Terms of Use
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Use
Effective date: September 29, 2026
VAT ID: DE298265721
Welcome to CandyJar. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected]. These Terms of Use (the “Terms”) are a binding contract between you and Inkitt, GmbH (“CandyJar,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.
These Terms apply uniformly to all users. The country-specific provisions below apply in addition. In the event of any conflict between the general part and the country-specific provisions applicable to you, the country-specific provisions prevail.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
CandyJar takes the privacy of its users very seriously. For the current CandyJar Privacy Policy, please click here. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
For users in Germany/the EU, the age limit for consent to the processing of personal data under Article 8 GDPR is 16.
What are the basics of using CandyJar?
As CandyJar continues to improve and change our Services, you may be required to sign up for an account and select a user name (your “CandyJar User ID”) to utilize certain features of the Services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your CandyJar User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your account access with anyone, and you must protect the security of your account. You’re responsible for any activity associated with your account. Your use of the Services is subject to the following additional restrictions: You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that: (a)  Infringes or violates the intellectual property rights or any other rights of anyone else (including CandyJar); (b)  Violates any law or regulation, including any applicable export control laws; (c)  Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d)  Jeopardizes the security of your CandyJar account or anyone else’s (such as allowing someone else to log in to the Services as you); (e)  Attempts, in any manner, to obtain the device or other security information from any other user; (f)  Violates the security of any computer network, or cracks any passwords or security encryption codes; (g)  Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not using the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); (i)  Copies or stores any significant portion of the Content; (j)  Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in CandyJar?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, audio recordings, music, sound effects, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including CandyJar’s) rights. You understand that CandyJar owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to CandyJar or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant CandyJar a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. If you store a User Submission in your own personal CandyJar account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant CandyJar the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so. If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services] (each of the foregoing, a “Public User Submission”), then you grant CandyJar the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all CandyJar users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with CandyJar’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable (except as set forth herein), and worldwide. Finally, you understand and agree that CandyJar, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like CandyJar, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
You can submit notices by e-mail to [email protected]; we will confirm receipt and inform you of our decision.
For users in the EU, Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”) additionally applies.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.  We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. The Services may contain links or connections to third party websites or services that are not owned or controlled by CandyJar. When you access third party websites or use third party services, you accept that there are risks in doing so, and that CandyJar is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. CandyJar has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by a third party in the Content. In addition, CandyJar will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. If there is a dispute between participants on this site, or between users and any third party, you agree that CandyJar is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release CandyJar, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
For users in the EU, the exclusion and limitation of liability are governed by the section “Country-specific provisions for users habitually resident in Germany or another EU/EEA Member State”.
Will CandyJar ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything? Virtual Currency & In-App Purchases:
While using CandyJar, you may have the opportunity to visit in-app stores where you can obtain and use our virtual currency; points. CandyJar may also make points available to you in connection with your use of the Services. Virtual currency and points have no “real-world” value but may be exchanged to skip in-app wait times. Any prices, quotations and descriptions made or referred to on our Services do not constitute an offer and may be withdrawn or revised at any time before CandyJar’s express acceptance of your order. To the extent permitted under applicable law, you agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your account or resulting from use of the Services on your device at the price(s) in effect when such charges occurred. CandyJar may change the pricing for the Services at any time consistent with applicable law. CandyJar reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. If that happens, and you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price. Different payment methods, such as credit card, direct debit, PayPal etc. may be available to you when obtaining virtual currency through the Services. When you use third-party payment and billing providers, such as PayPal, that provider’s additional terms, conditions, and costs, apply. It is your obligation to pay all federal, state, and local taxes associated with the receipt or use of the virtual items which you purchase from CandyJar. YOU UNDERSTAND AND AGREE THAT CandyJar WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. If an account is permanently banned, all virtual currency balances associated with the suspended account are forfeited. CandyJar will have no obligation or responsibility to and will not reimburse you for any virtual currency, points, or experience lost due to your violation of these Terms.
Consumers habitually resident in the EU have a statutory 14-day right of withdrawal when purchasing points and other digital content. Details are set out in Annex 1, which also contains the model withdrawal form. For contracts for the supply of digital content, the right of withdrawal expires early if, during the ordering process, you (i) expressly consented to performance beginning before the expiry of the withdrawal period, (ii) acknowledged that your right of withdrawal expires when performance begins, and (iii) we have provided you with a confirmation of the contract.
