Terms of Service

Last updated: September 17, 2025

1. Scope and Contact

These Terms of Service apply to the mobile application "StainyNotes" (hereinafter referred to as "App"). The provider of the App (hereinafter "Provider") can be contacted at apps (at) miolus.de.

By installing and using the App, you agree to these Terms of Service. If you do not agree to these terms, you may not use the App.

2. Subject Matter and Services

a) "StainyNotes" is an app for creating, organizing, and managing digital notes. The App is provided "as is" and "as available".

b) The Provider reserves the right to change, expand, restrict, or completely discontinue the functionality of the App at any time and without prior notice.

c) There is no claim to the permanent availability of the App, its error-free functioning, the backup of data, or compatibility with specific devices or operating system versions.

3. License for Use

a) The Provider grants you a personal, non-transferable, revocable, and non-exclusive license to use the App solely for private, non-commercial purposes.

b) Any commercial use of the App, including but not limited to resale, rental, or use in a professional or business environment, is strictly prohibited and constitutes a violation of these Terms of Service.

4. Disclaimer of Liability

a) General Disclaimer: Use of the App is at your own risk. The Provider is in no way liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising from the use or inability to use the App. This includes, but is not limited to:

Any loss, damage, or destruction of data, notes, or other content created or stored in the App.
Damage to your device or losses due to security vulnerabilities, viruses, or other malicious software.
Loss of revenue, business opportunities, or reputation.
Damages caused by errors, omissions, interruptions, or delays in the operation of the App.
Costs or charges that arise in connection with the app

b) No Warranty: The Provider makes no warranties of any kind, either express or implied. In particular, no warranty is given for the accuracy, completeness, reliability, security, availability, or fitness for a particular purpose of the App. The Provider does not guarantee that the App will function uninterrupted or error-free.

c) User's Responsibility: You are solely responsible for backing up your data. The Provider strongly recommends making regular, independent backups of all content created in the App. The Provider is not responsible for the loss of data, regardless of the cause.

d) Indemnification: You agree to indemnify the Provider from all claims by third parties arising from your use of the App or a violation of these Terms of Service.

e) The foregoing limitations of liability do not apply in cases of intent, gross negligence, injury to life, body, or health, or to the extent that the Product Liability Act provides for mandatory liability.

5. Privacy Policy

The collection and processing of personal data in the context of using the App are explained in our separate Privacy Policy.

6. Intellectual Property

All rights to the App, including the software, design, texts, graphics, and name, remain with the Provider. Reproduction, distribution, or public display of the App or parts thereof is not permitted without the express written consent of the Provider.

7. Changes to the Terms of Service

a) The Provider reserves the right to change these Terms of Service at any time.

b) You will be informed of changes within the App and asked to actively agree to the new Terms of Service.

c) Continued use of the App is only possible after your express consent to the amended terms. If you do not agree to the changes, you may not continue to use the App.

8. Final Provisions

a) Should individual provisions of these Terms of Service be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.

b) The law of the Federal Republic of Germany shall apply exclusively.