian is responsible for the children's use of the app.
• The account can be deleted in the app at any time; see the privacy policy.

7. Intellectual property

All content of the app (text, graphics, design, learning content and software) is protected by intellectual property law and belongs to the provider or its licensors. Downloading the app, and where applicable the in-app purchase, grants you a simple, personal and non-transferable right to use it under these Terms.

8. Not financial advice

The app is for educational and informational purposes only and is not a substitute for investment, financial, tax or legal advice. It makes no personal recommendation about any specific financial product or investment. For any specific decision, consult a suitably qualified professional. The disclaimer supplements this section.

9. Your statutory rights: quality, updates and availability

As a consumer you have statutory rights in respect of digital content under the Consumer Rights Act 2015: it must be of satisfactory quality, fit for a particular purpose made known to the trader, and as described. If it does not conform, you are entitled to the statutory remedies — repair or replacement and, where appropriate, a price reduction or a refund. These rights cannot be excluded (section 47 of that Act).

• Updates: where the provider supplies updates (including security updates) needed to keep the digital content conforming, it will do so for the period you may reasonably expect given the type and purpose of the app.
• Availability: the online features (for example sign-in and saving progress) require an internet connection and the third-party services used; brief interruptions may occur (for example maintenance), and no particular availability level is guaranteed. Your statutory rights on non-conformity still apply.

10. Liability

Nothing in these Terms limits or excludes the provider's liability where it would be unlawful to do so — in particular for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for breach of the statutory rights in the Consumer Rights Act 2015 that cannot be excluded (including those as to digital content in section 9 above), or for any other liability that cannot be limited or excluded under UK law.

Subject to that, the provider is liable for loss or damage you suffer that is a foreseeable result of its breach of these Terms or its negligence, but not for loss or damage that is not foreseeable. Loss is foreseeable if it is obvious it will happen or, when the contract was made, both parties knew it might. The provider does not warrant that the app will always be available or uninterrupted. A term that is contrary to good faith and causes a significant imbalance to your detriment is not binding on you (Part 2 of the Consumer Rights Act 2015).

11. Changes to the Terms

For purchases already made, the Terms in force at the time of purchase remain decisive. The provider may change these Terms for future use where there is a valid reason (for example changes in the law, in case law or in functionality) and without unreasonably disadvantaging you. You will be told of any change by appropriate means, as a rule within the app. A change takes effect only if you accept it; silence is not acceptance.

12. Governing law and jurisdiction

These Terms are governed by the law of England and Wales. You keep, in any event, the protection of the mandatory consumer law of the part of the United Kingdom where you live, which cannot be excluded by agreement. As a consumer you may bring proceedings in the courts for your part of the UK, and you can only be sued in those courts.

13. Complaints

If you have a problem, please contact us first (see section 14). This does not affect your statutory rights or your ability to seek redress through the courts.

14. Contact

Mark Berger
Naukler Straße 18, 71065 Sindelfingen, Germany
Email: Bergermark@myyahoo.com
Telephone: +49 151 58600975