If you purchase points or subscriptions through the Apple App Store or Google Play, the ordering process and payment are handled by the respective app store. Withdrawal and refunds for such purchases follow the procedure provided by the respective app store operator. Your statutory rights remain unaffected.
For users in the EU, the statutory warranty rights for digital products apply to defects in the Services and the digital content.
Subscriptions
Though basic access to the Services is currently free, CandyJar reserves the right to require payment of fees for certain or all Services. If you choose to enroll in our subscription services to access the paid features of the Services, you shall pay all applicable fees, as described in connection with such Services selected by you. CandyJar reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
For users in the EU: changes to the price of a current subscription take effect only with your express consent. For future subscription periods, CandyJar may change prices provided that the change is communicated to you in text form before it takes effect. You may cancel the subscription free of charge until the price change takes effect.
Auto-subscription
The subscription will automatically renew unless auto-renew is turned off at least 24 hours before your subscription is expired. You can cancel your subscription at any time during the subscription period. Such cancellation will come into effect after your current subscription period expires.
For users in the EU: the subscription is concluded for the billing period selected at the time of purchase. After the initial term, it renews for an indefinite period. You may cancel the renewed subscription at any time with a notice period of no more than one month. For a monthly subscription, the cancellation takes effect at the end of the current billing month.
In good time before the initial term ends and before a renewal takes effect, we will inform you in text form (e.g. by e-mail) of the upcoming renewal, the price that will then apply and how you can cancel.
You can cancel the subscription using the cancellation button provided for this purpose or the cancellation functions available in your account. We will confirm your cancellation electronically.
Will CandyJar send me text messages? (CandyJar SMS Program)
What the program is. If you are in the United States and opt in, CandyJar (operated by Inkitt GmbH) will send recurring automated marketing text messages to the mobile number you give us. These can include new releases, episode alerts, special offers and links to video content. We will also send messages about your participation, such as a welcome message and a confirmation if you opt out.
How you opt in. You opt in by entering your mobile number in the CandyJar app and tapping “I want treats.” You do not have to agree to receive text messages to buy anything from CandyJar, to subscribe, or to use the Services. If you tap “No, not now,” we will not text you and we will not keep your number.
Your number. By opting in, you confirm that you are the account holder or an authorized user of that mobile number, and that you are at least 18 years old or the age of majority where you live. If you change or give up that number, please opt out first. We will need your consent again before we text a new number.
Welcome message and verification. After you opt in, we may send a welcome message asking you to reply YES. Replying YES confirms your number and lets us send videos that play directly in your messages. Your opt-in is valid whether or not you reply.
Message frequency and cost. How often we text you varies. Message and data rates may apply, depending on your mobile plan.
Opting out. You can opt out at any time by replying STOP. You can also reply STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT. We will send one message confirming you have opted out, and then no more marketing texts. You can also opt out any other reasonable way, such as emailing [email protected], and we will process your request promptly. To rejoin, reply START or opt in again in the app.
Help. Reply HELP for help, or email [email protected].
Carriers. Carriers are not liable for delayed or undelivered messages. Not every carrier or device supports every message type, including in-thread video.
Privacy. Our Privacy Policy explains how we use your phone number and text message data. We do not share your mobile number or your text message opt-in with third parties for their own marketing. Text messaging originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
Changes. We may change or end the SMS program at any time. Any dispute about the SMS program is covered by the dispute resolution provisions in the section “What else do I need to know?” of these Terms.
What if I want to stop using the Services?
You’re free to do that at any time, by deleting your account; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. CandyJar is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. CandyJar has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the CandyJar App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application: (a) Both you and CandyJar acknowledge that the Terms are concluded between you and CandyJar only, and not with Apple, and that Apple is not responsible for the Application or the Content; (b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; (c) You will only use the Application in connection with an Apple device that you own or control; (d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application. Your statutory rights against CandyJar remain unaffected; (f) You acknowledge and agree that CandyJar, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; (g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, CandyJar, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (I) Both you and CandyJar acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and (j) Both you and CandyJar acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
What else do I need to know?
For users habitually resident in Germany or another EU/EEA Member State, the country-specific provisions below take precedence over this section and the section “Indemnity”.
Warranty Disclaimer. Neither CandyJar nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CandyJar (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CandyJar (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100 OR (II) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity.
To the fullest extent allowed by applicable law, You agree to indemnify and hold CandyJar, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account or your User Submissions), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without CandyJar’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in a reasonable location in the United States respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CandyJar ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Country-specific provisions for users habitually resident in Germany or another EU/EEA Member State
The agreement concerning your use of the Services is formed when you accept these Terms during registration (for example, by clicking the relevant button) or, if use without registration is possible, when you begin using the Services after we have drawn your attention to these Terms and you have had a reasonable opportunity to take notice of them. We store the contractual text; you may access these Terms at any time at candyjar.com/en/terms and save them in a reproducible form. The languages of the agreement are German and English.
These Terms include the provisions of this document and those contained in the Privacy Policy and the Copyright Dispute Policy. Individual contractual agreements take precedence over these Terms.
We are constantly working to improve our Services, and these Terms may therefore change together with the Services. We may amend these Terms with effect for the future where this is necessary for a valid reason and where the amendment is reasonable for you, taking your interests into account. Such amendments will not change the contractual balance of performance and consideration to your detriment.
We will inform you of amendments at least 30 days before they take effect in text form (e.g. by e-mail or a notice in the Services), highlighting the amended provisions. You may object to the amendments until they take effect or terminate the agreement free of charge at any time. If you object, we may terminate the agreement by ordinary notice. We will separately draw your attention to your right to object and the consequences of an objection in the notice of amendment.
Governing law: These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you habitually reside in another EU/EEA Member State, the mandatory consumer-protection provisions of that state also remain applicable.
Jurisdiction; no arbitration clause: The statutory venues apply to disputes.
CandyJar’s liability: CandyJar is liable without limitation (i) in cases of intent and gross negligence, (ii) for damage arising from injury to life, body or health, (iii) under the Product Liability Act and (iv) to the extent of any guarantee assumed by CandyJar. In cases of simple negligence concerning essential contractual obligations (obligations whose fulfilment is essential for the proper performance of the agreement and on whose fulfilment you may regularly rely), liability is limited to the foreseeable damage typical for the agreement. Otherwise, CandyJar’s liability for simple negligence is excluded.
Warranty: The statutory warranty rights for digital products apply.
Indemnification: You indemnify CandyJar against third-party claims only to the extent they are based on your culpable breach of these Terms or applicable law (in particular through infringing User Submissions you have posted), including the necessary costs of legal defence in a reasonable amount. You are entitled and obliged to assist us in the defence; we will inform you of asserted claims without undue delay.
Consumer dispute resolution: CandyJar is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.
Right of withdrawal: Your statutory right of withdrawal is set out in Annex 1.
Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the CandyJar may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and CandyJar agree that these Terms are the complete and exclusive statement of the mutual understanding between you and CandyJar, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of CandyJar, and you do not have any authority of any kind to bind CandyJar in any respect whatsoever.  Except as expressly set forth in the section above regarding the Apple Application, you and CandyJar agree there are no third-party beneficiaries intended under these Terms.
Annex 1: Withdrawal information for consumers in the EU
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
How to exercise the right of withdrawal
To exercise the right of withdrawal, you must inform us (Inkitt GmbH, SaarbrĂĽcker Str. 36, 10405 Berlin, Germany, e-mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Subscriptions (provision of services)
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Expiry of the right of withdrawal
For a contract for the supply of digital content which is not supplied on a tangible medium (for example virtual currency or episodes), the right of withdrawal expires if the performance has begun with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal, and we have provided you with a confirmation of the contract.
For a contract for the provision of digital services (e.g. a subscription), the right of withdrawal expires if we have fully performed the service after you (1) expressly consented to us beginning performance before the expiry of the withdrawal period, (2) acknowledged that you lose your right of withdrawal once the service has been fully performed, and (3) we have provided you with a confirmation of the contract on a durable medium.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To: Inkitt GmbH, SaarbrĂĽcker Str. 36, 10405 Berlin, Germany, e-mail: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
________________________
Ordered on (*)/received on (*): ________________________
Name of consumer(s): ________________________
Address of consumer(s): ________________________
Signature of consumer(s) (only if this form is notified on paper): ________________________
Date: ________________________
(*) Delete as appropriate.